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PLIGHT OF INSURANCE SURVEYORS' PROFESSION vizaviz IRDAS APATHY By:

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IIISLA Call for strike for 7th & 8th Dec, 09 & Developments ... This is also violative of sub section 5 of section 64 UM and the regulations made by IRDA. ... – PowerPoint PPT presentation

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Title: PLIGHT OF INSURANCE SURVEYORS' PROFESSION vizaviz IRDAS APATHY By:


1
IIISLA Call for strike for 7th 8th Dec, 09 
Developments related to this Joint meeting of
Central Council all the Zonal Councils held on
11.11.09 at Nagpur endorsed the protest of 4th
Nov, 09 at Delhi unanimously called for two
days strike for 7th 8th Dec, 09. A call for
the same was given by the President. Ministry of
Finance had taken a notice of these developments
had called for talks. Due to this, the strike
plan was postponed till further notice. A
presentation was given to the Joint Secretary
(Insurance), Ministry of Finance, Govt of
India on the burning issues of IIISLA pending
with IRDA on 1st Dec, 09. The Joint Secretary
gave assurance to look into the matter interact
with IRDA, but at the same time advised us to
concentrate also on other important tasks of
education, training, code of conduct its
enforcement and disciplinary matters incld
redressal of public grievances  etc so that, at
the time of granting of Chartered status, there
is no problem to the concerned authorities.
Presentation is attached herewith for
information of the members.
2
PLIGHT OF INSURANCE SURVEYORS' PROFESSION
viz-a-viz IRDAS APATHY By-
  • Indian Institute Of Insurance Surveyors Loss
    AssessorsPromoted by IRDA Govt of India

3
Indian Institute of Insurance Surveyors Loss
Assessors (IIISLA)
  • IIISLA was promoted by IRDA under directions of
    Ministry of Finance, Govt of India to provide
    eventually for a self regulatory body for the
    profession of Surveyors Loss Assessors.
  • Management of IIISLA was handed over to its
    elected council in December, 2007.

4
  • Right from its inception, the elected Council had
    taken up with IRDA for solution of some of the
    basic burning issues of the profession pending
    since categorization done in the year 2000.
  • Some more problems had cropped up in the
    profession due to privatization. These were also
    taken up with IRDA and are pending since last 2
    years.
  • Insurance Act, 1938 is under process for
    amendment the Surveyors are having their
    apprehensions regarding amendments to provisions
    for their profession under section 64UM.

5
OBJECTIVES of PRESENTATION
  • To provide for realy independent, competent
    professional surveyors in an insurance
    environment of competition detariffing.
  • To provide for continuous monitoring control on
    such Surveyors by some self regulatory
    organisation for sustaining standards.
  • The above, in turn, would ensure

6
  • To enhance customer confidence in insurance and
    its systems.
  • To provide for customer protection
  • To minimise disputes litigation between the
    Insured the Insurer
  • To explore fully the contributions of insurance
    to the growth health of National Economy.

7
PRESENT SCENE OF PROFESSION
  • CATEGORISATION
  • In the year 2000, IRDA categorized Surveyors
    with clear understanding of promotion
    protection of Junior Surveyor who would
    ultimately rise to be a senior surveyor. No
    system of up-gradation is devised till date.
  •   Surveyors were asked by IRDA to choose only 3
    departments out of 5 even if they were accredited
    qualified by IRDA for all the 5 departments.
  • Some Surveyors had taken stay from courts against
    limit of 3 deptts and are working in all the 5
    deptts. IRDA neither got the stay vacated over
    10 years nor opened the field for all.

8
PRESENT SCENE OF PROFESSION
  • VIOLATION OF 64 UM
  • Insurers Employee Surveyors
  • Most of the Private Insurers have their own
    employees who survey assess losses even for
    more than Rs. 20,000/- and are violating the
    Act. 
  • Spirit of the Act is to provide for an
    Independent person between the Insured the
    Insurer to assess the loss.
  • An employee of Insurer will always be biased in
    favor of his employer.

9
PRESENT SCENE OF PROFESSION
  • CONTRACT SURVEY
  • Some of the firms have started as  Service
    Provider and managed to take Contracts on all
    India basis from private Insurers. Such firms are
    using this profession as a Business whereby
    quality is not maintained and leads to unethical
    practices to the detriment of the consumer. This
    is also violative of sub section 5 of section 64
    UM and the regulations made by IRDA.

10
PRESENT SCENE OF PROFESSION
  • AMENDMENT OF INSURANCE ACT
  • IRDA is proposing to delete section 64 UM of the
    Act bring the profession under control of the
    regulations made by IRDA.
  • Experience of the Surveyors for the last 10
    years regarding regulation of the profession by
    IRDA, shows that they have finished the basic
    spirit of the Act which stipulated an independent
    person between the Insured the Insurer to
    interpret the contract.

11
PRESENT SCENE OF PROFESSION Contd.
  • IRDA is planning to increase above limit of Rs.
    20,000/- to Rs. 1,00,000/- in order to help the
    Private Insurers kill our protest of violation
    of the Act. This would  finish Junior Surveyor
    from Grass Root level as 90 of claims fall under
    Rs. 1 lac. After few years entire profession will
    be finished. This would also finish IIISLA 
    promoted by IRDA at the instance of Govt of
    India.

12
IRDAS APATHY
  • Surveyors had been pleading with IRDA since the
    year 2000 on categorization matters under the
    aegis of Institute of Insurance Surveyors
    Adjusters (IISA) till 2008 later under the
    banner of IIISLA, but IRDA has paid no heed.
  • IIISLA had raised the expectations of the
    Surveyors as the same was promoted by IRDA
    themselves and there are nominees from IRDA, Govt
    of India (Minstry of Finance) General Insurance
    Council in its Board of Directors.

13
IRDAS APATHY Contd.
  • FRUSTRATION OF MEMBERS
  • IRDAs apathy towards representations by IIISLA
    has alienated its members. Out of about 5500
    members, only 3000 members renewed their
    membership this year, it has further gone down
    to only 2300.
  • Members are not responding even to the training
    programs of the Institute whereas earlier, we
    used to refuse entry due to capacity constraints.

14
IRDAS APATHY Contd.
  • Members are pressing IIISLA for demonstrations
    Road shows to press for their representations
    create public opinion against IRDAs inaction

15
IIISLA RECOMMENDATIONS
  • Categorization to be scrapped in its present form
    of ABC.
  • It may be indicated in terms of grades of
    membership of IIISLA as Licentiate, Associate
    Fellow. This may necessitate to make membership
    of IIISLA mandatory. System of up-gradation would
    be automatic as per IIISLA membership
    regulations.
  • Limit of 3 departments be removed. Those who
    qualify for more departments have the capacity
    to work in more, should be allowed.

16
IIISLA RECOMMENDATIONS
  • Insurers employee surveyors should be banned
    from doing survey work in order to provide for
    independent unbiased assessment of losses. It may
    be expressly provided in the act by amendment.
  • Contract survey system should be banned as it
    breeds corruption, lowers quality diminishes
    independent assessment to the detriment of the
    consumer.

17
IIISLA RECOMMENDATIONS
  • Section 64 UM of the Act be retained in the act
    after appropriate amendments in view of the
    experience of privatization. Profession should
    not be brought under IRDA regulations only. If
    necessary, it may be brought under regulations of
    Self regulating organisation of IIISLA.
  • Limit of Rs. 20000/- for mandatory requirement of
    independent survey report be abolished
    altogether in order to protect the interests of
    the policy holder.

18
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