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THE INSURANCE ACT, 1938

ACT NO. 4 OF 1938 · Enacted [26th February, 1938.] · 253 sections

PRELIMINARY

PROVISIONS APPLICABLE TO INSURERS

Section 2C.Prohibition of transaction of insurance business by certain persons.
Section 2CA.Power of Central Government to apply provisions of this Act to Special Economic Zones.
Section 2CB.Properties in India not to be insured with foreign insurers except with the permission of Authority.
Section 2D.Insurers to be subject to this Act while liabilities remain unsatisfied.
Section 2E.[Omitted.].
Section 3.Registration.
Section 3A.Payment of annual fee by insurer.
Section 3B.Certification of soundness of terms of life insurance business.
Section 4.Minimum limits for annuities and other benefits secured by policies of life insurance.
Section 5.Restriction on name of insurer.
Section 6.Requirements as to capital.
Section 6A.Requirements as to capital structure and voting rights and maintenance of registers beneficial owners of shares.
Section 6AA.[Omitted.].
Section 6B.Provision for securing compliance with requirements relating to capital structure.
Section 6C.[Omitted.].
Section 7.[Omitted.].
Section 8.[Omitted.].
Section 9.[Omitted.].
Section 10.Separation of accounts and funds.
Section 11.Accounts and balance-sheet.
Section 12.Audit.
Section 13.Actuarial report and abstract.
Section 14.Record of policies and claims.
Section 15.Submission of returns.
Section 16.[Omitted.].
Section 17.[Omitted.].
Section 17A.[Omitted.].
Section 18.Furnishing reports.
Section 19.Abstract of proceedings of general meetings.
Section 20.Custody and inspection of documents and supply of copies.
Section 21.Powers of Authority regarding returns.
Section 22.Powers of Authority to order revaluation.
Section 23.Evidence of documents.
Section 24.[Omitted.].
Section 25.Returns to be published in statutory forms.
Section 26.Alterations in the particulars furnished with application for registration to be reported.

INVESTMENT, LOANS AND MANAGEMENT

INVESTIGATION

APPOINTMENT OF STAFF

POWER TO ISSUE DIRECTIONS

CONTROL OVER MANAGEMENT

AMALGAMATION AND TRANSFER OF INSURANCE BUSINESS

ASSGNMENT OR TRANSFER OF POLICIES AND NOMINATIONS

COMMISSION AND REBATES AND LICENSING OF AGENTS

SPECIAL PROVISIONS OF LAW

ACQUISITION OF THE UNDERTAKINGS OF INSURERS IN CERTAIN CASES

MANAGEMENT BY ADMINISTRATOR

WINDING UP

SPECIAL PROVISIONS RELATING TO EXTERNAL COMPANIES

LIFE INSURANCE COUNCIL AND GENERAL INSURANCE COUNCIL AND COMMITTEES THEREOF

TARIFF ADVISORY COMMITTEE AND CONTROL OF TARIFF RATES

SOLVENCY MARGIN, ADVANCE PAYMENT OF PREMIUM AND RESTRICTIONS ON THE OPENING OF A NEW PLACE OF BUSINESS

[Omitted.].

RE-INSURANCE

MISCELLANEOUS

Section 102.Penalty for default in complying with, or act in contravention of this Act.
Section 103.Penalty for carrying on insurance business in contravention of sections 3.
Section 104.Penalty for contravention of sections 27, 27A, 27B, 27D and 27E.
Section 105.Wrongfully obtaining or withholding property.
Section 105A.Offences by companies.
Section 105B.Penalty for failure to comply with sections 32B, 32C and 32D.
Section 105C.Power to adjudicate.
Section 105D.Factors to be taken into account by the adjudicating officer.
Section 106.Power of Court to order restoration of property of insurer or compensation in certain cases.
Section 106A.Notice to and hearing of Authority.
Section 107.[Omitted.].
Section 107A.Chairman, etc., to be public servants.
Section 108.Power of Court to grant relief.
Section 109.Cognizance of offences.
Section 110.Appeal to Securities Appellate Tribunal.
Section 110A.Delegation of powers and duties of Chairperson of the Authority.
Section 110B.Signature of documents.
Section 110C.Power to call for information.
Section 110D.Certain claims for compensation barred.
Section 110E.[Omitted.].
Section 110F.Provisions applicable to state Governments, etc.
Section 110G.[Omitted.].
Section 110H.[Omitted.].
Section 110HA.Penalty to be recoverable as arrear of land revenue.
Section 111.Service of notices.
Section 112.Declaration of interium bonuses.
Section 113.Acquisition of surrender value by policy.
Section 114.Power of Central Government to make rules.
Section 114A.Power of Authority to make regulations.
Section 115.Alteration of forms.
Section 116.Power to exempt from certain requirements.
Section 116A.Summary of returns to be published.
Section 117.Saving of provisions of Indian Companies Act, 1913.
Section 118.Exemptions.
Section 119.Inspection and supply of copies of published prospectus, etc.
Section 120.Determination of market value of securities deposited under this Act.
Section 121.[Repealed.].
Section 122.[Repealed.].
Section 123.[Repealed.].