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Insurance Act, 1938 (4 of 1938) Section 32A

Title: Prohibition of Common Officers and Requirement as to Whole-time Officers

State: Central

Year: 1938

.....officer of an insurer, exclusively carrying on life insurance business being the manager, managing director or other officer of an insurer not carrying on life insurance business; (c) any officer of a branch of one insurer carrying on general insurance business from being any officer of a branch in the same town of another insurer carrying on general insurance business; (d) an officer in the employme nt of an insurer from giving professional advice. Explanation.-- In this section the expression "officer" does not include a director.] ________________________ 1. Inserted by Act 47 of 1950, section 24 (w.e.f. 1-6-1950). 2. Substituted by Act 41 of 1999, section 30 and Schedule I, for "Central Government" (w.e.f. 19-4-2000).

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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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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].....

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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).....

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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:- .....

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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.....

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The Punjab Registration of Moneylenders Act, 1938 Complete Act

State: Punjab

Year: 1938

.....whether movable or immovable and shall include- a wholesale or a retail merchant, a commission agent, a broker, a manufacturer, a contractor a factory owner, but shall not include a person who sells only his own agricultural produce or cattle, or buys agricultural produce or cattle for his own use. Suits and applications by money-lenders barred, unless money-lender is registered and licensed. 3. Notwithstanding anything contained in any other enactment for the time being in force, a suit by a money-lender for the recovery of a loan, or an application by a money-lender for the execution of a decree relating to a loan, shall after the commencement of this act, be dismissed, unless the money-lender- (a) at the time of the institution of the suit or presentation of the application for execution; or (b) at the time of decreeing the suit or deciding the application for execution- (i) is registered; and (ii) holds a valid licence, in such form and manner as may be prescribed; or (iii) holds a certificate from a Commissioner granted under section 11, specifying the loan in respect of which the suit is instituted, or the decree in respect of which the.....

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The Punjab Restitution of Mortgaged Lands Act, 1938 Complete Act

State: Punjab

Year: 1938

THE PUNJAB RESTITUTION OF MORTGAGED LANDS ACT, 1938 THE PUNJAB RESTITUTION OF MORTGAGED LANDS ACT, 1938 PUNJAB ACT NO. 4 OF 1938 CONTENTS Section Subject 1. Short title, extent and commencement 2. Application of the Act to subsisting mortgage effected prior to 8th June, 1901 3. Definitions 4. Petition for restitution 5. Procedure for dealing with petitions for restitution 6. Petition when to be dismissed. 7. Power of the Collector to declare and enforce orders in favour of mortgagor and to grant compensation to mortgagee in certain case. 8. Effect of order of restitution, when compensation is payable. 9. Power of the Collector to eject mortgagee. 10. Appeals 10A Revision 11. Limitation of appeal. 12. Jurisdiction of Civil Courts barred. 13. Rule-making power. THE PUNJAB RESTITUTION OF MORTGAGED LANDS ACT, 1938 PUNJAB ACT NO. 4 OF 1938 [Received the assent of His Excellency the Governor on the Ist September 1938, and was first published in the PUNJAB GAZETTE.....

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

Title: Sufficiency of Assets

State: Central

Year: 1938

.....thousand rupees in respect of a country craft insurer or in respect of an insurer not having a share capital and carrying on only such insurance business as, in the opinion of the Central Government, is not carried on ordinarily by insurers under separate policies. 2 [(7) Every insurer shall furnish to the Authority his returns under section 15 or section 16, as the case may be, in case of life insurance business a statement certified by an actuary approved by the Authority, and in case of general insurance business a statement certified by an auditor approved by the Authority, of the required solvency margin maintained by the insurer in the manner required by sub-section (1A).] ______________________ 1. Substituted by Act 41 of 1999, section 30 and Schedule I, for "at all times" (w.e.f. 19-4-2000). 2. Inserted by Act 41 of 1999, section 30 and Schedule I (w.e.f. 19-4-2000). 3. Substituted by Act 41 of 1999, section 30 and Schedule I, for "Controller" (w.e.f. 19-4-2000).

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