You are on page 1of 42

Annexure B

Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
S.no Existing provision Proposal in the draft Rationale IIISLA Response
1. Regulation 2(4) Regulation 3.1. Working Group constituted for revisiting Regulations should have some sort of
“Associate Member” Regulation 2(4) is omitted. regulations recommended to delink licensing from consistency in their approach and
means any Licentiate IIISLA membership based categorization and methodology, which is seen lacking
Member and holding classification. Accepted the recommendation right from 2000, 2013, 2015 and now
valid Surveyor & Loss made by the Working Group for simplifying the 2020. Every time the Regulations
Assessor License process of licensing. come up with different logic,
continuously for a methodology and parameters.
period not less than 8 As per the Sec.64 UM of the Insurance Act, (1) Save
years and upon as otherwise provided in this section, no person Here there is no mention of license.
fulfilment of other shall act as a surveyor or loss assessor …, unless SLA is to possess qualifications
criteria set out in he—(a) possesses such academic qualifications as prescribed by the Authority in the
Regulation 15(1)(a)(ii). may be specified by the regulations made under Regulations made under the Act, and
this Act; and (b) is a member of a professional body shall be a member of IIISLA.
of surveyors and loss assessors, namely, the Indian
Institute of Insurance Surveyors and Loss To validate qualification of the
Assessors(IIISLA). Therefore, the levels need not applicant, one time registration is
be part of the Regulations. However, IIISLA may sufficient. Membership level is a
continue to function to meet its objectives of must in a professional body, for the
incorporation and have different levels of Industry to understand the standing
membership. of the member in the profession.
This is the practice in other
professional bodies like ICAI, on the
model of which IIISLA was to be
modeled.

Licence, if authority wants to


continue should be have the two
parameters incorporated in it; that
the licence is issued as the applicant
fulfills the qualification criterion
prescribed in the regulations, and is a
member of IIISLA as per membership
no…………, without which the licence
Page 1 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
validity itself will be in question.

2. Regulation 2(5) 3.2 Regulation 2(5) shall Deleted a Firm formed under Partnership Act, 1932 Act provided and named 'approved
“Corporate Surveyor” be substituted, namely, from the existing definition to allow only serious surveyor', be it individual, or a firm or
means a company “Corporate Surveyor” means corporates to be in this profession. The change is a co., in which all the partners,
incorporated under a company incorporated on prospective basis. directors are qualified as SLAs.
the Companies Act, under Companies Act, 2013
2013 or a Firm formed or an LLP (Limited Liability Amended act 2015, does not mention
under Partnership Partnership) incorporated anything other than qualifications,
Act,1932, or an LLP under LLP Act 2008 and who and membership of IIISLA to be SLA.
(Limited Liability is licensed to act as Surveyor Hence licensing of Corporate has no
Partnership) and Loss Assessor place, as membership of IIISLA or
incorporated under qualifications do not apply to
LLP Act 2008 and who Corporate entities but only
is licensed to act as individuals.
Surveyor and Loss
Assessor IIISLA should be left to devise its own
criterion as to deal with Cos, firms;
taking clue from institutions like ICAI.

3. Regulation 2(7) Regulation 3.2 Accepted the recommendation made by the Licence, if authority wants to
“Fellow Member” Regulation 2(7) shall be Working Group to delink licensing from IIISLA continue should have the two
means any Associate substituted, namely: membership for easing the process of licensing . parameters incorporated in it; that
Member holding valid Individual Surveyor means the licence is issued as the applicant
Surveyor & Loss an individual who is licensed fulfills the qualification criterion
Assessor License by the Authority to act as prescribed in the regulations, and is a
continuously for a Surveyor and Loss Assessor member of IIISLA as per membership
period not less than no…………, without which the licence
16 years and fulfills validity itself will be in question.
other criteria as set
out in Regulation When membership of IIISLA is a
15(1)(a)(ii). statutory requirement, enshrined in
the Act, how can it be delinked or
ignored?

Page 2 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020

4. Regulation 2(9) Regulation 3.3 Though IIISLA is promoted by IRDAI under section That IIISLA was promoted by IRDA is
“Institute” means the Regulation 2(9) is substituted 14(2)(f) of IRDA Act, 1999, it has no direct role in a historical fact. IRDA conducted
Indian Institute of with the following: the day to day affairs of the Company. Further, road shows to enroll SLAs as
Insurance Surveyors & “Institute” means the Indian IIISLA, a Section 8 Company under Companies Act, members of IIISLA. The officials of
Loss Assessors (IIISLA) Institute of Insurance is aspiring to become a chartered body in future. IRDA acted as Council of IIISLA and
promoted by IRDAI Surveyors & Loss Assessors Therefore, it felt appropriate to revise the clause carried out initial enrolment. IRDA
under Section 14(2)(f) (IIISLA). accordingly. appointed an ex ED as Advisor /
of the IRDA Act, 1999 Consultant for some time and
and incorporated another officer as Admin head. For
under Section 8 of the some time only nominee directors
Companies Act, 2013. were there as CC, as all the elected
retired by rotation. IRDA, MOF and
GI Council presence still continues at
Board level. Hence such inclusion
cannot be wished away or historical
fact wiped out, by mere amending a
term in definitions.

5. Regulation 2(11) Regulation 3.4 To delink licensing from IIISLA membership When membership of IIISLA is a
“Licentiate Member” Regulation 2(11) is omitted. accepting the recommendation made by the statutory requirement, enshrined in
means any person Working Group for rationalising the process of the Act, how can it be delinked or
holding a valid license licensing . ignored?
issued by the
Authority to act as
Surveyor & Loss
Assessor and fulfills
other criteria as set
out in Regulation
15(1)(a)(ii).
6. Regulation 2(12) Regulation 3.5 For rationalising the process of licensing as We do not see any reason or
“Member” means Regulation 2(12) is recommended by the Working Group . usefulness of such amendment.
Student Member or substituted with the
Licentiate Member or following:

Page 3 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
Associate or Fellow “Member” means Member
Member of the of the Institute.
Institute.
7. Regulation 2(13) Regulation 3.6 The change is made to align Regulations What about Act? Regulations
“Surveyor & Loss “Surveyor and Loss Assessor” precedes or the Act. As per Act SLA I
Assessor” means a means a person who holds one possess (a) qualifications and (b)
person who is licensed valid license issued under member of IIISLA. How can the Act
by the Authority to act these Regulations. provision be ignored by the
as Surveyor & Loss Regulations?
Assessor.

8. Regulation 2(14) Regulation 3.7 Working Group is of the view that the existing Irrational. How can there be a
“Student Member” Regulation 2(14) is pattern of training and examination is acting as a Student Surveyor? There can be a
means any person substituted with the deterrent for new entrants as it makes the Trainee Surveyor under a practicing
who is a member of following: profession unattractive. Instead, the examination Surveyor. Student, Licentiate,
the Institute and who “Student surveyor” means shall include practical orientation. The suggestion Associate and Fellow are the
enrolls himself as a any person who enrolls is accepted for promoting the profession amongst membership levels of IIISLA, brought
trainee with the himself with the Authority younger generation. in by earlier Regulations, and there is
Authority for seeking with an intention to undergo no need to change such criterion
practical training to pre-licensing examination to every now and then on some pretext
obtain a license to act become eligible to obtain a or the other. Law making should
as Surveyor & Loss license to act as Surveyor show some consistency in dealing
Assessor. and Loss Assessor, subject to with terminology.
possessing the required
academic qualifications.

9. Regulation 2(15) Regulation 3.8 Accepted the recommendation made by the Student, Licentiate, Associate and
“Membership level of Regulation 2(15) shall be Working Group for rationalising the process of Fellow are the membership levels of
a Surveyor and Loss omitted. licensing . IIISLA, brought in by earlier
Assessor” means level Regulations, and there is no need to
allotted by the change such criterion every now and
Institute to a Member, then on some pretext or the other.
based on the criteria Law making should show some

Page 4 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
set out in Regulation consistency in dealing with
15 of these terminology.
Regulations
10. Regulation 3(1) Every person who is a Accepted the recommendation made by the Granting license without membership
Every person who is a Student surveyor as defined Working Group for rationalising the process of of IIISLA would constitute violation of
Student Member of under these regulations or a licensing . the Act. Regulations should be
the Institute and person having the essential consistence with the Act. The path
intending to act as a academic / technical needs to be defined as; Applicant
Surveyor & Loss /professional/ insurance should register with IRDAI for
Assessor in respect of qualification having passed validation of qualifications. Such
general insurance pre-licensing examination or registered applicant applies to IIISLA
business shall apply to its equivalent examination for Student Membership and
the Authority for grant specified by the Authority undergoes training. On completion
of license in Form- and intending to act as a of training writes exams. If passed
IRDAI-1-AF as given in Surveyor and Loss Assessor applies to Licentiate membership of
Schedule II to these in respect of general IIISLA, then progresses to Associate
regulations. insurance business shall and Fellow as per length of practice
apply online to the Authority and CPD defined by the Authority /
for grant of License in IIISLA.
FORM–IRDAI-1-AF as given in
Schedule II to these
Regulations.
11. Regulation 3(2) Regulation 4.2 Accepted the recommendation made by the Applicant should register with IRDAI
Eligibility Criteria: 4.2 Regulation 3(2) shall Working Group for rationalising the process of for validation of qualifications. Such
(a) Qualifications: be substituted namely: licensing . registered applicant applies to IIISLA
(i) academic / Eligibility Criteria for Student Membership and
technical/ (a) Qualifications: undergoes training. On completion
professional/Insuranc (i) Academic / of training writes exams. If passed
e Qualifications given technical/ applies to Licentiate membership of
in Schedule I professional/Insurance IIISLA, then progresses to Associate
Annexure–1 of these Qualifications given in and Fellow as per length of practice
Regulations. Schedule I Annexure–1 of and CPD defined by the Authority /
(ii) Other these Regulations. IIISLA.
qualifications as may (b) Passing of pre-

Page 5 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
be specified by the licensing examination Repeated mentioning of licensing
Authority from time to conducted by the Insurance without membership of IIISLA, is not
time. Institute of India, Mumbai in tune with the Act. Authority may
(iii) Shall be a and / or any other Institute have a focused review on this aspect
“Member” of the as may be specified by the to arrive at a rationale conclusion.
Institute. Authority from time to time.
(b) Training:
(i) Practical training
for a period of not less Explanation:
than twelve months as (i) Existing licence
specified in Regulation holder, or any person who
17(1) has already enrolled as
(ii) Such other training trainee, as on the date of
which the Authority notification of these
may specify from time Regulations, and has
to time. successfully passed the
Explanation: Any examination for obtaining a
person who has licence to act as Surveyor
undergone the and Loss Assessor, is
requisite training for exempted from taking pre-
obtaining a license to licensing examination once
act as a again for those subjects
Surveyor and Loss where he is already
Assessor, as stated qualified.
above may have to (ii) For existing student
undergo such other member, who was already
training as may be enrolled before notification
specified by the of these Amendment
Authority. Regulations and yet to pass
(c) Examination: the examination, he shall
Passing of relevant have the option to complete
paper(s) of Surveyor the training and pass the
and Loss Assessor examination as per the then
Examination existing pattern within a

Page 6 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
conducted period of three years from
by the Insurance the date of notification of
Institute of India, these Amendment
Mumbai or any other Regulations or five years
Institute recognized from the date of enrollment,
by the Authority. whichever is later.
Explanation: Any (iii) If any student
person who has, as on surveyor does not pass the
the date of pre-licensing examination
notification of these within three years after
Regulations, enrolment, he/ must enroll
successfully afresh and pass the pre-
completed the licensing examination within
examination for two more years. No further
obtaining a license to extension will be given
act as Surveyor and thereafter.
Loss Assessor, is (iv) Mere enrolment
exempt does not confer any right to
from taking the applicant, to get the
examination once licence. Licence shall be
again stated under issued subject to the
3(2)(c) above subject applicant possessing
to Regulation 3(8)(c). 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

Page 7 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
the relevant examination
earlier.
12. Regulation 3(3) Regulation 4.3 The amendments are made to simplify the process Repeated mentioning of licensing
Documents to be 4.3 Regulation 3(3) shall of issuance of licence. without membership of IIISLA, is not
enclosed: be substituted, namely: in tune with the Act. Authority may
(a) Application in Documents to be submitted: have a focused review on this aspect
Form-IRDAI-1AF duly a. Application in Form- to arrive at a rationale conclusion.
complete in all IRDAI-1-AF duly complete in One time registration to validate the
respects. all respects. qualifications criterion prescribed in
(b) Copy of b. Recent passport size the Regulations may be a better
Membership photo option, than licensing and renewal
certificate issued by c. Copy of PAN Card from time to time.
the Institute, d. Address Proof
indicating Student e. Proof of qualification (j) No Objection Certificate from
Membership No, Date (self-attested) employer, if employed (in original)
of Issue, etc. f. Copy of marks sheet
(c) Recent passport in support of having passed (j) to be deleted.
photo the Surveyor and Loss
(d) Copy of PAN Card Assessor pre-licensing
(e) Address Proof examination as provided
(f) Proof of under Regulation 17. For
qualification existing student member,
(notarized) copy of marks sheet in
(g) Training support of having passed the
completion certificate Surveyor and Loss Assessor
(in original) examination along with the
(h) Copy of quarterly training completion
reports (for the certificate.
previous 4 quarters) g. Declaration cum
(i) Copy of marks undertaking for complying
sheet in support of with the code of conduct as
having passed the stated at Sl no 2 of FORM-
Surveyor and Loss IRDAI-1-AF (to be uploaded
Assessor examination in soft form at the time of

Page 8 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
as submission of application
provided under through online) .
Regulation 18 of these h. Any other
Regulations document/information that
(j) No Objection may be required by the
Certificate from Authority from time to time
employer, if employed i. Fit and Proper
(in original) statement as specified in
(k) Affidavit as stated Schedule 1, Annexure 2
at s.no 2 of FORM- j. (Application along
IRDAI-1-AF (to be with fee, documents, duly
uploaded in soft form attested, must be uploaded
at the time of online. If the documents are
submission of not readable or legible,
application through applications will not be
online) considered.)
(l) Self-addressed i. Fit and Proper
envelope of 4.5”x10” statement as specified in
with minimum of Schedule 1, Annexure 2
Rs.40 postage stamp j. (Application along
(m) Demand draft, in with fee, documents, duly
case fee is paid by DD attested, must be uploaded
(n) Details of fee online. If the documents are
payment by RTGS/ not readable or legible,
NEFT, if paid through applications will not be
RTGS/ NEFT considered.)
(o) Any other
document/informatio
n that may be
required by the
Authority from time to
time
13. Regulation 3(5) Regulation 4.5 This is to align with other Regulations of the IRDAI. Acceptable as non refundable fee
Payment of fees - The Payment of fees - The The specific term “non-refundable” is required to towards one time Registration.

Page 9 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
applicant shall pay applicant shall pay non- be mentioned to bring clarity to applicants.
fees as provided refundable processing fees
under Regulation 5, as provided under
through online net Regulation 5 through various
banking / RTGS/ NEFT/ modes recognized by IRDAI
Demand Draft in and furnish evidence of
favour of IRDAI and payment.
furnish evidence of
payment
14. Regulation 3(8)(b)(iv) Regulation 4.6Regulation Accepted the recommendation made by the Theoretical orientation is not an
3(8)(b) Consideration 3(8)(b)(iv) is substituted with Working Group for doing away with 12 months’ alternative for practical training,
of Application: the following: practical training requirement towards under the supervision of an
Without prejudice to possesses the specified rationalising the process of licensing experienced Surveyor.
the foregoing, the qualifications and has passed
Authority shall take the pre-licensing With such proposal, we are moving
into account the examination conducted by back to pre IRDA days, where training
following and the Insurance Institute of was not mandatory, though new
satisfy itself that the India or any other institute entrants always worked with a senior
applicant: approved by the Authority. to get training.
(iv) possesses the
specified Thus doing away with practical
qualifications, has training will not be in the interest of
undergone practical SLA profession and insurance
training and has industry, in promoting competence.
passed an Proper checks & balances can always
examination be incorporated to curb the
conducted by the malpractices in the name of training,
examination body. if any; but doing away with training is
not a solution.

IIISLA can work out an empowered


independent Education Board to
come up with proper Training and
Evaluation methodology.

Page 10 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
15. 3.8. Consideration of Regulation 4.7 New clause added to improve the performance
application Regulation 3(8)(b)(v) shall be and to bring more credibility to the profession.
inserted:
_ (v) has not acted in a way or
found violating any law
which would be prejudicial
to the interests of the
policyholders.
16. Regulation 3(9) Regulation 4.8 The complete process will be through on-line One time registration to validate the
Grant of license: The Grant of license: The including issuance of Licence. This will help to qualifications criterion prescribed in
Authority on being Authority on being satisfied expedite the process and reduce the time required the Regulations may be a better
satisfied that the that the applicant is eligible for issuance of licence. option, than licensing and renewal
applicant is eligible forfor grant of licence, shall from time to time.
grant of license, grant the same in FORM-
shall grant the same in IRDAI-2-LF as given in the
FORM-IRDAI-2-LF as Schedule II to these
given in the Schedule Regulations. Physical copy
II to these will be issued, only in case of
Regulations, any difficulty in downloading
mentioning the level the licence online, subject to
of membership specific request to be made
granted by the to IRDAI.
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.
17. Regulation 4(4) Regulation 5.1 Revised based on the recommendation made by This is in violation of 64UM as

Page 11 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
There shall be at least 2.2.8. Regulation 4(4) shall the Working Group for simplifying the process of inserted which specified all directors
two directors/ be substituted, namely licensing. and partners (of a firm) shall be
partners in the “There shall be at least two qualified to be SLAs. Such changes
company / firm at any directors/ partners in the are to condemned as such moves
point of time who are company / firm at any point lead to commercialization of SLA
members of time who are licensed to profession and not professional
of the Institute and act as Surveyor and Loss improvement.
are licensed to act as Assessor. Any licensed
Surveyor and Loss Surveyor and Loss Assessor Amended act 2015, does not mention
Assessor. The appointed by a company/ anything other than qualifications,
department and level firm seeking application for and membership of IIISLA to be SLA.
of grant of corporate surveyor Hence licensing of Corporate has no
membership of the license, shall undertake place, as membership of IIISLA or
director/ partner survey jobs and issue survey qualifications do not apply to
under their individual reports only in the capacity Corporate entities but only to
Surveyor and Loss of individuals.
Assessor license shall director/partner/employee
become the of the applicant company/
department and level firm.
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

Page 12 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
applicant company/
firm.
18. Regulation 4(5)(r) Regulation 5.2 For facilitating applicant with multiple payment
Documents to be Regulation 4(5)(r) shall be options.
enclosed: substituted, namely; Details
(r) Details of fee of fee payment
payment by
RTGS/NEFT, if paid
through RTGS/NEFT
19. Regulation 4(7) Regulation 5.3
Payment of fees - Regulation 4(7) is substituted
Shall pay fees as with the following:
provided under Payment of fees- Shall pay a
Regulation 5, through non-refundable processing
online net banking/ fees as provided under
RTGS/ NEFT/ Demand Regulation 5, through
Draft in favour of various modes recognized by
IRDAI and furnish IRDAI and furnish evidence
evidence of payment. of payment.

20. Regulation 4(13) Regulation 5.4 Once the applicant is qualified and eligible to get All qualified will be given
Grant of License : The In Regulation 4(13), the licence from IRDAI, the membership of IIISLA membership of IIISLA, on production
Authority, on being words, “and membership should be given automatically to comply with the of validation of qualification doc from
satisfied that the level” shall be omitted mandatory requirements. IRDAI, subject to fit & proper
applicant is eligible for criterion devised by IIISLA.
grant of license, shall
grant the same in License, if insisted to be given by
Form-IRDAI-4-LF as Authority, should not be given
given in the Schedule- without membership of IIISLA.
II to these
Regulations, indicating Membership of IIISLA cannot be given
the departments and to Employees, as SLA is an
membership level of intermediary; and is not supposed to
the corporate align with either party to insurance

Page 13 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
surveyor and loss contract.
assessor

21. Regulation 4(15)(1) Regulation 5.5 & 5.6 Doing away with IIISLA membership related
and 4(15)(3) Regulation 4(15) (1) and 4 conditions based on the recommendation made
4(15) Conditions of (15) (3) the following words by the Working Group for rationalising the process
License: shall be deleted: of licensing
1. Upon grant of “…..and level of
Corporate Surveyor membership“after the words
and Loss Assessor “in those department” shall
license, the company/ be omitted:
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

Page 14 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
shall undertake survey
jobs only in those
departments and level
of membership
allotted to him/ her
under his/ her
individual license
22. Regulation 5 read with Regulation 6.1 The fee is made non-refundable in line with other
Regulation 7(2) Regulation 5 shall be intermediaries.
Regulation 5: The fee substituted with the
payable to the following: For corporate, the fee is enhanced to Rs. 5000/-
Authority by fresh The non-refundable
applicants for grant of processing fee payable to
license to act as the Authority by fresh
Surveyors applicants seeking for grant
and Loss Assessors of individual license to act as
shall be one thousand Surveyor and Loss assessors
Rupees plus applicable shall be rupees one
service tax as thousand and shall be
prescribed by Central rupees five thousand for
Government from grant of Corporate license
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.
23. Regulation 6(1) Regulation 6.2 Changes are made for rationalising the process of
Regulation 6(1):An 6.2 Regulation 6 (1) shall licensing.
application for be substituted, namely: For renewal of individual, the non-refundable fee

Page 15 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
renewal of Surveyor (1) Surveyor and Loss remains Rs. 1000/- and Rs. 5000/- for individual
and Loss Assessor Assessor shall submit the and corporate SLAs respectively.
license including application for renewal of Renewal and late fee for renewal is aligned with
online submission of licence to the Authority in the provisions of Sec. 42 D of Insurance Act.
application the form specified under
for renewal, shall IRDAI-5-AF for Individual
reach the Authority at Surveyor and IRDAI-6-AF for
least thirty days Corporate Surveyors, atleast
before the expiry of thirty days before the expiry
the period of validity of licence, along with a non-
thereof, refundable renewal fee of
(a) in FORM-IRDAI-5- rupees one thousand for
AF (for individuals) Individual Surveyors and
(b) in FORM-IRDAI-6- rupees five thousand for
AF (for Corporate Corporate Surveyors.
Surveyor and Loss
Assessors) as given in Provided that if renewal is
the Schedule-II to not applied atleast 30 days
these before the date on which the
Regulations, along licence ceases to remain in
with a renewal fee of force, an additional fee of
one hundred rupees rupees one hundred shall be
plus applicable service payable by the applicant to
tax as prescribed by the Authority.
Central Government
from time to time. Provided further that the
Provided that the Authority may, if it is
Authority may, if it is satisfied that undue hardship
satisfied that undue would be caused otherwise,
hardship would be accept any application
caused otherwise, submitted after expiry of the
accept any licence, within six months of
application, within six its expiry on payment by the
months of its expiry applicant of a penalty of

Page 16 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
on payment by the rupees seven hundred and
applicant of a penalty fifty.
of seven hundred and Provided further that if an
fifty rupees. application for renewal is not
Provided further that received within the time
a license not so specified above the licence
renewed ceases to shall ceases to exist.
exist. However, an Provided further that, if
application from such Authority is satisfied that
surveyor undue hardship would be
and loss assessor caused or otherwise, an
whose license has application from such
ceased to exist can be surveyor and loss assessor
treated as fresh whose licence has expired
application and and the application is not
processed under submitted within six months
Regulation 3 or from the date of expiry, can
Regulation 4, and such be treated as a fresh
applicant shall be application taking into
allotted Licentiate account the eligibility
level of Membership criteria, existing, at the time
in the of receipt of such
license issued by the application.
Authority. 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.
24. Regulation 6(3) Regulation 6.3 Based on the recommendation made by the

Page 17 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
Documents to be 6(3) shall be substituted, Working Group for rationalising the process of
submitted namely: renewal, requirements are reduced to include only
(a) In case of Documents to be submitted material changes in respect of license to be
Individual: online for renewal furnished at the time of renewal viz. qualification
(i) Application in (a) In case of and address.
Form-IRDAI-5-AF duly Individual:
completed in all (i) Application in Form-IRDAI- Fit and Proper Statement requirement included to
respects. 5-AF duly completed in all obtain material information of applicant.
(ii) Recent photo respects.
(iii) Copy of PAN Card (ii) Recent photo
(iv) Address Proof (iii) Address Proof, in
(v) Proof of case of change in the
qualification address,
(notarized) (iv) Proof of qualification
(vi) No Objection (self-attested) in case of
Certificate from upgradation, if any
employer, if employed (v) No Objection
(in original) Certificate from employer, if
(vii) Work there is a change of
performance in Form– employment
IRDAI-12 (to be (vi) Declaration cum
uploaded in soft form undertaking as stated under
for previous 3 Sl no 2 of FORM-IRDAI-5-AF
financial years) (vii) Fit and Proper
(viii) Affidavit as statement as specified in
stated under s.no 2 of Schedule 1, Annexure 2 (tick
FORM-IRDAI-5-AF on line)
(ix) Copy of (viii) Any other
Membership document/information that
Certificate issued by may be required by the
the Institute. Authority from time to time
(x) Self-addressed (b) In case of corporate
envelope of 4.5”x10” surveyors:
with minimum of (i) Application in Form-

Page 18 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
Rs.40 postage stamp IRDAI-6-AF duly completed
(xi) Demand draft, in in all respects.
case fee is paid by DD (ii) one recent photo of
(xii) Details of fee directors/partners
payment by RTGS/ (iii) Copy of Surveyor and
NEFT, if paid through Loss Assessor licence of
RTGS/ NEFT directors/ partners and their
(xiii) Any other Membership details
document/informatio (iv) Copy of Certificate of
n that may be Incorporation issued by ROC
required by the in case of company
Authority from time to (v) Copy of Partnership Deed
time in case of a firm duly signed
(Copies of documents by all the partners
at s.no (iii) to (ix) shall (vi) Copy of Memorandum
be notarized) and Articles of Association of
(xiv) Proof of sole the company
proprietor registration (vii) Copy of Form no DIR-12
with local authorities, filed with ROC
in case applying for (viii) Copy of Form no INC-
sole proprietorship 22/23 filed with ROC
(notarized) (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

Page 19 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
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.
25. Regulation 6(5) & (6) Regulation 6.4
(5) The Authority on (5) The Authority on being
being satisfied that satisfied that the applicant is
the applicant is eligible for renewal of
eligible for renewal of licence, shall renew the
licence, shall renew same
the same (a) in Form–IRDAI-7-LF in
(a) in Form–IRDAI-7-LF case of individuals
in case of individuals (b) in Form–IRDAI-8-LF in
(b) in Form–IRDAI-8-LF case of Corporate Surveyor
in case of Corporate and Loss Assessor in the
Surveyor and Loss format given in the
Assessor in the format Schedule-II to these
given in the Schedule- regulations.
II to these regulations. (6) A licence so renewed
(6) A licence so shall be valid for three years
renewed shall be valid from the date of renewal

Page 20 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
for three years from unless cancelled /
the date of renewal suspended/
unless cancelled terminated/surrendered
earlier. earlier.

26. Regulation 7(2) Regulation 7 Fee is made non- refundable.


Where the application Regulation 7(2) is omitted.
for grant of license is
rejected, a refund of
60% of the applicable
fee received shall
be made to the
applicant.
27. Regulation 8(1) Regulation 8 Many surveyors are obtaining license without
NEW In Regulation 8(1), point (c) carrying out the survey work. This is to encourage
shall be inserted, namely: those who have taken this profession as a full time
The /surveyor and loss career.
assessor has not carried any
of the duties and
- responsibilities as specified
in Regulation 13.
28. Regulation 12(2) a), b) Regulation 12(2) a), b) The limits to assess loss under a policy of insurance Many other clauses show the reason
Surveyors and Loss shall be substituted, namely: in respect of Motor insurance and other than as 'accepted WG recommendation'.
Assessors shall be a) Motor insurance- Motor insurance needed a review as per This clause has no such reason, as the
appointed either by above Rs. 75,000/- Regulations. The enhancement of limits for small WG has debated, but dropped the
insurers or insured to b) Other than motor claims will help to utilize the manpower available issue and the same is not found in the
assess loss under a insurance- above Rs. 1, within the insurance company for survey work up recommendations.
policy of insurance in 50,000 to the loss limits so that such small claims are
respect of settled expeditiously. Authority has prescribed form 19 in
(a) Motor insurance – the Regulations (first amendment)
above Rupees fifty 2017. But no such information / data
thousand of utilization of SLAs are made

Page 21 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
(b) Other than motor available for a study. The average
insurance – above claim size is Rs.28,000 in Motor OD.
Rupees one lakh Then how an increase is justified
- from the existing 50,000 limit?

It would be prudent to revise it


downwards to Rs.25,000 to be
realistic, if the concept of all claims to
be surveyed by independent SLAs is
not acceptable.

The loss amount should also be


specified as 'Estimated Loss'.
29. Regulation 12(3) Regulation 9.1 This limit to be reviewed from time to time by the
The above mentioned Regulation 12(3) shall Authority instead of three years.
limit shall be reviewed substituted namely.
every three years by The limits may be reviewed
the Authority. by the Authority from time
to time
30. Regulation Regulation 10.1 Accepted the recommendation made by the
13(1)(i):commenting Regulation 13(1)(i) is Working Group.
on the admissibility of substituted with the
the loss as also following:
observance of “comment on the
warranty conditions admissibility of the claim and
under the policy assess the liability of the
contract; insurer as per the policy
terms and conditions”
31. Regulation 13(1)(k) Regulation 10.2 Working Group has reviewed the duties and
and 13(1)(l) Regulation 13(1)(k) and responsibilities stipulated in Regulation 13 and
(k) assessing liability 13(1)(l) shall be omitted. recommended additions and deletions pertinent to
under the contract of practical aspects of insurance survey and loss
insurance; assessment.
(l) pointing out

Page 22 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
discrepancy, if any, in
the policy wordings;
32. Regulation 13(2), Regulation 10.3 The timelines are amended in accordance with
13(3), 13(4) and 13(5) Regulation 13(2), (3), (4) and Regulation 15 of IRDAI (Protection of
13(2) A surveyor or (5) shall be substituted, Policyholders’ Interests) Regulations, 2017
loss assessor whether namely:
appointed by insurer
or insured, shall 13 (2) A surveyor and loss
submit his report to assessor, shall start the
the insurer as survey immediately, in any
expeditiously as case within 72 hours of his
possible, but not later appointment, unless there is
than 30 days of his a contingency that delays
appointment, with a immediate survey. The
copy of the report to Surveyor and loss assessor
the insured shall, within 7 days of the
giving his comments claim intimation, inform
on the insured’s insurer/claimant of the
consent or otherwise essential documents and
on the assessment of other requirements that the
loss. Where, in special claimant should submit in
circumstances of the support of the claim.
case, either due to its
special and 13(3) The surveyor shall
complicated nature, submit Interim report of the
the surveyor shall physical details of the loss
under intimation to within 15 days from the date
the insured, seek an of first visit of the site and
extension, in any case submit final survey report to
not exceeding six the insurer within 30 days
months from the from date of submission of
insurer for submission last relevant and necessary
of his report. document by the insured.

Page 23 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
13(3) In cases where 13(4) Where special
the Survey report is circumstances exist in
pending due to non- respect of a claim, either due
completion of to its special / complicated
documents, the nature, or due to difficulties
surveyor may issue associated with
the final replacement/ reinstatement,
survey report the surveyor shall seek an
independently based extension from the insurer
on the available for submission of his report.
documents on record,
giving minimum three 13 (5) In cases where
reminders in the Survey report is pending
writing to the insured. due to non- submission of
relevant documents, the
13(4) If an insurer, on surveyor may issue the final
the receipt of a survey survey report independently
report, finds that it is based on the available
incomplete in any documents on record, giving
respect, he shall minimum three reminders in
require the writing to the insured. If an
surveyor under insurer, on the receipt of a
intimation to the survey report, finds that it is
insured, to furnish an incomplete in any respect,
additional report on he shall require the surveyor
such incomplete under intimation to the
issues. Such a request insured, to furnish an
may be made by the additional report on such
insurer within 15 days incomplete issues. Such a
of the receipt of the request may be made by the
original survey report. insurer within 15 days of the
Provided that the receipt of the original survey
facility of calling for an report.
additional report by

Page 24 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
the insurer shall not Provided that the provision
be resorted to more of calling for an additional
than once report by the insurer shall
in the case of a claim. not be resorted to more
than once in the case of a
13(5) The surveyor on claim. The surveyor on
receipt of this receipt of this
communication shall communication shall furnish
furnish an additional an additional report within
report within three three weeks of the date of
weeks of the date of receipt of communication
receipt of from the insurer.
communication from
the insurer.
33. Regulation 14(1 Regulation 11.1 Accepted the recommendation made by the
14(1): A Surveyor and Regulation 14(1) shall be Working Group for rationalising the process of
Loss Assessor shall be omitted. licensing and removal of categorisation.
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.
34. Regulation 14(2) Regulation 11.2 Same as above This clause is in clear violation of the
14(2): Every Surveyor Regulation (14) (2) shall be Act. SLA is an intermediary, and how
and Loss Assessor, substituted, namely: can he/she be an employee of one
whether a company or Every licensed Surveyor and party to insurance contract is not
firm or an individual, Loss Assessor, whether comprehensible. Also, the AOA was
shall be eligible to individual or working with a devised by the IRDA as promoter and

Page 25 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
carry on corporate surveyor or such provisions barring membership
the work as a surveyor employee of an insurance to other than independent
and loss assessor, as company, shall be eligible to practitioners only, is sought to be
per the level of carry on the work as a overthrown by the same Authority
membership allotted surveyor and loss assessor, through such regulations.
by the Institute and based on the qualification
specified criteria in compliance with
in the license. Regulations and the licence
issued by the Authority.
35. Regulation 15 Regulation 12.1 As recommended by the Working Group, statutory Not in tune with the amended act
(1) The Institute shall Regulation 15 shall be requirement of membership should be automatic, provisions and AOA of IIISLA. Such
grant appropriate substituted namely provided applicant has paid requisite fee. This will clauses, authoritative in nature and
membership to the Functions of the Institute: encourage young qualified persons to enter into not in tune with the relevant
person eligible, within (1) Membership: this profession. provisions either in the Act or in AOA
15 days from the date a. Every applicant shall Any disciplinary action taken on members by IIISLA of IIISLA are to be shelved.
of comply with the having a bearing on the licence should be brought
receipt of application requirements under Section to the notice of Authority. In case of any
for membership. The 64 UM of Insurance Act,1938 cancellation/ termination of licence by IRDAI,
license issued by the and become a member of cancellation of membership of that licence holder
Authority to act as a the Institute at the time of should be done immediately.
Surveyor and Loss applying for license.
Assessor shall be Provided, in case the
based on the following Institute refuses to issue
criteria, including any membership to any
other criteria as may applicant, for any valid
be specified: reason, the decision must be
(a) Membership informed to the applicant
(i) Licentiate Member: within 15 days from the date
Any person holding a of receipt of application for
valid license issued by membership giving reasons
the Authority to act as for refusal, under intimation
Surveyor and Loss to Authority.
Assessor, and fulfils b. In case of such
other criteria set out refusal of the membership of

Page 26 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
in Regulation 15 (1) Institute, the applicant may
(b). appeal to the Authority.
(ii) Associate member: c. The Authority shall
Any Licentiate consider such appeal for
Member and holding membership and
valid license communicate its decision
continuously for a thereon to the applicant and
period the Institute in writing within
not less than 8 years six weeks of the receipt
and fulfils other thereof and such decision of
criteria set out in the Authority shall be
Regulation 15 (1) (b). binding on the applicant and
(iii) Fellow Member: the Institute.
Any Associate d. In case, Institute
Member and holding does not comply with the
valid license decision of Authority for
continuously for a issuance of membership,
period such applicant holding the
not less than 16 years license of the Authority shall
and fulfils other be eligible to act as an
criteria set out in Approved Surveyor or Loss
Regulation 15 (1) (b). Assessor in terms of Section
Provided that any 64UM of Insurance Act,
person holding a valid 1938.
license issued by the (2) Training, seminars,
Authority as on date workshops and
of examinations:
notification of these a. Post-license training
Regulations may be either directly or online may
issued appropriate be given by IIISLA with
level of membership different modules of training
by the Institute being offered for various
taking into account departments provided that
his/her number of such training, seminars and

Page 27 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
years of continuous workshops of the Institute
previous service as shall have prior approval of
Surveyor and the Authority.
Loss Assessor. b. This is towards
(b) Training, upgradation of knowledge
examination, seminars and skills and is not a pre-
and workshops: requisite for licensing or
(i) The Institute shall renewal.
conduct training, (3) The Authority may
examination, seminars from time to time issue such
and workshops in guidelines, directions or such
India for all the other communication for the
Members and every efficient conduct of the
Member, in order to affairs of the Institute.
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

Page 28 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
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
36. Regulation 16(10) Regulation 13.1 To be deleted as it is redundant after doing away
assist and encourage Regulation 16(10) shall be with the training for the student by the trainer
his colleagues to omitted. surveyor.
obtain professional
qualifications, and, in

Page 29 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
this behalf, provide
free
article ship and/or
practical training for a
period of twelve
months;

37. Regulation 16 (22-26) 13.2 This is to strengthenthe code of conduct 25. Onus to be on insurer to conduct
New In Regulation 16, after sub- requirements for Surveyors and loss assessors. enquiry in case of violation of Code of
regulation (21), the following Conduct by the surveyor appointed
sub regulations shall be by them.
inserted, namely:
22. The surveyor shall not How can this happen? Control and
obtain any direct or indirect disciplinary jurisdiction of an
benefits other than the fee intermediary in the hands of one
agreed upon for loss party to the insurance contract?
assessment.
23. It would be the joint
responsibility of the
surveyor/insurer to
communicate to the insured
the requirements of the
claim.
24. Corporate Surveyors
(directors/partners) must
exercise reasonable and
prudent oversight on all
actions of surveyors
employed by the
company/firm.
25. Onus to be on insurer to
conduct enquiry in case of
violation of Code of Conduct
by the surveyor appointed

Page 30 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
by them.
26. Only a surveyor and loss
assessor duly licensed shall
conduct survey work- both
interim and final assessment.
38. Regulation 17 Regulation 14 Working Group recommendation to do away with
(1) A Student Member Regulation 17 shall be 12 months’ practical training. Thus corresponding
seeking a license to substituted, namely: regulations on trainee applicants needs to be
act as a Surveyor and A Student surveyor or any deleted.
Loss Assessor shall applicant having the
apply and enroll with required qualification, Practical training of one year under a senior
the seeking a license to act as a surveyor is found to be a bottle-neck and is
Authority as Trainee in Surveyorand Loss Assessor required to be done away for rationalising the
FORM-IRDAI-13 as shall apply and enroll with process of licensing. The applicants will have to
given in the Schedule Authority and shall pass pre- undergo mandatory practical training for a specific
II to these licensing examination. The duration which is being developed by NIA in co-
Regulations, after examination may be ordination with IIIISLA and other stakeholders.
having conducted either by the
obtained the Insurance Institute of India
willingness to impart or by an institution
training from his authorized by the Authority.
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:

Page 31 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020

(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/under
take/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

Page 32 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
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

Page 33 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
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

Page 34 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
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.
39. Regulation 18 Regulation 15 The new pattern of pre-licensing examination with Practical training not by SLA member
The Authority may Regulation 18 shall be practical orientation will help to learn about the of IIISLA?
also prescribe the substituted, namely: practical aspects of insurance claim survey and loss

Page 35 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
passing by an As a part of pre-licensing assessment for new applicants aspiring to become
applicant of an examination, the Authority surveyors.
examination on the may also specify mandatory
successful completion hours of practical training
of through an institution
the training prescribed authorized by the Authority.
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.
40. Regulation 21 Regulation 21 The proposed change is towards entrusting more Extract from
Every insurer shall responsibility to the insurers with regard to LAW COMMISSION OF INDIA
submit to the a) Every insurer utilizing the surveyors, monitoring their CONSULTATION PAPER ON
Authority the carrying on general performance and reporting to the Authority REVISION OF THE INSURANCE
ACT 1938 & THE
following: insurance business must wherever violation of IRDAI Regulations is INSURANCE REGULATORY &
(1) File with the have a Board approved established. It expands the obligations of insurers DEVELOPMENT
Authority, annually, a policy with regard to for utilisation of surveyors and for monitoring their ACT 1999
copy of the policy appointment, utilization and performance. June 2003
formulated by the management of different
company, on the classes of surveyors section 64 UM (1A) - Page 24 &
methodology (employee/individual/corpor 25:It has been suggested that
followed for ate). appointment and payment to
appointment of b) Every insurer surveyors/loss assessors should be
surveyors, utilization carrying on general on rotation and controlled by
of surveyors and insurance business shall IRDA with the help of respective
allotment of survey monitor the performance of State Chapter of Institute of
jobs to licensed surveyors, including Surveyor/ Loss Assessor so that
surveyors. compliance with the code of surveyors/loss assessors are

Page 36 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
(2) File with Authority, conduct and the duties and independent of general insurers
changes if any made in responsibilities laid down in and need not to appease the
the policy submitted the regulations. It shall be respective department/ staff/
as stated at sub- the responsibility of the officer/ manager for getting
regulation (1) above, insurer to enquire into case appointment and payment.
within 15 days of such of violation of code of
change with reasons conduct brought to its Please see where the regulations
thereof. notice, conduct the stand in perspective to SLA issues, in
(3) Quarterly report necessary enquiry and light of opinion of statutory /
on misconduct of investigation and report Advisory body's opinion.
licensed surveyors, cases of wherever violation
including, action, if is established, to the
any taken, on the Authority.
employee c) Every insurer
surveyors under the carrying on general
employment rules. insurance business shall file
(4) Half-yearly report Quarterly report on
giving the number of misconduct of licensed
claims reported, surveyors, including, action,
number of claims if any taken, on the
surveyed by in-house/ employee surveyors under
individual/ corporate the employment rules.
surveyors, number of d) Every insurer
claims settled, carrying on general
amounts paid, number insurance business shall
of claims outstanding, maintain the following
amounts involved, details and such records shall
reasons for claims be maintained for a period
outstanding, time of at least five years.
taken for claim • Details of utilization
settlement, claims of surveyors including the
settlement ratio. departments they have been
The report may be used for, along with the
prepared State-wise, estimated claim amount on

Page 37 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
Surveyor wise, the basis of which a surveyor
Amount-wise or on has been appointed;
any other parameter • Details of timelines
considered of submission of reports by
appropriate and surveyors
furnished to the • Details of
Authority. 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

Page 38 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
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.

e) Any other relevant


aspect, as may be specified
by IRDAI from time to time.

41. Reg. 25 (NEW) Regulation 17 Existing regulation are silent on voluntary


Insert the following after surrender of license. Proposed amendment to lay
Regulation 25: down procedure for surrender of license is to fill
25(a) Voluntary Surrender the gap in the existing regulations and to align with
of license: similar provision in other regulations issued by
(1) A Surveyor and Loss IRDAI.
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

Page 39 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
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

Page 40 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
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.
42. Regulation 27 Regulation 18 This is inserted to ensure that the proposed
A license issued Regulation 27 Transitory changes do not adversely affect the existing license
before the Provisions shall be holders in either continuity of the license or its
commencement of substituted, namely: renewal.
these Regulations, by Qualification Requirement
the Authority shall be for Licensed Surveyors and
deemed to have been Loss Assessors
issued in accordance The qualification specified in
with these the regulations are
Regulations. prospective and shall be
Provided that all those applicable to the applicants
Surveyors and Loss who apply for licence to act
Assessors who are not as Surveyor and Loss
compliant with the Assessor after the date of
requirements notification of these
stipulated in Regulations.
clause (a) and (b) of
sub-section 1 of Provided, if an already
Section 64UM of the licensed Surveyor and Loss
Act shall become Assessor seeks to act as a
compliant within a Surveyor and Loss Assessor
period of three in a new department of
years from the date of general insurance business,
notification of these he shall apply for such new

Page 41 of 42
Annexure B
Comparative chart of major changes proposed- Existing Vs Proposed IRDAI (Surveyors and Loss assessors)
(Amendment) Regulations, 2020
Regulations failing department after fulfilling
which their license the qualifications and other
shall cease to be valid eligibility criteria with
automatically. respect to such new
department as specified in
these Regulations. .
43. Schedule-1 Regulation 19 As per Working Group recommendation,
Annexure-1 For Fire, Marine Cargo, expanded academic eligibility criteria for Fire,
Engineering and Marine Cargo and Engineering departments
Miscellaneous LOB, Diploma
in Engineering of three years
duration has been added as
the eligible qualification.
For LOP Line of Business, To expand the scope of work accepted the
B.Tech/B.E, Diploma in recommendation.
Engineering of three years
duration has been added has
the eligible qualification.
For Crop LOB, expanded the To enable more candidates to apply for license in
eligible qualifications to crop insurance .
include B.Sc. Horticulture/
B.Tech (Agricultural
Engineering).

Page 42 of 42

You might also like