Re: 64UM ACT OF INSURANCE AND INHOUSE SURVEYOR PUNISHMENT

[S. Anoop Kumar]

Dear Mr. Vasant Kumar, 

Your efforts are laudable.  But you need to understand few things before you go aggressive on anyone, including the employees of private insurance companies or the private insurance companies themselves.  Let us understand some of the issues:

1.  The Insurance Act is amended and now it is Insurance Amendment Act 2015.

2.  64UM of Insurance Act 1938 (or 1968) is replaced by Section 82 of Insurance Amendment Act 2015.

3.  The no survey limits are now shifted from the Act to the Regulations to be issued by IRDA, reviewed and revisited once every 3 years.  IRDA has now prescribed the no survey limits at Rs. 50,000.00 for motor claims, and Rs. 1.00 lakh for non-motor claims by way of Surveyors' Regulations 2015.. 

 

4.  No survey limits means the insurance company need not to conduct any survey and does not need a survey report to settle a claim within the prescribed limits.  

5.   For claims falling under no survey limits, it does not matter who conducts the survey, or takes photographs.  It can be anyone, including the insured himself or the body shop manager or even the roadside mechanic or the employees of insurance companies.  My words may be sounding harsh and may be they hurt, but is it not the crude fact?  We should thank & be grateful to our leaders for their hard work and for bringing us to this stage. 

 

6.  You are posting some information pertaining to 14th August 2011 (yes... 5 year old information).  This holds no good any more today for the act has changed and also the value of claim limits, or No Survey Limits.  .  

7.  Yes - you can file a criminal complaint against the employees of private insurance companies for violating the law and for conducting a survey of claim value of Rs. 50,000.00 and above.  You need to establish the fact that he was indeed conducting the survey, not merely collecting the docuents or taking few photographs, by collecting all the required & foolproof documentary evidence including his signed statements.  You need to be thorough with the law yourselves, that is, the provisions of the Insurance Act, the IRDA Regulations 2000, 2013 & 2015.   The police are not familiar with this and they do not know if there is any criminal act or violation of law, how to receive the complaint and under which section of IPC the employee can be booked and charged.  

8.   And I need to caution you here, the same laws apply to our own surveyors who are using their assistants to conduct the surveys.  Please ensure that our surveyors do not violate the law themselves and land themselves into problems.  

9.  Involve our elected leaders and call them to Gulbarga.  Make it a chapter issue and make it a zonal issue and make it an issue for the CC members to act.   This is the election time.  You will find people visiting and making tall promises.  And take their promises, but do not be disappointed if you do not see them again after the elections.  Always thank our elected leaders for what they have done to us at a great personal sacrifice.   

So whatever you do, please be prepared to take to its logical end.  Do not leave the issue midway.  It may boomerang on you.  Do not hold high hopes on our leaders and do not blame them too.   They have no time for small things of small surveyors in small towns and cities.  

Just for your info, Goa surveyors have resorted to this act of filing a criminal complaint against a private insurance company recently.  You may speak to them and take their guidance. I think an inquiry committee was also appointed by the IIISLA CC to enquire into the whole issue.  Goa surveyors have also withdrawn the police complaint.  

With best regards,

S. Anoop Kumar.  

On Thursday, October 27, 2016 at 9:49:26 AM UTC+5:30, vasantbalwadgi wrote:

Sir,

Violation of Insurance Act 64 UM

Consumer Protection »Posted 14 Aug 2011

A vehicle was met an accident and estimated repairing above Rs. 3,00,000/- and it was surveyed by employee of M/S Bajaj Allianz General Insurance Co. Ltd.; without having any licence from IRDA. As per Insurance Act 64UM no any company can conduct survey more than Rs. 20,000/-. Is consumer protection act protect consumer in the law? If any then mention the clause and act.

Section 64UM(2) in The Insurance Act, 1938

 

(2) No claim in respect of a loss which has occurred in India and requiring to be paid or settled in India equal to or exceeding twenty thousand rupees in value on any policy of insurance, arising or intimated to an insurer at any time after the expiry of a period of one year from the commencement of the Insurance (Amendment) Act, 1968, shall, unless otherwise directed by the 8[Authority], be admitted for payment or settled by the insurer unless he has obtained a report, on the loss that has occurred, from a person who holds a licence issued under this section to act as a surveyor or loss assessor (hereafter referred to as “approved surveyor or loss assessor”): Provided that nothing in this sub‑section shall be deemed to take away or abridge the right of the insurer to pay or settle any claim at any amount different from the amount assessed by the approved surveyor or loss assessor.

What is Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect? What is the punishment for cheating by personation? What is Cheating and dishonestly inducing delivery of property? Section 418, 419 and 420 of Indian Penal Code 1860. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect, punishment for cheating by personation and Cheating by dishonestly inducing delivery of property are defined under Section 418, 417 and 418 of Indian Penal Code 1860. Provisions under these sections are:

Section 418 of Indian Penal Code. "Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect" Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

Section 419 of Indian Penal Code. "Punishment for cheating by personation"

Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Section 420 of Indian Penal Code. "Cheating and dishonestly inducing delivery of property"
Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine

Regards


Vasantkumar Kulkarni
Surveyor/Loss Assessor

CO ORDINATOR UNIT: KALABURAGI

No. 102, GURU KRUPA

Near Shiva Mandir,

Agriculture Layout,

New Raghavendra Colony

KALABURAGI 585 103

KARNATAKA STATE

9986082527

vasantb...@yahoo.com

On Thu, Oct 27, 2016 at 8:15 AM, Vasantkumar Surveyor <vasantb...@gmail.com> wrote:

Sir,

Violation of Insurance Act 64 UM

Consumer Protection »Posted 14 Aug 2011

A vehicle was met an accident and estimated repairing above Rs. 3,00,000/- and it was surveyed by employee of M/S Bajaj Allianz General Insurance Co. Ltd.; without having any licence from IRDA. As per Insurance Act 64UM no any company can conduct survey more than Rs. 20,000/-. Is consumer protection act protect consumer in the law? If any then mention the clause and act.

Section 64UM(2) in The Insurance Act, 1938

 

(2) No claim in respect of a loss which has occurred in India and requiring to be paid or settled in India equal to or exceeding twenty thousand rupees in value on any policy of insurance, arising or intimated to an insurer at any time after the expiry of a period of one year from the commencement of the Insurance (Amendment) Act, 1968, shall, unless otherwise directed by the 8[Authority], be admitted for payment or settled by the insurer unless he has obtained a report, on the loss that has occurred, from a person who holds a licence issued under this section to act as a surveyor or loss assessor (hereafter referred to as “approved surveyor or loss assessor”): Provided that nothing in this sub‑section shall be deemed to take away or abridge the right of the insurer to pay or settle any claim at any amount different from the amount assessed by the approved surveyor or loss assessor.

What is Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect? What is the punishment for cheating by personation? What is Cheating and dishonestly inducing delivery of property? Section 418, 419 and 420 of Indian Penal Code 1860. Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect, punishment for cheating by personation and Cheating by dishonestly inducing delivery of property are defined under Section 418, 417 and 418 of Indian Penal Code 1860. Provisions under these sections are:

 

Section 418 of Indian Penal Code. "Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect" Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

 

Section 419 of Indian Penal Code. "Punishment for cheating by personation" Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Section 420 of Indian Penal Code. "Cheating and dishonestly inducing delivery of property" Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine

Regards


Vasantkumar Kulkarni
Surveyor/Loss Assessor

CO ORDINATOR UNIT: KALABURAGI

No. 102, GURU KRUPA

Near Shiva Mandir,

Agriculture Layout,

New Raghavendra Colony

KALABURAGI 585 103

KARNATAKA STATE

9986082527

vasantb...@yahoo.com

[Alok Awasthi]

>> *Violation of Insurance Act 64 UM*

>>
>> Consumer Protection »Posted 14 Aug 2011
>>
>> A vehicle was met an accident and estimated repairing above Rs. 3,00,000/-
>>
>> and it was surveyed by employee of M/S Bajaj Allianz General Insurance Co.
>>
>> Ltd.; without having any licence from IRDA. As per Insurance Act 64UM no
>> any company can conduct survey more than Rs. 20,000/-. Is consumer
>> protection act protect consumer in the law? If any then mention the clause
>>
>> and act.
>>

>> *Section 64UM(2) in The Insurance Act, 1938*

>>
>>
>>
>> (2) No claim in respect of a loss which has occurred in India and
>> requiring to be paid or settled in India equal to or exceeding twenty
>> thousand rupees in value on any policy of insurance, arising or intimated
>>
>> to an insurer at any time after the expiry of a period of one year from
>> the
>> commencement of the Insurance (Amendment) Act, 1968, shall, unless
>> otherwise directed by the 8[Authority], be admitted for payment or settled
>>

>> by *the insurer unless he has obtained a report, on the loss that has

>> occurred, from a person who holds a licence issued under this section to
>> act as a surveyor or loss assessor (hereafter referred to as “approved
>> surveyor or loss assessor”): Provided that nothing in this sub‑section
>> shall be deemed to take away or abridge the right of the insurer to pay or
>>
>> settle any claim at any amount different from the amount assessed by the

>> approved surveyor or loss assessor.*

>>
>> What is Cheating with knowledge that wrongful loss may ensue to person
>> whose interest offender is bound to protect? What is the punishment for
>> cheating by personation? What is Cheating and dishonestly inducing
>> delivery
>> of property? Section 418, 419 and 420 of Indian Penal Code 1860. Cheating
>>
>> with knowledge that wrongful loss may ensue to person whose interest
>> offender is bound to protect, punishment for cheating by personation and
>> Cheating by dishonestly inducing delivery of property are defined under
>> Section 418, 417 and 418 of Indian Penal Code 1860. Provisions under these
>>
>> sections are:
>>

>> *Section 418 of Indian Penal Code. "Cheating with knowledge that wrongful
>>
>> loss may ensue to person whose interest offender is bound to protect"*
>>
>> *Whoever cheats with the knowledge that he is likely thereby to cause

>> wrongful loss to a person whose interest in the transaction to which the
>> cheating relates, he was bound, either by law, or by a legal contract, to
>>
>> protect, shall be punished with imprisonment of either description for a

>> term which may extend to three years, or with fine, or with both*.
>>
>>
>>
>> *Section 419 of Indian Penal Code. "Punishment for cheating by
>> personation"*
>>
>> *Whoever cheats by personation shall be punished with imprisonment of

>> either description for a term which may extend to three years, or with

>> fine, or with both.*
>>
>> *Section 420 of Indian Penal Code. "Cheating and dishonestly inducing

>> delivery of property" Whoever cheats and thereby dishonestly induces the
>> person deceived to deliver any property to any person, or to make, alter
>> or
>> destroy the whole or any part of a valuable security, or anything which is
>>
>> signed or sealed, and which is capable of being converted into a valuable
>>
>> security, shall be punished with imprisonment of either description for a
>>

>> term which may extend to seven years, and shall also be liable to fine*
>>
>> Regards
>>
>>
>> *Vasantkumar Kulkarni*
>> *Surveyor/Loss Assessor*
>>
>>
>>
>> *CO ORDINATOR UNIT: KALABURAGI*
>> *No. 102, GURU KRUPA*
>> *Near Shiva Mandir,*
>> *Agriculture Layout,*
>> *New Raghavendra Colony*
>> *KALABURAGI 585 103*
>> *KARNATAKA STATE*
>>
>> *9986082527*
>>
>> vasantb...@yahoo.com <javascript:>

>>
>>
>>
>>
>> On Thu, Oct 27, 2016 at 8:15 AM, Vasantkumar Surveyor <

>> vasantb...@gmail.com <javascript:>> wrote:
>>
>>> Sir,
>>>
>>> *Violation of Insurance Act 64 UM*

>>>
>>> Consumer Protection »Posted 14 Aug 2011
>>>
>>> A vehicle was met an accident and estimated repairing above Rs.
>>> 3,00,000/- and it was surveyed by employee of M/S Bajaj Allianz General
>>> Insurance Co. Ltd.; without having any licence from IRDA. As per
>>> Insurance
>>> Act 64UM no any company can conduct survey more than Rs. 20,000/-. Is
>>> consumer protection act protect consumer in the law? If any then mention
>>>
>>> the clause and act.
>>>

>>> *Section 64UM(2) in The Insurance Act, 1938*

>>>
>>>
>>>
>>> (2) No claim in respect of a loss which has occurred in India and
>>> requiring to be paid or settled in India equal to or exceeding twenty
>>> thousand rupees in value on any policy of insurance, arising or intimated
>>>
>>> to an insurer at any time after the expiry of a period of one year from
>>> the
>>> commencement of the Insurance (Amendment) Act, 1968, shall, unless
>>> otherwise directed by the 8[Authority], be admitted for payment or
>>> settled

>>> by *the insurer unless he has obtained a report, on the loss that has

>>> occurred, from a person who holds a licence issued under this section to
>>>
>>> act as a surveyor or loss assessor (hereafter referred to as “approved
>>> surveyor or loss assessor”): Provided that nothing in this sub‑section
>>> shall be deemed to take away or abridge the right of the insurer to pay
>>> or
>>> settle any claim at any amount different from the amount assessed by the
>>>

>>> approved surveyor or loss assessor.*

>>>
>>> What is Cheating with knowledge that wrongful loss may ensue to person
>>> whose interest offender is bound to protect? What is the punishment for
>>> cheating by personation? What is Cheating and dishonestly inducing
>>> delivery
>>> of property? Section 418, 419 and 420 of Indian Penal Code 1860. Cheating
>>>
>>> with knowledge that wrongful loss may ensue to person whose interest
>>> offender is bound to protect, punishment for cheating by personation and
>>>
>>> Cheating by dishonestly inducing delivery of property are defined under
>>> Section 418, 417 and 418 of Indian Penal Code 1860. Provisions under
>>> these
>>> sections are:
>>>
>>>
>>>

>>> *Section 418 of Indian Penal Code. "Cheating with knowledge that wrongful
>>>
>>> loss may ensue to person whose interest offender is bound to protect"*
>>>
>>> *Whoever cheats with the knowledge that he is likely thereby to cause

>>> wrongful loss to a person whose interest in the transaction to which the
>>>
>>> cheating relates, he was bound, either by law, or by a legal contract, to
>>>
>>> protect, shall be punished with imprisonment of either description for a
>>>

>>> term which may extend to three years, or with fine, or with both*.
>>>
>>>
>>>
>>>
>>>
>>> *Section 419 of Indian Penal Code. "Punishment for cheating by
>>> personation"*
>>>
>>> *Whoever cheats by personation shall be punished with imprisonment of

>>> either description for a term which may extend to three years, or with

>>> fine, or with both.*
>>>
>>>
>>> *Section 420 of Indian Penal Code. "Cheating and dishonestly inducing

>>> delivery of property" Whoever cheats and thereby dishonestly induces the
>>>
>>> person deceived to deliver any property to any person, or to make, alter
>>> or
>>> destroy the whole or any part of a valuable security, or anything which
>>> is
>>> signed or sealed, and which is capable of being converted into a valuable
>>>
>>> security, shall be punished with imprisonment of either description for a
>>>

>>> term which may extend to seven years, and shall also be liable to fine*
>>>
>>> Regards
>>>
>>>
>>> *Vasantkumar Kulkarni*
>>> *Surveyor/Loss Assessor*
>>>
>>>
>>>
>>> *CO ORDINATOR UNIT: KALABURAGI*
>>> *No. 102, GURU KRUPA*
>>> *Near Shiva Mandir,*
>>> *Agriculture Layout,*
>>> *New Raghavendra Colony*
>>> *KALABURAGI 585 103*
>>> *KARNATAKA STATE*
>>>
>>> *9986082527*
>>>
>>> vasantb...@yahoo.com <javascript:>
>>>
>>>
>>>
>>>
>>
>
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--
Alok Awasthi
SURVEYOR & LOSS ASSESSOR
Resi : Kanti Kunj K-539 Yashoda Nagar, Kanpur- 208011
Off - 517, Plaza Kalpna Birhana Road, Kanpur- 208001
09415076049

[Naishadh Desai]

Mr. Anoop kumar, 

please elaborate this with support

you wrote 

 "For claims falling under no survey limits, it does not matter who conducts the survey, or takes photographs.  It can be anyone, including the insured himself or the body shop manager or even the roadside mechanic or the employees of insurance companies"

The above statement appears full of contradictions (please refer red marked words)

please don't spread myth....We need comment with support of law. (as per my bit knowledge and belief as per 86 of act 2015 " in India no one can act as surveyor... unless....")

i here by request you to please define "act as a surveyor", "no survey" and "the survey, or takes photographs"

Regards

Naishadh J Desai

surveyor

surat

[S. Anoop Kumar]

Mr. Naishad Desai,

My message is crystal clear and written in simple English. No confusion and no ambiguity. No need to elaborate. It's a matter of understanding.

Regards,
S. Anoop Kumar.

[Naishadh Desai]

Mr. Anoop Kumar,

i here by once again request you to please define "act as a surveyor", "no survey" and "the survey, or takes photographs"

Regards

Naishadh J Desai

surveyor

surat

[Naishadh Desai]

Mr. Anoop Kumar,

i know you will not come up with true definition of below, cause you are only interested in spreading half cooked negative stories.

but its my duty to ask you until you come up with true definition

Reminder 03

please define "act as a surveyor", "no survey" and "the survey, or takes photographs"

Regards

Naishadh J Desai

surveyor

surat

[Ashok Kumar Singh.]

Respected sir,

As per my knowledge, all are right as Mr. Anoop ji but  I want to add one thing more,-

1. Surveyor with valid licence have to carry out the all survey job by himself, weather it is above the limits or under the limits. Surveyors have to follow the code of conduct & code of ethics always.

Means:- In motor od claims for below Rs.50,000.00 amount claims, Surveyor can not send his assistant to conduct the survey job on behalf of himself.    

With regards,

Ashok Kumar Singh.

Surveyor & Loss Assessor.

Greater Noida, U.P..

201308.

13.11.2016.

[Ashok Kumar Singh.]

Respected sir,

I want to share some points as under,-

Insurance Survey:-

To investigate, manage, quantify, validate and deal with losses (whether insured or not) arising from any contingency, and report thereon to the insurer or insured, as the case may be., All Licensed Surveyors and Loss Assessors shall carry out the said work with competence, objectivity and professional integrity and strictly adhere to the code of conduct as stipulated in these
Regulations.

(There is no line for photographs)

12. Appointment of Surveyors and Loss Assessors

(1) No person or a firm or a company shall act as a Surveyor and Loss Assessor without being licensed

under Regulation 3 or Regulation 4, as the case may be.

(2) Surveyors and Loss Assessors shall be appointed either by insurers or insured to assess loss under a

policy of insurance in respect of

(a) Motor insurance – above Rupees fifty thousand

(b) Other than motor insurance – above Rupees one lakh

(3) The above mentioned limit shall be reviewed every three years by the Authority.

(4) Such appointment of 

a surveyor for assessment of loss shall be made within 72 hours from the time the

occurrence of loss was known to the insurer or insured, as the case may be. Notice of such appointment

shall be sent in writing to the insurer or insured as the case may be and shall form part of the claims

settlement process.

(5) A Surveyor and Loss Assessor shall assess losses of only those departments specified in his/her or its

license.

Duties & Responsibilities of Surveyor as per Surveyor Regulations 2015,-

CHAPTER IV
DUTIES AND RESPONSIBILITIES OF A SURVEYOR AND LOSS ASSESSOR

13. It shall be the duty of every Licensed Surveyor and Loss Assessor to investigate, manage, quantify, validate and
deal with losses (whether insured or not) arising from any contingency, and report thereon to the insurer or
insured, as the case may be., All Licensed Surveyors and Loss Assessors shall carry out the said work with
competence, objectivity and professional integrity and strictly adhere to the code of conduct as stipulated in these
Regulations.


(1) The following, shall, inter alia, be the duties and responsibilities of a Surveyor and Loss Assessor:-

(a) declaring whether he has any interest in the subject-matter in question or whether it pertains to any of his
relatives, business partners or through material shareholding;
Explanation: For the purpose of this clause ‘relatives’ shall mean any of the relatives as defined in Subsection
(77) of Section 2 of the Companies Act, 2013;

(b) Bringing to the notice of the Authority, any change in the information or particulars furnished at the time
of issuance of license, within a period not exceeding fifteen days from the date of occurrence of such
change, that has a bearing on the license granted by the Authority

(c) maintaining confidentiality and neutrality without jeopardising the liability of the insurer and claim of the
insured;

(d) conducting inspection and re-inspection of the property in question suffering a loss;

(e) examining, inquiring, investigating, verifying and checking upon the causes and the circumstances of the
loss in question including extent of loss, nature of ownership and insurable interest;

(f) conducting spot and final surveys, as and when necessary and comment upon franchise, excess/under
insurance and any other related matter;

(g) estimating, measuring and determining the quantum and description of the subject under loss;

(h) advising the insurer and the insured about loss minimisation, loss control, security and safety measures,
wherever appropriate, to avoid further losses;

(i) commenting on the admissibility of the loss as also observance of warranty conditions under the policy
contract;

(j) surveying and assessing the loss on behalf of insurer or insured;

(k) assessing liability under the contract of insurance;

(l) pointing out discrepancy, if any, in the policy wordings;

(m) satisfying queries of the insured/insurer and of persons connected thereto in respect of the claim/loss;

(n) recommending applicability of depreciation, percentage and quantum of depreciation;
(o) giving reasons for repudiation of claim, in case the claim is not covered by policy terms and conditions;
(p) taking expert opinion, wherever required;
(q) commenting on salvage and its disposal wherever necessary.

(2) A surveyor or loss assessor whether appointed by insurer or insured, shall submit his report to the insurer as
expeditiously as possible, but not later than 30 days of his appointment, with a copy of the report to the insured
giving his comments on the insured’s consent or otherwise on the assessment of loss. Where, in special
circumstances of the case, either due to its special and complicated nature, the surveyor shall under intimation to
the insured, seek an extension, in any case not exceeding six months from the insurer for submission of his report.

(3) In cases where the Survey report is pending due to non completion of documents, the surveyor may issue the final
survey report independently based on the available documents on record, giving minimum three reminders in
writing to the insured.

(4) If an insurer, on the receipt of a survey report, finds that it is incomplete in any respect, he shall require the
surveyor under intimation to the insured, to furnish an additional report on such incomplete issues. Such a request
may be made by the insurer within 15 days of the receipt of the original survey report.
Provided that the facility of calling for an additional report by the insurer shall not be resorted to more than once
in the case of a claim.

(5) The surveyor on receipt of this communication shall furnish an additional report within three weeks of the date of
receipt of communication from the insurer.



CHAPTER VI
CODE OF CONDUCT

16. Every Surveyor and Loss Assessor shall-

(1) behave ethically and with integrity in the professional pursuits. Integrity implies not merely honesty but
fair dealings and truthfulness;

(2) strive for objectivity in professional and business judgment;

(3) act impartially, when acting on instructions from an insurer in relation to a policy holder’s claim under a
policy issued by that insurer;

(4) conduct himself with courtesy and consideration to all people with whom he comes into contact during
the course of his work;

(5) not accept or perform survey works in areas for which he does not hold a license;

(6) not accept or perform work which he is not competent to undertake, unless he obtains some advice and
assistance, as will enable him to carry out the work competently;

(7) carry out his professional work with due diligence, care skill and with proper regard to technical and
professional standards expected of him;

(8) keep himself updated with all developments relevant to his professional practice;

(9) at all times maintain proper record for the work done by him and comply with all relevant laws;

(10) assist and encourage his colleagues to obtain professional qualifications, and, in this behalf, provide free
article ship and/or practical training for a period of twelve months;

(11) work only as Surveyor and Loss Assessor in insurance business and not undertake any business advisory
or consultancy service or work which could give rise to conflict of interest;

(12) not perform any outsourced activity other than those permitted by the Authority’s Outsourcing
Guidelines.

(13) maintain a register of survey work as specified in FORM-IRDAI-11, containing the relevant information,
such as, details of insured, insurer, policy number, date of allocation of survey work, date of submission
of survey report, amount of claims assessed, such fee details and shall keep important records of the
survey reports, photographs and other important documents for a period of three years and furnish the
same and such other specified returns, as and when called for by the Authority or by any investigating
authority or the insurer. However, in case of litigation involving above information/ records/ documents/
photographs etc, the same shall be maintained till the conclusion of the litigation.

(14) acknowledge receipt of all monies received in connection with fee or remuneration received for carrying
out survey work.

(15) disclose to all parties concerned his appointment, where the acceptance or continuance of such an
engagement may materially prejudice, or could be seen to materially affect the interests of any interested
party. As soon as a conflict of interest is foreseen, every Surveyor and Loss Assessor shall notify all
interested parties immediately and seek instructions for his continuance;

(16) not disclose any information, pertaining to a client or employer or policy holder acquired in the course of
his professional work, to any third party, except, where consent has been obtained from the interested
party, or where there is a legal right or duty enjoined upon him to disclose;

(17) neither use nor appear to use, any confidential information acquired or received by him in the course of
his professional work, to his personal advantage or for the advantage of a third party.

(18) shall undertake survey jobs in a company /firm only as an employee/ director/ partner.

(19) Every Surveyor and Loss Assessor who is an employee of an insurer shall only survey and assess the loss
and not involve himself/ herself in settlement of claim.

(20) Comply with the provisions of AOA, regulations, and Code of Ethics framed by the Institute from time to
time.

(21) Comply with all the provisions of the Act, the IRDA Act, the Rules and Regulations made there under and
other orders, directions and guidelines issued by the Authority from time to time.
     




With regards,

Ashok Kumar Singh.

Surveyor & Loss Assessor.

Greater Noida, U.P..

201308.

13.11.2016.