CHAPTER II
ELIGIBILITY, QUALIFICATIONS AND REGISTRATION OF VALUERS
3.Eligibility for registered valuers
(1) A person shall be eligible to be a registered valuer if he-
(a)
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is a valuer member of a registered valuers organisation;
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Explanation.- For the purposes of this clause, "a valuer member" is a member of a registered valuers organisation who possesses the requisite educational qualifications and experience for being registered as a valuer;
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(b)
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is recommended by the registered valuers organisation of which he is a valuer member for registration as a valuer;
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(c)
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has passed the valuation examination under rule 5 within three years preceding the date of making an application for registration under rule 6;
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(d)
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possesses the qualifications and experience as specified in rule 4;
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(e)
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is not a minor;
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(f)
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has not been declared to be of unsound mind;
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(g)
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is not an undischarged bankrupt, or has not applied to be adjudicated as a bankrupt;
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(h)
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is a person resident in India;
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Explanation.- For the purposes of these rules 'person resident in India' shall have the same meaning as defined in clause (v) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999) as far as it is applicable to an individual;
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(i)
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has not been convicted by any competent court for an offence punishable with imprisonment for a term exceeding six months or for an offence involving moral turpitude, and a period of five years has not elapsed from the date of expiry of the sentence:
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Provided that if a person has been convicted of any offence and sentenced in respect thereof to imprisonment for a period of seven years or more, he shall not be eligible to be registered;
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(j)
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has not been levied a penalty under section 271J of Income-tax Act, 1961 (43 of 1961) and time limit for filing appeal before Commissioner of Income-tax (Appeals) or Income-tax Appellate Tribunal, as the case may be has expired, or such penalty has been confirmed by Income-tax Appellate Tribunal, and five years have not elapsed after levy of such penalty; and
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(k)
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is a fit and proper person:
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Explanation.- For determining whether an individual is a fit and proper person under these rules, the authority may take account of any relevant consideration, including but not limited to the following criteria-
(i)
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integrity, reputation and character,
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(ii)
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absence of convictions and restraint orders, and
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(iii)
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competence and financial solvency.
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(2) No partnership entity or company shall be eligible to be a registered valuer if-
(a)
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it has been set up for objects other than for rendering professional or financial services, including valuation services and that in the case of a company, it is not a subsidiary, joint venture or associate of another company or body corporate;
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(b)
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it is undergoing an insolvency resolution or is an undischarged bankrupt;
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(c)
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all the partners or directors, as the case may be, are not ineligible under clauses (c), (d), (e), (g), (h), (i), (j) and (k) of sub-rule (1);
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(d)
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three or all the partners or directors, whichever is lower, of the partnership entity or company, as the case may be, are not registered valuers; or
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(e)
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none of its partners or directors, as the case may be, is a registered valuer for the asset class, for the valuation of which it seeks to be a registered valuer.
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Amendments
1. Omitted by The Companies (Registered Valuers and Valuation) Fourth Amendment Rules, 2018 dated 13th November 2018
Original Omitted Content :- "Not"
2. Inserted by The Companies (Registered Valuers and Valuation) Fourth Amendment Rules, 2018 dated 13th November 2018 |