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TMI BlogInsurance Ombudsman (Amendment) Rules, 2021X X X X Extracts X X X X X X X X Extracts X X X X ..... Insurance Regulatory and Development Authority Act, 1999 (41 of 1999), the Central Government hereby makes the following rules further to amend the Insurance Ombudsman Rules, 2017 (hereinafter referred to as the said rules), namely:- 1. (1) These rules may be called the Insurance Ombudsman (Amendment) Rules, 2021. (2) They shall come into force from the date of their publication in the Official Gazette. 2. In the Insurance Ombudsman Rules, 2017,- (i) for the letters "IRDAI" wherever they occur, the word "Authority" shall be substituted; (ii) for the words "Executive Council of Insurers" wherever they occur, the word "Council for Insurance Ombudsmen" shall be substituted. 3. In rule 4 of the said rules, in sub-rule (1),- (i) for clause (d), the following clause shall be substituted, namely:- '(d) "Council for Insurance Ombudsmen" means the Council for Insurance Ombudsmen constituted under rule 5;' (ii) in clause (e), for the word "established", the word "appointed" shall be substituted; (iii) clause (f) shall be omitted; (iv) after clause (k), the following clause shall be inserted, namely:- '(l) "insurance broker" means a person who has been granted a certifica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Insurance Ombudsman at the beginning of a calendar year including any vacancy likely to arise in that calendar year. 7A. Qualification for appointment of Insurance Ombudsman.-A person shall not be qualified for appointment as Insurance Ombudsman, unless he- (i) is not less than fifty-five years but not exceeding sixty-five years of age as on the last date specified for receipt of application in the advertisement; (ii) is, or has been, a member of an all-India service or a civil service of the Union and has held a post of Joint Secretary or equivalent to the Government of India; or (iii) has served for at least twenty-five years in the insurance industry and has held a post not less than one level below that of a director of a board. 7B. Procedure and selection criteria for appointment of Insurance Ombudsman.-(1) The Council for Insurance Ombudsmen shall shortlist up to five candidates from each category of applicants specified in clauses (ii) and (iii) of rule 7A, for each vacancy from amongst eligible applicants, reckoned on the basis of the length of service of the applicants in their respective category: Provided that where the number of candidates to be shortlisted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s opinion as to the applicant's suitability, integrity and absence of conflict of interest, keeping in view the information conveyed and such other information as it may consider relevant. (4) After considering the opinion of the Authority under sub-rule (3), the particulars of the candidates referred to in sub-rule (2) shall be laid before the selection committee which shall take into account the suitability of the candidates including as to absence of conflict of interest and finalise the process of shortlisting of candidates for interaction. (5) In respect of candidates figuring in the shortlist finalised by the selection committee under sub-rule (4) who are public servants or officials falling within the scope of the powers and functions of the Central Vigilance Commission established under the Central Vigilance Commission Act, 2003 (45 of 2003), the Council for Insurance Ombudsmen shall obtain the vigilance clearance through the Ministry of Finance, Department of Financial Services. (6) In respect of candidates figuring in the shortlist finalised by the selection committee under sub-rule (4) who are other than those referred to in sub-rule (5), the Council for Insurance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the words "gross misconduct during the term of office,", the words "or physical incapacity, or unsoundness of mind, or insolvency, or conviction for an offence involving moral turpitude, or engagement in any other paid employment, or conflict of interest or furnishing as part of the selection process information that is false or omits to specify material facts," shall be inserted. 8. In rule 11 of the said rules, after sub-rule (3), the following sub-rule shall be inserted, namely:- "(4) Notwithstanding anything contained in sub-rules (1) and (2), where there is a vacancy in an office of Insurance Ombudsman having territorial jurisdiction as specified by the Council for Insurance Ombudsmen under sub-rule (1), the Council for Insurance Ombudsmen may, if it is satisfied that it is necessary in public interest so to do, by order, authorise any other Ombudsman to discharge the functions of such office in addition to his area of jurisdiction for a period not exceeding six months or till the vacancy is filled or till the expiry of his term of office as Ombudsman, whichever is earliest.". 9. In rule 13 of the said rules, in sub-rule (1),- (a) for the words "or disputes relating to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g sub-rule shall be inserted, namely:- "(5) The Ombudsman may, on his own or on the request of the complainant, hear a matter through video-conference if he is satisfied that circumstances so require, after notifying the complainant and the insurer or insurance broker concerned, subject to guidelines issued by the Council for Insurance Ombudsmen in this regard and published on its website: Provided that the Ombudsman may allow the insurer (including its agents and intermediaries) or insurance broker, as the case may be, to be heard through video-conference.". 12. In rule 16 of the said rules, after the word "insurer", wherever it occurs, the words "or insurance broker, as the case may be," shall be inserted. 13. In rule 17 of the said rules,- (i) in sub-rule (5), after the word "insurer", the words "or insurance broker, as the case may be," shall be inserted; (ii) in sub-rule (6),- (A) after the word "insurer", the words "or insurance broker, as the case may be," shall be inserted; (B) after the words "the Ombudsman", the words "and upload the details in the complaints management system" shall be inserted; (iii) in sub-rule (8), after the word "insurers", the words ..... X X X X Extracts X X X X X X X X Extracts X X X X
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