Even though the existing laws, laws or rules of Nepal do not clearly specify that 'engineers should do the evaluation', they have been doing the evaluation of immovable property. Appraisal services by engineers in Nepal is a highly responsible and specialized technical knowledge based profession. But in recent years, assessees are being subjected to unfair treatment, misuse of legal provisions and institutional malpractices.

Especially when there is a problem in debt recovery, banks and financial institutions blacklist the appraisers, convict them as debtors and commit professional character assassination on suspicion of bad intentions, which has led to a serious crisis in this profession. 

Banks and financial institutions can provide loans only according to the instructions of Rashtra Bank. Loan investment is their main source of income, which always carries the risk that the borrower may default on the loan. To manage this risk, the bank collects interest from the borrower, which is part of their business. 

According to Section 88 of the Nepal Rastra Bank Act, 2058, the purpose of the 'Loan Information Center' is to collect and exchange details of borrowers who do not repay or misuse loans. Similarly, Section 57(11) of the Act on Banks and Financial Institutions, 2073 has made a clear provision that only debtors who violate the loan agreement can be blacklisted.

The assessee has neither taken a loan from the bank nor has any loan agreement with the bank. Therefore, blacklisting them is not only illegal, it is also a travesty of rights guaranteed by the Constitution like 'freedom of trade' and 'equal access to justice'. The act of blacklisting assessors has been ruled unconstitutional by the Supreme Court. 

In the case of Ishwar Prasad Adhikari and Ghanshyam Dahal, the court has clearly explained that the assessee cannot be blacklisted because he has not taken a loan and has no liability related to the loan. 

At present, the consultancy agreement between banks and financial institutions and the appraiser is completely one-sided and unfair to the appraiser. If necessary modifications and amendments are not made in such contracts, the appraiser will always be at professional risk.

Banks are currently forcing appraisers to sign affidavits, which has raised serious questions about their independence and professional dignity. What is more serious is the practice of presenting the first assessor as a witness during the second assessment, which interferes with the fair assessment process. 

Currently, there is a provision that the assessee has to keep a bank guarantee of Rs 3 lakh, which can be confiscated only if the fault is proved. But in practice the banks have been suing the assessee directly under banking offences, which is neither supported by the contract nor sanctioned by any law. When granting a loan, the borrower must present a guarantor, who legally will pay the loan as a borrower if the borrower fails to pay the loan through a letter of agreement.

The law of Nepal has clearly recognized the role of such guarantor, but trying to recover the debt from the appraiser in the absence of debt recovery is completely illegal, because the appraiser is neither a debtor nor a guarantor. So asking the assessee to repay the loan or accusing them of banking offenses is just an arbitrary step without any legal basis. 

Nepal Rastra Bank's IPRA Directive 12/081, point 7 provides that the appraiser can be blacklisted under special circumstances. But such arrangement is in direct conflict with the main purpose and section 88 of the Nepal Rastra Bank Act.

According to Nepali jurisprudence, delegated legislation cannot exceed the limits of the original law that gave birth to it. Such instructions are voidable if they go beyond the law. A number of judgments by the Supreme Court since 2052 have struck down delegated legislation on this basis. Therefore, the provision of blacklisting the assessee is held to be contrary to law, therefore illegal and invalid. 

Nepal Valuers Association has started a protest against Nepal Investment Mega Bank Limited against the increasing oppression and unconstitutional behavior of valuers. The association has raised the issue as a fight for professional survival. The association has a clear commitment to continue the struggle until the unconstitutional blacklisting, one-sided agreements and accusations of banking crimes come to an end.  The

appraiser's profession is at risk. On the one hand, the policies and behavior of the banks are trying to go above the law, on the other hand, the regulatory bodies seem to turn a blind eye. If this unfair situation is not stopped, the qualified technician will be forced to flee from this profession, which will definitely jeopardize the entire credit system and financial transparency. 

Now is the time - the government should intervene, the Nepal Rastra Bank should revise the guidelines according to the law and the banks should review the relationship with the appraisers on the basis of equality. Even now, if the agreement between the bank and the appraiser is not revised, this institutional injustice in the name of appraisal will raise questions in the democratic governance system.