Reg.1 Short title, commencement and application

       (1) These regulations may be called the Insurance Surveyors and Loss Assessors (Licensing, Professional Requirements and Code of Conduct) Regulations, 2000.
       (2) They shall come into force on the date2 of their publication in the Official Gazette and shall apply to all licensed insurance surveyors and loss assessors.
        
       —————
        1. Vide Notification No. F.N. IRDA/Reg./11/2000, dated 20th November, 2000, published on the Gazette of India, Extra., Pt. III, Sec. 4, dated 24th November, 2000.
        2. Came into force on 24-11-2000.

Reg.2 Definitions

       In these regulations, unless the context otherwise requires,—
        (a) “Act” means the Insurance Act, 1938 (4 of 1938);
        (b) “applicant” means any person who applies for the grant of a surveyors and loss assessors licence or renewal thereof;
        (c) “Authority” means the Insurance Regulatory and Development Authority established under sub-section (1) of section 3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999);
        (d) “Designated Person” means an officer of the Authority detailed by the Authority to discharge the functions assigned to him under all or any of these regulations;
        (e) “Inspecting Authority” means the person(s) appointed by the Authority

Reg.3 Application for, and matters relating to, grant of licence

       (1) Every person who is an individual and intending to act as a surveyor and loss assessor in respect of general insurance business shall apply to the Authority for grant of licence in FORM-IRDA-1-AF as given in the Schedule to these regulations.
       (2) The Authority shall, before granting licence, take into consideration all matters relating to the duties, responsibilities and functions of surveyor and loss assessor and satisfy itself that the applicant is a fit and proper person to be granted a licence. In particular and without prejudice to the foregoing, the Authority shall satisfy itself that the applicant, in addition to submitting the application complete in all respects—
        (a) satisfies all the applicable requirements of section 64UM read with section 42D of the Act and rule 56A of the Insurance Rules, 1939;
  &nb

Reg.4 Corporate Surveyors and Loss Assessors

       (1) Where the applicant is a company or firm, the Authority shall be satisfied that all the directors or partners, as the case may be, possess one or more of the qualifications specified in section 64UM(1)D(i) of the Act and none of such directors or partners, as the case may be, suffers from any of the disqualifications mentioned in section 42D of the Act read with section 42(4) of the Act.
       (2) The applicant referred to in (1) shall apply in FORM-IRDA-3-AF as given in the Schedule to these regulations.
       (3) The Authority on being satisfied that the applicant is eligible for grant of licence, shall grant the same in FORM-IRDA-LF as given in the Schedule to these regulations, and, all the provisions of regulation 3 above, shall apply mutatis mutandis to corporate surveyors.

Reg.5 Fee structure

       On and from May 1, 2001, the fee payable to the Authority by fresh applicants for grant of licence to act as surveyors and loss assessors, category wise, shall be as stated in the following table:
        S.N. Category of surveyor Amount payable Amount payable by Corporate
        and loss assessor by individuals Surveyor and Loss Assessor
        Rs. Rs.
        1. A Ten thousand Twenty five thousand
        2. B Seven

Reg.6 Application to conform to the requirements

       Any incomplete application not conforming to the requirements of these regulations shall be rejected:
       Provided that before rejecting any such application, the applicant shall be given a reasonable opportunity to make good the application.

Reg.7 Renewal of licence

       (1) An insurance surveyor and loss assessor, desiring to renew the licence granted earlier, either under these regulations or prior to the commencement of these regulations, shall apply to the Authority atleast thirty days before the expiry of the period of validity thereof, in FORM-IRDA-5-AF (for individuals)/FORM-IRDA-6-AF (for corporate surveyors) as given in the Schedule to these regulations, alongwith a renewal fee of two hundred rupees:
       Provided that the Authority may, if it is satisfied that undue hardship would be caused otherwise, accept any application, within six months of its expiry on payment by the applicant of a penalty of seven hundred and fifty rupees:
       Provided further that a licence not so renewed can be revalidated only as a fresh case.
       (2) A licence so renewed shall be vali

Reg.8 Procedure where licence is not to be granted or renewed, or where licence is to be suspended or cancelled

       (1) Where an applicant does not satisfy the provisions of the Act and these regulations, the Authority may reject the application for grant of licence or renewal thereof and refund to the applicant not more than 60 per cent. of the fee received:
       Provided that no application shall be rejected unless the applicant has been given a reasonable opportunity to make good the application within a time frame as may be deemed appropriate by the Authority, according to the facts and circumstances of each case.
       (2) The refusal shall be communicated to the applicant within thirty days of such refusal, stating the grounds of rejection.
       (3) Where it is found that a surveyor and loss assessor suffers from any of the disqualifications or has knowingly contravened any provisions of the Act or the IRDA Act, or t

Reg.9 Suspension of the licence

       (1) A licensed surveyor and loss assessor whose licence is proposed to be suspended by the Authority may be granted an opportunity before suspending the licence:
       Provided, however, that the Authority may not follow this procedure if the continued employment of the licensed surveyor and loss assessor is considered to be detrimental to the cause of insurance underwriting.
       (2) The period of suspension will be indicated in the order of the Authority.
       (3) On receipt of the order of suspension, the licensed surveyor and loss assessor may file an appeal with the Authority asking for revocation of suspension. The Authority may designate an officer who will hear the representation of the licensed surveyor and loss assessor and make such orders as are deemed fit. The order made in this regard shall be c

Reg.10 Issue of duplicate licence/identity card

       (1) A person to whom a licence has been issued or renewed, shall, if such licence and/or Identity Card is/are lost, destroyed or mutilated, make an application in FORM-IRDA-9 given in the Schedule to these regulations to the Authority requesting for issuance of duplicate thereof, along with a fee of five rupees.
       (2) The application referred to in sub-regulation (1) shall contain full particulars of licence/identity card and as to how the loss/destruction or mutilation has occurred, and the application shall be accompanied by mutilated pieces, if any, in possession of the person making the application.
       (3) The Authority, on being satisfied, may issue a duplicate licence and/or identity card in FORM-IRDA-10-LF as given in the Schedule to these regulations.
       (4) The duplicate so issued shall remai

Reg.11 Constitution

       (1) The Authority shall constitute a Committee to be called “Surveyors and Loss Assessors Committee” (hereinafter referred to as “the Committee”), for assisting the Authority on the matters and affairs relating to Insurance Surveyors and Loss Assessors.
       (2) The Committee may consist of the following persons:—
        (i) an Officer of the Authority;
        (ii) two representatives of the Surveyors and Los Assessors;
        (iii) a representative of Insurers;
        (iv) a representative of the policy-holders.
       (3) The Committee will be for a period of three years and will be presided over by the officer of the Authority.

Reg.12 Functions of the Committee

       (1) The Committee shall perform the following functions:—
        (i) recommending the syllabus for examination and practical training requirements for persons to qualify as surveyors and loss assesors;
        (ii) recommending to the Authority for its consideration to recognise foreign qualifications and training for the purposes of grant of licence to act as surveyors and loss assessors;
        (iii) improving and developing the status and standard of the profession of surveyors and loss assessors;
        (iv) co-ordinating with educational or other institutions, having as their objects, wholly or partly, similar to those of the profession of surveyors and loss assessors, in such manner as may be conducive for the attainment of common objecti

R.14 .

       (1) A surveyor and loss assessor shall be categorised, as mentioned in sub-regulation (3), based on the following criteria:—
        (i) professional qualifications;
        (ii) training undergone;
        (iii) experience as a surveyor and loss assessor and any other relevant professional experience;
        (iv) any other criteria, as may be specified by the Authority from time to time.
       (2) The categorisation shall be done and reviewed from time to time on the basis of a point system evolved by the Authority in consultation with the Committee referred to in Chapter III of these regulations.
       (3) The categorisation shall consist of allocation of one or more

R.15 .

       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 holders 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 licence;
        (6) not accept

R.16 .

       (1) An applicant seeking a licence to act as a surveyor and loss assessor shall undergo a period of practical training of not less than twelve months with a surveyor and loss assessor as specified below;
       (2) The surveyor under whom an applicant will be trained shall belong to category A or category B as classified by the Authority while granting a licence;
       (3) The trainee shall maintain a record of training received during the period and shall get it certified by the surveyor and loss assessor under whom he has trained and the certificate shall be attached to the application for seeking grant of a licence under regulation 3;
       (4) The licence to be granted to an applicant to act as a surveyor and loss assessor shall be in that particular area for which he has been trained;
   &

R.17 .

       The Authority may also prescribe the passing by an applicant of an examination on the successful completion of the training prescribed above for the grant of a licence under regulation 3. The examination may be conducted either by the Authority itself or by an institution authorised by it in this behalf.

Reg.18 Register of Licenced Insurance Surveyors and Loss Assessors

       (1) The Authority shall maintain a register of all licenced insurance surveyors and loss assessors containing the following particulars:—
        (i) full name, date of birth, domicile, residential and professional address;
        (ii) the date on which name is entered in the Register;
        (iii) licence number and period of validity;
        (iv) professional and other qualifications;
        (v) areas of survey work licensed to be undertaken;
        (vi) categorisation of the surveyor and loss assessor;
        (vii) any other particulars as may be prescribed by the Authority from time to time:
  

Reg.19 Submission of returns

       Every licensed surveyor and loss assessor shall—
        (a) furnish such of the document, statement, account, return or report, as and when required by the Authority, and comply with such directions, as may be issued by the Authority in this behalf, from time to time; and
        (b) submit an annual statement in FORM-IRDA-12 given in the Schedule to these regulations.

Reg.20 Inspection

       (1) The Authority, may appoint one or more persons as inspecting authority to undertake inspection of survey work, books, records and documents, or to investigate any bona fide complaint received against a surveyor and loss assessor.
       (2) The inspecting authority shall, as soon as possible, submit an inspection report to the Authority.
       (3) The inspecting authority shall be given all information demanded by it for the purpose of carrying out inspection/investigation work, and shall be extended all possible co-operation, to facilitate the conduct of its work.
       (4) The Authority shall, after consideration of the inspection report, communicate the findings of the inspecting authority to the surveyor and loss assessor, and shall also give him a reasonable opportunity of being heard before any action

Reg.21 Power to clarify

       In case of any doubt or ambiguity in regard to any of these regulations, the same shall be clarified by the Chairperson of the Authority.