Bare Act Search Results

Calcutta Official Receivers Act, 1938 Complete Act

State: West Bengal

Year: 1938

.....of Official Receiver as receiver and his duties, rights and liabilities as such Subject to, and in accordance with, the provisions of this Act and of rules made thereunder but notwithstanding the provision of sub-section (2) of section 3, the Official Receiver may be appointed a receiver by the Court in respect of any property, and save as provided in this Act, he shall have the same powers, duties and liabilities, shall be entitled to the same rights and privileges and shall be subject to the same control by the Court as any other receiver so appointed. Section 5 Conditions of receivership (1) The Official Receiver shall not act as receiver in respect of any property except in accordance with the provisions of this Act and of rules made thereunder. (2) Notwithstanding anything contained in any other law, the Official Receiver (a) shall not be required by the Court to enter into any bond or security, and (b) shall always be a sole receiver, and it shall not be lawful to appoint him to be a receiver in respect of any property jointly with any other person. Section 6 Liability of State revenues in certain cases (1) The 44. Words subs. by W.B. Act 18 of 1959......

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.....

Criminal Law Amendment Act, 1938 Complete Act

State: Central

Year: 1938

.....mutiny or insubordination under section 27 of the Indian Army Act, 1911, or sections 10,12and14to17inclusive of6[* * *]the Indian Navy (Discipline) Act, 1934orsections 35to37inclusive of the Indian Air Force Act, 1932, as the case may be, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both. No person shall be prosecuted for any offence under this Act except with the previous sanction of the 7[State Government]8. Exception 1.- The provisions of clause (a) of this section do not extend to comments on or criticism of the policy of Government in connection with the Military, Naval or Air Forces, made in good faith without any intention of dissuading from enlistment. Exception II.- The provisions of clause (a) of this section do not extend to the case in which advice is given in good faith for the benefit of the individual to whom it is given, or for the benefit of any member of his family or of any of his dependants. 2. Words "except Part B States"were omitted by the Part B States Laws Act, 1951 (3 of 1951), S. 3 and Sch. (1-4-1951). 3. Substituted for 'Province' by A.L.O., 1950. 4. The Act came into force- (i) in.....

Insurance Act, 1938 (4 of 1938) Section 27A

Title: Further Provisions Regarding Investments

State: Central

Year: 1938

.....fund of any employee or to any security taken from any employee or other moneys of a like nature are required to be held by or under any Central Act, or Act of a State legislature. Explanation --In this section "controlled fund" me ans-- (a) in the case of any insurer specified in sub-clause (a) (ii) or sub-clause (b) of clause ( 9 ) of section 2 carrying on life insurance business -- (i) all hi s funds, if he carries on no other class of insurance business; (ii) all the funds appertaining to hi s life insurance business if he carries on some other class of insurance business also; and (b) in the case of any other insurer carrying on life insurance business- (i) all hi s funds in India, if he carries on no other class of insurance business; (ii) all the funds in India appertaining to hi s life insurance business if he carries on some other class of insurance business also; but does not include any fund or portion thereof in respect of which the4[ Authority] is satisfied that such fund or portion thereof, as the case may be, is regulated by the law of any country outside India or in respect of which the4[ Authority] is satisfied that it would not be in the.....

Insurance Act, 1938 (4 of 1938) Schedule V

Title: The Fifth Schedule

State: Central

Year: 1938

.....are to be shown to the nearest rupee. 3. Extra premium shown in the Forms of Summary and Valuation prepared under the Fourth Schedule to this Act must not be included in statements prepared under this Schedule. 4. Every statement prepared under this Schedule shall be signed by the actuary making the investigation in connection with which it is prepared. 5. For the purposes of this Schedule the following expressions have the meanings hereby respectively assigned to them, namely:-- (a) "annual loading" means the provision made for future expenses and profits; (b) "extra premiums" means a charge for any risk not provided for in the minimum contract premium; (c) "net premiums" means the premiums taken credit for in the valuation in connection with which any statement is prepared; and (d) "valuation date" means as respects any valuation the date as at which the valuation is made. PART II REQUIREMENTS FOR STATEMENTS APPLICABLE TO LIFE INSURANCE The statements required to be prepared under this Part of this Schedule are as follows, namely:-- 1. Statements separately prepared in respect of policies with and without participation in profits, showing:-- (a) as.....

Employers Liability Act, 1938 Preamble 1

Title: The Employers Liability Act, 1938

State: Central

Year: 1938

.....Act, 1949 (59 of 1949), Section 3(1-1-1950) and to the Union territories of Manipur and Tripura by the Union Territories (Laws) Act, 1950 (30 of 1950), Section 3 (16-4-1950). Manipur and Tripura are now States - See Act 81 of 1971. Vindhya Pradesh to which also this Act was extended by Act 30 of 1950, now forms part of the State of Madhya Pradesh - See Act 37 of 1956, Section 9 (1) (e). It has also been extended to States merged in the State of- Bombay-See Bombay Act 4 of 1950; Bombay has been split up now into two States-Maharashtra and Gujarat, Part also going to Mysore now Karnataka. Punjab-See Punjab Act 5 of 1950; Punjab stands divided into two States-Punjab and Haryana. (See Act 31 of 1966), Part of it has been added to Himachal Pradesh. It has now been extended to the Union territories of- (i) Dadra and Nagar Haveli by Rcgn. 6 of 1963 (1-7-1965); and (ii) Pondicherry by Regn. 7 of 1963 (1-10-1963). 2. Words "in the Provinces" were omitted by A.L.O., 1950.

Insurance Act, 1938 (4 of 1938) Section 27

Title: Investment of Assets

State: Central

Year: 1938

.....( 2 ) of that section, in any other investment. (2) For the purposes of sub-section ( 1 ),-- (a) the amount of any deposit made under section 7 or section 98 by the insurer in respect of his life insurance business shall be deemed to be assets invested or kept invested in Government securities; (b) the securities of, or guaranteed as to principal and interest by, the Government of the United Kingdom shall be regarded as approved securities other than Government securities for a period of four years from the Commencement2of the Insurance (Amendment) Act, 1950 , in the manner and to the extent hereinafter specified, namely:-- (i) during the first year, to the extent of twenty-five per cent in value of the sum referred to in sub-section ( 1 ); (ii) during the second year, to the extent of eighteen and three fourths per cent . i n value of the said sum; (iii) during the third year, to the extent of twelve and a half per cent in value of the said sum; and (iv) during the fourth year, to the extent of six and a quarter per cent in value of the said sum: Provided that, if the3[Authority] so directs in any case, the securities specified in (b) shall be regarded.....

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 6A

Title: Requirements as to Capital Structure and Voting Rights and Maintenance of Registers of Beneficial Owners of Shares

State: Central

Year: 1938

.....the expressions "group" and "same management" shall have the same meanings respectively assigned to them in the Monopolies and Restrictive Trade Practices Act, 1969 (54 of 1969).] (5) Every person who has any interest in any share of a company referred to in sub-section (4) which stands in the name of another person in the register of members of the company, shall, within thirty days from the commencement of the Insurance (Amendment) Act, 1950, or from the date on which he acquires such interest, whichever is later, make a declaration in the prescribed form (which shall be countersigned by the person in whose name the shares is registered) to the company declaring his interest in such share, and notwithstanding anything contained in any other law or in any contract to the contrary, a person who fails to make a declaration as aforesaid in respect of any share shall be deemed to have no right or title whatsoever in that share: Provided that nothing in this sub-section shall affect the right of a person who has an interest in any such share to establish in a Court his right thereto, if the person, in whose name the share is registered, refuses to countersign the declaration as.....