50
th
ANNUAL REPORT 2015-2016 THE GEM & JEWELLERY EXPORT PROMOTION COUNCIL
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then the Sub-Committee shall be entitled to decide upon
the same in the similar manner as stated herein and give an
interim decision.
The decision of the Sub-Committee shall be final and there
shall be no appeal or revision of the same.
16. COMMUNICATION OF DECISION OF THE SUB-
COMMITTEE:
The decision of the Sub-Committee shall be communicated
by TDC to all the Trade Bodies and the same shall be valid
and binding upon them. The Trade Bodies shall in lines with
the direction of the TDC implement the decision without any
objection or demur. In the event any of the Trade Bodies fail to
take action as per the direction of the TDC, then other Trade
Bodies of TDC shall take such action against the defaulting
Trade Body as it deems fit. In the event of decision against
a third person and the third person being a foreign resident
and a member of any of the trade organisations in the country
of his residence then TDC shall also intimate its decision to
such organistaion.
17. TIMELIMIT FOR DECIDING THE COMPLAINT:
The Committee shall endeavor to decide the complaint
within a period of 6 (six) months from the date on which the
complaint is filed. In the event, it exceeds 6 (six) months then
the reason for the delay shall be mentioned in the Decision.
18. SUO MOTO ACTION:
In the event any act of any person/s which is not in the interest
of the trade of gem and jewellery is brought to the notice of
TDC or the same is noticed by TDC, then the same is to be
placed before TDC. TDC shall decide upon the same as to
whether the same is to be taken up by TDC. In the event, TDC
decides to take up the complaint, then the process as stated
above it to be followed.
19. INSPECTION OF RECORD AND SUPPLY OF COPIES:
19.1 Only the Parties to the proceedings upon a written
application shall be entitled to the inspection of record and
copies of the proceedings upon payment of charges in
respect thereof.
19.2 Notwithstanding anything stated in 19.1 there shall be
no obligation to give any information or copies of documents
that would impede the process herein or be detrimental
thereto.
20. LANGUAGE:
The pleading and proceedings can be either in English,
Gujarati or Hindi language. However, the decision shall be
passed in English Language alone.
21. REVIEW:
21.1 Any person aggrieved by an order of the Committee,
may, upon the discovery of new and important matter or
evidence which, after the exercise of due diligence, was not
within his knowledge or could not be produced by him at the
time when the decision was passed or on account of some
mistake or error apparent from the face of the record, may
apply for a review of such decision, within thirty (30) days of
the date of the decision, as the case may be.
21.2 An application for such review shall clearly state the
matter or evidence which, after the exercise of due diligence,
was not within his knowledge or could not be produced by
him at the time when the decision was passed or the mistake
or error apparent from the face of the record. The application
shall be accompanied by such documents, supporting data
and statements as the Committee may determine.
21.3 When it appears to the Committee that there is no
sufficient ground for review, the Committee shall reject such
review application. Provided that no application shall be
rejected unless the applicant has been given an opportunity
of being heard.
21.4 When the Committee is of the opinion that the review
application should be granted, it shall grant the same
provided that no such application will be granted without
previous notice to the Respondent or party to enable him to
appear and to be heard in support of the order, the review of
which is applied for.
22. INDEMNITY:
Both the Parties shall provide an Indemnity to TDC that they
shall not make any allegations or accusations of any nature
whatsoever on the Sub-Committee and TDC. In the event
either Party fails to furnish the Indemnity then TDC / Sub-
Committee shall accordingly intimate about the same to the
concerned Trade Body and request them to take appropriate
action against such Party. It is clarified that the TDC / Sub-
Committee shall be entitled to proceed with the hearing of
the Complaint without such Indemnity at its own discretion. In
the event any allegations or accusations are made then the
Committee shall be entitled to enforce the Indemnity and also
initiate SUO MOTO action against such party.
23. RECORD OF THE PROCEEDINGS:
The records of the proceedings shall be confidential nature
and shall not be disclosed by the Sub-Committee.
24. AMEND AND ALTER:
The TDC either on the recommendation of the Committee
or Suo Moto after following due process is entitled to
add, amend, alter and delete any of the above rules and
regulations.
25. NOTICE:
Notice sent by the Committee / TDC by email to the
Complainant or Respondent to the email address as
furnished in their respective pleading shall once addressed
to such email address shall be deemed to have been validly
and legally served upon the Complainant / Respondent as
the case may be.
26. OPTIONAL MEDIATION:
The Parties pending the Complaint may opt for mediation
and request the Committee to settle their dispute through
Mediation. Such request for mediation shall be made in
writing and signed by both the Parties. The Mediation
process shall be non-binding and the Committee shall not
impose its decision on the Parties and will attempt to present
a solution that is acceptable to both the Parties. However,
once the parties have mutually settled the disputes then
