Re: Qualification for surveyor

[SUSHANTA KUMAR ROY]

From-S.K.Roy

  Dear Mr. Surendrakumar,

                                           Sec-114A of  IRDA Act 1999 stipulates that regulation need to be placed before house of Parliament for approval. Please comment on this section.

With best regards,

S.K.Roy

Kolkata

M-09830358774

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From: 'Surendrakumar nalluri' via Insurance Surveyors India <insurance-su...@googlegroups.com>
To: "insurance-su...@googlegroups.com" <insurance-su...@googlegroups.com>
Sent: Sunday, August 2, 2015 7:31 PM
Subject: Re: Qualification for surveyor

Dear Mr Bissa & All council members

The apprehensions raised by you with regards to the Insurance Laws (Amendment) Act, 2015 when IRDA will notify such amendments is very true. It appears that most of the members are not aware of the repercussions that are likely to hit the SLAs. 

The clause ‘64UM- sub section (3)states that:-

"Notwithstanding anything contained in the foregoing provisions, a class or class of persons acting as a licensed surveyor or loss assessor prior to the commencement of the Insurance Laws (Amendment) Act, 2015 shall continue to act as such for such period as may be specified by the regulations made under this Act:
Provided that the surveyor or loss assessor shall, within the period as may be notified by the Authority, satisfy the requirements of clause (a) and clause (b) of sub- section (1), failing which, the surveyor or loss assessor shall be automatically disqualified to act as a surveyor or loss assessor."

This particular provision of the act if notified then the existing surveyors will have no option rather than acquiring the said qualifications  within the time frame of 03 years[transitory period]. This particular ammendment will hit the existing Diploma holders the hardest and they would be rendered jobless without the SLA licence.

 

 I would like to highlight some legal provisions & fundamental rights we have as citizens of India,

Article 19(1) of the constitution guarantees to the citizen of India six freedoms. Out of which,freedom of practicing any profession and carrying out any business is one such fundamental right.There is a rider to this, the right is not absolute but subject to regulation, however again there is  a limitation to the power of legislature ( in our case IRDA) to restrict the freedom,[article 19(2) to 19(6)]

Now considering the fact that IRDA within the powers it has derived from the Insurance Act to restrict this fundamental right enacts the amendment, then article 19(2) to 19(6) will come into picture . Which state that legislature cannot restrict these freedom beyond the requirements of article 19(2) to 19(6).

Now if we see the requirement then it is stated that ."Each restriction must be reasonable" and the limitation imposed on freedom should not be arbitrary or excessive , or beyond what is required in a situation in the interest of public" and also further it may be noted that the burden to show that the restriction is reasonable lies on the State ( Here, state means -IRDA)  

Mr Bissa it is  observed that the limitation imposed on freedom should not be arbitrary or excessive. . Whereas IRDA is doing precisely the same. So what is the remedy? Will the affected surveyors go to engineering colleges at the age 40 plus and obtain the degrees to satisfy IRDA?Certainly not . So the only remedy left for the victims of this regulation is legal recourse by challenging the provision of the act itself in the court of law. IRDA should have made this regulation applicable for the new entrants to this profession & not retrospectively.This is purely non application of mind.

So the members will have to gear up for the legal battle to fight out this gross injustice. IIISLA should collectively file writ against this regulation for the sake of the livelihood of  thousands of its members instead of leaving them alone to fight. Pass a resolution in the forthcoming AGM condemning such a move to prove that you are really working for the surveyors welfare & protecting them against the injustice meted out by either the IRDA / Insurers.  Do not just be mute spectators as in earlier case when categorization was done in 2000 & we all are still suffering because our elected representatives were playing -"Fiddle When Rome Was Burning" - Don't play Nero again! 

S B Nalluri.

FIIISLA.

On Sunday, August 2, 2015 2:58 PM, Ramesh Bissa <rames...@gmail.com> wrote:

Dear sir ,
These conditions are applicable for "ALL EXISTING SURVEYORS " either prior to 1999 or 2015 .

Please Read content clause 82 of Insurance law 2015. And Analysis it in respect of conditions .

‘64UM. (1) Save as otherwise provided in this section, no person shall act as a surveyor or loss assessor in respect of general insurance business after the expiry of a period of one year from the commencement of the Insurance Laws (Amendment) Act, 2015, unless he—
(a) possesses such academic qualifications as may be specified by the regulations made under this Act; and
(b) is a member of a professional body of surveyors and loss assessors, namely, the Indian Institute of Insurance Surveyors and Loss Assessors:
Provided that in the case of a firm or company, all the partners or directors or other persons, who may be called upon to make a survey or assess a loss reported, as the case may be, shall fulfil the requirements of clauses (a) and (b).
(2) Every surveyor and loss assessor shall comply with the code of conduct in respect of his duties, responsibilities and other professional requirements, as may be specified by the regulations made under the Act.
(3) Notwithstanding anything contained in the foregoing provisions, a class or class of persons acting as a licensed surveyor or loss assessor prior to the commencement of the Insurance Laws (Amendment) Act, 2015 shall continue to act as such for such period as may be specified by the regulations made under this Act:
Provided that the surveyor or loss assessor shall, within the period as may be notified by the Authority, satisfy the requirements of clause (a) and clause (b) of sub- section (1), failing which, the surveyor or loss assessor shall be automatically disqualified to act as a surveyor or loss assessor.

Thanks

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Note:
 
This is purely a private group of Insurance Surveyors in India strictly for their own internal circulation & consumption. The messages posted and opinions expressed on the forum are that of the individual members. The group owner/moderators are in no way responsible for any opinions expressed and/or offending messages that are posted on the message board.
 
No message posted on this message board shall be used against the member who posted the information and/or against the moderators as evidence in any court of law.
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[SUSHANTA KUMAR ROY]

From-S.K.Roy

To-Mr.Surendrakumar Nalluri

             Dear Surendrakumar Nalluri Saab,

                            Thank you for your reply. If it is so then the Surveyors' Regulation 2013 is invalid because it was not placed before House of Parliament.This Regulation 2013 is forcing the surveyors to go to different states to complete 25/50 training hours/ number of seminars(8/16) at huge cost on traveling, boarding/lodging apart from sacrificing the jobs.

             Please confirm whether the Surveyors' Regulation 2013 can be considered as null & void because Section 114A IRDA Act 1999 was in force in the year 2013 &  whether this  Surveyors' Regulation 2013 can be challenged. Please give me your mobile number/email id by sending SMS 

With best regards,

S.K.Roy

Kolkata

M-09830358774

From: 'Surendrakumar nalluri' via Insurance Surveyors India <insurance-su...@googlegroups.com>
To: "insurance-su...@googlegroups.com" <insurance-su...@googlegroups.com>
Sent: Sunday, August 2, 2015 10:26 PM
Subject: Re: Qualification for surveyor

Dear S K Roy  Sir,

You are right that Sec-114A of  IRDA Act 1999 stipulates that regulation need to be placed before house of Parliament for approval. However pl go through

 

THE INSURANCE LAWS (AMENDMENT) ACT, 2015 NO. 5 OF 2015 [20th March, 2015.] which supercedes all previous acts  as far as the amendments are concerned.  As per the provisions of this ammemded ACT, IRDA derives authority to make regulations. This need not be placed before house of Parliament for approval.

I am enclosing the PDF copy of the THE INSURANCE LAWS (AMENDMENT) ACT, 2015 NO. 5 OF 2015 for the benefit of the members.

With best regards,

S B Nalluri