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 Section 40B

Limitation of expenses of management in life insurance business

~2 min read
https://sooperkanoon.com/act/457824

Bare act section · Research

About this section

Insurance Act, 1938 Section 40B is part of Insurance Act, 1938 - Limitation of expenses of management in life insurance business. Read the section text below and explore Indian court judgments that cite it.

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

Section Text

Section 40C read with Sch. VI.- "We think that the minimum number of insurance agents for a special agent should be two and for a chief agent, six in the case of small companies, and twelve in the case of big companies. The special agent may at the same time be permitted to do personal business, but he should procure annually for the insurer at least business to the extent of fifty thousand rupees sum assured. The principal agent may also in certain circumstances be permitted to do personal business. Some relaxation in the case of principal agents doing head office work for foreign insurers should, in our opinion, be allowed for a limited period as in the Proviso in the proposed section 40A(4). The limitation of expenses regarding life insurance business should be brought into force from 1st January, 1951, while the limitation of expenses for general insurance business may be from 1st January, 1950. We think that the basic limitation in either case should be prescribed by rules made under the Act, but the rules so made should have due regard to the size and age of the insurers concerned. We also feel that all decisions connected with relaxations in the limits of expenses for insurers should be taken by the Controller himself, after consulting the Executive Committee of the relevant Insurance Council". -S. C. R. Gazette of India, 1950, Pt. II, S. 2. page 100.

1) Every insurer transacting life insurance business in India shall furnish to the Controller, within such time as may be prescribed, statements in the prescribed form certified by an actuary on the basis of premiums currently used by him in regard to new business in respect of mortality, rate of interest, expenses and bonus loading.

(2) After the 31st day of December, 1950, no insurer shall, in respect of life insurance business transacted by him in India, spend as expenses of management in any calendar year an amount in excess of the prescribed limits and in prescribing any such limits regard shall be had to the size and age of the insurer and the provision generally made for expenses of management in the premium rates of insurers :

Provided that where an insurer has spent as such expenses in any year an amount in excess of the amount permissible under this sub-section, he shall not be deemed to have contravened the provisions of this section, if the excess amount so spent is within such limits as may be fixed in respect of the year by the Controller after consultation with the Executive Committee of the Life Insurance Council constituted under

Frequently asked questions

What does Insurance Act, 1938 Section 40B provide?

Section Section 40B of the Insurance Act, 1938 (Limitation of expenses of management in life insurance business) is reproduced on this page as part of the Insurance Act, 1938. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Insurance Act, 1938 Section 40B?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Insurance Act, 1938 Section 40B. Advanced act search can narrow results by court, year, or additional act filters.

Is the section 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