Hon’ble Minister of Finance, Dated: 19.06.2014
Union of India, New Delhi. WITHOUT PREJUDICE
KIND ATTENTION: Mr. ARUN JAITELY
Hon’ble sir,
SUBJECT: I.R.D.A. OFFICIALS LOOTMAR* IIISLA, Govt. of India, A CURSE ON SELF - EMPLOYMENT LEGISLATION „THE INSURANCE Act 1938“.
With deep pains and regret we are pained to pen down words & sentences on the working of IRDA, a duly costituted arm of Ministry of Finance, a regulatory body by STATUTE but in fact a self styled LOOTMAR* association of some organised personnel, within & outside, engaged in ulterior motive violation of „Insurance Act 1938“ and its baby Act the ‚IRDA Act 1999‘.
In 1984 the Malhotra Committe on Insurance Reforms had projected the Indian General Insurance Industry to the tune of Rs.1,00,000/= crore gross premium within a period of five years, but the General Insurance even after three decades is struggling at nearly to 60-65% of that envisaged. The wisdom of parlimentarians to evolve a regulator instead of then powerless & dead Controller of Insurance has done nothing but added LOOTMAR* in this Industry. Who is the sufferer the Premium Paying Policy Holder on whose money every game is played and the decision to shift the Registered office of IRDA (Unlawful Head Office) to Hyderabad was the gameplan to avoid attention of all Ministries towards this LOOTMAR*, as the then State Govt. with Capital as Hyderabad had assisted them in their gameplan.
Hon’ble Modiji’s NDA Govt. has promised „aache din aa gaye“ gives us courage to seek end of LOOTMAR* to LAWFUL GOVERANCE by IRDA & IIISLA, Govt. of India,
HENCE THIS PETITION:
GORUNDS:
01. INDIAN INSTITUTE OF INSURANCE SURVEYORS & LOSS ASSESSORS (IIISLA) is brainchild of some disgruntled vested Surveyors & Loss Assessors (SLA’S) who after exhausting the funds of earstwile Institute of Insurance Surveyors & Loss Adjusters (IISLA), Mumbai, and no funds coming forth, in collusion with some of the Officials of IRDA including then Chairman, Mr. R. Rangachari, formed IIISLA(Govt. of India) by prefixing INDIAN and changing Adjusters to Assessors, without desolving IISLA, Mumbai. Without prejudice it is worth to mention here that after retirement of first Chairman of IRDA, he allegedly had purchased a farm house in Hyderabad where he lived.....?
02. Formation of IIISLA, Govt. of India, as per IRDA notice dated 26.11.2005 with EXPIRY within 60 days i.e. no membership after 25.01.2006, grants membership with CUT OFF DATE for SLA’s as 20/11/2000 with ONE TIME ENTRY FEE of Rs.10,000/- and Charter Status after THREE years „ From Three Years of its Establishment, the Institute would be considered for conferment of a chartered status“, AOA & MOA on the pattern of INSTITUTES of COMPANY SECRETARIES or CHARTERED ACCOUNTANTS. ANNEXURE D-1 is the copy of notice dated 26.11.2005.
03. The malafide intention of LOOTMAR* has been carved out by the visits, of FOUNDER/ INCORPORATION MEMBERS of IRDA Sr. Executives to places in Cities of India, as per schedule vide notice dated.05.12.2005, worth mentioning here that all the expenses for their visits were borne by individual SLA’s by contributing Rs.250/- per SLA including u/s. RTIA-05 reply by IRDA will stand corroborative evidence. ANNEXURE D-2 is the copy of scheduled meetings notice dated 05.12.2005.
04. The funds (Rs.10,000.00 x 4257 SLA’s = Rs. 4,25,70,000) thus collected from SLA’s vanished within months after the EXPIRY of membership deadline i.e. by June-2006 there were no funds in IIISLA, Govt. of India, by way of LOOTMAR*.
05. The MOA & AOA with membership fees etc. As per IRDA notice dt.26.11.2005 should have been in line with the declared ICS or ICAI but the MOA & AOA of IISLA, Mumbai was used to form an UNION of SLA’s instead of PROMOTIONAL EDUCATIONAL & PROFESSIONAL DEVELOPMENT INSTITUTION of SLA’s.
06. NO Charter Status was given by the FOUNDER/INCORPORATION MEMBERS of IRDA to IIISLA, Govt. of India after THREE YEARS from its formation as per declared notice dated 26.11.2005 of IRDA.
07. As per the records of Registrar, the FOUNDER MEMBERS of IIISLA are the LAWFUL BODY of IIISLA, Govt. of India, as NO CHANGE has ever been registered with them by these FOUNDER MEMBERS, RTIA-05.
08. The IIISLA, Govt. of India, has and is being used as a UNION of SLA’s for the LOOTMAR* of TAX PAID hardearned money of SLA’s.
08.1. Around Rs.37,00,00,000/- ( thirty seven crores) have been received by IRDA in countrywide bank accounts of IIISLA, Govt. of India, from 2005 to 2014 without any accounts and accountability, worth to mention here that all this has been LOOTED* by the organisors of the LOOTMAR* including some SLA’s.
08.2. When sufficient funds were not coming prior to 2012, IRDA Sr. Executives with some of organisors of LOOTMAR* including some SLA’s constituted a coveted intentional cospiracy with PMO and JS & US in MOF, Deptt. of Insurance..by way of sharing LOOTMAR* money with them in exchange of a, UNLAWFUL without authority to issue such letters, letter no. G-14011/11/2012-Ins-II dated 10.12.2012, instructing four (04) PSU’s of General Insurance Co’s out of TWENTY SEVEN (27) registered General INSURERS with IRDA, thereby using coercive, intimidating ways of EXTORTION methods to collect funds ranging from Rs.16,500/- to 18,000/- per SLA including ILLEGAL CORPORATE LICENCE HOLDERS, in Individual IIISLA Bank Accounts country wide collecting nearly Rs.12,00,00,000/- (rupees twelve crore ). RTIA-05 & Emails of SLA’s during the periods from December-2012 till date will be corroborative evidence. This money has also vanished.
08.3. In 2014 some departed groups of these organisors of LOOTMAR* started another modus operandi of collecting funds by way of organising Elections to IIISLA, Govt. of India ( the matter is subjudice with hon’ble HIGH COURT of Delhi titled DILEEP WANGOO & ORS. vs INSURANCE AUTHORITY). Since IRDA officials were at loggerheads with these organisors of LOOTMAR* having diferences in sharing the money, IRDA proved its AUTHORITY by issuing warning letter dated 03.02.2014. ANNEXURE D-3 is the copy of warning letter. Some members of IIISLA refuted with misbehaved self-exlanatory letter dated 17.02.2014 even challenged the AUTHORITY. ANNEXURE D-4 is the IIISLA reply letter. On 1st March, 2014 an unlawful AGM/EGM was called by some 400 odd Members of IIISLA, Govt. of India which was officially attended by one of the Sr. Executives of IRDA as watchdog, in which it was unanimously resolved that IRDA has NO ROLE to PLAY with IIISLA, Govt. of India. IRDA has been a silent spectator and proved that they have no interest in IIISLA, Govt. of India as there lies NO MONEY IN IT.
08.4. That some individual SLA’s and Company SLA’s with membership of IIISLA, Govt. of India hatched another conspiracy by way of AMENDMENT to Ins. Act 1938 to carve out a licence from amagamation of TWO or MORE Individual SLA & or Company SLA holders as per Ins. Act 1938 and this Licence has been named as CORPORATE LICENCE in IRDA regulations. The SLA, both Individual as well as Company, in Ins. Act 1938 has a scheduled FEE of Rs.250/- per SLA, but the ILLEGAL CORPORATE LICENCE fetches a FEE ranging from Rs.15,000/- to Rs.25,000/-.
08.5. There lies no powers even in the preparations of regulations that can be termed as amendenment of Ins. Act 1938, hence we wehmentally declare the CORPORATE LICENCE under IRDA regulations a balatant violation of Ins. Act 1938, misuse of officials powers by IRDA officials towards malafide, thus must be withdrawn immediately by IRDA and revert back to the TWO LAWFUL individual and Company SLA’s as per Ins. Act 1938.
09. That in March 2013 a Gazattee notification has come up from IRDA from the website of IIISLA, Govt. of India. The same is not availabe either on IRDA website or MoF website. The mystry remains there to be looked into...?
10. There are many other issues which shall be taken up appropriately.
Keeping in view the above it is most respectively prayed:
A). That the IIISLA, Govt. of India be desolved with immediate effect as per law of the land, accountibility of funds thus collected be accounted for and deposited in a seperate account for transfer into the SURVEYORS & LOSS ASSESSORS INSTITUTION formed by Act of Parliament also steps taken to formation of SURVEYORS & LOSS ASSESSORS INSTITUTION in tune with MOA, AOA etc. of ICS or ICAI then calling for membership as per the statute of Ins. Act. 1938....viz-a-viz.....save as and not withstanding....ALL THE VALID SLA’s are to perform the profession of SURVEYORS & LOSS ASSESSORS by being MEMBERS of this INSTITUTION from the date of the gazettee notification.........
B). That the CORPORATE LICENCE under IRDA regulations be immediately withdrawn by IRDA and honour Legislation under Ins. Act 1938 by issuing SLA’s as per STATUTE i.e. Ins. Act 1938.
C). That the JS & US Ministry of Finance, Insurance be directed to immediately withdraw the letter no. G-14011/11/2012-Ins-II dated 10.12.2012.
With kind regards,
For & on behalf of SURVEYORS WELFARE ASSOCIATION (Regd.)
Er. DDILEEP WANGOO SUDHIR KATARIA
Gen. Sec. President
*LOOTMAR is used to draw immediate attention of all authorities including MoF, PMO, MoHA, MoL, etc.
ANNEXURE......D-1
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ANNEXURE.......D-2
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Notice |
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Schedule of Meetings for information about Membership of newly setup Surveyor's Institute(IIISLA) |
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All Copy Rights Reserved. 2013 IRDA |
NOTE: OTHER ANNEXURES ARE ATTACHED IN PDF attachments etc.
The following current email is corroborative evidence of COLLUSION of some SLA’s with IRDA Sr. Executives to receive funds for LOOTMAR*.
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Jun 22 (2 days ago)
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On Saturday, June 21, 2014 12:08:02 AM UTC+5:30, CK wrote:
Dear All
Further to what is stated by Mr. Pandiyan, I would like to apprise the surveyors that we made an effort on the same day at about 5 PM for meeting Mr. Ram Prasad, but he was occupied as informed by Mr. Randip Singh.
Incidentally I overstayed the next day i.e. 17th, when my two calls to Mr. Ramprasad office were responded by his secretary that he was in meeting with chairman.
However I had a long meeting with Mr A Krishnan in IIISLA office when we discussed various issues in details. I am sharing the discussions in brief and wish the members may read these carefully and act suitably.
1. The members whose names appear in the list released on IIISLA website for pending dues for year 13-14 or before should carefully see that they have paid the dues in past and if yes the same may be intimated with evidence to IIISLA, so that adjustment is carried and members do not have to pay the dues again with penalty of Rs. 1000.00. THE FACT IS THAT THERE IS LARGE NUMBER OF SUBSCRIPTION WHICH ARE RECEIVED BUT THEY ARE NOT ACCOUNTED FOR DURING THE YEAR 13-14.
I want to apprise the members that this is in addition to 14.5 lacs earlier unaccounted and transferred from Suspence account to corpus Fund. But large amount of subscription again not accounted during 13-14 is serious lapse on the part of council headed by Mr Sunil Vora. I think Mr Sunil Vora should be held directly responsible as this was he who was incharge for accounting also. I would request Mr. Vora to clear his version of the status.
2. I also saw the minutes book and to my great surprise there are no minutes written in book after 14th May 2012 of a council meet at Chennai which is signed by only Mr Elango as president and not by secretary. What is the reason Mr Elango or Mr Ashok Kumar should reveal. Interestingly there are council meets during Mr Elango's tenure after 14th May, 12 and no minutes are recorded. But no minutes of meeting are recorded for any meeting during the tenure of Mr Sunil Vora as president. I REALLY FEEL SURPRISED THAT THE WAY MR. SUNIL VORA PROJECTED OF BRINGING THE IIISLA ON SOUND FOOTING PROVES TO GROSSLY MISLEADING IF NO MINUTES OF THE MEETING ARE RECORDED IN MINUTE BOOK. THIS LAPSE IS VIOLATION OF COMPANY ACT TO WHICH MR VORA AND HIS COUNCIL IS DIRECTLY RESPONSIBLE. WE THE MEMBERS HAVE SUFFERED IN PAST ONCE ON NAGPUR MEET WHERE THE MINUTES WERE MANIPULATED AND AGAIN POONA MEET WHERE THE COUNCIL NEVER HAD HELD ANY MEETING. I WISH MR. SUNIL VORA CLARIFIES THE LAPSE AND REASON OF NOT RECORDING THE MINUTES IN MINUTE BOOK.
3. Surprisingly even the present council of three nominated members have not held any council meeting since taking over the charge. To my great surprise, Mr N Srinivas Rao, GOI nominated council member is not even involved in decision making and Mr A Krishnan's appointment is made by whom is not known if the council has not even met after 1st March 2014
4. Mr. Krishnan informed that his main assignment is to get through the elections and also handle the legal cases before the court. The fact is that he was not even aware of how many cases against IIISLA and I did not find him to be aware of the legal issues. This seems that since IRDA officials do not have time so they have appointed their proxy at our cost. otherwise he has no specific work to do. Most of the work is carried by Mr Srinvasan.
5. I apprised Mr. Krishnan of serious violation of law in IIISLA functioning and one of the important is defective membership register (infact no register as prescribed in AOA), against which I had filed a case before the Hyderabad High Court. I suggested the way membership issues and subscriptions should be handled. I suggested Mr Krishnan that there is no issue with us to sit across the table with the authority and discuss various issues. We are willing to co operate IRDA for their objectives if they reveal the real motives on their actions, but surveyors desire that their grievances should also be addressed simultaneously. This is unfortunate that IRDA officers have not given any attention to the problems of surveyors, which have forced them to take up the issues before various courts. Such situation has only flared distrust in each other. IRDA should prefer to discuss rather than dictate.
6. I had apprised Mr Krishnan that since he regularly discuss IIISLA issues with Mr Ramprasad, he may communicate our suggestions and feelings and if Mr. Ramprsad desires, we shall be too pleased to sit across the table to discuss the issues. Our main issue is "IRDA wrongly legitimising in house survey beyond 20000.00 in violation of section 64 UM. and further on department limits and categorisation.
I WANT TO EXPRESS MY PERSONAL VIEW THAT I AM NOT VERY OPTIMISTIC ON IRDA'S ATTITUDE TOWARDS SURVEYORS AND SURVEYOR'S MUST THINK NOW THAT SHOULD THEY PREPARE FOR BIGGER FRONT OR THEY SHOULD SILENTLY SHY AWAY. SURVEYORS WHO PREFER TO REMAIN SILENT ONLY CONFUSES. DISCUSSIONS INTERACTION MEETS AND CONFERENCE MAY BRING SOME CONCLUSIONS, BUT WITHOUT DELIBERATIONS WE ARE HEADING FOR ELIMINATION.
LAST FOR INFORMATION OF MEMBERS BALLOTS OF LAST ZONE AND CHAPTER ELECTIONS ARE LYING IN BOXES WHICH ARE KEPT IN MR. SHARAD SINHA'S OFFICE. MR. SHARAD WANTS THEY MAY BE REMOVED FROM THERE TO IIISLA OFFICE.
Thanks and regards.
C K BHATIA
On Tue, Jun 17, 2014 at 6:09 PM, P.PANDIYAN <pandi...@gmail.com> wrote:
P.Pandiyan,
SIMAX SURVEYORS
18-Arthi Chambers
189-Anna Salai
Chennai 600 006
Phone Office - 044-2852 7766 - 98412-67064
Mobile 98410-32566
Date 17.06.2014
Dear Colleagues,
This letter comes from as one of the party who is trying to organize the EGM of the IIISLA and trying to raise our voice to solve the issues faced by the IIISLA and our members.
I know that I am not equal in presenting the details as like Mr Anoop Kumar, S or Chand K Bhatia. Both are masters in that. Ofcourse, both of them were with us and they will also be giving the status in their style. Please bear with me for my style of presenting.
In continuation to the EGM proposed by myself and others – (I specifically do not want to mention names of the individuals because I may be missing few names which should not concern the individuals)
As decided we have met at Hyderabad on 14.06.2014 at Mr. Surendra Babu Rao’s office.
The members present in the meeting are
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S.No |
Name |
Place |
State |
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1 |
J.Surendra Babu Rao |
Hyderabad |
Telangana |
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2 |
Daljit Singh |
Hyderabad |
Telangana |
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3 |
N.Sai Prasad |
Hyderabad |
Telangana |
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4 |
S.Anoop Kumar |
Hyderabad |
Telangana |
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5 |
D.C.S Raju |
Hyderabad |
Telangana |
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6 |
P.V. Krishna Reddy |
Hyderabad |
Telangana |
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7 |
Theertha |
Hyderabad |
Telangana |
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8 |
Chanda K Bhatia |
Faridabad |
Hariyana |
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9 |
Love Patel |
Satna |
Madhya Pradesh |
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10 |
K.Razendhirane |
Pondy |
Pondy |
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11 |
K.Pavazhamani |
Chennai |
Tamilnadu |
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12 |
P.Pandiyan |
Chennai |
Tamilnadu |
The meeting started by 11.00 AM and went up to 05.15 PM. The requisition which was prepared by us and the signatures received from various corners of the country were taken by me. The total no of signatories in the requisition is 126. We made 4 copies of the requisition.
To coordinate the issue, we all felt that Mr. J.Surendra Babu Rao was the right person and he has to lead us in this. He has also agreed to our request.
We have decided to meet at Administrative Office of the IIISLA next day morning by 10.30 AM and submit the original requisition and get the acknowledgement and after that a delegation will go to IRDA’s office to meet Mr. Ramprasad and Mrs. Sudha Ramanujam who are the Nominated Directors of the IIISLA inorder to emphasis the situation and hand over the requisitions. We sought the appointment of Mr. A.Krishnan who is the in-charge for the IIISLA as of now – (He was appointed by the nominated directors to look after the issues of the IIISLA) and Mr. Ramprasad who is in IRDA.
Mr A.Krishnan has sent a communication that he was not available in city on Monday and will be back to city and office only on 17.06.2014.
Mr. Ramprasad has sent a message to meet Mr. Randip Singh, since he is having meeting.
We request those members, who are concurring with our views may still send the requisition to IIISLA or send to Mr. S.Surendra Babu Rao even now. He will in-turn hand over the same to IRDA. Only 100 members are enough to request for EGM, now itself the request has come from 126 members. But in my opinion if more number of persons submit the request and demand for EGM there will be pressure to the IIISLA’s present council. Hence I request you to send the requisition signed by you to Mr, J.Surendra Babu Rao at his address which is given below or send to me and I will take the responsibility to make it to reach to IIIISLA.
Activity of 16.06.2014
We have assembled at IIISLA Headquarters and few seniors like Mr D.N.Reddy also came to IIISLA and we all handed over the requisitions with all originals to the Administrative Officer of IIISLA Mr. Srinivasan (Since Mr. A.Krishnan was not available) and he has received the document – requisition and gave an acknowledgement.
Here I need to mention the attitude of Mr. Srinivasan. He is very polite. Whatever the doubts about the enrolment of new members, promotion of category, subscription and the penalty or readmission fees he has polity answered to all our queries.
We understand from IIISLA that the subscription which was sent or deposited in the IIISLA – HQ account, for few payments details are not available and accounts to be adjusted still. IIISLA have given a notice to all the members in their website that whoever’s subscription are not reflecting correctly and after paid their dues, they may approach the IIISLA immediately along with evidence to get the issue sorted out.
The due for the year 2014-2015 need to be paid immediately by all the members not only to become valid voters and also become members of the good standing. Please go through the AoA of the IIISLA for the cut of date. Because there was a slight confusion that last date for the payment of subscription is 30.04 of the current year or 31.03. of the previous year itself. If anybody is having the said details please flash it in the group mail. Whatever the situation may be, before the election date is announced everyone should have paid their subscription dues to become a valid voter.
Regarding promotion of membership, IIISLA have not stopped their activity and they got direction from the higher ups that if the members fulfils the requirement and submits the required documents, IIISLA is continuing to promote the members.
After that we all had been to IRDA – (at UIIC Building ) and the delegation consisting of 1. J.Surendra Babu Rao, 2. N, Sai Prasad, 3. Love Patel, 4. Chand K Bhatia and 5. P.Pandiyan met Sri Randip Singh. He was kind enough to listen our views and accepted the Requisition on behalf of Mr. Ramprasad. We have insisted him that there were no elected members in the central council and hence elections to be conducted at the earliest and for the issuance of modified license.
We had been to IRDA main office and the delegation consisting of 1. J.Surendra Babu Rao, 2. Love Patel, 3. Chand K Bhatia, 4. K.Razendhirane, 5. K.Pavazhamani and 6. P.Pandiyan met the nominated director Mrs Sudha Ramanujam. She was very kind enough to meet us and to listen to our problems. Among various issues, we specifically told her that voters list is to be finalised before the election announcement. Modified license to be issued at the earliest. Regarding the Zonal and Chapter election we insisted for counting and announcement of results since the Delhi court’s order is not restraining the IIISLA or IRDA to stop or withheld the elections and it is only to reply to the notice. Mrs. Sudha Ramanujam said she will take up the matter to her higher ups and try to solve the issues which are raised in the requisition.
We could understand the following by our Hyderabad visit.
Minutes of the EGM and AGM held at Hyderabad on 01.03.2014 were not available with the office of the IIISLA which is mandatory as per the Company’s Law.
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