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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) 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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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......

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Insurance Act, 1938 (4 of 1938) Section 38

Title: Assignment and Transfer of Insurance Policies

State: Central

Year: 1938

.....referred to in sub-section (2) are delivered. (4) Upon the receipt of the notice referred to in sub-section (2), the insurer shall record the fact of such transfer or assignment together with the date thereof and the name of the transferee or the assignee and shall, on the request of the person by whom the notice was given, or of the transferee or assignee, on payment of a fee not exceeding one rupee, grant a written acknowledgement of the receipt of such notice; and any such acknowledgement shall be conclusive evidence against the insurer that he has duly received the notice to which such acknowledgement relates. (5) 6 [Subject to the terms and conditions of the transfer or assignment, the insurer shall, from the date of receipt of the notice referred to in sub-section (2),] recognise the transferee or assignee named in the notice as the only person entitled to benefit under the policy, and such person shall be subject to all liabilities and equities to which the transferor or assignor was subject at the date of the transfer or assignment and may institute any proceedings in relation to the policy without obtaining the consent of the transferor or assignor or making him.....

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Insurance Act, 1938 (4 of 1938) Section 46

Title: Application of the Law in Force in India to Policies Issued in India

State: Central

Year: 1938

The holder of a policy of insurance issued by an insurer in respect of insurance business transacted in1[India] after the commencement of this Act shall have the right, notwithstanding anything to the contrary contained in the policy or in any agreement relating thereto, to receive payment in1[India], of any sum secured thereby and to sue for any relief in respect of the policy in any Court of competent jurisdiction in1[India]; and if the suit is brought in1[India] any question of law arising in connection with any such policy shall be determined according to the law in force in1[India]: 2[Provided that nothing in this section shall apply to a policy of marine insurance.] ____________________________ 1. Substituted by Act 62 of 1956, section 2 and Schedule, for "the States" (w.e.f. 1-11-1956). 2. Inserted by Act 7 of 1944, section 2 (w.e.f. 7-3-1944).

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

Title: Incorporation of the Insurance Association of India

State: Central

Year: 1938

.....the name of the Insurance Association of India. ( 2 ) All insurers and provident societies incorporated or domiciled in1[India] shall be known as me mbers of the Insurance Association of India, and all insurers and provident societies incorporated or domiciled elsewhere than in1[India] shall be known as associate members of that Association. ( 3 ) The Insurance Association of India shall have perpetual succession and a common seal and shall have power to acquire, hold and dispose of all property, both movable and immovable, and shall by the said name sue and be sued. _______________________________ 1. Substituted by Act 62 of 1956, section 2 and Schedule, for "the States" (w.e.f. 1-11-1956).

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

Title: Establishment of Tariff Advisory Committee

State: Central

Year: 1938

(1) With effect from the commencement of the Insurance (Amendment) Act, 1968, there shall be established a Committee, to be called the Tariff Advisory Committee (hereafter in this Part referred to as the Advisory Committee) to control and regulate the rates, advantages, terms and conditions that may be offered by insurers in respect or general insurance business. (2) The Advisory Committee shall be a body corporate having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and may, by the said name, sue and be sued.

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The Orissa Nurses & Midwives Registration Act, 1938 Complete Act

State: Orissa

Year: 1938

THE ORISSA NURSES & MIDWIVES REGISTRATION ACT, 1938 THE ORISSA NURSES & MIDWIVES REGISTRATION ACT, 1938 [Published vide Orissa Act No. 7 of 1938. For Statement of Objects and Reasons, see Orissa Gazette, 1938, Pt. XI, and for Proceedings in the Assembly see Proceedings of the Orissa Legislative Assembly 1938, Vol. II, Pt. II.] PREAMBLE An Act to provide for the Registration and better training of Nurses, Health Visitors, Midwives and Dais in Orissa Whereas it is expedient to provide for the registration of nurses, health visitors, midwives and dais in Orissa and to secure their better training; It is hereby enacted as follows : Section 1 - Short title, extent and commencement (1) This Act may be called the Orissa Nurses and Midwives Registration Act, 1938. (2) It shall extends [It was extended to all the partially excluded areas of the State, from 23rd January, 1940.] to the whole of the State of Orissa. (3) It shall come into force from such date [The Act came into force from 1st June, 1939, vide Notification. No. 2957-LSG/10-5-1939.] as the State Government may by notification, appoint. Section 2 - Definitions In this Act, unless there is anything repugnant in.....

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