A WAKE UP CALL TO THE MOTOR SURVEYORS - IIISLA NEEDS YOU Fwd: Scope of Improvement in Annexure of EGM Notice

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PS Ramnathan

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Jan 3, 2013, 5:57:18 AM1/3/13
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1.     The crux of the issue has been rightly stated that while on one side, the proposed amendment expressly permits employee surveyors of underwriters to be entitled to become full-fledged members of the institution, their continued functioning as a surveyor and loss assessor stands unabridged. 

2.     This is clearly against best practices in any other professional body such as the Institute of chartered accountants, wherein, an employee member cannot certify any financial compliance. 

3.     This Institute must also have a clear restriction on their right to practice whereby, other than as an employee of 100% surveying entity, such as a partner in a firm of chartered accountants, in all other instances they will continue their right and or obligation to be a member and would also continue to have a lien on the license or permission as might be required to undertake surveys, so long as they are associated with and/or in employment of in any form including but not limited to consultancy, they will be prevented from actual practice by a self declaration submitted by them as a notarised affidavit at the time of application for membership. 

4.     By a natural extension of this provision, they shall at any one point of time practice either as an individual surveyor or as a part of one surveying entity alone and no more. 

5.     This will prevent, in the long run, people from obtaining multiple memberships, multiple employment and or multiple association by way of directorships et cetera. 

6.     There should also be a full disclosure requirement whereby their relationship with any other stakeholder should be declared at inception and thereafter before they acquire an interest in any segment having a material relationship with the insurance industry.

7.     This will of course be subject to a general waiver whereby any appointment accepted by them pursuant to an offer and or order of the regulator and or the Ministry of Finance and or any duly constituted authority of government of India whether it be an office of profit or not

8.     Without such checks and balances in place, if the floodgates of membership are opened up, the frontline soldiers to be decimated first will be the motor surveyors, followed by a sniper attack at the remaining professionals.

8.1. The motor surveyors represent the critical mass required to ensure the muscle for this Institute without which no one especially the common policyholder, will be safe from the vagaries of entrenched vested interests.

8.2. I continue to be proud of the fact that some of my best skills were learnt as a spot surveyor and polished in the tough motor workshops of Karur, Namakkal, Tiruchengode and Erode. I would also not hesitate to state that some of the most decent and humane people I have come across who have turned out to be good neighbours in a figurative sense are from the motor markets.    

8.3. The lessons learnt in the motor have stood by very well especially the rewards associated with professional honesty

9.     There are several other concerns but this is the most critical

PSR

 




---------- Forwarded message ----------
From: SUSHANTA KUMAR ROY <sushanta_...@yahoo.com>
Date: Thu, Jan 3, 2013 at 3:17 PM
Subject: Scope of Improvement in Annexure of EGM Notice
To: ashok_...@yahoo.co.in, preside...@iiisla.co.in, iiisl...@googlegroups.com, sanjay_s...@yahoo.com, preside...@gmail.com, iiislas...@gmail.com, rakesh...@yahoo.co.in, surv...@indiatimes.com, jp_m...@rediffmail.com, lalits...@yahoo.co.in, sud...@irda.gov.in, pcchan...@yahoo.com, insurance-su...@googlegroups.com, orkay...@yahoo.com, iiisla...@googlegroups.com, dasara...@yahoo.com, s.anoo...@gmail.com, sanjays...@gmail.com, insurance...@googlegroups.com, ska...@gmail.com


From-S.K.Roy                                                                                                                                                            &nbsp ;                                                                                                                                                                                                                                                               &nbsp ;                                                                                                                                                                                                                                                              &nbsp ;                                                                                              

 To-Mr. Ashok Kumar

        Secretary, IIISLA


                        Sub- Scope of Improvement in Annexure of EGM Notice

Dear Sir,

                Thank you for putting the EGM Notice with  Annexure on IIISLA Website. Lot of painstaking effort has been taken to prepare these annexures. There are always  some scope of improvement & I would like share it with all members with an invitation of airing their views.

                Exposure draft by IRDA was more interesting because it was addressing  the surveyors’  burning issues  more directly & clearly.

.

                Annexure-II, Articles of Association-

                                     Membership

   Quote-

    The Membership shall be restricted only to individuals Surveyors and Loss

Assessors (SLA) director of an SLA Company or partner of an SLA firm holding name in the

SLA license granted by IRDA, SLA employee of a general insurance company or that of an SLA

firm/company holding individual SLA license shall be eligible to be registered as a member”

 -Unquote


          You are proposing  that SLA employee of General  Insurer will be granted membership where as if some SLA joins  Broker Firms or any agreement of  retainer ship with some Broker  Firm has to surrender the license(Point 12 , Code of Ethics Column). Why different  yardstick to Membership  on  employment issue of  insurer & broker firm? If some SLA wants to join an insurance company let that SLA  surrender the license & be entitled to do survey up to Rs. 20000/- limit as you have put the condition of surrendering license for  joining Broker firm.


             Duties of Education Committee & Professional Development Committee are mixed up, e.g. Professional  research, publication of journal  etc. should  come under the banner of education committee.; same way training & skill development ,moving from one category to higher category should have come under the banner of Professional development.

             State Chapter Council does not have any Grievances Committee, Education Committee & Professional Development Committee  where as it should have been more relevant to have these committees  at State Chapter Council Level. State Chapter Council will be interacting with insurers, workshop & other associations to solve the surveyors’ grievances such as  empanelment, job rotation  &  payment  issues etc. Zonal Council will interact at regional offices of insurers & same way central council will deal with head office level ,GI Council &IRDA etc.


                          Audit Column.

Point No. 73. Code of ethics

                     Is it Social Audit you are referring ?

         It has been observed that during puja festival  or any other occasion such as convention of General Insurance Employee Association, Picnic/Education Tour of Insurance company  or any other meeting ,they  extort subscription/money  in the name of advertisement in the souvenir . If any surveyor refuse to oblige his name is deleted from the panel or not given any job in future. How IIISLA is going to tackle this issue? Will IRDA or GI Council put any code of ethics on employees of insurer on this issue.?


Quote-

  Point 11. “Member shall not align with any of the interests of the parties to the contract of insurance and his practice is based on the principle of independent neutral third party. “–

-Unquote

      

  Present day insurers are paying the fees &  openly telling Surveyors’ are their representatives. Empanelment & job allocation is totally  whimsical & it is their prerogative . Their attitude & mindset have to be changed . If surveyor has   to be independent then IIISLA has to take active step in the empanelment & job rotation method so that the surveyors need not to toe the line of insurer while assessing the loss without worrying for future job assignment from insurers.


Quote-

 Point No. 13. “Employees of the insurer, who are licensed surveyors, are obliged to follow the provisions of laws and regularity framework on the profession and also comply with IIISLA guidelines and bound by professional ethics/code of conduct.”

 -Unquote


 How SLA employee of insurer will follow guideline of IIISLA? He will get salary from  insurer  & will be guided his company’s interest , rules & regulation.


            I shall appreciate if you kindly look into these observation & act accordingly.


With best regards,

S.K.Roy

Kolkata

Mob-09830358774

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With seasons greetings

PS Ramnathan

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Lakshman R.Iyer

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Jan 3, 2013, 9:59:12 PM1/3/13
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Pertaining to Inhouse surveyors-

In the code of conduct of surveyors  itself , there there is a Clash of Interest.

As the Code of conduct of surveyors- 
quote"15. Every surveyor and loss assessor shall-
behave ethically and with integrity in the professional pursuits. Integrity implies not merely honesty but fair dealings and truthfulness;
strive for objectivity in professional and business judgment;
act impartially, when acting on instructions from an insurer in relation to a policy holder’s claim under a policy issued by that insurer; " Unquote

Now , if a Surveyor is and employee of an Insurer,
1. The question is what will be the Instructions to the the surveyor from his Employer?
2. To whom will he have is loyalty and Integrity ( As an Employee)  or the Claimant/ Assured.

Morover, there is provision for the Claimant to Choose a Surveyor from a list of surveyors with the Insurers. Will the Insurer  allow the claimant to exercise this right of his.

When there is such a distinct Conflict of insterest How can one have an In house surveyor.

Lakshman Iyer
Aurangabad
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PS Ramnathan

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Jan 3, 2013, 10:24:41 PM1/3/13
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Dear LR Ji
All these days we have been 'impartial' as seen from an underwriter's perspective
We should now become 'truly' impartial ?
Code should evolve. 
Not thrust from top down
Reg
PSR

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PS Ramnathan

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Jan 3, 2013, 11:34:24 PM1/3/13
to
Thank you Mr.DKG
The EGM resolution needs to be redrafted with the threat in mind.
Restriction on practice has to precede or sync with compulsory membership.
Otherwise corporate surveying will 'lawfully' drown the voice of
individual motor surveyor
Once the motor surveyors are destroyed, phase two will be to lop off
individual non motor surveyors.
Finally, by that time if PSU underwriters have been gobbled up, this
will become the classic pincer attack "A double envelopment by
definition leads to the attacking army facing the enemy in front, on
both flanks, and in the rear. If the attacking pincers link up in the
enemy's rear, the enemy is encircled. Such battles often end in
surrender or destruction of the enemy force, although the encircled
force can attempt a breakout, attacking the encirclement from the
inside in order to escape, or a friendly external force can attack
from the outside to open up an escape route for the encircled force"
The only friendly external force at this stage is the policyholder !
The active role of teh 5th column is "A fifth column is a group of
people who clandestinely undermine a larger group, such as a nation,
from within. A fifth column can be a group of secret sympathizers of
an enemy that are involved in sabotage within military defense lines,
or a country's borders. A key tactic of the fifth column is the secret
introduction of supporters into the whole fabric of the entity under
attack. This clandestine infiltration is especially effective with
positions concerning national policy and defense. From influential
positions like these, fifth column tactics can be effectively
utilized, from stoking fears through misinformation campaigns, to
traditional techniques like espionage."

On Fri, Jan 4, 2013 at 8:47 AM, Dinesh Kumar Goyal <dkg....@gmail.com> wrote:
>
> Dear Sir
> Very serious matter.well drafted by PSR. Pl. throw some more light on the subject and the suggest escape route also.Otherwise independent motor surveyor will be finished.
> regards
>>> To unsubscribe from this group, send email to insurance-surveyor...@googlegroups.com.
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>>> --
>>>
>>> With seasons greetings
>>>
>>> PS Ramnathan
>>>
>>> +91 924-520-3785
>>> +91 93448 39777
>>> +91 94430 97777
>>> Second Floor, Sapthagiri Towers,
>>> 10/8, Ramar Koil Street,
>>> Ram Nagar,
>>> Coimbatore - 641 009,
>>> India
>>> res : +91 98430 97777
>>> DISCLAIMER
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>>
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>>
>> 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.
>>
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>
>
>
>
> --
> Dinesh K Goyal
> Surveyor
> #13061,St.No.8,Namdev Marg
> Bathinda
> M.no.9814138292
>
> --
> 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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anokhilal ratola

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Jan 4, 2013, 12:49:21 AM1/4/13
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Dear Mr. PSR,

In my view we must approach IRDA through IIISLA to stop possible entry of employed surveyor. The following measures may please be taken in consideration while issuing membership to any individual surveyor.

[1] The application must route through Unit of respective area and Unit members should check/scrutinize the application of individual surveyor.

[2] If application found in order it should be sent to respective chapter with necessary recommendation by Unit members.

[3] If chapter finds everything in order than it should be sent to IIISLA H.O. for membership.

This process will strengthen unity at Unit level to National level .   


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Thanks and regards,

For A L Ratola Surveyors 
      Reckon Lab & Surveyors
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