Title: PLIGHT OF INSURANCE SURVEYORS' PROFESSION vizaviz IRDAS APATHY By:
1IIISLA 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.
2PLIGHT OF INSURANCE SURVEYORS' PROFESSION
viz-a-viz IRDAS APATHY By-
- Indian Institute Of Insurance Surveyors Loss
AssessorsPromoted by IRDA Govt of India
3Indian 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.
5OBJECTIVES 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.
7PRESENT 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.
8PRESENT 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.
9PRESENT 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.
10PRESENT 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.
11PRESENT 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.
12IRDAS 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.
13IRDAS 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.
14IRDAS APATHY Contd.
- Members are pressing IIISLA for demonstrations
Road shows to press for their representations
create public opinion against IRDAs inaction
15IIISLA 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.
16IIISLA 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.
17IIISLA 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.
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