Skip to content

Statute → case law

See how courts applied this provision

Jump to judgments under this act, then open an AI Brief on any order. Semantic Search helps you ask in plain English.

  • AI Brief & Ask
  • Semantic AI Search

Credentials emailed - log in to pick up where you left off.

TypeBare Act JurisdictionCentral Government

Insurance Act, 1938

Complete Act - all sections

~13 min read
https://sooperkanoon.com/act/133752

Bare act · Research

About this act

Insurance Act, 1938 is Central state legislation published on SooperKanoon in full. Use this page to read the bare act and jump to judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Act Text

Preamble1 - Insurance Act, 1938
Section3 - (16-4-1950). Manipur and Tripura are Union territories now and Vindhya Pradesh has been merged with the State of Madhya
Section1 - Short title, extent and commencement Statements prepared under this Schedule must be prepared, so far as practicable,
Section2 - Definitions Except with respect to rates of premium or contribution, items in statements prepared under this Schedule
Section2A - Rule of construction in applying Act to Part B States
Section2B - Appointment of Controller of Insurance PART 2 PROVISIONS APPLICABLE TO INSURERS
Section2C - Prohibition of transaction of insurance business by certain persons 45[a] See footnote [a] under
Section2D - Insurers to be subject to this Act while liabilities remain unsatisfied [. .- Every insurer shall be subject to all the
Section2E - This Act not to apply to certain insurers, ceasing to enter into new contracts before commencement 55[a] See footnote
Section98 - before application for registration is made has been deposited together with a certificate from the Reserve Bank of
Section97 - apply, a declaration verified by an affidavit made by the principal officer of the insurer authorized in that behalf
Section4 - (1-6-1950). [Controller] shall withhold registration or shall cancel a registration already made, if he is satisfied
Section62 - is not satisfied. 76[a] Substituted and deemed always to have been substituted for the original sub-section
Section7 - (1-9-1950). [
Section3A - Renewal of registration
Section3B - Certification of soundness of terms of life insurance business [. .- If, when considering an application for
Section8 - (1-6-1950). [this Act] applies, shall pay] or undertake to pay on any policy of life insurance issued after the 120[c]
Section5 - (20-3-1946). [commencement of the Insurance
Section6 - (20-3-19461. [Provided further that in the application of this section to any insurer who begins to carry on insurance
Section6A - Requirements as to capital structure and voting rights and maintenance of registers of beneficial owners of shares
Section6B - Provision for securing compliance with requirements relating to capital structure
Section6C - Conversion of company limited by shares into company limited by guarantee
Section9 - Refund of deposit [. .- Where an insurer has ceased to carry on in India all classes of insurance business, and his
Section10 - Separation of accounts and funds
Section11 - (1-6-1950). [and every insurer shall, within the time limited in
Section12 - (1-6-1950). [accompanied by a statement containing the names, descriptions and occupations of, and the directorships
Section13 - Actuarial report and abstract
Section14 - Register of policies and register of claims Every insurer, in the case of an insurer specified in sub-clause
Section15 - Submission of returns
Section16 - Returns by insurers established outside India
Section17 - Exemption from certain provisions of the Indian Companies Act, 1913 Where an insurer, being a company incorporated
Section17A - This Act not to apply to preparation of accounts, etc., for periods prior to this Act coming into force [. .- Nothing
Section18 - Furnishing reports Every insurer shall furnish to the 212[a] Substituted for "Superintendent of Insurance" by the
Section19 - Abstract of proceedings of general meetings Every insurer, being a company or body incorporated under any law for the
Section20 - Custody and inspection of documents and supply of copies
Section21 - Powers of Controller regarding returns
Section22 - Powers of Controller to order revaluation [
Section23 - Evidence of documents
Section24 - Summary of returns to be published [Omitted by the Insurance
Section25 - Returns to be published in statutory forms No insurer shall publish in 241[a] Substituted for "the States" by Jammu and
Section26 - Alternations in the particulars furnished with application for registration to be reported Whenever any alteration
Section27 - Investment of assets
Section27A - Further provisions regarding investments
Section27B - Further provisions regarding investments
Section28 - Statement of investments of assets 254[a] Sub-sections
Section28A - Return of investments relating to controlled fund and changes therein 269[a] Inserted by the Insurance
Section28B - Returns of investments relating to the assets and changes therein 272[a] Inserted by Insurance
Section29 - Prohibition of loans 274[a]
Section30 - Liability of directors, etc., for loss due to contravention's of sections 27, 27A and 29 If by reason of a
Section31 - Asscts of insurer how to be kept 282
Section31A - Provisions relating to managers, etc
Section31B - Power to restrict payment of excessive remuneration 289[a] Inserted by the Insurance
Section32 - Limitation on employment of managing agents and on the remuneration payable to them
Section32A - Prohibition of common officers and requirement as to whole time officers
Section33 - Power of investigation
Section33A - Power to appoint staff The Central Government or the Controller may appoint such staff, and at such places as it or he
Section34 - Power of the Controller to issue directions
Section34A - Amendment of provisions relating to appointments of managing directors, etc., to be subject to previous approval of the
Section388 - make; the provisions of
Section311 - apply in relation to the manager of the company) of the Companies Act, 1956, shall apply to any matter in respect of
Section34B - Power of Controller to remove managerical persons from office
Section34C - Power of Controller to appoint additional directors
Section34D - Sections 34B and 34C to override other laws Any appointment or removal of a director or chief executive officer in
Section34E - Further powers of Controller The Controller may,
Section34F - Power of Controller to issue directions regarding re-insurance treaties, etc
Section34G - Power of Controller to order closure of foreign branches Without prejudice to the generality of the powers conferred by
Section34H - Search and seizure
Section35 - Amalgamation and transfer of insurance business
Section36 - Sanction of amalgamation and transfer by Controller 313[b] Substituted for "Court", by the Insurance
Section37 - Statements required after amalgamation and transfer Where an amalgamation takes place between any two or more insurers,
Section37A - Power of Controller to prepare scheme of amalgamation
Section38 - Assignment and transfer of insurance policies
Section39 - Nomination by policy-holder
Section40 - Prohibition of payment by way of commission or otherwise for procuring business
Section40A - Limitation of expenditure on commission 368 Sections 40-A, 40-B and 40-C were inserted by the Insurance
Section102 - in respect of a contravention of any of the provisions of the preceding sub-sections by an insurer, any insurance agent
Section40B - Limitation of expenses of management in life insurance business
Section40C - Limitation of expenses of management in general insurance business 372[a] See footnote under
Section41 - Prohibition of rebates
Section42 - Licensing of insurance agents 377[a] Substituted for the former sub-section
Section42A - entitling it to act as a principal agent for the purpose of procuring insurance business : Provided further that in the
Section42B - Regulation of employment of principal agents
Section42C - Regulation of employment of chief agents and special agents 392[a] See footnote
Section42E - Commission, brokerage or fee payable to intermediary or insurance intermediary. 394
Section43 - Register of insurance agents
Section44 - Prohibition of cessation of payments of commission
Section44A - Power to call for information [- For the purposes of ensuring compliance with the provisions of
Section45 - Policy not to be called in question on ground of misstatement after two years No policy of life insurance effected
Section46 - Application of the law in force in India to policies issued in India The holder of a policy of insurance issued by an
Section47 - Payment of money into Court
Section47A - Claims on small life insurance policies
Section48 - Directors of insurers being companies
Section48A - Life insurance agents not to be directors of life insurance companies [. .- No insurance agent who solicits or procures
Section48B - Further provision regarding directors
Section48C - Appointment of additional directors [Omitted by the Insurance
Section49 - Restriction on dividends and bonuses 426[a] Substituted by the Insurance
Section50 - Notice of options available to the assured on the lapsing of a policy An insurer shall, [before the expiry of three
Section51 - Supply of copies of proposals and medical reports Every insurer shall, on application by a policy-holder and on payment
Section52 - Prohibition of business on dividing principle 435
Section52A - When Administrator for management of insurance business may be appointed
Section52B - Powers and duties of the Administrator
Section106 - (1) If the Administrator is satisfied that any person has rendered himself liable to be proceeded against under
Section52C - Cancellation of contracts and agreements [ The Administrator may, at any time during the continuance of his appointment
Section52D - Termination of appointment of Administrator [ If at any time, on a report made by the Controller in this behalf, it
Section52E - Finality of decision appointing administrator [ Any order or decision of the Central Government made in pursuance of
Section52F - Penalty for withholding documents or property from Administrator [. .- If any director or officer of the insurer or any
Section52G - Protection of action taken under Sections S2-A to 52-D
Section52H - Power of Central Government to acquire undertakings of insurers in certain cases
Section52I - Power of Central Government to make scheme
Section52M - (both inclusive) in relation to the acquired insurer
Section52J - Compensation to be given to the acquired insurer
Section52K - Constitution of the Tribunal
Section52L - Tribunal to have powers of Civil Court
Section52N - Special provisions for the dissolution of acquired insurers Where any acquired insurer, being a company, has in
Section53 - Winding up by the Court
Section53A - Unpaid-up share capital [ Notwithstanding anything contained in any other law, in ascertaining for any purpose of this
Section54 - Voluntary winding up Notwithstanding anything contained in the Indian Companies Act, 1913, an insurance company shall
Section55 - Valuation of liabilities
Section56 - Application of surplus assets of life insurance fund in liquidation or insolvency
Section57 - Winding up of secondary companies
Section58 - Schemes for partial winding up of insurance companies
Section59 - Return of deposits In the winding up of an insurance company 460[a] Inserted by the Insurance
Section60 - Notice of policy values In the winding up of an insurance company for the purposes of a cash distribution of the assets
Section61 - Power of Court to reduce contracts of insurance
Section63 - Particulars to be filed by insurers established outside India Every insurer, having his principal place of business or
Section64 - Books to be kept by insurers established outside India Every insurer having his principal place of business or domicile
Section64A - Incorporation of the Insurance Association of India
Section64B - Entry of names of members in the register
Section64C - Councils of the Insurance Association of India There shall be two Councils of the Insurance Association of India,
Section64D - Authority of members of Association to act through agents It shall be lawful for any member of the Life Insurance
Section64E - Authorities of the Life Insurance Council and the General Insurance Council The authorities of the Life Insurance
Section64F - Executive Committees of the Life Insurance Council and the General Insurance Council
Section64G - Resignation and filing up of casual vacancies
Section64H - Duration and dissolution of Executive Committees
Section64I - Powers of Executive Committee of Life Insurance Council to hold examinations for insurance agents The Life Insurance
Section64J - Functions of Executive Committee of Life Insurance Council
Section64K - Executive Committee of Life Insurance Council may advise in controlling expenses
Section64L - Functions of Executive Committee of General Insurance Council
Section64M - Executive Committee of General Insurance Council may advise in controlling expenses
Section64N - Power of the Executive Committee to act together in certain cases The Central Government may prescribe the circumstance
Section64O - Omitted [Omitted by the Insurance
Section64P - Omitted [Omitted by the Insurance
Section64Q - Omitted [Omitted by the Insurance
Section64R - General powers of Life Insurance Council and General Insurance Council
Section64S - Power of Central Government to remove difficulties The Central Government may exercise such powers as may be necessary
Section64T - Power to exempt The Central Government may, subject to such conditions and restrictions as it may think fit to impose,
Section64U - Establishment of Tariff Advisory Committee
Section65 - Definition of "provident society"
Section65A - Prohibition of transaction of insurance business by provident societies other than public companies or co-operative
Section66 - Restrictions on provident societies [ No provident society shall undertake any form of insurance not falling within the
Section67 - Name No provident society established after the commencement of this Act shall adopt as its name, and no provident
Section68 - Insurable interest [Repealed by the Insurance
Section69 - Dividing business
Section70 - Registration
Section73 - has been made; 512[c] The word "and" was omitted by Act 13 of 1941,
Section72 - is available", by Insurance
Section70A - Renewal of registration
Section70B - Supplementary information and reports of alterations in particulars furnished with application for registration
Section71 - Certain provisions of Part II to apply to provident societies [. .- The provisions of 547[b] Substituted for "sections
Section73A - Restriction on name of provident society
Section74 - Rules
Section75 - Amendment of rules
Section76 - Supply of copy of rules Every provident society shall on demand deliver free of cost to any member of the society a
Section77 - Registered office Every provident society [shall have in 559 Substituted for "the States" by the Jammu and Kashmir
Section78 - Publication of authorised capital to contain also subscribed and paid-up capital Where any notice, advertisement or
Section79 - Registers and books Every provident society [shall keep at its principal office in 561 Substituted for "the States" by
Section80 - Revenue account, balance-sheet and annual statements
Section81 - Actuarial report and abstract
Section82 - Submission of returns to Controller
Section83 - Actuarial examination of schemes
Section84 - Separation of accounts and funds Where a provident society effects policies of insurance in connection with more than
Section85 - Investment of funds 591[a] Sub-section
Section86 - Inspection of books The books of every provident society shall at all reasonable times be open to inspection by the
Section87 - Inquiry by or on behalf of Controller 493[a] Substituted and deemed always to have been substituted for the former
Section87A - Amalgamation and transfer of insurance business
Section88 - Winding up by Court and voluntary winding up
Section89 - Reduction in insurance contracts The Court may make an order reducing the amount of the insurance contracts of a
Section90 - Appointment of liquidator
Section90A - Application of Act to liquidators [. .- Notwithstanding anything to the contrary contained in the provisions of
Section91 - Powers of liquidator
Section92 - Procedure at liquidation
Section93 - Dissolution of provident society
Section94 - Nomination and assignments
Section94A - Insurance co-operative society to be an insurer
Part4 - MUTUAL INSURANCE COMPANIES AND CO-OPERATIVE LIFE INSURANCE SOCIETIES
Section95 - Definitions
Section96 - Application of Act to Mutual Insurance Companies and Co-operative Life Insurance Societies The provisions of
Section98A - Prohibition of loans [. .- The provisions of
Section99 - Transferees and assignees of policies not to become members .- No transferee or assignee of a policy issued by an
Section100 - Publication of notices and documents of Mutual Insurance Companies and Co-operative Life Insurance Societies
Section101 - Supply of documents to members .- Every Mutual Insurance Company and every Co-operative Life Insurance Society shall,
Section101A - Re-insurance with Indian re-insurers
Section101B - Advisory Committee 682[a] Inserted by the Insurance
Section101C - Examination of re-insurance treaties [. .- The Controller may, at any time,
Section103 - Penalty for carrying on insurance business in contravention of sections 3, 7 and 98
Section104 - Penalty for false statement in document Whoever, in any return, report, certificate, balance sheet or other document,
Section105 - Wrongfully obtaining or withholding property 685[a] Substituted and shall be deemed always to have been substituted for
Section106A - Notice to and hearing of Controller
Section107 - Previous sanction of Advocate-General for institution of proceedings 687[a] Inserted by Insurance
Section107A - Chairman, etc., to be public servants [. .- Every whole-time Chairman, whole- time director, auditor, liquidator,
Section108 - Power of Court to grant relief .- If in any proceedings, civil or criminal, it appears to the Court hearing the case
Section109 - Cognizance of offences 723[a] Sub-sections
Section110 - Appeals
Section110A - Delegation of powers and duties of Controller 688[a] See footnote [a] under S. 110A. [. .- The 729[b] Substituted for
Section110B - Signature of documents 689[a] Inserted by the Insurance
Section110C - Power to call for information 690[a] Sections 110D to 110H inserted by the Insurance
Section110D - Certain claims for compensation barred [. .- No person shall have any right, whether in contract or otherwise, to any
Section110E - Sections 3A, 27B, 28B, 33 etc., to apply to general insurance business of the Life Insurance Corporation of India
Section110F - Provisions applicable to State Governments etc . .- The provisions of sections 3, S.3A of the Companies Act, 1956,
Section110G - Constitution of Consultative Committee
Section110H - Appeals
Section111 - Service of notices
Section112 - Declaration of interim bonuses . .- Notwithstanding anything to the contrary contained in this Act an insurer carrying
Section113 - Acquisition of surrender values by policy . .- [A policy of life insurance under which the whole of the benefits become
Section114 - Power of Central Government to make rules
Section115 - Alteration of forms . .- The Central Government may, on the application or with the consent of an insurer, not being a
Section116 - Power to exempt from certain requirements 691[a] Sub-sections
Section116A - Summary of returns to be published . .- The Central Government shall every year cause to be published in such manner as
Section117 - Saving of provisions of Indian Companies Act, 1913 ..- Nothing in this Act shall affect the liability of an insurer
Section118 - Explanation [. .- Nothing in this Act shall apply
Section119 - Inspection and supply of copies of published prospectus, etc 769[a] Substituted by the Insurance
Section120 - Determination of market value of securities deposited under this Act .- The market value on the day of deposit of
Section122 - Amendment of Schedule I, Act 9 of 1908 .- [Repealed by the Repealing and Amending Act, 1957
Section123 - Repeals .- [Repealed by the Repealing and Amending Act, 1957

Frequently asked questions

What is the Insurance Act, 1938?

The Insurance Act, 1938, is Central state legislation available in full text on SooperKanoon. It is commonly used for legal research alongside judgments that interpret and apply its provisions.

How can I find court judgments citing the Insurance Act, 1938?

Use “Find citing judgments” on this page to search reported decisions from Indian courts and tribunals that reference the Insurance Act, 1938. You can also start from the Bare Acts hub or run an advanced act search for tighter filters.

Is the act text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial