This document outlines the criteria for empaneling advocates and valuers to work with a bank.
For advocates, there are separate panels based on experience levels (junior or senior) and courts practiced in. Requirements include a minimum number of years of experience, good legal acumen and integrity. Valuers must have qualifications in relevant fields like engineering and experience valuing similar asset types. Duties of empaneled advocates and valuers are also defined. An application form is provided seeking qualifications, experience and other details for empanelment.
This document outlines the criteria for empaneling advocates and valuers to work with a bank.
For advocates, there are separate panels based on experience levels (junior or senior) and courts practiced in. Requirements include a minimum number of years of experience, good legal acumen and integrity. Valuers must have qualifications in relevant fields like engineering and experience valuing similar asset types. Duties of empaneled advocates and valuers are also defined. An application form is provided seeking qualifications, experience and other details for empanelment.
This document outlines the criteria for empaneling advocates and valuers to work with a bank.
For advocates, there are separate panels based on experience levels (junior or senior) and courts practiced in. Requirements include a minimum number of years of experience, good legal acumen and integrity. Valuers must have qualifications in relevant fields like engineering and experience valuing similar asset types. Duties of empaneled advocates and valuers are also defined. An application form is provided seeking qualifications, experience and other details for empanelment.
This document outlines the criteria for empaneling advocates and valuers to work with a bank.
For advocates, there are separate panels based on experience levels (junior or senior) and courts practiced in. Requirements include a minimum number of years of experience, good legal acumen and integrity. Valuers must have qualifications in relevant fields like engineering and experience valuing similar asset types. Duties of empaneled advocates and valuers are also defined. An application form is provided seeking qualifications, experience and other details for empanelment.
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CRITERIA FOR EMPANELMENT OF ADVOCATE:-
A) For being included in the panel, an advocate should have experience of at least 7 (seven) years of independent and efective practice at Bar on the civil side preferably in attending commercial matters or bank suits and be conversant with banking laws. The experience as a designated Law Ofcer of a Bank/ PSU or as a Judicial Ofcer may also be considered for the purpose. B) For being included in the Junior Panel an advocate should have experience of at least 7 years of efective practice at the Bar. C) For being included in the Senior Panel an Advocate should have experience of at least 15 years of efective practice at the bar. D) The advocate should be of undoubted legal acumen and unblemished integrity. E) There will be Panels for advocates practicing at High Courts, DRATs, DRTs, Dist Consumer Forums & State Consumer Commissions, Civil Courts, Criminal Courts and other trial Courts /Tribunals. Exclusive panels will be for conducting Search & title deed verifcations, ROC search and for Drafting/Vetting/Audit of loan documents. F) Advocates practicing in Specialized areas such as Labour Law matters, Cyber Law, MRTP/Competition Law etc will also be considered for empanelment. G) There will be Separate panel for High Courts, Supreme Court, National Consumer Commission, National Company Law Tribunal etc. This empanelment will be done at Head Ofce . H) Matters/ Cases involving outstanding up to Rs.50.00 lacs will be entrusted to advocates from Junior Panel and Matters/cases involving outstanding of Rs.50.00 lacs and above & other complicated matters will be entrusted to advocates from Senior Panel. 2.OTHER TERMS AND CONDITIONS FOR EMPANELMENT:- a) Advocate should agree to abide by the Banks terms and conditions as to the fees, charges etc. b) The concerned advocate will be informed in writing of his empanelment and on the terms and conditions of empanelment as mentioned in Annexure-B. c) It shall be made clear to the advocate that approval in banks panel of advocates does not amount to an appointment or right for an appointment and bank is free to engage any advocate of its choice and the empanelled advocate can not claim that he should only be entrusted with the banks work. d) The advocate should undertake not to appear against the bank and they do not represent to the claims and ideologies adverse to those of the bank. e) It shall be made clear that under no circumstances, they should use any legend containing banks name or symbol in letter heads, sign-boards, name plates etc such as legal adviser to Allahabad Bank or advocate for Allahabad Bank. f) Duties and Responsibilities of Panel Advocates- 1. The Panel Advocate should under take the job for search relating to encumbrance etc of the property only after receipt of a communication from the concerned branch/ofce of the bank. 2. The Panel Advocate should not accept any request of Non Encumbrance Certifcate from the constituent for the purpose of availing loan from our bank. 3.The Panel Advocate should verify the "Title Documents" in original before submitting his report to concerned branch/ofce of the bank. 4.The Panel Advocate should submit to the concerned branch/ofce of the bank, the original receipts for deposit of "Fee for Search" in the Registration Ofce/ Registrar of Companies/ Court etc along with his report. 5.The Panel Advocate should point out any defect(s), whether legal or otherwise, in the "Title Documents" which is prima facie apparent/manifest. 6. The Panel Advocate should himself verify the Registration records of the property ofered as security. 7. In case, the verifcation of the Registration records is done by associate advocates/ assistants of the Panel Advocate, he should specify the same in his report and undertake full responsibility for such reliance. 8. The Panel Advocate should inform the bank of pendency of any litigation concerning the property, if it comes to his knowledge at the time of search or at any time subsequent to furnishing the search report. 9. While pursuing/defending any litigation on behalf of the bank the Panel advocate should - a) - Intimate the day to day progress of the matter to the concerned branch/ofce of the bank. b) - Not seek adjournments without any valid & cogent reasons. c) - Not make any submission before the Court without proper instructions from the concerned branch/ofce of the bank. d) May advise the concerned branch/ofce of the bank for engaging Senior Advocate / Counsel if required to protect the interest of the Bank. e) -Not appear either directly or on behalf of his juniors/assistant advocates against the bank. Annexure-A APPLICATION FORM for EMPANELMENT of ADVOCATE 1 NAME OF ADVOCATE 2 DATE OF BIRTH 3 EDUCATIONAL QUALIFICATIONS (including distinctions in academic carrier) 4 Name of Bar Council & Enrollment Number (enclose copy of Bar Council ID, also) 5 Residential Address with Phone No 6 Period of practice/ Place of practice/ Court of practice ( attach experience certifcate from court/ Bar) 7 In which ofce trained as Junior/ apprentice/ Name of Senior: 8 List of Banks, institutions, companies, corporation, business houses engaging them on retainer basis or otherwise (attach proof) PHOTOGRAPH 10 Whether belong to SC / ST/ OBC/ MC 11 PAN number issued by Income tax dept 12 Any other relevant information 13 Whether empaneled with any Banks in the past. If Yes, give details Signature of advocate Attached: attested true copies of testimonials 1. Enrollment Certifcate & Bar Council ID 2. Experience Certifcate from court/Bar Empanelment of valuers, their qualification and Experience: 1.Qualifcation for Empanelment of Valuers- Valuer of immovable property: 1.1 Must be a graduate in civil engineering, architecture or town planning of a recognized university; or is a post-graduate in valuation of real estate from a recognized university; or possess an equivalent qualifcation. 1.2 Must have been in practice as a consulting engineer (valuer of real estate), surveyor or architect or has worked with state/ central government or any other institution of repute and engaged in: (a) valuation of buildings and urban lands; or quantity surveying in building construction; or architectural or structural designing of buildings or town planning; or construction of buildings or development of land; 1.2. Valuer of agricultural lands (Other than plantations): 1.2.1 Must be a graduate in agricultural science of a recognized university and must have worked as a farm valuer or was formerly employed in a post under Government as a Collector, Deputy Collector, Settlement Ofcer, Land Valuation Ofcer, Superintendent of Land Records, Agricultural Ofcer, Registrar under the Registration Act, 1908 (16 of 1908), or any other ofcer of equivalent rank performing similar functions and must have retired or resigned from such employment. 1.3. Valuer of machinery and plant: 1.3.1 Must be a graduate in mechanical or electrical engineering of a recognized university; or possess post-graduate degree in valuation of machinery and plant from a recognized university; or possess a qualifcation recognized by the Central Government for recruitment to superior services or posts under the Central Government in the feld of mechanical or electrical engineering. 2. Experience: Valuer must have an experience of valuation of similar type of Assets as mentioned below: Category A B C Asset Value Above Rs.50.00 Cr Above Rs.5.00 Cr up to Rs.50.00 Cr Up to Rs.5.00 Cr Minimum Experience 10 Years 8 Years 5 Years 3. In all the cases as above, he/she should preferably be registered as a valuer under Wealth Tax Act. or with any other institution(s) of repute viz, a Commercial Bank, Central/State Government or its undertaking, for conducting particular type of valuations. He/she should be a member of the Institute of Valuers or Institute of Engineers or any other such accredited body. 4. For Valuation of other assets, not mentioned herein as above, the services of valuers registered under the Wealth Tax Act, for valuation of those particular assets, may be obtained, with due permission of the Zonal Ofce. [Note: Notwithstanding anything contained herein above no person shall qualify for registration as a valuer if, (an afdavit to be obtained): (a) he/she has been dismissed or removed from Government service; or (b) he/she has been convicted of an ofence connected with any proceeding under the Income-tax Act, 1961 (43 of 1961), or the Wealth-tax Act, 1957 (27 of 1957), or the Gift-tax Act, 1958 (18 of 1958), or a penalty has been imposed on him under clause (iii) of subsection (1) of section 271 or clause (i) of section 273 of the Income-tax Act, 1961, or under clause (iii) of sub-section (1) of section 18 of the Wealth-tax Act, 1957, or under clause (iii) of sub-section (1) of section 17 of the Gift-tax Act, 1958; or (c) he/she is an un-discharged insolvent; or (d) he/she has been convicted of any ofence and sentenced to a term of imprisonment; or (e) he/she has been found guilty of misconduct in his professional capacity i.e. in a case where he/she is a member of any association or institution established in India having as its object the control, supervision, regulation or encouragement of the profession of engineering, architecture, accountancy, or company secretaries or such other profession as the Board may specify in this behalf by notifcation in the Ofcial Gazette, by such association or institution; or (f) his /her services have been found to be unsatisfactory by the bank.] APPLICATION FORM for EMPANELMENT of VALUER Particulars of the Form to be furnished for the purpose of Empanelment of Valuers : 1. Name of the Architect/Firm/Valuer Ora!i"atio! #ith $ualificatio! 2. A%%re&& 3. 'ear of E&ta(li&hme!t 4. Co!&titutio! of the firm )#hether Pro*rietar+/Firm *art!er&hi* or Limite% Co,- etc,. 5. Name/li&t of Pro*rietor/Part!er/ Director& a!% their *rofe&&io!al $ualificatio!&- e/*erie!ce a!% &ta!%i! )Detail& ma+ (e fur!i&he% i! a &e*arate &heet- if !ece&&ar+., 0u(mit *roof of $ualificatio!- e/*erie!ce- %ate of (irth etc,. 6. Name a!% a%%re&& of the 1a!2er& to the 3aluer&4 7. 5hether a! a&&e&&ee of I!come Ta/, If &o- me!tio! *erma!e!t accou!t !um(er, Fur!i&h co*ie& of late&t I!come Ta/ cleara!ce certificate a!% PAN 8. If +ou are rei&tere% i! the *a!el of other Ora!i"atio!&/&tatutor+ (o%ie&- &uch a& 1a!2&/LIC/Pu(lic 0ector u!%er ta2i!& /Rail#a+& 4 A& *er Proforma6 I /Court& etc, fur!i&h their !ame&- cateor+ a!% %ate of rei&tratio!, 9. 5hether Rei&tere% a& Valuer u!%er 5ealth Ta/ Act, / I!come Ta/, If 'e&- i3e %etail& 3i", T+*e of 3aluatio! a!% %ate of rei&tratio! )0u(mit Proof. 10 . 5hat are +our fiel%& of acti3itie&7 Me!tio! the fiel%& o! *refere!ce (a&i&, i. Valuatio! of Re&i%e!tial/ Commercial *ro*ertie& 'e&/ No ii. Valuatio! of Ariculture La!% 'e&/No iii. Valuatio! of Pla!t a!% Machi!er+ 'e&/No i3.Other& )me!tio!. 11 . Profile &tructure/tech!ical *er&o!!el of the ora!i"atio! a!% tech!ical &et u* for 3ariou& &*eciali"atio! #o2& &uch a& 3aluatuio! of 3ariou& t+*e& of *ro*ertie&4 4 A& *er Proforma6 II 12 . Detail& of Mem(er&hi* of I!&titute of Valuer&- I!&titute of E!i!eer&- other &uch (o%ie& ) 0u(mit Proof. 13 . 5hether #illi! to #or2 a!+#here i! I!%ia or me!tio! the *lace& #here +ou are #illi! to #or2, 14 . Detaile% %e&cri*tio! of #or2& ha!%le% for the 1a!2 a!% other ora!i"atio!& i! the *a&t a!% #or2& (ei! ha!%le% at *re&e!t, 15 . Fur!i&h the !ame& #ith a%%re&& of three re&*o!&i(le *er&o!& #ho #ill (e i! a *o&itio! to certif+ a(out the &er3ice& a& #ell a& the *a&t *erforma!ce of +our ora!i"atio!, i. ii. iii. 16 . 0che%ule of Chare&4 17 . A!+ other rele3a!t i!formatio!- if a!+, Undertakin: I/5e u!%erta2e that the i!formatio! fur!i&he% i! the format/e!clo&ure& there#ith i& true a!% correct to the (e&t of m+ 2!o#le%e, I/ #e further certif+ that I/ 5e i!%i3i%uall+ or 8oi!tl+- ha3e !ot (ee! %e(arre%/ %e em*a!elle% *re3iou&l+ (+ a!+ 1a!2/ ora!i&atio! or ce!tral/ &tate o3er!me!t or a!+ other (o%+ cor*orate, If em*a!elle% for the 1a!29& #or2- I/ #e &hall !ot u!%erta2e the #or2 of 3aluatio!- i! #hich I/5e or m+/our clo&e relati3e& ha3e a %irect or i!%irect i!tere&t, Date46 Place4 6 0 i ! a t u r e 5ith 0eal Note4 The format i& to (e t+*e% or Ha!% #ritte! !eatl+, I! ca&e- the &*ace i& !ot &ufficie!t e!ouh to fill i!- a &e*arate format ma+ (e fur!i&he% #ith the a(o3e %etail& i! Toto a!% late&t *hotora*h, 5here co*ie& are re$uire% to (e fur!i&he% the&e are to (e certifie% co*ie& Prefera(l+ (+ the co!cer!e% ae!cie& or a Go3er!me!t Officer, Enclosure to Annexure A P!"F"!#A $ % Detail& of Rei&tratio! &ame of the Valuer: 'l( &o( &ame of the "rani)ation and address *ateor+ under ,hich reistered -ate of !eistration and validit+ !emarks 1. 2. 3. 4. 5. ' i n a t u r e &ote: - !elevant documentar+ evidence to be enclosed( Enclosure to Annexure A P!"F"!#A $ %% &ame of the Architect.*onsultant.Firm: 'l( &o( &ame -esination /ualification Experience 0ears ,ith the firm An+ other information 1. 2. 3. 4. 5. 6. 7. ' i n a t u r e