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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.....

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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......

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Insurance Act, 1938 (4 of 1938) Section 40B

Title: Limitation of Expenses of Management in Life Insurance Business

State: Central

Year: 1938

.....this section,-- (a) "calendar year" or "year" means, in relation to an insurer who is required to furnish returns in accordance with sub-section (2) of section 16, the period covered by the revenue account furnished by such insurer under clause (b) of that sub-section; (b) "expenses of management" means all charges wherever incurred whether directly or indirectly, and includes-- (i) commission payments of all kinds, (ii) any amount of expenses capitalised, (iii) in the case of an insurer having his principal place of business outside India, a proper share of head office expenses which shall not be less than such percentage as may be prescribed of the total premiums (less re-insurances) received during that year in respect of life insurance business transacted by him in India, but does not include in the case of an insurer having his principal place of business in India any share of head office expenses in respect of life insurance business transacted by him outside India.] ________________________ 1. Inserted by Act 47 of 1950, section 31 (w.e.f. 1-9-1950). 2. Substituted by Act 41 of 1999, section 30 and Schedule I, for "Controller".

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Insurance Regulatory and Development Authority (Assets, Liabilities, and Solvency Margin of Insurers) Regulations, 2000 Complete Act

State: Central

Year: 2000

.....(a) "valuation date", in relation to an actuarial investigation, means the date to which the investigation relates. (b) "universal life contracts" means those contracts that are presented in an unbundled form. The contracts where policy-holders have an option to invest in units of Insurer's segregated fund(s) shall be treated as "linked business", and others shall be treated as "non-linked business". (c) "segregated funds" means funds earmarked in respect of linked business. 2. Method of Determination of Mathematical Reserves.-(1) Mathematical Reserves shall be determined separately for each contract by a prospective method of valuation in accordance with sub-paras (2) to (4). (2) The valuation method shall take into account all prospective contingencies under which any premiums (by the policy-holder) or benefits (to the policy-holder/beneflciary) may be payable under the policy, as determined by the policy conditions. The level of benefits shall take into account the reasonable expectations of policy-holders (with regard to bonuses, including terminal bonuses, if any) and any established practices of an insurer for payment of benefits. (3) The valuation method shall take.....

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Deposit Insurance Corporation (Amendment and Miscellaneous Provisions) Act, 1978 Complete Act

State: Central

Year: 1978

.....to the Deposit Insurance Corporation Act, 1961, which are considered necessary in the light of experience gained in the administration of the Act. SECTION 01: SHORT TITLE AND COMMENCEMENT (1) This Act may be called the Deposit Insurance Corporation (Amendment and Miscellaneous Provisions) Act, 1978. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act; and any reference in any provision to the commencement of this Act shall be constituted as a reference to the commencement of that provision. SECTION 02: DEFINITIONS -In this Act, unless the context otherwise requires,- (a) "Company" means the Credit Guarantee Corporation of India Limited, a Company formed and registered under the Companies Act, 195,6 (1 of 1956), and having its registered office at Bombay; (b) "Corporation" means the Deposit Insurance Corporation established under sub-section (1) of Section 3 of the Deposit Insurance Corporation Act, 1961 (47 of 1961) ; (c) "re-named Corporation" means 'the Corporation last re-named in accordance with the provisions of Section 4;.....

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General Insurance Business (Nationalisation) Act, 1972 Complete Act

State: Central

Year: 1972

.....Companies Act; (i) "Indian insurance company" means an existing insurer having a share capital who is a company within the meaning of the Companies Act; (j) "Insurance Act" means the Insurance Act, 1938; (k) Life Insurance Corporation" means the Life Insurance Corporation of India established under the Life Insurance Corporation Act, 1956; (l) "notification" means a notification published in the Official Gazette; (m) "prescribed" means prescribed by rules made under this Act; (n) "Schedule" means the Schedule to this Act; (o) "scheme" means the scheme framed under section 16-3[and also includes a scheme framed under section 17A-]; (p) words and expressions used in this Act but not defined herein and defined in the Insurance Act, shall have the meanings respectively assigned to them in that Act; (q) words and expressions used in this Act but not defined herein or in the Insurance Act and defined in the Companies Act, shall have the meanings respectively assigned to them in the Companies Act. Clause 3.- "The Committee feel that the Act should be made effective as early as possible and, for that purpose, there should be an overall time limit beyond which the implementation of the.....

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General Insurance Business (Nationalisation) Act,1972 Chapter VII

Title: Miscellaneous

State: Central

Year: 1972

.....as it may direct. Section 34 - Reference to existing insurer in other laws Any reference to an existing insurer in any law other than this Act or any contract or other instrument shall, in so far as it relates to an acquiring company, be construed as a reference to that company. Section 35 - Application of Insurance Act Subject to such exceptions, restrictions and limitations, if any, as the Central Government may, by Notification, specify in this behalf, the Insurance Act shall apply to or in relation to the Corporation and every acquiring company as if the Corporation or the acquiring company, as the case may be, were an insurer carrying on general insurance business within the meaning of that Act. Section 35A - [Omitted] 1[ ***] _________________________ 1. Section 35A inserted by Act 26 of 1988, section (w.r.e.f. 1-4-1988) and omitted by Act 20 of 2002, section 158 (w.e.f. 1-6-2002). Section 36 - Exemptions (1) Nothing contained in this Act shall apply in relation to-- (a) any general insurance business carried on by a State Government, to the extent to which such insurance relates to properties belonging to it or undertakings owned wholly or.....

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General Insurance Business (Nationalisation) Act,1972 Section 28

Title: Right of Acquiring Company to Seek Relief in Respect of Certain Transactions

State: Central

Year: 1972

.....case to the circumstances at the time, the acquiring company may apply for relief to the court in respect of such transaction, and all parties to the transaction shall, unless the court otherwise directs, be made parties to the application. (2) The Court may make such order against any of the parties to the application as it thinks just having regard to the extent to which those parties were respectively responsible for the transaction or benefited from it and all the circumstances of the case. (3) Where an application is made to the Court under this section in respect of any transaction and the application is determined in favour of the acquiring company, the Court shall have exclusive jurisdiction to determine any claim outstanding in respect of the transaction.

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INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY (PREPARATION OF FINANCIAL STATEMENTS AND AUDITOR'S REPORT OF INSURANCE COMPANIES)REGULATIONS, 2000 Complete Act

State: Central

Year: 2000

.....of their publication in the Official Gazette. Regulation 2 Definitions .-(1) In these regulations, unless the context otherwise requires- (a) "Act" means the Insurance Act, 1938 (4 of 1938); (b) "Authority" means the Insurance Regulatory and Development Authority established under sub-section (1) of S.3 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999); (c) All words and expressions used herein and not defined but defined in the Insurance Act, 1938 (4 of 1938), or in the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999), or in the Companies Act, 1956 (1 of 1956) shall have the meanings respectively assigned to them in those Acts. Regulation 3 Preparation of financial statements, management report and auditor's report (1) An insurer carrying on life insurance business, after the commencement of these Regulations, shall comply with the requirements of Schedule A. (2) An insurer carrying on general insurance business, after the commencement of these regulations, shall comply with the requirements of Schedule B : Provided that this sub-regulation shall apply, mutatis mutandis, to re-insurers, until separate regulations are.....

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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.....

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