Bare Act Search Results

Insurance Act, 1938 Complete Act

State: Central

Year: 1938

.....to the business of insurance. Whereas it is expedient to consolidate and amend the law relating to the business of insurance; It is hereby enacted as foltows :- This Act has been applied to- (i) the partially excluded areas in the District of Darjesling, see Bengal Government Notification No. 1902-Com., dated 28-6-1939, Calcutta Gazette, dated 16-7-1939; (ii) the partially excluded areas in the Province of Orissa with effect from 14-10-1939, see Orissa Laws Validating Regulation, 1943 (1 of 1943). The Act has been extended to the new Provinces and Merged States by the S.3OF THE Merged States (Laws) Act, 1949 (1-1-1950) and to the States of Manipur, Tripura and Vindhya Pradesh by the Union Territories (Laws) Act, 1950 (30 of 1950), section 3 (16-4-1950). Manipur and Tripura are Union territories now and Vindhya Pradesh has been merged with the State of Madhya Pradesh -- See Act 37 of 1956, section 9(1)(e). It has been extended to the Union territories of- (1) Goa, Daman and Diu by Regn. 12 of 1962 (15-12-1963); (2) Dadra and Nagar Haveli, by Regn. 6 of 1963 (1-7-1965); (3) Pondicherry, by Regn. 7 of 1963 (1-10-1963); and (4) Laccadiv, Minicoy and Amindivi Islands, by Regn......

Insurance Act, 1938 (4 of 1938) Part II

Title: Provisions Applicable to Insurers

State: Central

Year: 1938

.....section 2 and Schedule, for "theStates" (w.e.f. 1-11-1956). Section 2E - This Act not to apply to certain insurers, ceasing to enter into new contracts before commencement of Act The provisions of this Act shall not apply to an insurer as defined in paragraph (i) or (iii) of sub-clause (a) of clause (9) of section 2 in relation to any class of his insurance business where such insurer has ceased, before the commencement of this Act, to enter into any new contracts of that class of business.] Section 3 - Registration (1) No 1 [person] shall, after the commencement of this Act, begin to carry on any class of insurance business in 2 [India] and no insurer carrying on any class of insurance business in 2 [India] shall, after the expiry of three months from the commencement of this Act, continue to carry on any such business, unless he has obtained from the 3 [Authority] a certificate of registration 4 [for the particular class of insurance business]: 5 [Provided that in case an insurer who was carrying on any class of insurance business in 2 [India] at the commencement of this Act, failure to obtain a certificate of registration in accordance with the requirements of this.....

Manoeurses, Field Firing and Artillery Practice Act, 1938 Chapter II

Title: Field Firing and Artillery Practice

State: Central

Year: 1938

.....publication one week as nearly as may be before the commencement of the period or of each period specified in the notification : Provided that the fact of the said beat of drum and affixation shall be verified in writing by one headman and two other literate inhabitants of the locality and provided further that such notice by the beat of drum shall be given seven and two days as nearly as may be before the commencement of such field firing and artillery practice. Section 10 - Powers exercisable for purposes of field firing and artillery practice (1) Where a notification under sub-section (2) of section 9 has been issued, such persons as are included in the forces engaged in field firing or artillery practice may, within the notified area or specified part thereof during the specified period or periods,-- (a) carry out field firing and artillery practice with lethal missiles, and (b) exercise, subject to the provisions of sections 3 and 4, any of the rights conferred by section 3 on forces engaged in military manceuvres : Provided that the provisions of sub-section (2) of section 3 shall not debar entry into, or interference with, any place specified in that.....

Manoeuvres, Field Firing and Artillery Practice Act, 1938 Complete Act

State: Central

Year: 1938

MANOEUVRES, FIELD FIRING AND ARTILLERY PRACTICE ACT, 1938 MANOEUVRES, FIELD FIRING AND ARTILLERY PRACTICE ACT, 1938 5 of 1938 [12th March, 1938] "To maintain the efficiency of the Army it is necessary-in India, as in every other country, to hold manoeuvres and to practice firing in open country from time to time. Manoeuvres take place over large areas and should preferably be held in different localities every year. Firing practice is of two kinds, either with artillery or with rifles or machine-guns. The latter may be sub-divided again into firing at targets on a rifle range and field firing, or practice in the open country under conditions similar to those of war. Manoeuvres, artillery practice and field firing, all involve, some invasion of private rights and a certain amount of damage to private property, because sufficient waste land for these purposes does not exist within reach of cantonments. It follows also that, in the interests of their safety, it may be necessary to exclude the owners of the land from it for short periods during such operations. At present with the co-operation of the civil authorities, local military authorities come to an agreement with.....

Insurance Act, 1938 (4 of 1938) Part III

Title: Provident Societies

State: Central

Year: 1938

.....incorporated under the Indian Companies Act, 1913 (7 of 1913) 2 [or under the Indian Companies Act, 1882 (6 of 1882) or under the Indian Companies Act, 1866 (10 of 1866) or under any Act repealed thereby,] a certified copy of the Memorandum and Articles of Association or where the society is not such a company a certified copy of the deed of constitution of the society; (b) the names and addresses of the proprietors or directors, and the managers of the society, the full address of the registered office of the society, 2 [the full address of the principal office of the society in 14[India], the name of the manager at such office, and the name and address of some one or more persons resident in 3 [India] authorised to accept any notice required to be served on the society]; (c) a certificate from the Reserve Bank of India that the initial deposit referred to in section 73 has been made; 4 [***] (d) a declaration verified by an affidavit 5 [made by the principal officer of the society authorised in that behalf] that the minimum working capital required by section 72, is available; 6 [and 6 [(e) the 7 [receipt showing payment in the prescribed manner of the prescribed fee].....

Manoeurses, Field Firing and Artillery Practice Act, 1938 Section 11

Title: Compensation

State: Central

Year: 1938

The provisions of sections 5 and 6 shall apply in the case of field firing and artillery practice as they apply in the case of military manceuvres : Provided that the compensation payable under this section shall include compensation for exclusion or removal from any place declared to be a danger zone of persons or domestic animals, such compensation to be disbursed at not less than the minimum rates prescribed by rules made under section 13 before the exclusion or removal is enforced, and shall also include compensation for any loss of employment or deterioration of crops resulting from any such exclusion or removal.

Insurance Act, 1938 (4 of 1938) Section 72

Title: Working Capital

State: Central

Year: 1938

No provident society1[ *** ] shall be registered unless it has a paid-up capital sufficient to provide as working capital a net sum of not less than five thousand rupees exclusive of deposits made under this Act and exclusive in the case of a company of any expenses incurred in connection with the formation of the company. _____________________ 1. The words "established after the commencement of this Act" omitted by Act 13 of 1941, section 41 (w.e.f. 8-4-1941).

Insurance Act, 1938 (4 of 1938) Part V

Title: Miscellaneous

State: Central

Year: 1938

.....the purposes of that sub-section, be deemed to be liable for that act in the same manner and to the same extent as the person who has committed the act, unless he proves that the act was committed without hi s consent or connivance and was not facilitated by any neglect or omission on hi s part. ( 4 ) Where at any stage of the proceedings against any person under this section (he reinafter referred to as the delinquent), the Court is satisfied by affidavit or otherwise-- (a) that a prima facie case has been made out against the delinquent; and (b) that it is just and proper so to do in the interests of the policy-holders of an insurer or of the me mbers of an insurance company, the court may direct the attachment of-- (i) any property of the insurer in the possession of the delinquent; (ii) any property of the delinquent which belongs to hi m or is deemed to belong to hi m within the me aning of sub-section ( 5 ); (iii) any property transferred by the delinquent within two years before the commencement of proceedings under sub-section ( 1 ) or during the pendency of such proceedings, if the Court is satisfied by affidavit or otherwise that the transfer was.....

Insurance Act, 1938 (4 of 1938) Section 44

Title: Prohibition of Cessation of Payments of Commission

State: Central

Year: 1938

.....for any other person. Explanation.--For the purposes of this sub-section, service of an insurance agent under a chief agent of the insurer, whether before or after the commencement of the Insurance (Amendment) Act, 1950, shall be deemed to be service under the insurer. ( 2 ) Any commission payable to an insurance agent under the provisions of clauses (b) and (c) of the proviso to sub-section ( 1 ) shall, notwithstanding the death of the agent, continue to be payable to hi s heirs for so long as such commission would have been payable had such insurance agent been alive.] ___________________________ 1. Substituted by Act 47 of 1950, section 34, for section 44 (w.e.f. 1-6-1950).

Insurance Act, 1938 (4 of 1938) Section 64VA

Title: Sufficiency of Assets

State: Central

Year: 1938

.....thousand rupees in respect of a country craft insurer or in respect of an insurer not having a share capital and carrying on only such insurance business as, in the opinion of the Central Government, is not carried on ordinarily by insurers under separate policies. 2 [(7) Every insurer shall furnish to the Authority his returns under section 15 or section 16, as the case may be, in case of life insurance business a statement certified by an actuary approved by the Authority, and in case of general insurance business a statement certified by an auditor approved by the Authority, of the required solvency margin maintained by the insurer in the manner required by sub-section (1A).] ______________________ 1. Substituted by Act 41 of 1999, section 30 and Schedule I, for "at all times" (w.e.f. 19-4-2000). 2. Inserted by Act 41 of 1999, section 30 and Schedule I (w.e.f. 19-4-2000). 3. Substituted by Act 41 of 1999, section 30 and Schedule I, for "Controller" (w.e.f. 19-4-2000).