Monday, June 7, 2010

Insurance Regulators

Regulators

Insurance is a federal subject in India. The primary legislation that deals with insurance business in India is: Insurance Act, 1938, and Insurance Regulatory & Development Authority Act, 1999.


Insurance Industry has ombudsmen in 12 cities. Each ombudsmen is empowered to redress customer grievances in respect of insurance contracts on personal lines where the insured amount is less than Rs. 20 lakhs, in accordance with the Ombudsmen Scheme.

Insurance Regulatory & Development Authority (IRDA)

IRDA was constituted by an act of parliament. The Authority is a ten member team consisting of:

(a) a Chairman
(b) five whole-time members
(c) four part-time members


(1) Subject to the provisions of Section 14 of IRDA Act, 1999 and any other law for the time being in force, the Authority shall have the duty to regulate, promote and ensure orderly growth of the insurance business and re-insurance business.


(2) Without prejudice to the generality of the provisions contained in sub-section (1), the powers and functions of the Authority shall include, -

(a) issue to the applicant a certificate of registration, renew, modify, withdraw, suspend or cancel such registration;


(b) protection of the interests of the policy holders in matters concerning assigning of policy, nomination by policy holders, insurable interest, settlement of insurance claim, surrender value of policy and other terms and conditions of contracts of insurance;


(c) specifying requisite qualifications, code of conduct and practical training for intermediary or insurance intermediaries and agents;


(d) specifying the code of conduct for surveyors and loss assessors;


(e) promoting efficiency in the conduct of insurance business;


(f) promoting and regulating professional organisations connected with the insurance and re-insurance business;


(g) levying fees and other charges for carrying out the purposes of this Act;


(h) calling for information from, undertaking inspection of, conducting enquiries and investigations including audit of the insurers, intermediaries, insurance intermediaries and other organisations connected with the insurance business;


(i) control and regulation of the rates, advantages, terms and conditions that may be offered by insurers in respect of general insurance business not so controlled and regulated by the Tariff Advisory Committee under section 64U of the Insurance Act, 1938 (4 of 1938);


(j) specifying the form and manner in which books of account shall be maintained and statement of accounts shall be rendered by insurers and other insurance intermediaries;


(k) regulating investment of funds by insurance companies;


(l) regulating maintenance of margin of solvency;


(m) adjudication of disputes between insurers and intermediaries or insurance intermediaries;


(n) supervising the functioning of the Tariff Advisory Committee; (o) specifying the percentage of premium income of the insurer to finance schemes for promoting and regulating professional organisations referred to in clause (f);

(p) specifying the percentage of life insurance business and general insurance business to be undertaken by the insurer in the rural or social sector; and


(q) exercising such other powers as may be prescribed

Tariff Advisory Committee (TAC)
(Statutory Body under Insurance Act 1938)


Tariff Advisory Committee controls and regulates the rates, advantages, terms and conditions that may be offered by insurers in respect of General Insurance Business relating to Fire, Marine (Hull), Motor, Engg. and Workmen Compensation.


Effective 22/07/98,the TAC Board has been reconstituted with seven members representing the present General Insurance Industry and eight members from government and Industry.


The Controller of Insurance cum Chairman IRDA is the Chairman of TAC.

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