Appeal to Authority
Section 36 of the Actuaries Act, 2006 deals with appeal to Authority. Any member of the Institute aggrieved by any order of the Council imposing on him any of the penalties referred to in section 30, may, within ninety days of the date on which the order is communicated to him, prefer an appeal to the Authority: Provided that the Authority may entertain any such appea The Act came into force on 10 Nov 2006.
(1) Any member of the Institute aggrieved by any order of the Council imposing on him any of the penalties referred to in section 30, may, within ninety days of the date on which the order is communicated to him, prefer an appeal to the Authority:
Provided that the Authority may entertain any such appeal after the expiry of the said period of ninety days, if it is satisfied that there was sufficient cause for not filing the appeal in time.
(2) The Authority may, after calling for the records of any case, revise any order made by the Council under section 30 and may--
(a) confirm, modify or set aside the order;
(b) impose any penalty or set aside, reduce or enhance the penalty imposed by the order;
(c) remit the case to the Disciplinary Committee for such further inquiry as the Authority considers proper in the circumstances of the case; or
(d) pass such other order as the Authority thinks fit:
Provided that the Authority shall give an opportunity of being heard to the parties concerned before passing any order.
Section 36, The Actuaries Act, 2006 (Act 35 of 2006).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Dr. R. Kannan v. The Institute of Actuaries of India & Anr.
Court's Decision & Legal Precedent
Bombay High Court (Dharmadhikari & Kulkarni JJ.), deciding WP 2645/2013, held that the Actuaries Act, 2006 is a self-contained code: where the Council, after Disciplinary Committee findings, imposes a s.30 penalty — here permanent removal under s.30(b) — the aggrieved member’s remedy is the s.36 appeal to the Appellate Authority, which has wide revisional powers under s.36(2). Natural-justice and show-cause-beyond contentions were kept open for the appeal; the writ was held not maintainable once the Appellate Authority was functional. Ad-interim relief was vacated with liberty to seek relief in the appeal, and limitation was protected if appeal filed within four weeks. DATE-VERIFIED: judgmentOrders Final Order 2015-06-25 (order-2.pdf); body CORAM/DATED JUNE 25, 2015 matches index.
On this section: s.36(1)–(2) create the statutory appeal and wide revisional powers over s.30 orders; the Court treated that appeal as mandatory alternate remedy barring the writ once the Authority exists.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… that in compliance with the order, dated 13.L2.2O23 passed in W.P.No.27084 of 2O21, the representation, dated 24.Q9.2921 submitted by the petitioner has been considered and a reasoned order, dated 27.01.2024 was passed by respondent No.2. > I I I > > I 2 3 Learned counsel further submits that Section 36 of the Actuaries Act, 2006, states that if any person is aggrieved by any order of the Council imposing on him any of the penalties referred to in Section 30, may, within ninety days of the date on which the order is communicated to him, prefer an appeal to the Authority. Since the petitioner is having an …
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… We are of the view, on reading of the Act and particularly the appellate provision, that the remedy of Appeal is contemplated and all contentions including raised in the present Petition can be raised during the course of such Appeal. The appellate authority has wide powers and as are enumerated by section 36(2) of the Actuaries Act, 2006. The present case involves an order traceable to section 30(b) and is therefore expressly appealable. The Appeal being a remedy and complete in all sense, we are of the view that the Writ Petition cannot be entertained. The Petitioner has alternate and equally efficacious remedy of …
Questions about Section 36
What have the courts held on Section 36 of the Actuaries Act?
Dr. R. Kannan v. The Institute of Actuaries of India & Anr. (25 Jun 2015) is the leading judgment on this section among those set out below: s.36(1)–(2) create the statutory appeal and wide revisional powers over s.30 orders; the Court treated that appeal as mandatory alternate remedy barring the writ once the Authority exists.
How do I find court cases under Section 36 of the Actuaries Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Actuaries Act 2006 36, section 36 Actuaries Act 2006, section 36 of the Actuaries Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Dr. R. Kannan v. The Institute of Actuaries of India & Anr. (25 Jun 2015).
What should I read with Section 36 of the Actuaries Act, and has it changed?
Its own text turns on section 30 (Member to be afforded opportunity of being heard), so none of them can safely be read on its own.
When did Section 36 of the Actuaries Act come into force?
Section 36 of the Actuaries Act, cited as Actuaries Act 2006 36, came into force on 10 Nov 2006, having been enacted on 27 Aug 2006. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions500 words
- 12. Composition of Council of Institute453 words
- 22. Finances of Council384 words
- 6. Entry of names in register381 words
- 19. Functions of Council380 words
- 56. Power to make regulations372 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.