Power of Central Government to make rules

Section 114 of the Insurance Act, 1938 deals with power of Central Government to make rules. The Central Government may, subject to the condition of previous publication by notification in the Official Gazette, make rules to carry out the purposes of this Act. The Act came into force on 01 Jul 1939.

(1) The Central Government may, subject to the condition of previous publication by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe--

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³[(aaa) t the conditions and manner of foreign investment under sub-clause (b) of clause (7A) of section 2;]

⁴[(b) the manner in which it shall be determined which of the transactions of an insurer are to be deemed for the purposes of this Act to be insurance business transacted ⁵*** in ⁶[India] ⁷***;]

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(d) the form referred to in clause (d) of sub-section (2) of section 16;

(e) the manner in which the prospectuses and tables referred to in sub-section (1) of section 41 shall be published and the form in which they shall be drawn up;

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(h) the contingencies other than those specified in clauses (a) to (f) of ¹¹[sub-section (2) of] section 65 on the happening of which money may be paid by provident societies;

(i) the matters other than those specified in clauses (a) to (o) of sub-section (1) of section 74 on which a provident society shall make rules;

(j) the form of any account, return or registered required by the Part III and the manner in which such account, return or register shall be verified;

(k) subject to the provisions of this Act, the fees payable thereunder and the manner in which they are to be collected; ¹²***.

(l) the conditions and the matters which may be prescribed under sub-sections (5), ¹³[(6)], (10) and (12) of section 92;

¹⁴[(la) the manner of inquiry under sub-section (l) of section 105C;

(lb) the form in which an appeal may be preferred under sub-section (2) and the fee payable in respect of such appeal and the procedure for filing and disposing of an appeal under sub-section (6) of section 110;]

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¹⁶[(m) any other matter which is to be or may be prescribed.]

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¹⁸[(3) Every rule made under this section or under sub-section (10) of section 34H ¹⁹*** and every regulation made under this Part 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 Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or 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 or regulation.]

²⁰[(4)] All rules made by a Local Government under the provisions of section 24 of the Provident Insurance Societies Act, 1912 (5 of 1912) and in force at the commencement of this Act shall so far as not inconsistent with the provisions of Part III continue in force and have effect as if duly made under this section until they are replaced by rules made under this section.

Section 114, The Insurance Act, 1938 (Act 4 of 1938).