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.....

Insurance Act, 1938 (4 of 1938) Section 13

Title: Actuarial Report and Abstract

State: Central

Year: 1938

.....business shall apply also to any such sub-class of insurance business included in the class "Miscellaneous Insurance" as may be prescribed under sub-section (1) of section 10; and the 11 [Authority] may authorise such modifications and variations of regulations contained in Part I of the Fourth and Fifth Schedules and of the requirements of Part II of those Schedules as may be necessary to facilitate their application to any such sub-class of insurance business: Provided that, if the 11 [Authority] is satisfied that the number and amount of the transactions carried out by an insurer in any such sub-class of insurance business is so small as to render periodic investigation and valuation unnecessary, 12 [it] may exempt that insurer from the operation of this sub-section in respect of that sub-class of insurance business.] _________________________ 1. The Fourth Schedule has been omitted by Act 42 of 1950, section 12 (w.e.f. 1-6-1950). 2. Substituted by Act 47 of 1950, section 13, for "in every five years" (w.e.f. 1-6-1950) and again substituted by Act 41 of 1999, section 30 Schedule I, for "once at least in every three years " (w.e.f. 19-4-2000). 3. Added by Act 47 of.....

Insurance Act, 1938 (4 of 1938) Section 52

Title: Prohibition of Business on Dividing Principle

State: Central

Year: 1938

.....may either sanction such measures or refuse 4 [its] sanction, and, if 5 [it] refuses 4 [its] sanction or if the insurer does not report to 6 [it] as required by this sub-section, the provisions of sub-section (2) shall apply to the insurer forthwith.] ____________________________ 1. Section 52 re-numbered as sub-section (1) of that section by 13 of 1941, section 36 (w.e.f. 8-4-1941). 2. Added by Act 13 of 1941, section 36 (w.e.f. 8-4-1941). 3. Substituted by Act 47 of 1950, section 4, for "Superintendent of Insurance" (w.e.f. 1-6-1950) and again substituted by Act 41 of 1999, section 30 and Schedule, I, for "Controller" (w.e.f. 19-4-2000). 4. Substituted by Act 41 of 1999, section 30 and Schedule I, for "his" (w.e.f. 19-4-2000). 5. Substituted by Act 41 of 1999, section 30 and Schedule I, for "he" (w.e.f. 19-4-2000). 6. Substituted by Act 41 of 1999, section 30 and Schedule I, for "him" (w.e.f. 19-4-2000).

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].....

The Tamil Nadu Agriculturists Relief Act, 1938 Complete Act

State: Tamil Nadu

Year: 1938

.....Act, 1948) [31st March 1972] been assessed to income-tax under the (Substituted for the expression "31st March 1938" by Section 2 (1)(ii)(a) of the Act). [Income-tax Act, 1961, (Central Act 43 of 1961) or under the Income-tax law in force in any foreign country]. (Inserted by Section 2(1)(ii)(b), ibid). [ ]; or (B) (Substituted by section 2(i) of the Tamil Nadu Act XXIII of 1948). [has in all the four half-years immediately preceding] the (Substituted by section 2(1)(iii)(a) of the Tamil Nadu Act 8 of 1973). [1st March 1972] been (Substituted by section 2(ii) of the Tamil Nadu Act XXIII of 1948). [assessed to profession tax on a half-yearly income of more than (Substituted by section 2(1) (iii) (b) of the Tamil Nadu Act 8 of 1973). (one thousand and two hundred rupees)] derived from a profession other than agriculture under the (Substituted by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, which came into force on the 14th January 1969). [Tamil Nadu] District Municipalities Act, 1920, [Substituted by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws.....

Bombay Forfeited Lands Restoration Act, 1938 Complete Act

State: Maharashtra

Year: 1938

.....and the rents and profits, if any, received or receivable on account thereof. (2) Every person required to make or deliver a statement under this section or under section 5 shall be deemed to be legally bound to do so within the meaning of section 175 and 176 of the Indian Penal Code. 7. Inquiry by Tribunal and Award :- (1) On the day fixed in the notice given by the Tribunal under section 5 or any other day to which the inquiry may be adjourned, the Tribunal shall proceed to enquire regarding- (i) the amount of compensation to be awarded for the land: and (ii) the respective interests of the persons claiming compensation. (2) The Tribunal shall then make an award stating the amount of compensation which in its opinion should be awarded for the land. Such award shall be in writing and where there are several persons interested in the land, the award shall also state the amount of compensation to be awarded to each. 8. Procedure before Tribunal : Save as otherwise provided by or under this Act, the provisions of the Code of Civil Procedure, 1908, shall, so far as may be, apply to any enquiry before the Tribunal under this Act. 9. Amount of compensation :- (1).....

The Orissa Cooperative Land Mortgage Bank Act, 1938 Complete Act

State: Orissa

Year: 1938

.....of powers by managing committee. 39. Managing committee's power of making regulations. 40. Amendment of section 89 of the Indian Regulation Act, 1903. Orissa Act III of 1938. THE ORISSA CO-OPERATIVE LAND MORTGAGE BANK ACT, 1938. [The assent of the Governor to the Act was published in the Orissa Gazette of the 18th March 1938.] An Act to Facilitate the Working of a Co-Operative Land Mortgage Bank in the Province of Orissa. Preamble. Bihar and Orissa Act VI of 1935. Madras Act VI of 1932. WHEREAS it is expedient to supplement the provisions of the Bihar and Orissa Co-operative Societies Act, 1935, and the Madras Cooperative Societies Act, 1932, which are in force in different parts of the Province of Orissa in order to facilitate the working of a Co-operative Land Mortgage Bank in the Province with a view to provide for the grant of long term loans to proprietors of estates and owners of land or other immovable property, to enable them to discharge their debts, to carry out agricultural improvements, to acquire land for the formation of economic holdings and other like purposes and thereby to promote thrift and self-help among them; It is hereby enacted as follows:- .....

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 42B

Title: Regulation of Employment or Principal Agents

State: Central

Year: 1938

.....with respect to terms regarding remuneration, be deemed to have been so altered as to be in accordance with the provisions of sub-section ( 4 ) of section 40 A. ( 8 ) If any dispute arises as to whether a person is or was a principal agent, the matter shall be referred to the2[ Authority], whose decision shall be final. ( 9 ) Every insurer shall maintain a register in which the name and address of every principal agent appointed by hi m, the date of such appointment and the date, if any, on which the appointment ceased shall be entered.] _________________________ 1. Inserted by Act 47 of 1950, section 33 (w.e.f. 1-9-1950). 2. Substituted by Act 41 of 1999, section 30 and Schedule I, for Controller (w.e.f. 19-4-2000).