50
th
ANNUAL REPORT 2015-2016 THE GEM & JEWELLERY EXPORT PROMOTION COUNCIL
14
such settlement shall be binding on the Parties. It is clarified
that in the event Mediation has failed then the same shall
not affect the right of the member of the Trade Bodies to
file Complaint before TDC and in the event Mediation is
pending a Complaint and has failed then the Complaint shall
automatically be resumed.
27. WAIVER OF RULES:
A party who knows that any provision of the rules or
requirement under the Rules has not been complied with,
but the proceeds with the proceedings before the Committee
without promptly stating an objection in writing thereto, shall
be deemed to have waived the right to object.
28. EXPENSES:
The expenses for the proceedings as may be decided by
TDC shall ordinarily be borne and paid by both the Parties
in equal proportion. The TDC may however decide to the
contrary.
All administrative and general costs, charges and expenses
in respect of the Trade Disciplinary Committee and Sub-
Committee shall be shared by all the Trade Bodies in equal
proportion.
29. GENERAL:
29.1 In all matters no expressly provided for in these Rules,
TDC and the parties shall act in the spirit of these Rules and
shall make every reasonable effort to ensure that the decision
is legally enforceable.
29.2 These Rules shall govern TDC except where any of
them is in conflict with a provision of the law applicable to the
procedure of TDC from which parties cannot derogate, then
such provision shall prevail.
30. EXCLUSION OF LIABILITY:
30.1 Neither TDC nor the Committee shall be liable for any act
or omission in connection with any proceedings conducted
under these rules.
30.2 No party shall bring or prosecute any suit or proceedings
whatsoever against TDC and/or any of its member thereof,
for or in respect of any matter or thing purporting to be done
under these rules.
FORM OF COMPLAINT
COMPLAINT TO THE TRADE DISCIPLINARY COMMITTEE
Complaint No. _____ of ________
Date:
Name of the Complainant:
Full Address:
Phone No:
Email id:
Trade Membership No. of ___________________:
AND
Name of the Respondent:
Full Address:
Trade Membership No: (if applicable):
Details of Grievance, facts giving rise to grievance: (alongwith
all supporting documents in annexure 1, 2, 3, 4……………..
format)
Jurisdiction of the Committee:
Complaint within the period of Limitation:
Prayer / reliefs sought from the Forum:
Declaration:
I/we, the Complainant herein declare that:
(i) The information furnished hereinabove is true and correct;
and
(ii) I/we have not concealed or misrepresented any fact
stated hereinabove, and the documents submitted herewith
(iii) The subject matter of the grievance has never been
submitted to TDC by me/us or any of us or by any parties
concerned with the subject matter to the best or my / our
knowledge.
(iv) The subject matter of the grievance has not been settled
by the Committee in any of the previous proceedings;
(v) The subject matter of my /or grievance has not been
decided by any competent authority / Court / arbitrator and
is not pending before any such authority / Court / Arbitrator.
Yours faithfully,
Complainant
