MISCELLANEOUS

(Power of Government to issue directions.)

• 18(1) Without prejudice to the foregoing provisions of this Act, the Authority shall, in exercise of its powers or the performances of its functions under this Act, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the Central Government may give in writing to it from time to time:

• Provided that the authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section.

• 18(2) The decision of the Central Government, whether a question is one of policy or not, shall be final.

  (Power of Central Government to supersede Authority)

• 19 (1) If at any time the Central Government is of the opinion-

  1. that, on account of circumstances beyond the control of the authority , it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this Act; or that the Authority has persistently defaulted in complying with any direction given by the Central Government under this Act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this Act and as a result of such default the financial position of the Authority or the administration of the authority has suffered; or

  2. that circumstances exist which render it necessary in the public interest so to do,the Central Government may, by notification and for reasons to be specified therein, supersede the Authority for such period, not exceeding six months, as may be specified in the notification and appoint a person to be the Controller of Insurance under section 2B f the insurance1938, if not already done:

  3. (Act,4 of 1938)

     Provided that before issuing any such notification, the Central Government shall give a reasonable opportunity to the Authority to make representations against the proposed supper session and shall consider the representative, if any, of the Authority.

• 19(2) Upon the publication of a notification under sub-section (1) superseding the Authority,--

  1. (a) the Chairperson and other members shall, as from the date of super session, vacate their offices as such;

  2. the powers, functions and duties which may, by or under the provisions of this Act, be exercises or discharged by or on behalf of the Authority shall, until the Authority is reconstituted under sub-section (3), be exercised and discharged by the controller of Insurance; and

  3. all properties owned or controlled by the Authority shall, until the Authority is reconstituted under sub-section (3), vest in the Central Government.

• 19(3)On or before the expiration of the period of super session specified in the notification issued under sub-section (1), the Central Government shall reconstitute the Authority by a fresh appointment of its Chairperson and other members and in such case any person who has vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for reappointment.

• 19(4) the Central Government shall cause a copy of the notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of Parliament at the earliest.

  (Furnishing of Returns, etc. Central Government. )

• 20(1) The authority shall furnish to the Central Government at to such time and in such form and manner as may be prescribed, or as the Central Government may direct to furnish such returns, statements and other particulars in regard to any proposed or existing programme for the promotion of the insurance industry as the Central Government may, from time to time, require.

• 20(2) Without prejudice to the provisions of the sub-section (1), the Authority shall, within nine months after the close of each financial year, submit to the Central Government a report giving a true and full account of its activities including the activities including the activities for promotion and development of the insurance business during the previous financial year

• 20(3) the reports received under sub-section (2) shall be laid, as soon as may be after they are received, before each house of Parliament.

• (Chairperson, members, officers and other employees of Authority to be public servants.)

• 21The Chairperson, members officers and others and other employees of the Authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code. (45 to1860.)

  (Protection of action taken in good faith)

• 22. No suit, prosecution or other legal proceedings shall lie against the Central Government or any officer of the Central Government or any member, officer or other employee of the Authority for anything which is in good faith done or intended to be done under this Act or the rules or regulations made there under: Provided that nothing in this Act shall exempt any person from any suit or other proceedings which might, apart from this Act, be brought against him.

  (Delegation of powers)

• 23(1) The authority may, be general or special order in writing, delegate to the Chairperson or any other member or officer of the Authority subject to such conditions, if any, as may be specified in the order such of its powers and functions under this act as it may deem necessary. (2) The Authority may, be a general or special order in writing, also form committees of the members and delegate to them the powers and functions of the authority as may be specified by the regulations.

  (Power to make rules.)

• 24. (1) The Central Government may, be notification , make rules for carrying out the provisions of this Act.

• 24(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

  1. the salary and allowances payable to, and other terms and conditions of service of, the members other than part-time members under sub-section (1) of section 7;

  2. the allowances to be paid to the part-time members under sub-section (2) of section 7;

  3. such other power may be exercised by the authority under clause (q) of sub-section (2) section 14; (d)the form of annual statement of accounts to be maintained by the Authority under sub-section (1) of section 17;

  4. the form and the manner in which and the time within which returns and statements and particulars are to be furnished to the Central Government under sub-section (1) of section 20;

  5. the matters under sub-section (5) of section 25 on which the Insurance Advisory committee shall advise the authority;

  6. any other matter which is required to be, or may be, prescribed, or in respect of which provision is to be or may be made by rules.

  (Establishment of Insurance advisory Committee)

• 25(1)The Authority may, be notification, establish with effect from such date as it may specify in such notification, a Committee to be known as the Insurance Advisory Committee.

• 25(2) The Insurance Advisory Committee shall consist of not more than twenty-five members excluding ex officio members to represent the interests of commerce, industry, transport, agriculture, consumer for a, surveyors, agents, intermediaries, organizations engaged in safety and loss prevention, research bodies and employees association in the insurance sector.

• 25(3) The Chairperson and the members of the authority shall be the ex officio Chairperson and ex officio member of the Insurance Advisory Committee.

• 21(4) The objects of the Insurance Advisory Committee shall be the advise the Authority on matters relating to the making of the regulations under section 26.

• 21(5) Without prejudice to the provisions of sub-section (4), the Insurance Advisory Committee may advise the Authority on such other matters as may be prescribed.

  (Power to make regulations.)

• 26(1)The Authority may in consultation with the Insurance Advisory Committee, be notification, make regulations consistent with this Act and the rules made there under to carry out the purposes of this Act

• 26(2)In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters namely:--

  1. the times and places of meetings of the Authority and the procedure to be followed at such meetings including the quorum necessary for the transaction of business under sub-section (1)_ section 10;

  2. the transactions of business at its meetings under sub-section (4) of section 10;

  3. the terms and other conditions of service of officers and other employees of the Authority under sub-section (2) of section 12;

  4. the powers and functions which may be delegated to Committees of the members under sub-section (2) section 23; and

  5. any other matter which is required to be, or may be, specified by regulations or in respect of which provision is to be or may be made by regulations.

  (Rules and Regulations to be laid before Parliament.)

• 27. Every rule and every regulation made under this Act shall be laid, as soon as may be after it is made, before each house of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both house agree in making any modification in the rule or regulation or both Houses agree that the rule of regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however , that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule of regulation.

  (Application of other laws not barred)

• 28.the provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force.

  (Power to remove difficulties.)

• 29(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the appointed day.

• 29(2) Every order made under this session shall be laid, as soon as may be after it is made, before each House of Parliament.

  (Amendment of Act 4 of 1938.)

• 30.The Insurance Act. 1938 shall be amended in the manner specified in the first schedule to this Act.

  (Amendment of Act 21 of 1956.)

• 31. The Life Insurance Corporation Act, 1956 shall be amended in the manner specified in the second schedule to this Act.

  (Amendment of Act 57 of 1972)

• 32.The General Insurance Business (Nationalisation) Act, 1972 shall be amended in the manner specified in the second schedule to this Act.

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