The Union Cabinet today
approved necessary official amendments in the Insurance Laws
(Amendment), Bill 2008, pending in the Rajya Sabha, with such drafting
and consequential changes, if any, in consultation with the Legislative
These amendments are aimed at removing archaic and redundant provisions
in the legislations and incorporating certain provisions to provide
Insurance Regulatory Development Authority (IRDA) with flexibility to
discharge its functions effectively and efficiently. The overall
objective is to further deepen the reform process which is already
underway in the insurance sector.
The official amendments will be moved in the Insurance Laws (Amendment)
Bill, 2008 pending in the Rajya Sabha.
Based on the recommendations of the Standing Committee on Finance, the
Cabinet has approved amendments containing the following :
1. The foreign equity cap is proposed to be kept at 49 per cent as
provided in the Insurance Laws (Amendment) Bill, 2008 as against the 26
percent. This is done in order to meet the growing capital requirement
of insurance companies.
2. Foreign reinsurers will be permitted to open branches only for
reinsurance business in India and the provisions of Section 27E, which
prohibits an insurer to invest directly or indirectly outside India the
funds of policyholder, would apply to such branches.
3. The definition of "Foreign Company" for the purpose of Insurance and
reinsurance would mean :a company or body established under a law of any
country outside India and includes Lloyd`s established under the Lloyd`s
Act, 1871 (United Kingdom).
4. In order to encourage health insurance in India, the capital
requirement for a health insurance company is now proposed at Rs.50
crores (instead of Rs.100 crores for General Insurance companies) with a
view to reduce the entry barrier to a sector which is a priority sector
in the insurance space.
5. The definition of `health insurance business` has been revised to
clearly stipulate that health insurance policies would cover sickness
benefits on account of domestic as well as international travel.
6. In the case of any insurer having a joint venture with a person
having its principal place of business domiciled outside India, the
Authority may withhold its registration, if it is satisfied that in the
country in which such person has been debarred by law or practice of
that country to carry on insurance business.
7. Regarding the obligatory underwriting of third party risk on Motor
Vehicles, a separate Motor Vehicle Insurance and Compensation
Legislation is being proposed by the Government and the concerns of the
Standing Committee regarding the obligatory third party insurance on
motor vehicles will be taken care of.
8. With a view to serve the interest of the policy holders better, the
period during which a policy can be repudiated on any ground, including
misstatement of facts etc. has been confined to three years from the
commencement of the policy and thus no policy would be called in
question on ground of misstatement after three years.
9. The Public Sector General Insurance Companies and GIC will be
permitted to raise capital from the market to meet future capital
requirements, provided that the Government`s shareholding would not be
allowed to come below 51 per cent at any point of time.
10. The appointment of agents is proposed to be done by insurance
companies subject to the agents meeting the qualifications, passing of
examinations etc. as specified by IRDA. While the licensing of agents be
no longer with IRDA, the Authority is empowered to take action against
agents under Section 42(4) of the Insurance Act, 1938 which is
essentially to protect the policy-holders interests. This provision will
help expansion of agents` network throughout the country and better
management and control of insurance companies over them. This will
ultimately lead to better insurance penetration.
11. Mechanism for appeal in case of orders of IRDA against
intermediaries has been defined by proposing to amend clause (8) of
section 33 of the Insurance Act 1938 to provide for any insurer or
intermediary or insurance intermediary aggrieved by any order made under
this section to prefer an appeal to the Securities Appellate Tribunal.
12. Register of claims and policies to be maintained by insurers in any
form including electronic.
13. To specify fine on intermediaries and insurance companies for
misconduct of intermediaries and to make appropriate provision in the
legislation to effectively deter multilevel marketing of insurance
products in the interest of policyholders, and to curtail the practice
14. In order to improve the functioning of surveyors and bring in
greater transparency, certain modifications are made to provide for
regulations on qualifications regarding appointment of surveyors and to
strengthen the Institute of Indian Insurance Surveyors and Loss
Assessors (IIISLA). The amendments proposed in the Bill seek to do away
with the existing statutory prescriptions pertaining to licensing
insurance surveyors and loss assessors etc. and leave these issues to be
addressed by way of regulations.
15. Further, although the Standing Committee suggested retaining
licensing of agents and their commission structure in the Insurance Act
1938, however, keeping in view the interest of the policyholders and to
effectively monitor the performance and activities of the agents, the
commission structure and the Code of conduct for agents is to be
specified by regulations by the IRDA and accordingly, ceilings on
commission in the Act have been done away with and the insurance
companies along with the agents are made liable for any violation of the
regulations and stiff penalties have been provided for mis-selling,
rebating and marketing of products through multi level marketing
The Insurance Laws (Amendment) Bill, 2008, with a view to amend the
Insurance Act 1938, the General Insurance Business (Nationalisation)
Act, 1972 and the Insurance Regulatory and Development Authority Act,
1999 was introduced in the Rajya Sabha on the 22nd December, 2008. The
Bill as introduced and referred to the Standing Committee on Finance for
examination and report. The Standing Committee submitted its report to
Parliament on 13lh December. 2011. There are a total of 111 clauses in
the Insurance Laws (Amendment) Bill, 2008.