Section 8 in The Insurance Surveyors And Loss Assessors (Licensing, Professional Requirements And Code Of Conduct) Regulations, 2000
8. Procedure where license is not to be granted or renewed, or where license is to be suspended or cancelled
.-(1) Where an applicant does not satisfy the provisions of the Act and these regulations, the Authority may reject the application for grant of license or renewal thereof and refund to the applicant not more than 60 per cent. of the fee received:Provided that no application shall be rejected unless the applicant has been given a reasonable opportunity to make good the application within a time frame as may be deemed appropriate by the Authority, according to the facts and circumstances of each case.(2)The refusal shall be communicated to the applicant within thirty days of such refusal, stating the grounds of rejection.(3)Where it is found that a surveyor and loss assessor suffer from any of the disqualifications or has knowingly contravened any provisions of the Act or the IRDA Act, or the rules or regulations made under those Acts or any order or direction or instruction issued by the Authority, the Authority may, after giving such surveyor and loss assessor an opportunity of being heard, cancel his license, with effect from such date as may be specified by it and the Authority shall notify such cancellation in the Official Gazette.(4)The Authority may refuse to grant or renew license, or suspend or cancel a license already granted, to a surveyor and loss assessor, if he/it-(i)fails to discharge the duties and responsibilities in a satisfactory and professional manner; or(ii)violates the code of conduct prescribed under these regulations; or(iii)makes a statement which is false in material particulars with regard to the eligibility for obtaining license or has, after the issue or renewal of such license, acquired any of the disqualifications provided under sub-section (4) of section 42 of the Act, read with clause D of sub-section (1) of section 64-UM of the Act:Provided that the Authority shall give a reasonable opportunity, to the person concerned, of being heard, before such refusal or suspension or cancellation. The Authority shall notify only cancellations in the Official Gazette:Provided further that the powers conferred on the Authority in this sub-regulation are without prejudice to the powers conferred on it by sub-section (7) of section 64-UM of the Act.(5)The refusal or suspension or cancellation of license referred to in sub-regulation (4) shall take effect from the date of such refusal, suspension or cancellation, as the case may be, and, no such surveyor and loss assessor shall carry out any survey and loss assessment work thereafter, including the jobs on hand. All such pending jobs shall be returned by him/it to the insurer or the insured, as the case may be.
