1. 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 effective 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 Officer of a Bank/ PSU or as a Judicial Officer 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 effective practice at the Bar.
C) For being included in the Senior Panel an Advocate should have experience of at least 15 years of effective 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 verifications, 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 Office .
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 Bank’s 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 bank’s 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 bank’s 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 bank’s 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/office of the bank.
2. The Panel Advocate should not accept any request of Non Encumbrance Certificate 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/office of the bank.
4. The Panel Advocate should submit to the concerned branch/office of the bank, the original receipts for deposit of "Fee for Search" in the Registration Office/ 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 offered as security.
7. In case, the verification 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/office 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/office of the bank. d) –May advise the concerned branch/office 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
PHOTOGRAPH 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 certificate from court/ Bar)
7 In which office 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) 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 Certificate & Bar Council ID 2. Experience Certificate from court/Bar Empanelment of valuers, their qualification and Experience:
1.Qualification 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 qualification.
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 Officer, Land Valuation Officer, Superintendent of Land Records, Agricultural Officer, Registrar under the Registration Act, 1908 (16 of 1908), or any other officer 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 qualification recognized by the Central Government for recruitment to superior services or posts under the Central Government in the field 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.5.00 Cr up to Rs.50.00 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 Office. [Note: Notwithstanding anything contained herein above no person shall qualify for registration as a valuer if, (an affidavit to be obtained): (a) he/she has been dismissed or removed from Government service; or (b) he/she has been convicted of an offence 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 offence 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 notification in the Official 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 Organization with qualification 2. Address 3. Year of Establishment 4. Constitution of the firm (whether Proprietary/Firm partnership or Limited Co., etc.) 5. Name/list of Proprietor/Partner/ Directors and their professional qualifications, experience and standing (Details may be furnished in a separate sheet, if necessary). Submit proof of qualification, experience, date of birth etc.) 6. Name and address of the Bankers to the valuers: 7. Whether an assessee of Income Tax. If so, mention permanent account number. Furnish copies of latest Income Tax clearance certificate and PAN 8. If you are registered in the panel of other Organizations/statutory : As per Proforma- I bodies, such as Banks/LIC/Public Sector under takings /Railways /Courts etc. furnish their names, category and date of registration. 9. Whether Registered as Valuer under Wealth Tax Act. / Income Tax. If Yes, give details viz. Type of valuation and date of registration (Submit Proof) 10. What are your fields of activities? Mention the fields on i) Valuation of preference basis. Residential/ Commercial properties Yes/ No
ii) Valuation of Agriculture Land Yes/No
iii) Valuation of Plant and Machinery Yes/No
iv)Others (mention) 11. Profile structure/technical personnel of the organization and : As per Proforma- II technical set up for various specialization woks such as valuatuion of various types of properties: 12. Details of Membership of Institute of Valuers, Institute of Engineers, other such bodies ( Submit Proof) 13. Whether willing to work anywhere in India or mention the places where you are willing to work. 14. Detailed description of works handled for the Bank and other organizations in the past and works being handled at present. 15. Furnish the names with address of three responsible persons i) who will be in a position to certify about the services as well ii) as the past performance of your organization. iii) 16. Schedule of Charges: 17. Any other relevant information, if any.
Undertaking: I/We undertake that the information furnished in the format/enclosures therewith is true and correct to the best of my knowledge. I/ we further certify that I/ We individually or jointly, have not been debarred/ de empanelled previously by any Bank/ organisation or central/ state government or any other body corporate. If empanelled for the Bank’s work, I/ we shall not undertake the work of valuation, in which I/We or my/our close relatives have a direct or indirect interest.
Date:- Place: - S i g n a t u r e With Seal Note: The format is to be typed or Hand written neatly. In case, the space is not sufficient enough to fill in, a separate format may be furnished with the above details in Toto and latest photograph. Where copies are required to be furnished these are to be certified copies Preferably by the concerned agencies or a Government Officer.
Enclosure to Annexure A PROFORMA – I Details of Registration Name of the Valuer:
Sl. No. Name of the Category Date of Remarks Organization under which Registration and registered and validity address 1. 2. 3. 4. 5.
S i g n a t u r e
Note: - Relevant documentary evidence to be enclosed.
Enclosure to Annexure A
PROFORMA – II Name of the Architect/Consultant/Firm:
Sl. No. Name Designation Qualification Experience Years Any other with the information firm 1. 2. 3. 4. 5. 6. 7.
S i g n a t u r e