ORDER : SUBRAMONIUM PRASAD, J. PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of declaration declaring Section 64 UM of the Insurance Act, 1938, as amended by Section 82 of the Insurance Laws (Amendment) Act, 2015, (Act. 5 of 2015) to be ultra vires the Constitution of India and therefore void. This writ petition seeks to challenge the vires of Section 64 UM of the Insurance Act, 1938, as introduced by the Insurance Laws (Amendment) Act, 2015 (Act No.5 of 2015) to be ultra vires the Constitution of India and therefore void. 2. The writ petitioner is a loss Assessor. The Insurance Act, 1938, was amended by Act 5 of 2015 whereby Section 64 UM of the Act was introduced which prescribes that no person shall act as a Surveyor or Loss Assessor in respect of General Insurance business unless he possess such academic qualifications as may be specified by the Regulations to be made under the Insurance Act, 1938. The said Section also prescribes that apart from having the educational qualification, the Loss Assessor / Surveyor should also be a member of a professional body of surveyors and Loss Assessors, namely the Indian Institute of Insurance Surveyors and Loss Assessors. 3. The challenge in this Section is primarily on the ground that it gives unbridled and uncanalized power to the authorities to frame Regulations regarding the academic qualification. The submission therefore is that in the absence of any guidelines prescribed under the Section 64 UM which gives unbridled power to the Government to frame Regulation laying down qualification suffers from the vice of excessive delegation. Apart from that, it also takes away the rights of existing Surveyors and Loss Assessors who would not be able to continue to function after the framing of the Regulation unless they possess the requisite qualification. At this juncture, it is pertinent to mention that when the writ petition was filed, the Regulations stipulating the educational qualifications had not yet come into force. 4. By a notification dated 30.10.2015 the Insurance Regulatory and Development Authority of India (Insurance Surveyors and Loss Assessors) Regulations came into force. The said Regulations laid down the educational qualifications which a Surveyor or Loss Assessor had to possess to performing the work of a Surveyor or Loss Assessor. 4. By a notification dated 30.10.2015 the Insurance Regulatory and Development Authority of India (Insurance Surveyors and Loss Assessors) Regulations came into force. The said Regulations laid down the educational qualifications which a Surveyor or Loss Assessor had to possess to performing the work of a Surveyor or Loss Assessor. The said notification also laid down that all those Surveyors and Loss Assessors who are not complaint with the requirements stipulated in Section 64 UM of the Act, have to become complaint within a period of three years from the date of notification of the Regulations failing which, their licence shall cease to be valid automatically. These Regulations have not been challenged. 5. Heard the learned counsel for the parties. 6. The purpose of bringing the Insurance Laws (Amendment) Act, 2015, was to remove archaic and redundant provisions in the legislations and to incorporate provisions to provide Insurance Regulatory and Development Authority of India (IRDAI) with the flexibility to discharge its functions more effectively and efficiently. The Act was also brought in to regulate the functions, code of conduct, etc., of surveyors and loss assessors. To achieve the above mentioned object, which is to regulate the functions and Code of conduct of Surveyor and Loss Assessors, Section 64 UM of the Act, was brought which gives power to the Insurance Company to lay down the qualifications of Surveyors and Loss Assessors. The importance of Surveyors and Loss Assessor in the field of Insurance to assess the loss suffered by the insured which is the foundation of a claim cannot be ignored. The legislature was therefore, well within its rights to prescribe the qualifications which a Surveyor or Loss Assessor must possess. So that there is uniformity in the performance and nature of work done by the Surveyors and Loss Assessors. It is well settled that legislature can prescribe qualifications which must be possessed by Surveyor or Loss Assessor before granting a licence to a person to perform the work of a Surveyor or Loss Assessor. It is this power to lay down the prescription, which has been exercised by the Parliament for fixing the Educational qualifications for discharging the role of a Surveyor or Loss Assessor in any Insurance Company. The relevant provisions of Section 64 UM of the Insurance Act,1928, and the Regulation, which are necessary for adjudication of the present dispute read as under:- “64UM. The relevant provisions of Section 64 UM of the Insurance Act,1928, and the Regulation, which are necessary for adjudication of the present dispute read as under:- “64UM. Licensing of surveyors and loss assessors.- (1) (A) Save as otherwise provided in this section, no person shall act as a surveyor or loss assessor in respect of general insurance business after the expiry of a period of one year from the commencement of the Insurance (Amendment) Act, 1968, unless he holds a valid licence issued to him by the 1[Authority]. (B) Every person who intends to act as a surveyor, or loss assessor after the expiry of a period of one year from the commencement of the Insurance (Amendment) Act, 1968 2[but before the commencement of the Insurance Regulatory and Development Authority Act, 1999], shall make an application to the 1[Authority] within such time, in such form, in such manner and on payment of such fee, not exceeding rupees two hundred and fifty, as may be prescribed. 2[(BA) Every person who intends to act as a surveyor or loss assessor after the expiry of a period of one year from the commencement of the Insurance Regulatory and Development Authority Act, 1999, shall make an application to the Authority within such time, in such manner and on payment of such fee as may be determined by the regulations made by the Authority: Provided that any licence issued immediately before the commencement of the Insurance Regulatory and Development Authority Act, 1999 shall be deemed to have been issued in accordance with the regulations providing for such licence.] (C) Every licence issued under this section shall remain in force, unless cancelled earlier, for a period of five years from the date of issue thereof, and may be renewed for a period of five years at a time, on payment of such fee, not exceeding rupees two hundred, 3[as may be determined by the regulations]. (D) No licence to act as a surveyor or loss assessor shall be issued unless- (i) the applicant, where he is an individual, satisfies the 4[Authority] that he- 5[(a) has been in practice as a surveyor or loss assessor on the date of commencement of the Insurance Regulatory and Development Authority Act, 1999, or] (b) holds a degree of a recognized University in any branch of engineering, or (c) is a fellow or associate member of the Institute of Chartered Accountants of India or the Institute of Cost and Works Accountants of India, or (d) possesses actuarial qualifications or holds a degree or diploma of any recognized University or institute in relation to insurance, or (e) holds a diploma in insurance granted or recognized by the Government, or (f) possesses such other technical qualifications as may be 6[specified by the regulations made by the Authority], and (g) does not suffer from any of the disqualifications mentioned in sub-section (4) of section 42; (ii) the applicant, where he is a company or firm, satisfies the 3[Authority] that all his directors or partners, as the case may be, possess one or more of the qualifications specified in clause (i) and none of such directors or partners suffer from any of the disqualifications mentioned in sub-section (4) of section 42. (E) Every application for the renewal of the licence shall be made at least thirty days before the expiry of the period of validity thereof. (F) The 3[Authority] may, if he is satisfied that any licence issued or renewed under this section has been lost or destroyed, issue a duplicate licence on payment of a fee of rupees five and the duplicate licence so issued shall remain in force for the remainder of the period of validity of the licence in lieu of which it is issued. (G) Without prejudice to the powers conferred by sub-section (7), the 3[Authority], if satisfied that the holder of any licence has made a statement which is false in material particulars with regard to his eligibility for obtaining such licence or has, after the issue or renewal of such licence, acquired any of the disqualifications mentioned in sub-section (4) of section 42, may, after giving a reasonable opportunity to the holder of such licence of being heard, by order cancel such licence and notify such cancellation in the Official Gazette. 7[(1A) Every surveyor and loss assessor shall comply with the code of conduct in respect of their duties, responsibilities and other professional requirements as may be specified by the regulations made by the Authority.] (2) No claim in respect of a loss which has occurred in India and requiring to be paid or settled in India equal to or exceeding twenty thousand rupees in value on any policy of insurance, arising or intimated to an insurer at any time after the expiry of a period of one year from the commencement of the Insurance (Amendment) Act, 1968, shall, unless otherwise directed by the 8[Authority], be admitted for payment or settled by the insurer unless he has obtained a report, on the loss that has occurred, from a person who holds a licence issued under this section to act as a surveyor or loss assessor (hereafter referred to as 'approved surveyor or loss assessor'): Provided that nothing in this sub-section shall be deemed to take away or abridge the right of the insurer to pay or settle any claim at any amount different from the amount assessed by the approved surveyor or loss assessor. (3) The 8[Authority] may, at any time, in respect of any claim of the nature referred to in sub-section (2), call for an independent report from any other approved surveyor or loss assessor specified by 9[it] and such surveyor or loss assessor shall furnish such report to the 8[Authority] within such time as may be specified by the 8[Authority] or if no time limit has been specified by 9[it] within a reasonable time and the cost of, or incidental to such report shall be borne by the insurer. (4) The 8[Authority] may, on receipt of a report referred to in sub-section (3), issue such directions as it may consider necessary with regard to the settlement of the claim including any direction to settle a claim at a figure less than, or more than, that at which it is proposed to settle it or it was settled and the insurer shall be bound to comply with such directions: Provided that where the 8[Authority] issues a direction for settling a claim at a figure lower than that at which it has already been settled, the insurer shall be deemed to comply with such direction if he satisfies the 8[Authority] that all reasonable steps, with due regard to the question whether the expenditure involved is not disproportionate to the amount required to be recovered, have been taken with due despatch by him: Provided further that no direction for the payment of a lesser sum shall be made where the amount of the claim has already been paid and the 8[Authority] is of opinion that the recovery of the amount paid in excess would cause undue hardship to the insured: Provided also that nothing in this section shall relieve the insurer from any liability, civil or criminal, to which he would have been subject but for the provisions of this sub-section. (5) No insurer shall, after the expiry of a period of one year from the commencement of the Insurance (Amendment) Act, 1968, pay to any person any fee or remuneration for surveying, verifying or reporting on a claim of loss under a policy of insurance unless the person making such survey, verification or report is an approved surveyor or loss assessor. (6) Where, in the case of a claim of less than twenty thousand rupees in value on any policy of insurance it is not practicable for an insurer to employ an approved surveyor or loss assessor without incurring expenses disproportionate to the amount of the claim, the insurer may employ any other person (not being a person disqualified for the time being for being employed as a surveyor or loss assessor) for surveying such loss and may pay such reasonable fee or remuneration to the person so employed as he may think fit. (7) If the 10[Authority] is satisfied that an approved surveyor or loss assessor has been guilty of wilfully making a false statement knowing it to be false or of being knowingly a party to the settlement of a claim in a fraudulent manner, he may, after giving such surveyor or loss assessor an opportunity of being heard, cancel the licence issued to him with effect from such date as may be specified by him and shall notify such cancellation in the Official Gazette. (8) Any surveyor or loss assessor whose licence has been cancelled shall not be eligible for having a licence to act as a surveyor or loss assessor for a period of three years from the date on which the cancellation is notified in the Official Gazette. (9) The 10[Authority] may, in respect of any claim of value of less than twenty thousand rupees on an insurance policy, if the claim has not been or is not proposed to be reported upon by a surveyor or loss assessor, direct that such claim shall be reported upon by an approved surveyor or loss assessor and where the 10[Authority] makes such direction, the provisions of sub-sections (3) and (4) shall apply in respect of such claim. (10) Where, in relation to any class of claims, the 11[Authority] is satisfied that it is customary to entrust the work of survey or loss assessment to any person other than a licensed surveyor or loss assessor, or it is not practicable to make any survey or loss assessment, it may, by an order published in the Official Gazette, exempt such class of claims from the operation of this section.]” 7. Regulation 3 (2) (a) reads as under:- 3. Application for, and matters relating to, grant of license to individual Surveyors and Loss Assessors.- (1)........ (2) Eligibility Criteria (a) Qualifications: (i) academic / technical/ professional/Insurance Qualifications given in Schedule I Annexure-1 of these Regulations. (ii) Other qualifications as may be specified by the Authority from time to time. (iii) Shall be a 'Member' of the Institute.” 8. Annexure I to Schedule I which relies on the Educational qualification which needs to be possessed before a person is appointed as a Surveyor is extracted for ready reference:- IRDAI (Insurance Surveyors and Loss Assessors) Regulations, 2015 Qualification Criteria for Enrolment and Licensing of Surveyors and Loss Assessors (Regulation 3) S. No. Department Academic/technical/Professional/Insurance Qualifications 1. Annexure I to Schedule I which relies on the Educational qualification which needs to be possessed before a person is appointed as a Surveyor is extracted for ready reference:- IRDAI (Insurance Surveyors and Loss Assessors) Regulations, 2015 Qualification Criteria for Enrolment and Licensing of Surveyors and Loss Assessors (Regulation 3) S. No. Department Academic/technical/Professional/Insurance Qualifications 1. Fire B.E./ B. Tech./ B.Sc. (Engg.)/ A.I.M.I.E. or its equivalent, C.A./ I.C.W.A., A.I.I.I./ F.I.I.I./Post Graduate Diploma in Insurance from IIRM 2. Marine Cargo B.E./ B.Tech./ B.Sc. (Engg.)/ A.I.M.I.E. or its equivalent thereof (Marine Engineering/ Naval Architecture),/ certificate of competency as Master of Ship or as First Class Marine Engineer issued by a recognized authority, Degree or diploma in Naval Architecture of a recognized University or Institute./ A.I.I.I./ F.I.I.I./ Post Graduate Diploma in Insurance from IIRM 3. Marine Hull B.E./ B.Tech./ B.Sc. (Engg.)/ A.I.M.I.E. or its equivalent thereof (Marine Engineering/ Naval Architecture)/ certificate of competency as Master of Ship or as First Class Marine Engineer issued by a recognized authority, 4. Engg. B.E./ B.Tech./ B.Sc. (Engg.)/ A.I.M.I.E. or its equivalent, Diploma of 3 years duration from a recognised institution or its equivalent thereof 5. Motor B.E./ B.Tech./ B.Sc. (Engg.)/ A.I.M.I.E. or its equivalent thereof (Mechanical/ Automobile); Diploma in Mechanical Engineering/ Automobile Engineering of 3 years duration from a recognised institution or its equivalent thereof 6. Miscellaneous B.E./ B.Tech./ B.Sc. (Engg.)/ A.I.M.I.E. or its equivalent; Diploma of 3 years duration from a recognised institution or its equivalent; C.A./ I.C.W.A.; A.I.I.I./ F.I.I.I./ Post Graduate Diploma in Insurance from IIRM; 7. LOP C.A./ I.C.W.A; A.I.I.I./ F.I.I.I 8. Crop Insurance B.Sc. in Agricultural Science from a recognised University. 9. Regulation 27 prescribes that a Surveyor or Loss Assessor who is not complaint that the requirement schedule of Section 64 UM of the Act, within a period of three years from the date of the qualification of this requirements, cannot perform the rule of a Surveyor. Regulation 27 of IRDAI, reads as under:- “27.Transitory Provisions A license issued before the commencement of these Regulations, by the Authority shall be deemed to have been issued in accordance with these Regulations. Regulation 27 of IRDAI, reads as under:- “27.Transitory Provisions A license issued before the commencement of these Regulations, by the Authority shall be deemed to have been issued in accordance with these Regulations. Provided that all those Surveyors and Loss Assessors who are not compliant with the requirements stipulated in clause (a) and (b) of sub-section 1 of Section 64UM of the Act shall become compliant within a period of three years from the date of notification of these Regulations failing which their license shall cease to be valid automatically.” 10. A reading of all the provisions would show that it was never the intention of the legislature to debar persons, who were working as a Surveyors or Loss Assessors to cease work immediately. A window period has been given to the existing Surveyors and Loss Assessors to acquire the educational qualifications so that they can continue to perform their role as a Surveyor or a Loss Assessor. The provision which gives three years window period to the existing Surveyors to become complaint with the Regulations cannot be said to be arbitrary. The inability of a person to acquire such qualifications cannot become a ground to seek for a declaration that the Regulations are ultra vires of the Constitution of India. Prescribing qualifications cannot be said to be violative of Article 19(g) of the Constitution of India. The Sections and Regulations actually prescribes an uniform qualification that should be possessed by of the Surveyor / Loss Assessors so as to maintain uniformity in the standard in the nature of work to be performed by them in all the Insurance Companies. The object of bringing out the amendment, therefore, cannot in any way be said to be manifestly arbitrary or violation of Article 14 of the Constitution of India. 11. As stated above, the discremination on the account of inability to acquire a qualification can never be pleaded and accepted by Courts. It is well settled that a provision can be struck down only if the legislature bringing out the enactment is not competent to bring out the same or the enactment is contrary to any of the provisions of the Constitution or the Section or Rule or Regulation sought to be brought in, is contrary to the parent Act or the provision is manifestly arbitrary. It is now well settled that manifest arbitrariness, must be something done by the legislature capriciously, irrationally and/or without adequate determining principle. Also, when something is done which is excessive and disproportionate, such legislation would be manifestly arbitrary. Nothing has been brought out by the petitioner to demonstrate that Section 64 UM of the Act, which is under challenge in the instant writ petition suffers from the vice of manifest arbitrariness. 12. Reliance is placed on a Judgment rendered by Five Judges of the Hon'ble Supreme Court in HAMDARD DAWADHANA v. UNION OF INDIA, reported in AIR 1960 SC 554 , and more particularly, paragraph Nos.34 and 35, wherein the Hon'ble Supreme Court has struck down the amendment on the ground that the parliament has established no criteria, no standars and has not prescribed any principle on which a particular disease or condition is to be specified in the Schedule. The said judgment has no application to the facts of this case. 13. No doubt, a legislature cannot delegate essential legislative function which consists in the determination or choosing of the legislative policy and of formally enacting that policy into a binding rule of contempt. The object of introducing Section 64 UM of the Act is, was to provide for a code of conduct for Surveyors and loss Assessors. Section 64 UM of the Act only lays down that a Surveyor or a Loss Assessor must possess the requisite educational qualification. The educational qualifications have been laid down in the Insurance Regulatory and Development Authority of India (Insurance Surveyors and Loss Assessors) Regulation 2015. The qualifications have been extracted above. The regulations which prescribes educational qualification have not been challenged. The contention of the counsel for the petitioner that the Section ought to have laid down the guidelines prescribing the educational qualifications cannot be accepted for the only reason that the legislature had not delegated any policy function which is prohibited. The argument of the learned counsel for the writ petitioner that uncanalized and unbridled power has been given to the Rule making authority to prescribe qualifications cannot be accepted. 14. The Writ Petition, therefore, fails and accordingly dismissed. No costs. Consequently, connected Miscellaneous Petitions are also dismissed.