Hledejte v chronologicky řazené databázi studijních materiálů (starší / novější příspěvky).

Notice to and hearing of Authority.

106A. (1) When application is made to the Court for the making of any order to which this section applies the Court shall, unless the Authority has himself made the application or has been made a party thereto, send a copy of the application together with intimation of the date fixed for the hearing thereof to the Authority, and shall give him an opportunity of being heard.

(2) The orders to which this section applies are the following namely:

(a) an order for the attachment in execution of a decree of any deposit made under Section 7 or Section 98;
(b) an order under Section 9 or Section 59 for the return of any such deposit;
(c) an order under Section 36 sanctioning any arrangement for the transfer or amalgamation of life insurance business or any order consequential thereon;
(d) an order for the winding up of an insurance company or a provident society;
(e) an order under Section 58 confirming a scheme for the partial winding up of an insurance company;
(f) an order under Section 89 reducing the amount of the insurance contracts of a provident society.

Previous sanction of Advocate General for institution of proceedings

107. (1) Except where proceedings are instituted by the Authority or an Administrator appointed under Section 52A, no proceedings under this Act against an insurer or any director, managing agent, manager, secretary or other Officer of an insurer or any liquidator or any employee or agent of an insurer or any person who is liable under sub section (2) of Sec. 41 or any other person shall be instituted by any person unless he has previous thereto obtained the sanction of the Advocate General of the State where the principal place of business in India of such insurer is situate to the institution of such proceedings:

Provided that where the principal place of business of such insurer is situated in a Union territory references in this section to the Advocate¬ General of the Province shall be construed as references to the Attorney¬ General for India.

(2) This section shall apply in respect of a provident society as defined in Part III as it applies in respect of an insurer.

Chairman, etc. to be public servant

107A. Every whole time Chairman, whole time director, auditor, liquidator, manager and any other employee of an insurer shall be deemed to be a public servant for the purposes of Chapter IX of the Indian Penal Code (45 of 1860).

Power of Court to grant relief

108. In any proceedings, civil or criminal, it. appears to the Court hearing the case that a person is or may be liable in respect of negligence, default, breach of duty or breach of trust but that he has acted honestly and reasonably and that having regard to all the circumstances of the case he ought fairly to be excused for the negligence, default, breach of duty or breach of trust, the Court may relieve him either wholly or partly from his liability on such terms as it may think fit.

Cognizance of offences

109. (1) No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act.

(2) No Court shall take cognizance of any offence punishable under sub section (4) of Section 34B or sub section (1A) of Section 102 except upon complaint in writing made by an officer of the Central Government generally or specially authorised in writing, in this behalf by the Authority, and no Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any such offence.

Appeals

110. (1) An appeal shall lie to the Court having jurisdiction from any of the following orders, namely:

(a) an order under Section 3 cancelling the registration of an insurer;
(b) an order under Section 5 directing the insurer to change his name;
(c) an order under Section 42 cancelling the licence issued to an agent;
(d) an order under Section 75 refusing to register an amendment of rules;
(e) an order under Section 87 or Section 87A;
(f) an order made in the course of the winding up or insolvency of an insurer or a provident society.

(2) The Court having jurisdiction for the purposes of sub section (1) shall be the principal Court of civil jurisdiction within whose local limits the principal place of business of the insurer concerned is situate.

(3) An appeal shall lie from any order made under stub section (1) to the authority authorised to hear appeals from the decisions of the Court making the same and the decision on such appeal shall be final.

(4) No appeal under this section shall be entertained unless it is made before the expiration of four months from the date on which the order appealed against was communicated to the appellant.

Delegation of powers and duties of Chairperson of the Authority

110A. The Chairperson of the Authority may by general or special order delegate any of his powers or duties under this act to any person subordinate to him. The exercise or discharge of any of the powers or duties so delegated shall be subject to such restrictions, limitations and conditions, if any as the Chairperson of the Authority may impose, and shall be subject to his control and revision.

Signature of documents

110B. Every document which is required by Act or by any rule made there under to be signed by the Chairperson of the Authority or by any person subordinate to him or by any officer authorised by him under sub section (1) of Section 42 shall be deemed to be properly signed, if it bears a facsimile of the signature of such Chairperson of the Authority, person or officer printed, engraved, lithographed or impressed by any of other mechanical process approved by the Central Government.

Power to call for information

110C. (1) The Chairperson of the Authority may, by notice in writing, require any insurer to supply him with any information relating to his insurance business, and the insurer shall comply with such requirement within such period after receipt of the notice as may be specified therein.

(2) Any information supplied under this section shall be certified by a principal officer of the insurer and if the notice so requires also by an auditor.

Certain claims for compensation barred

110D. No person shall have any right, whether in contract or otherwise, to any compensation for any loss incurred by reason of the operation of any of the provisions contained in Section 34 or Section 34A or Section 34E or Section 37A car by reason of the compliance by an insurer with any order or direction given to him under this Act.

Sections 3A, 27B, 28B, 33, etc. to apply to general insurance business of the Life Insurance Corporation of India

110E. Notwithstanding anything contained in the Life Insurance Corporation Act, 1956 (31 of 1956), the provisions of Sections 3A, 27B, 28B, 33, 34. Clause (a) of Section 34E, 34F, 40C, 44A, 64U to 64UM (both inclusive), 64V, 64VA, 64VB, 64VC, l0lA, 101C, 110 D, 110G and 110H, shall also apply, so far as may be to and in relation to the general insurance business carried on by the Life Insurance Corporation of India and the provisions of Section 37A shall also apply to that Corporation if it becomes an acquiring insurer.

Provisions applicable to State Governments, etc

110F. The provisions of Section 3, 3A, 27B, 28B,33, 34, Clause (a) of Section 34E; 34F, 40A, 40C, 44A, 64¬U to 64 UM (both inclusive), 64V, 64VA, 64VB, 64VC and 101A, 101C, 110 D, 110 G and 110 H shall, notwithstanding any exemption granted under Section 118, also apply, so far as may be, and in relation to the general insurance business carried on by a State Government or a Government company as defined in Section 617 of the Companies Act, 1956 (1 of 1956).

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