BYE LAWS

Institution of Estate Managers & Appraisers

GRIEVANCE REDRESSAL MECHANISM

The Organisation has the following Grievance Redressal Policy providing the procedure for receiving, processing, redressing and disclosing grievances against the Organisation or any member of the Organisation.
The Members of the Grievance Redressal Committee ( here in after refered to as the said committee in short) are as follows:-
(a) Mr. Soumitra De -- CHAIRMAN
(b) Dr. Visvarup Chakravarti -- MEMBER
(c) Mr. Subrato Dutt -- MEMBER

1.1 The following persons are eligible for lodging complaints
a) Any valid member of the Organisation
b) Any person who has engaged the services of the concerned members of the Organisation
c) Any other person or class of persons as may be provided by the Governing Board.

1.2 The said committee, after examining the grievance, may-
a) Dismiss the grievance, if it is devoid of merit, by recording the reason thereof.
b) Initiate a conciliation proceeding between parties for redressal of grievance, in appropriate cases.

1.3 The said Committee shall refer the matter to the Disciplinary Committee, wherever the grievance warrants disciplinary action, considering the nature/gravity of the case. In the this connection the decision of the said committee is final.

2 The format and manner for filing grievances
Grievances shall be communicated in writing preferably on the prescribed format (Annexure A and B ), which is also available on demand from the office of the organization and must include the following:
• Name, Address and designation of the complainant along with the registration number if he/she is a member of the organisation.
• E-mail address of the complainant, where the complaint is sent by post • Registration number of the Registered Valuer and RVO membership number against whom complaint is made
• Nature and details of the case to which the complaint relates • Legible copies of documents, if any, to ascertain or support the complaint must be attached.

2.1 Maximum time and format for acknowledging receipt of a grievance.
The complaint should be lodged with the organization as per the prescribed manner by the complainant at the earliest within the reasonable time but not later than 2 months from the date of occurance. However, the said time limit can be extended by the said committee if sufficient ground is shown by the complainant up to the satisfaction of the committee. In this regard the decision of the said committee is final.

3 Maximum time for the disposal of the grievance by way of dismissal, reference to the Disciplinary Committee or the initiation of mediation.

3.1 Every grievance shall be disposed off within a period of 30 days from the receipt of all necessary information as well as the relevant papers required by the said committee.

3.2 Acknowledging receipt of a grievance
An acknowledgement shall be sent by the said committee to the complainant within seven working days of the receipt of the grievance and shall contain:
• Date of receipt of complaint/grievance
• Unique Grievance Number
• Name, Designation and Contact details of the members of the said committee.

4 Details of the mediation mechanism

4.1 After receiving the complaint, if the member of the said committee think it proper to settle the grievance by way of conciliation between the parties, the said committee will hear both the parties on a date fixed after giving reasonable opportunity to place their grievances and will try to find out mediation mechanism to redress the grievances. In that event the said committee will pass appropriate order, which will be binding upon both the parties.

5 . Provision of a report of the grievance and mediation proceedings to the parties to the grievance upon dismissal or resolution of the grievance.

5.1 The decision of the said committee either in case of dismissal of grievance or resolution of the grievance will be communicated to the complainant and concerned parties within the stipulated time said above.

6 Action to be taken in case of malicious or false complaints

6.1 In case the said Committee, on investigation of the complaint, finds that a false complaint has been made or that a complaint has been made with a malicious intent, the Committee shall take such reasonable steps forthwith as they deem necessary to curb the initiation of such false and malicious complaints. The decision of the said committee is final in this regard.

6.2 A mere inability to provide adequate proof to substantiate the complaint shall not be construed as false and malicious complaint.

7 Maintenance of a register of grievances made and resolutions arrived at.
The Organisation shall preserve records in physical or digital pertaining to grievance/complaint received, resolution and closure of the grievance for 5 years.

8 Periodic review of the Grievance Redressal Mechanism.
There will be periodic review of the entire mechanism twice in a year to streamline the said mechanism.

Disciplinary Policy of Institution of Estate Managers & Appraisers (I.Esma)

Contents
1. Preamble
2. Objective
3. Making a Complaint
4. Initial Assessment
5. Show Cause Notice to the Party
6. Rights and Obligations of the parties
7. Hearing
8. Order by the Disciplinary Committee
9. Appeal

PREAMBLE
As per Institution of Estate Managers & Appraisers (I.Esma) may initiate disciplinary proceedings by issuing a show-cause notice against members
a. based on a reference made by the Grievances Redressal Committee;
b. based on monitoring of members;
c. following the directions given by the IBBI or any Court of Law; or
d. suo moto, based on any information received by it.

OBJECTIVE
The Disciplinary Policy of (I.Esma) provides for the following:
a. the establishment of a Disciplinary Committee and an Appellate Committee
b. the manner in which the Disciplinary Committee may ascertain facts
c. the issue of show cause notice based on the facts
d. disposal of show- cause notice by a reasoned order, following principles of natural justice
e. timelines for different stages of disposal of show-cause notice
f. rights and obligations of parties to the proceedings

The Organisation may initiate disciplinary proceedings by issuing a show-cause notice against members-
(a) based on a reference made by the Grievances Redressal Committee;
(b) based on monitoring of members;
(c) following the directions given by the authority or any court of law; or
(d) suo moto, based on any information received by it. In that event reason for initiation of such proceedings should be recorded.

The Organisation have a Disciplinary Committee, having the following members. ( here in after refered to as the said committee in short)
(a)Mr. Raj Kumar Banerjee -- CHAIRMAN
(b)Mr. Debasis Kundu -- Member
(c)IBBI Representative -- Member

The Organisation have a Disciplinary Policy, which shall provide for the following –
The (a) The said committee will initiate the facts finding process by considering the relevant documents.
(b) The said committee will issue of show-cause notice based on the facts upon the member against whom the complaint is lodged, asking him to reply to the show cause within a period of fortnight.
(c) Disposal of the reply to the show-cause notice by a reasoned order, following principles of natural justice. In this regard the concern member should be given an opportunity of being heard by following the principle of natural justice.
(d) The disposal of show cause notice will be made within a period of 4 weeks from the date receipt of the reply to the show cause notice.
(e) While conducting the disciplinary proceedings by the said committee, the disciplinary committee will hear all the concerned parties by an giving opportunity of being heard as per the principles of the natural justice. The committee shall also allow both the parties to rely upon the relevant documents in support of their cases. In any event only the concerned parties would be allowed to represent their cases before the said committee.

(2) After hearing both the parties and considering the relevant documents, relied upon both the parties, the said committee will pass the reasoned order within a period of 4 weeks from the date of conclusion of said proceedings. The said Committee has the power to pass the following orders as it deems fit and proper-
(a) Expulsion of the member;
(b) Suspension of the member for a certain period of time as may be decided by the said committee.
(c) Admonishment of the member.
(d) Imposition of monetary penalty, as may be decided by the said committee.
(e) Reference of the matter to the authority, which may include, in appropriate cases, recommendation of the amount of restitution or compensation that may be enforced by the authority; and
(f) directions relating to costs as may be decided by the said committee.

(3) The Disciplinary Committee shall pass an order for expulsion of a member if it has found that the member has committed-
(a) An offence under any law for the time being in force, punishable with imprisonment for a term exceeding six months, or an offence involving moral turpitude;
(b) A gross violation of the Act, rules, regulations and guidelines issued there under, bye-laws or directions given by the Governing Board which renders him not a fit and proper person to continue acting as a registered valuer.
(4) Any order passed by the Disciplinary Committee shall be placed on the website of the Organisation within seven days from passing of the said order, with one copy each being provided to each of the parties to the proceeding.
(5) Monetary penalty received by the Organisation under the orders of the Disciplinary Committee shall be used for the professional development.
25. (1) An Appellate Panel will be constitutated by the Govering Board, as here under :
One independent director of the Organisation, One member each from amongst the persons of eminence having experience in the field of law and field of valuation
One member nominated by the authority.
(2) Any person aggrieved of an order of the Disciplinary Committee may prefer an appeal before the Appellate Panel within thirty days from the receipt of a copy of the final order.
(3) The Appellate Panel shall dispose of the appeal in the manner it deems expedient, within thirty days of the receipt of the appeal.

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