[WEST BENGAL
VALUATION BOARD] (REGISTRATION OF VALUER-SURVEYOR) RULES, 1993
PREAMBLE
In exercise of the
power conferred by section 28 of [the
West Bengal Valuation Board Act, 1978] (West Ben. Act LVII of 1978), the
Governor is pleased hereby to make the following rules
Rule - 1.Short title and commencement.
(1) These rules may be
called the [West
Bengal Valuation Board] (Registration of Valuer-Surveyor) Rules, 1993.
(2) They shall come into
force on the 1st day of October, 1993.
Rule - 2.Definitions.
In these rules,
unless the context otherwise requires,
(a) "Act"
means [the
West Bengal Valuation Board Act, 1978] (West Ben. Act LVII of 1978);
(b) "Board"
means the [West
Bengal Valuation Board] established under section 4;
(c) "section"
means a section of the Act;
[(d)
"valuer-surveyor" means a valuer-surveyor Grade I, or a
valuer-surveyor Grade II, registered as such under section 8B.]
Rule - 3.Maintenance of register of registered valuer-surveyors.
The Board shall
maintain a register of registered valuer-surveyors in accordance with the
provisions of the Act and these rules.
Rule - [4. Period of validity of registration.
The registration of a
valuer-surveyor shall be valid for one full financial year beginning on the 1st
day of April and ending on the 31st day of the following March, unless the
registration is revoked for reasons to be recorded in writing by the Board by a
resolution passed in its meeting.]
Rule - [5. Renewal of registration.
The registration of a
valuer-surveyor is renewable annually before the expiry of the period of
validity on payment of such fee for renewal of registration as may be fixed by
the Board by a resolution in a meeting :
Provided that the
Board may, by a resolution in a meeting and giving reasons in writing, extend
the date of renewal for a period not exceeding sixty days beyond the date of
expiry of the period of validity of registration in the interest of public
service and, for such temporary extension, no fee shall be leviable.]
Rule - [6. Qualifications for registration.
(1) No person shall be
eligible to register his name as a registered valuer-surveyor Grade I unless he
is
(i) registered as a
valuer-surveyor under the Central Board of Direct Taxes, Government of India,
in respect of lands and buildings; or
(ii) a corporate member of
the Royal Institute of Chartered Surveyors, London, or of the institution of
Surveyors, India, in valuation surveying of immovable properties; or
(iii) a practising
valuer-surveyor of repute with a proven record of experience as a
valuer-surveyor for at least ten years and having the minimum qualification of
graduation in Civil Engineering or in Architecture with valuation as one of the
subjects or equivalent qualification from any recognised university or
institute.
(2) No person shall be
eligible to register his name as a registered valuer-surveyor Grade II unless
he is a practising valuer-surveyor of repute with a proven record of
(i) a minimum experience
of two years and having the minimum qualification of a degree in Civil
Engineering or in Architecture with valuation as one of the subjects or
equivalent qualification from a recognized University or institute; or
(ii) a minimum experience
of five years and having the minimum qualification of a diploma in Civil
Engineering or in Architecture of equivalent qualification from any recognised
polytechnic/institute/ University.]
Rule - 7.Disqualifications for registration.
A person shall not be
eligible for registration as a valuer-surveyor if he has been convicted of any
offence or a lunatic or an undischarged insolvent or black-listed by the Board
on an earlier occasion for any reason whatsoever.
Rule - 8.Procedure of registration.
For registration as a
valuer-surveyor, a valuer-surveyor shall apply to the Member-Secretary of the
Board with requisite proof of his qualifications. The Member-Secretary of the
Board shall, upon such enquiry and scrutiny of the application as thinks fit
and after being satisfied as to the eligibility of the applicant, place the
matter for approval of the Board in its meeting. On receipt of the approval of
the Board, the Member-Secretary shall send an intimation to the
valuer-surveyor, whose application for registration has been approved by the
Board, asking him to deposit the fee for registration [as
a valuer-surveyor Grade I or valuer surveyor Grade II] fixed by the Board by a
resolution in its meeting within 30 days from the date of such intimation,
After the deposit of the amount, the Member-Secretary of the Board shall grant
him a certificate of registration in the form provided in rule 9.
Rule - [9. Form of certificate.
A certificate of
registration under rule 8 shall be in form prescribed below
Certificate
of Registered Valuer-Surveyor
(See
rules 8 and 9)
Form
No. I
Registration
No................ of 200 .............. 200 ........................
I hereby certify that
Shri/Smt./Kumari
.................................................. son/wife/daughter of
............................... residing at ............................. has
been registered by the [West
Bengal Valuation Board] as a registered valuer-surveyor Grade I/registered
valuer-surveyor Grade II, and is entitled to make the general valuation of
lands and buildings in terms of the proviso to sub-section (1) of section 9
of [the
West Bengal Valuation Board, Act, 1978], as a registered valuer-surveyor Grade
I /Grade II within the area of such Municipal Corporation or Municipality in
West Bengal as may be assigned by the [West
Bengal Valuation Board], from time to time for the purpose of determination of
valuation of lands and buildings in accordance with the provisions of any law
for the time being in force.
This registration
shall remain valid up to the 31st day of March, 200....... Given under my
hand and seal this the............day of............200....
By order of the Board
Member-Secretary,
[West Bengal
Valuation Board]]
The [West
Bengal Valuation Board]
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Space for renewal:
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Certificate
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Signature of Valuer-surveyor
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Signature of Member-Secretary with
official seal
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Renewal on
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Valid up to
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Rule - [10. Undertaking by valuer-surveyor.
Every valuer-surveyor
whose application for registration as a registered valuer-surveyor Grade I or registered
valuer-surveyor Grade II has been approved by the Board and who has deposited
the fee for, registration, shall submit to the Member-Secretary of the Board an
undertaking in the form of affidavit sworn before a Notary or a
Judicial/Executive Magistrate in the format provided in rule 11 binding himself
to abide by the code of conduct of registered valuer-surveyors laid down in
rule 12.]
Rule - 11. Form of undertaking[ * * *][19].
[The undertaking in
the form of an affidavit sworn before a Notary or a Judicial/Executive
Magistrate] shall be in the following form:
I, Shri/Smt./Kumari
................. son/wife/daughter .......................... of
............residing at................do hereby swear and undertake to abide
by the code of conduct of registered valuer-surveyor as set forth in the [West
Bengal Valuation Board] (Registration of Valuer-Surveyor) Rules, 1993, to the
best of my ability and conscience.
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Date .........................
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(Signature)
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Rule - 12.Code of conduct.
The following shall
be code of conduct of valuer-surveyor registered under these rules
(i) A registered
valuer-surveyor must abide by the ethics and etiquettes of the profession;
(ii) he shall, in all his
representations, oral or written, before the concerned authority, never state
anything which he does not believe to be true;
(iii) he shall never
attempt to mislead the concerned authority or his client through falsehood
or misrepresentation;
(iv) he shall look after
the interest of his client and shall not disclose anything which has been
confident to him by his client;
(v) while looking after
his client's interest, he shall never do anything which may cause a substantial
loss or injury to the Municipal Corporation or other municipal authority or
notified area authority or to the State;
(vi) he shall assist the
concerned authority, as far as practicable, in arriving at a correct decision
and supply any information relating to any case or any lands or buildings in
question, as may be required of him by such authority for the purpose of any inquiry.
Rule - 13. Remuneration of valuer-surveyor.
Remuneration to a
registered valuer-surveyor and the terms and conditions of payment thereof
shall be fixed by the Board by a resolution to be taken in a meeting of the
Board.
Rule - [14. Form of register of registered valuer-surveyor
The register of
registered valuer-surveyors shall be maintained in the following form
Register
of Registered Valuer-Surveyor Grade I/Grade II
(See
rules 3 and 14)
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SI. No.
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Name of the registered
valuer-surveyor Grade I/ Grade II with address
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Date of birth
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Father's/ husband's/ spouse's name
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Date of registration
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Registration No.
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Area where he intends to work
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Date of renewal
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Re-marks
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Signature of member-secretary with
office seal]
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Rule - 15. Termination of registration.
The registration of a
valuer-surveyor shall terminate
(1) unless it is renewed
by the 31st day of March of the previous financial year or within the period
extended under rule 5;
(2) for violation of any
provision of these rules;
(3) for violation of the
code of conduct set forth in these rules;
(4) for failure to carry
out the directions or instructions of the Board issued in accordance with the
Act and these rules from time to time;
(5) for misconduct:
Provided that before
termination of the registration, the concerned valuer-surveyor shall be given
an opportunity of being heard by the Board with a notice of not less than
fifteen days.
Subs, by Notifn. No.
470/C-4/M1A-2/93, dated 17.11.1995, which was as follows:
Subs, by ibid, which
was as follows:
"4. Renewal of
registration.
The registration of a
valuer-surveyor is renewable annually before the expiry of the 31st March of
the financial year for which such registration is made:
Subs, by Notifn. No.
470/C-4/M1A-2/93, dated 17.11.1995, which was earlier as under:
"5. Period of
validity of registration.
Subs, by ibid, which
was as follows:
"6.
Qualifications for, and terms and conditions of service.
No person shall be
eligible to register his name as a registered value-surveyor unless he is
(i) registered as a
valuer-surveyor under the Central Board of Direct Taxes, Government of India
in respect of lands or building; or
(ii) a corporate
member of the Royal Institute of Chartered Surveyors, London, or the
Institution of Surveyors, India, in valuation surveying of immovable properties;
Subs, by Notifn. No.
470/C-1/M1A-2/93, dated 17.11.1995, which was as follows:
"10. Undertaking
by valuer-surveyor.