Bare Act Search Results

Insurance Act, 1938 (4 of 1938) Section 45

Title: Policy Not to Be Called in Question on Ground of Mis-statement After Two Years

State: Central

Year: 1938

.....for insurance or in any report of a medical officer, or referee, or friend of the insured, or in any other document leading to the issue of the policy, was inaccurate or false, unless the insurer shows that such statement 1 [was on a material matter or suppressed facts which it was material to disclose and that it was fraudulently made] by the policy-holder and that the policy-holder knew at the time of making it that the statement was false 2 [or that it suppressed facts which it was material to disclose]: 2 [Provided that nothing in this section shall prevent the insurer from calling for proof of age at any time if he is entitled to do so, and no policy shall be deemed to be called in question merely because the terms of the policy are adjusted on subsequent proof that the age of the life insured was incorrectly stated in the proposal.] ____________________________ 1. Substituted by Act 13 of 1941, section 31, for "was on a material matter and fraudulently made" (w.e.f. 8-4-1941). 2. Added by Act 13 of 1941, section 31 (w.e.f. 8-4-1941).

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.....

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.....

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].....

Insurance Act, 1938 (4 of 1938) Schedule VI

Title: The Sixth Schedule

State: Central

Year: 1938

.....special agent in respect of policies of life insurance procured by hi m through insurance agents shall only be in the form of an overriding commission. Explanation.--In this Schedule "business in force" me ans the total sum assured with bonuses, without taking into account re-insurances, ceded or accepted, by an insurer in respect of the whole of the life insurance business on the working day of the calendar year or the period covered by the revenue account furnished by such insurer under clause (b) or sub-section ( 2 ) of section 16 as the case may be, preceding the calendar year in question.] _______________________ 1. Inserted by Act 47 of 1950, section 38 (w.e.f. 1-9-1950).

Employment of Children Act, 1938 Complete Act

State: Central

Year: 1938

.....the precincts thereof) wherein any industrial process is carried on, but does not include any premises to which the provisions of Section 50 of the Factories Act, 193410[for the time being apply.] SECTION 03: PROHIBITION OF EMPLOYMENT OF CHILDREN IN CERTAIN OCCUPATIONS 12[(1) No child who has not completed his fifteenth year shall be employed or permitted to work in any occupation" (a) connected with the transport of passengers, goods or mails by railway, or 13[(b) connected with cinder, picking, clearing of an ash pit or building operation, in the railway premises; or (c) connected with the work in a catering establishment, at a railway station, involving the movement of a vendor or any other employee of the establishment from one platform to another or into or out of a moving train; or (d) connected with the work relating to the construction of a railway station or with any other work where such work is done in close proximity to, or between, the railway lines; or] 13[(e)] connected with a port authority within the limits of any port, (2) No child who has completed his fifteenth year but has not completed his seventeenth year shall be employed or permitted to work in any.....

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.....

The Cochin Nayar Act, 1938 Complete Act

State: Kerala

Year: 1938

THE COCHIN NAYAR ACT, 1113 THE COCHIN NAYAR ACT, 1113 [Act No. 29 of 1113] [22nd July, 1938] PREAMBLE Whereas it is expedient to consolidate and amend the Cochin Nayar Act, XIII of 1095, it is hereby enacted as follows:- Section 1 - Short title and application This Act may be called the Cochin Nayar Act, XXIX of 1113. It shall apply to all Nayars domiciled in Cochin, and to such Nayars not so domiciled, and to such non-Nayars, whether or not so domiciled, as have or shall have, marital relation with Nayars domiciled in Cochin. It shall come into force at once. Section 2 - Repeal The Cochin Nayar Act, XIII of 1095, is hereby repealed. Section 3 - Definitions In this Act unless there is something repugnant in the subject or context:- 'Anandaravan' means any member of tarwad other than the Karanavan. 'Karanavan' means the senior major male member of a tarwad and, in the absence of such male member, the senior major female member thereof, unless there is a family usage by which the senior major female member is recognised as karanavan. 'Marumakkathayam' means a system of inheritance in which descent is traced in the female line. 'Minor' means.....

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

Title: Limitation of Expenditure on Commission

State: Central

Year: 1938

.....which would otherwise have been performed by the insurer. ( 5 ) Without prejudice to the provisions of section 102 in respect of a contravention of any of the provisions of the preceding sub-section by an insurer, any insurance agent who contravenes the provisions of sub-section ( 1 ) or sub-section ( 3 ) shall be punishable with fine which may extend to one hundred rupees.] ________________________ 1. Inserted by Act 47 of 1950, section 31 (w.e.f. 1-9-1950). 2. Inserted by G.S.R. 499 (E), dated 19th September, 1975, published in the Gazette of India, Pt. II, Section 3 (i), p. 2007. 3. Substituted by Act 62 of 1968, section 18, for "Insurance (Amendment) Act, 1950 (47 of 1950)". 4. Substituted by Act 41 of 1999, section 30, and Schedule I, for certain words (w.e.f. 19-4-2000). 5. Substituted by Act 41 of 1999, section 30, and Schedule I, for "Central Government" (w.e.f. 19-4-2000).