Insurance Surveyors Regulations 2019

Naval Architecture of a recognized University or Institute. Diploma in Engineering of three years duration;   Fellow Member of    ICAI./ I.C.W.A., III./Post Graduate Diploma in Insurance from IIRM

PSU, others)

“Associate Member” means any Licentiate Member and holding valid Surveyor & Loss Assessor License continuously for a period not less than 8 years and upon fulfilment of other criteria set out in Regulation 15(1)(a)(ii).

Regulation 2(4) is omitted.

Regulation 2(7) shall be substituted, namely:

Individual Surveyor means an individual who is licensed by the Authority to act as Surveyor and Loss Assessor

“Institute” means the Indian Institute of Insurance Surveyors & Loss Assessors (IIISLA) promoted by IRDAI under Section 14(2)(f) of the IRDA Act, 1999 and incorporated under Section 8 of the Companies Act, 2013.

Regulation 2(9) is substituted with the following:

“Institute” means the Indian Institute of Insurance Surveyors & Loss Assessors (IIISLA).

Regulation 2(11) is omitted.

“Member” means Student Member or Licentiate Member or Associate or Fellow Member of the Institute.

Regulation 2(12) is substituted with the following:

“Member” means Member of the Institute.

“Surveyor & Loss Assessor” means  a person who is licensed by the Authority to act as Surveyor & Loss Assessor.

“Surveyor and Loss Assessor” means a person who holds valid license issued under these Regulations.

“Student Member” means any person who is a member of the Institute and who enrolls himself  as a trainee with the Authority for seeking practical training to obtain a license to act as Surveyor & Loss Assessor.

Regulation 2(14) is substituted with the following:

“Student surveyor” means any person who enrolls himself with the Authority with an intention to undergo pre-licensing examination to become eligible to obtain a license to act as Surveyor and Loss Assessor, subject to possessing the required academic qualifications.

“Membership level of a Surveyor and Loss Assessor” means level allotted by the Institute to a Member,

based on the criteria set out in Regulation 15 of these Regulations

Regulation 2(15) shall be omitted.

Every person who is a Student Member of the Institute and intending to act as a Surveyor & Loss Assessor in respect of general insurance business shall apply to the Authority for grant of license in Form-IRDAI-1-AF as given in Schedule II to these regulations.

Eligibility Criteria:

(a) Qualifications:

(i) academic / technical/ professional/Insurance Qualifications given in Schedule I Annexure–1 of these

Regulations.

(ii) Other qualifications as may be specified by the Authority from time to time.

(iii) Shall be a “Member” of the Institute.

(b) Training:

(i) Practical training for a period of not less than twelve months as specified in Regulation 17(1)

(ii) Such other training which the Authority may specify from time to time.

Explanation: Any person who has undergone the requisite training for obtaining a license to act as a

Surveyor and Loss Assessor, as stated above may have to undergo such other training as may be

specified by the Authority.

(c) Examination: Passing of relevant paper(s) of Surveyor and Loss Assessor Examination conducted

by the Insurance Institute of India, Mumbai or any other Institute recognized by the Authority.

Explanation: Any person who has, as on the date of notification of these Regulations, successfully

completed the examination for obtaining a license to act as Surveyor and Loss Assessor, is exempt

from taking examination once again stated under 3(2)(c) above subject to Regulation 3(8)(c).

4.2          Regulation 3(2) shall be substituted namely:

Eligibility Criteria

(a) Qualifications:

(i)            Academic / technical/ professional/Insurance Qualifications given in Schedule I Annexure–1 of these Regulations.

(b)          Passing of pre-licensing examination conducted by the Insurance Institute of India, Mumbai and / or any other Institute as may be specified by the Authority from time to time.

Explanation:

(i)            Existing licence holder, or any person who has already enrolled as trainee, as on the date of notification of these Regulations, and has successfully passed the examination for obtaining a licence to act as Surveyor and Loss Assessor, is exempted from taking pre-licensing examination once again for those subjects where he is already qualified.

(ii)           For existing student member, who was already enrolled before notification of these Amendment Regulations and yet to pass the examination, he shall have the option to complete the training and pass the examination as per the then existing pattern within a period of three years from the date of notification of these Amendment Regulations or five years from the date of enrollment, whichever is later.

(iii)          If any student surveyor does not pass the pre-licensing examination within three years after enrolment, he/ must enroll afresh and pass the pre-licensing examination within two more years. No further extension will be given thereafter.

(iv)         Mere enrolment does not confer any right to the applicant, to get the licence. Licence shall be issued subject to the applicant possessing required academic qualifications as well as compliance with the other criteria, including the “fit and proper” norms.

(v)          Surveyors whose licence ceased to exist shall be considered for applying fresh licence after passing the pre-licensing examination, in case the applicant has not qualified the relevant examination earlier.

Documents to be enclosed:

(a) Application in Form-IRDAI-1AF duly complete in all respects.

(b) Copy of Membership certificate issued by the Institute, indicating Student Membership No, Date

of Issue, etc.

(c) Recent passport photo

(d) Copy of PAN Card

(e) Address Proof

(f) Proof of qualification (notarized)

(g) Training completion certificate (in original)

(h) Copy of quarterly reports (for the previous 4 quarters)

(i) Copy of marks sheet in support of having passed the Surveyor and Loss Assessor examination as

provided under Regulation 18 of these Regulations

(j) No Objection Certificate from employer, if employed (in original)

(k) Affidavit as stated at s.no 2 of FORM- IRDAI-1-AF (to be uploaded in soft form at the time of

submission of application through online)

(l) Self-addressed envelope of 4.5”x10” with minimum of Rs.40 postage stamp

(m) Demand draft, in case fee is paid by DD

(n) Details of fee payment by RTGS/ NEFT, if paid through RTGS/ NEFT

(o) Any other document/information that may be required by the Authority from time to time

4.3          Regulation 3(3) shall be substituted, namely:

Documents to be submitted:

a.            Application in Form-IRDAI-1-AF duly complete in all respects.

b.            Recent passport size photo

c.             Copy of PAN Card

d.            Address Proof

e.            Proof of qualification (self-attested)

f.             Copy of marks sheet in support of having passed the Surveyor and Loss Assessor pre-licensing examination as provided under Regulation 17.  For existing student member, copy of marks sheet in support of having passed the Surveyor and Loss Assessor examination along with the training completion certificate.

g.            Declaration cum undertaking for complying with the code of conduct as stated at Sl no 2 of FORM- IRDAI-1-AF (to be uploaded in soft form at the time of submission of application through online) .

h.            Any other document/information that may be required by the Authority from time to time

i.              Fit and Proper statement as specified in Schedule 1, Annexure 2

j.             (Application along with fee, documents, duly attested, must be uploaded online. If the documents are not readable or legible, applications will not be considered.)

Disclosures:

Every licensed Surveyor and Loss Assessor is required to submit a declaration stating that he/she shall file with the Authority, any changes in the information submitted to the Authority within 15 days of such change and apply in the FORM-IRDAI-17-AF as given in Schedule II to these

Regulations, for grant of modified license. The license issued by the Authority (in original) shall be surrendered at the time of application for grant of modified license.

Regulation 3(4) (a) shall be substituted, namely:

Disclosures:

Every applicant is required to submit a declaration stating that he/she shall file with the Authority, any changes in the information submitted to the Authority within 15 days of such change and apply for modifications, if any, on line

Payment of fees – The applicant shall pay fees as provided under Regulation 5, through online net

banking / RTGS/ NEFT/ Demand Draft in favour of IRDAI and furnish evidence of payment

Payment of fees – The applicant shall pay non-refundable processing fees as provided under Regulation 5.

3(8)(b) Consideration of Application:

Without prejudice to the foregoing, the Authority shall take into account the following and

satisfy itself that the applicant:

(iv) possesses the specified qualifications, has undergone practical training and has passed an examination conducted by the examination body.

possesses the specified qualifications and has passed the pre-licensing examination conducted by the Insurance Institute of India or any other institute approved by the Authority.

_

Regulation 3(8)(b)(v) shall be inserted:

(v) has not acted in a way or found violating any law which would be prejudicial to the interests of the policyholders.

Grant of license: The Authority on being satisfied that the applicant is eligible for grant of license,

shall grant the same in FORM-IRDAI-2-LF as given in the Schedule II to these Regulations,

mentioning the level of membership granted by the Institute, particular class/ department or subject of

general insurance business namely, fire, marine cargo, marine hull, engineering, motor,

miscellaneous, crop insurance and loss of profit.

Grant of license: The Authority on being satisfied that the applicant is eligible for grant of licence, shall grant the same in FORM-IRDAI-2-LF as given in the Schedule II to these Regulations.  Physical copy will be issued, only in case of any difficulty in downloading the licence online, subject to specific request to be made to IRDAI.

There shall be at least two directors/ partners in the company / firm at any point of time who are members

of the Institute and are licensed to act as Surveyor and Loss Assessor. The department and level of

membership of the director/ partner under their individual Surveyor and Loss Assessor license shall

become the department and level of Membership of the Company/ firm. Any licensed Surveyor and Loss

Assessor appointed as director/ partner of a company/ firm seeking application for grant of corporate

surveyor license, shall undertake survey jobs and issue survey reports only in the capacity of director/

partner of the applicant company/ firm.

2.2.8.     Regulation 4(4) shall be substituted, namely “There shall be at least two directors/ partners in the company / firm at any point of time who are licensed to act as Surveyor and Loss Assessor. Any licensed Surveyor and Loss Assessor appointed by a company/ firm seeking application for grant of corporate surveyor license, shall undertake survey jobs and issue survey reports only in the capacity of director/partner/employee of the applicant company/ firm.

Documents to be enclosed:

(r) Details of fee payment by RTGS/NEFT, if paid through RTGS/NEFT

Regulation 4(5)(r) shall be substituted, namely; Details of fee payment

Payment of fees – Shall pay fees as provided under Regulation 5, through online net banking/

RTGS/ NEFT/ Demand Draft in favour of IRDAI and furnish evidence of payment.

Regulation 4(7) is substituted with the following:

Payment of fees- Shall pay a non-refundable processing fees as provided under Regulation 5, through credit card/debit card/online net banking/RTGS/NEFTor any other mode recognized  in favour of IRDAI and furnish evidence of payment.

Grant of License : The Authority, on being satisfied that the applicant is eligible for grant of license, shall grant the same in Form-IRDAI-4-LF as given in the Schedule-II to these Regulations, indicating the departments and membership level of the corporate surveyor and loss assessor

In Regulation 4(13), the words, “and membership level” shall be omitted

4(15) Conditions of License:

1. Upon grant of Corporate Surveyor and Loss Assessor license, the company/ firm can undertake

survey jobs only in those department and level of membership displayed against each of the director/

partner in the Corporate Surveyor and Loss Assessor license issued by the Authority.

3. Individual Surveyor and Loss Assessor who is working as an employee of a company/firm shall

undertake survey jobs only of that company/ firm with whom he/she is employed with. The employee

shall undertake survey jobs only in those departments and level of membership allotted to him/ her

under his/ her individual license

Regulation 4(15) (1) and 4 (15) (3) the following words shall be deleted:

“…..and level of membership “after the words “in those department” shall be omitted:

Regulation 5: The fee payable to the Authority by fresh applicants for grant of license to act as Surveyors

and Loss Assessors shall be one thousand Rupees plus applicable service tax as prescribed by Central

Government from time to time.

Regulation 7(2): Where the application for grant of license is rejected, a refund of 60% of the applicable fee received shall

be made to the applicant.

Regulation 5 shall be substituted with the following:

The non-refundable processing fee payable to the Authority by fresh applicants seeking for grant of individual license to act as Surveyor and Loss assessors shall be rupees one thousand and shall be rupees five thousand for grant of Corporate license

For corporate, the fee is enhanced to Rs. 5000/-

Regulation 6(1): An application for renewal of Surveyor and Loss Assessor license including online submission of application

for renewal, shall reach the Authority at least thirty days before the expiry of the period of validity thereof,

(a) in FORM-IRDAI-5-AF (for individuals)

(b) in FORM-IRDAI-6-AF (for Corporate Surveyor and Loss Assessors) as given in the Schedule-II to these

Regulations, along with a renewal fee of one hundred rupees plus applicable service tax as prescribed by

Central Government from time to time.

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 license not so renewed ceases to exist. However, an application from such surveyor

and loss assessor whose license has ceased to exist can be treated as fresh application and processed under

Regulation 3 or Regulation 4, and such applicant shall be allotted Licentiate level of Membership in the

license issued by the Authority.

6.2          Regulation 6 (1) shall be substituted, namely:

(1)          Surveyor and Loss Assessor shall submit the application for renewal of licence to the Authority in the form specified under IRDAI-5-AF for Individual Surveyor and IRDAI-6-AF for Corporate Surveyors, at least thirty days before the expiry of licence, along with a non-refundable renewal fee of rupees one thousand for Individual Surveyors and rupees five thousand for Corporate Surveyors.

Provided that if renewal is not applied at least 30 days before the date on which the licence ceases to remain in force, an additional fee of rupees one hundred shall be payable by the applicant to the Authority.

Provided further that the Authority may, if it is satisfied that undue hardship would be caused otherwise, accept any application submitted after expiry of the licence, within six months of its expiry on payment by the applicant of a penalty of rupees seven hundred and fifty.

Provided further that if an application for renewal is not received within the time specified above the licence shall ceases to exist.

Provided further that, if Authority is satisfied that undue hardship would be caused or otherwise, an application from such surveyor and loss assessor whose licence has expired and the application is not submitted within six months from the date of expiry, can be treated as a fresh application taking into account the eligibility criteria, existing, at the time of receipt of such application.

The applicant shall upload the documents online but shall maintain the original physical copies with him throughout the period of validity of licence issued by Authority and shall produce the same whenever sought by Authority or during conduct of inspections etc.

For renewal of individual, the non-refundable fee remains Rs. 1000/- and Rs. 5000/- for individual and corporate SLAs  respectively.

Documents to be submitted

(a) In case of Individual:

(i) Application in Form-IRDAI-5-AF duly completed in all respects.

(ii) Recent photo

(iii) Copy of PAN Card

(iv) Address Proof

(v) Proof of qualification (notarized)

(vi) No Objection Certificate from employer, if employed (in original)

(vii) Work performance in Form–IRDAI-12 (to be uploaded in soft form for previous 3 financial years)

(viii) Affidavit as stated under s.no 2 of FORM-IRDAI-5-AF

(ix) Copy of Membership Certificate issued by the Institute.

(x) Self-addressed envelope of 4.5”x10” with minimum of Rs.40 postage stamp

(xi) Demand draft, in case fee is paid by DD

(xii) Details of fee payment by RTGS/ NEFT, if paid through RTGS/ NEFT

(xiii) Any other document/information that may be required by the Authority from time to time

(Copies of documents at s.no (iii) to (ix) shall be notarized)

(xiv) Proof of sole proprietor registration with local authorities, in case applying for sole proprietorship

(notarized)

6(3) shall be substituted, namely:

Documents to be submitted online for renewal

(a)           In case of Individual:

(i) Application in Form-IRDAI-5-AF duly completed in all respects.

(ii) Recent photo

(iii)          Address Proof, in case of change in the address,

(iv)         Proof of qualification (self-attested) in case of upgradation, if any

(v)          No Objection Certificate from employer, if there is a change of employment

(vi)         Declaration cum undertaking as stated under Sl no 2 of FORM-IRDAI-5-AF

(vii)        Fit and Proper statement as specified in Schedule 1, Annexure 2 (tick on line)

(viii)       Any other document/information that may be required by the Authority from time to time

(b) In case of corporate surveyors:

(i) Application in Form- IRDAI-6-AF duly completed in all respects.

(ii) one recent photo of directors/partners

(iii) Copy of Surveyor and Loss Assessor licence of directors/ partners and their Membership details

(iv) Copy of Certificate of Incorporation issued by ROC in case of company

(v) Copy of Partnership Deed in case of a firm duly signed by all the partners

(vi) Copy of Memorandum and Articles of Association of the company

(vii) Copy of Form no DIR-12 filed with ROC

(viii) Copy of Form no INC-22/23 filed with ROC

(ix) Copy of Form 20B/ Form SH7, as the case maybe, filed with ROC

(x) Copy of TAN

(xi) Proof of qualification of directors/partners

(xii) Copy of PAN Card and Address Proof of directors/ partners

(xiii) Declaration cum Undertaking as stated under Sl no 4 of FORM-IRDAI-6-AF

(xvii) Any other document/information that may be required by the Authority from time to time

(xviii) Fit and proper statement as specified in Schedule-I, Annexure 2.

The application for renewal of licence shall be processed taking into account the eligibility criteria, work performance and compliance with fit and proper norms, including those set out under Regulation 3 and 4, at the time of receipt of such application.

Fit and Proper Statement requirement included to obtain material information of applicant.

(5) The Authority on being satisfied that the applicant is eligible for renewal of licence, shall renew the same

(a) in Form–IRDAI-7-LF in case of individuals

(b) in Form–IRDAI-8-LF in case of Corporate Surveyor and Loss Assessor in the format given in the Schedule-II to these regulations.

(6) A licence so renewed shall be valid for three years from the date of renewal unless cancelled earlier.

(5) The Authority on being satisfied that the applicant is eligible for renewal of licence, shall renew the same

(a) in Form–IRDAI-7-LF in case of individuals

(b) in Form–IRDAI-8-LF in case of Corporate Surveyor and Loss Assessor in the format given in the Schedule-II to these regulations.

(6) A licence so renewed shall be valid for three years from the date of renewal unless cancelled / suspended/ terminated/surrendered earlier.

Where the application for grant of license is rejected, a refund of 60% of the applicable fee received shall

be made to the applicant.

Regulation 7(2) is omitted.

NEW

–

In Regulation 8(1), point (c) shall be inserted, namely:

The /surveyor and loss assessor has not carried any of the duties and responsibilities as specified in Regulation 13.

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                   –

shall be substituted, namely:

a)            Motor insurance- above Rs. 75,000/-

b)            Other than motor insurance- above Rs. 1, 50,000

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

Regulation 12(3) shall substituted namely.

The limits may be reviewed by the Authority from time to time

contract;

Regulation 13(1)(i) is substituted with the following:

“comment on the admissibility of the claim and assess the liability of the insurer as per the policy terms and conditions”

(k) assessing liability under the contract of insurance;

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

Regulation 13(1)(k) and 13(1)(l) shall be omitted.

13(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.

13(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.

13(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.

13(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.

Regulation 13(2), (3), (4) and (5) shall be substituted, namely:

13 (2) A surveyor and loss assessor, shall start the survey immediately, in any case within 48 hours of his appointment, unless there is a contingency that delays immediate survey.   The Surveyor and loss assessor shall, within 7 working days of the claim intimation, inform insurer/claimant of the essential documents and other requirements that the claimant should submit in support of the claim. Where documents are available in public domain or with a public authority, the surveyor/insurer shall obtain them.

13(3) The surveyor shall submit Interim report of the physical details of the loss within 15 days from the date of first visit of the site and submit final survey report to the insurer within 30 working days from date of submission of last relevant and necessary document by the insured.

13(4) Where special circumstances exist in respect of a claim, either due to its special / complicated nature, or due to difficulties associated with replacement/ reinstatement, the surveyor shall seek an extension from the insurer for submission of his report.

13           (5)  In cases where the Survey report is pending due to non- submission of relevant 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.  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 provision of calling for an additional report by the insurer shall not be resorted to more than once in the case of a claim. 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.

14(1): A Surveyor and Loss Assessor shall be categorized on the basis of level of membership allotted by the

Institute. The three levels of membership in the Institute viz Licentiate, Associate and Fellow, shall be as

defined in these Regulations.

Regulation 14(1) shall be omitted.

14(2): Every Surveyor and Loss Assessor, whether a company or firm or an individual, shall be eligible to carry on

the work as a surveyor and loss assessor, as per the level of membership allotted by the Institute and specified

in the license.

Regulation (14) (2) shall be substituted, namely:

Every licensed Surveyor and Loss Assessor, whether individual or working with a corporate surveyor or employee of an insurance company, shall be eligible to carry on the work as a surveyor and loss assessor, based on the qualification criteria in compliance with Regulations and the licence issued by the Authority.

(1) The Institute shall grant appropriate membership to the person eligible, within 15 days from the date of

receipt of application for membership. The license issued by the Authority to act as a Surveyor and Loss

Assessor shall be based on the following criteria, including any other criteria as may be specified:

(a) Membership

(i) Licentiate Member: Any person holding a valid license issued by the Authority to act as

Surveyor and Loss Assessor, and fulfils other criteria set out in Regulation 15 (1) (b).

(ii) Associate member: Any Licentiate Member and holding valid license continuously for a period

not less than 8 years and fulfils other criteria set out in Regulation 15 (1) (b).

(iii) Fellow Member: Any Associate Member and holding valid license continuously for a period

not less than 16 years and fulfils other criteria set out in Regulation 15 (1) (b).

Provided that any person holding a valid license issued by the Authority as on date of

notification of these Regulations may be issued appropriate level of membership by the Institute

taking into account his/her number of years of continuous previous service as Surveyor and

Loss Assessor.

(b) Training, examination, seminars and workshops:

(i) The Institute shall conduct training, examination, seminars and workshops in India for all the

Members and every Member, in order to upgrade his/her level of Membership, shall undergo

such training, examinations, seminars and workshops as specified below:

(ii) In addition to the period of practical training that an applicant seeking a license to act as a

Surveyor and Loss Assessor is required to undergo; he/ she shall undergo training conducted

by the Institute commensurate to their level of membership, for the minimum period as

specified below:

Licentiate – 100 hrs

Associate – 50 hrs

Fellow – 25 hrs

(iii) The Institute or any other institution authorized by the Authority, shall conduct seminars and

workshops and every Member shall attend a minimum number of such seminars and

workshops as specified below:

Licentiate- 5

Associate- 8

Fellow- 10

Provided that such training, examination, seminars and workshops of the Institute shall have prior

approval of the Authority

Regulation 15 shall be substituted namely Functions of the Institute:

(1) Membership:

a. Every applicant shall comply with the requirements under Section 64 UM of Insurance Act,1938 and become a member of the Institute at the time of applying for license.

Provided, in case the Institute refuses to issue membership to any applicant, for any valid reason, the decision must be informed to the applicant within 15 days from the date of receipt of application for membership giving reasons for refusal, under intimation to Authority.

b.            In case of such refusal of the membership of Institute, the applicant may appeal to the Authority.

c.             The Authority shall consider such appeal for membership and communicate its decision thereon to the applicant and the Institute in writing within six weeks of the receipt thereof and such decision of the Authority shall be binding on the applicant and the Institute.

d.            In case, Institute does not comply with the decision of Authority for issuance of membership, such applicant holding the license of the Authority shall be eligible to act as an Approved Surveyor or Loss Assessor in terms of Section 64UM of Insurance Act, 1938.

(2)          Training, seminars, workshops and examinations:

a.            Post-license training either directly or online may be given by IIISLA with different modules of training being offered for various departments provided that such training, seminars and workshops of the Institute shall have prior approval of the Authority.

b.            This is towards upgradation of knowledge and skills and is not a pre-requisite for licensing or renewal.

(3)          The Authority may from time to time issue such guidelines, directions or such other communication for the efficient conduct of the affairs of the Institute.

Any disciplinary action taken on members by IIISLA having a bearing on the licence should be brought to the notice of Authority.  In case of any cancellation/ termination of licence by IRDAI, cancellation of membership of that licence holder should be done immediately.

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;

Regulation 16(10) shall be omitted.

(1) A Student Member seeking a license to act as a Surveyor and Loss Assessor shall apply and enroll with the

Authority as Trainee in FORM-IRDAI-13 as given in the Schedule II to these Regulations, after having

obtained the willingness to impart training from his trainer in FORM-IRDAI-14 as given in the Schedule

II to these Regulations, and shall undergo practical training for a period of not less than twelve months

with a licensed Surveyor and Loss Assessor as specified below:

(2) During the period of training, every applicant who is a Student Member of the Institute and enrolled as trainee shall comply with the code of conduct and code of ethics prescribed by the Institute and duly

approved by the Authority and shall include the following:

(a) Behave ethically and with integrity. Integrity implies not merely honesty but fair dealings and

truthfulness.

(b)Not accept/perform/undertake/any survey works and not issue any survey report without holding a valid license issued by the Authority to act as Surveyor and Loss Assessor

(c) Maintain at all times, proper record of training details duly certified by the trainer surveyor,

(d) Disclose all information relating to any proceedings initiated or investigation pending or carried

out/against him/her or by any agency and details of the outcome thereof”

(e) File within 15 days, any change in information already submitted to the Authority

(f) Any other instructions specified by the Authority/Institute from time to time.

(3) The licensed surveyor who provides training should hold a valid license to act as surveyor & loss assessor in that particular department for the last 8 years.

(4) The trainee shall maintain a quarterly record of training received in FORM-IRDAI-15 during the period

and shall get it certified by the Surveyor and Loss Assessor under whom he has been trained and the

certificate in FORM-IRDAI-16 shall be attached to the application for seeking grant of a license under

Regulation 3;

(5) The license 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;

(6) If a Surveyor and Loss Assessor already licensed by the Authority seeks to obtain a similar license for

acting as a surveyor in a department of general insurance business other than for which he has been

licensed, he shall undergo a period of training of not less than six months under a licensed Surveyor and

Loss Assessor holding either a valid license to act in that particular department for last 8 years.

(7) Those who have enrolled as trainees with the Authority as on the date of notification of these Regulations

shall become Student Members of the Institute and shall comply with the criteria set out in Regulation 3

for grant of license to act as Surveyor and Loss Assessor.

Regulation 17 shall be substituted, namely:

A Student surveyor or any applicant having the required qualification, seeking a license to act as a Surveyor and Loss Assessor shall apply and enroll with Authority and shall pass pre-licensing examination. The examination may be conducted either by the Insurance Institute of India or by an institution authorized by the Authority.

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 license under Regulation 3. The examination may be conducted

either by the Insurance Institute of India or by an institution authorized by the Authority.

Regulation 18 shall be substituted, namely:

As a part of pre-licensing examination, the Authority may also specify mandatory hours of practical training through an institution authorized by the Authority.

Every insurer shall submit to the Authority the following:

(1) File with the Authority, annually, a copy of the policy formulated by the company, on the methodology

followed for appointment of surveyors, utilization of surveyors and allotment of survey jobs to licensed

surveyors.

(2) File with Authority, changes if any made in the policy submitted as stated at sub-regulation (1) above,

within 15 days of such change with reasons thereof.

(3) Quarterly report on misconduct of licensed surveyors, including, action, if any taken, on the employee

surveyors under the employment rules.

(4) Half-yearly report giving the number of claims reported, number of claims surveyed by in-house/

individual/ corporate surveyors, number of claims settled, amounts paid, number of claims outstanding,

amounts involved, reasons for claims outstanding, time taken for claim settlement, claims settlement ratio.

The report may be prepared State-wise, Surveyor wise, Amount-wise or on any other parameter considered

appropriate and furnished to the Authority.

a)            Every insurer carrying on general insurance business must file with the Authority, annually, a Board approved policy with regard to appointment, utilization and management of different classes of surveyors (employee/individual/corporate), timeframes for payment of survey fee payable for both individual and corporate surveyors. The time-frame for payment of survey fee shall be reasonable.  If any changes are made in the policy submitted under this sub-regulation, the details should be intimated within 15 days of such changes with reason thereof.

b)            Every insurer carrying on general insurance business shall monitor the performance of surveyors, including compliance with the code of conduct and the duties and responsibilities laid down in the regulations. It shall be the responsibility of the insurer to enquire into case of violation of code of conduct brought to its notice, conduct the necessary enquiry and investigation and report cases of wherever violation is established, to the Authority.

c)            Every insurer carrying on general insurance business shall file Quarterly report on misconduct of licensed surveyors, including, action, if any taken, on the employee surveyors under the employment rules.

d)            Every insurer carrying on general insurance business shall submit Half-yearly report giving the number of claims reported, number of claims surveyed by in-house/individual/ corporate surveyors, number of claims settled, amount paid, number of claims outstanding, amounts involved, reasons for claims outstanding, time taken for claim settlement, claims settlement ratio and such other returns/reports as may be specified by Authority.

e)            Every insurer carrying on general insurance business shall maintain the following details and such records shall be maintained for a period of at least five years.

•             Details of utilization of surveyors including the departments they have been used for, along with the estimated claim amount on the basis of which a surveyor has been appointed;

•             Details of timelines of submission of reports by surveyors

•             Details of complaints, if any, against surveyors and details of disposal of the same

•             Details of action taken against surveyors, if any

•             Details of survey fee pending beyond the due date (in line with the time-line laid down in the Board approved policy relating to payment of survey fee)

•             Details of monitoring the performance of surveyors in terms of quality etc.

The details given above need to be maintained separately for Individual Surveyors, Corporate Surveyors and Employee Surveyors and State-wise, Surveyor wise, Amount-wise or on any other parameter considered appropriate and shall be maintained for a minimum of five years, unless there is litigation involved in which case it shall be maintained as long as required.

The information, reports, data required under these Regulations shall be maintained in electronic/ digital form for timely submission of the same to the Authority as and when required or called for.

f)             Any other relevant aspect, as may be specified by IRDAI from time to time

Insert the following after Regulation 25:

25(a) Voluntary Surrender of license:

(1)          A Surveyor and Loss assessor whether Individual or Corporate, licensed under these Regulations may make an application to the Authority for surrender of their license with the following documents:

a.            A declaration of completion of all assignments on hand and that no fresh cases are taken up from the date of request for surrender of license;

b.            A certified copy of resolution of the Board of Directors recording reasons for surrender of license (in case of corporates)

c. To notify & inform to the Registrar of Companies and comply with their requirements under Companies Act for deletion of Main Objects of MOA/AOA or produce proof of steps taken to de-register the company with Registrar of Companies (in case of Corporates).

d.            Original copy of valid license.

e.            Any other information, required by the Authority.

The Authority may consider such application on merit provided Surveyor and Loss Assessor is in compliance with all the regulatory requirements before applying for surrender of license.

(2)          Upon acceptance of the application for surrender, the Authority may pass an order for surrender of license.

(3) The Surveyor and Loss assessor whose license is surrendered and accepted by the Authority shall not carry out any new insurance claims related survey and loss assessment work thereafter.

A license issued before the commencement of these Regulations, by the Authority shall be deemed to have been

issued in accordance with these Regulations.

Provided that all those Surveyors and Loss Assessors who are not compliant with the requirements stipulated in

clause (a) and (b) of sub-section 1 of Section 64UM of the Act shall become compliant within a period of three

years from the date of notification of these Regulations failing which their license shall cease to be valid

automatically.

Regulation 27 Transitory Provisions shall be substituted, namely:

Qualification Requirement for Existing Licensed Surveyors and Loss Assessors

A license issued before the commencement of these Regulations, by the Authority shall be deemed to have been issued in accordance with these Regulations. The existing licensed Surveyors and Loss Assessors who do not possess qualifications as specified in these Regulations, or those license holders who possess categorization letter issued by the Authority, are not required to acquire fresh qualifications as specified in these Regulation for their already licensed departments.

Provided if a licensed Surveyor and Loss Assessor seeks to obtain a similar license for acting as a surveyor in a new department of general insurance business other than for which he has already been licensed, he has to fulfill the qualifications and other eligibility criteria with respect to such new department as specified in these Regulations and shall apply for upgradation of license.

Annexure-1

For Fire, Marine Cargo, Engineering and Miscellaneous LOB, Diploma in Engineering of three years duration has been added as the eligible qualification.