The Insurance Act, 1938

Section 107A. [Chairman, etc. to be public servant.]

In force · As amended up to 2026-08

107A. [Chairman, etc. to be public servant.] — omitted by s. 92, ibid. (w.e.f. 26-12-2014) — 108. Power of court to grant relief. If 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 relievehim either wholly or partly from his liability on such terms as it may think fit. 5 — [109. Cognizance of offence. No court shall take cognizance of any offence punishable under this Act or any rules or any regulations made thereunder, save on a complaint made by an officer of the Authority or by any person authorised by it.] 6 [110. Appeal to Securities Appellate Tribunal. — (1) Any person aggrieved — (a) by an order of the Authority made on and after the commencement of the Insurance Laws (Amendment) Act, 2015 (5 of 2015), or under this Act, the rules or regulations made thereunder; or (b) by an order made by the Authority by way of adjudication under this Act, may prefer an appeal to the Securities Appellate Tribunal having jurisdiction in the matter. (2) Every appeal made under sub-section (1) shall be filed within a period of forty-five days from the date on which a copy of the order made by the Authority is received by him and it shall be in such a form and be accompanied by such fees as may be prescribed: Provided that the Securities Appellate Tribunal may entertain an appeal after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing it within that period. 1. Clause (a) omitted by Act 5 of 2015, s. 91 (w.e.f. 26-12-2014). 2. Clause (b) omitted by s. 91, ibid. (w.e.f. 26-12-2014). 3. The words "or a provident society" omitted by s. 91, ibid . (w.e.f. 26-12-2014). 4. Clause (f) omitted by s. 91, ibid. (w.e.f. 26-12-2014). 5. Subs. by s. 93, ibid ., for section 109 (w.e.f. 26-12-2014). 6. Subs. by s. 94, ibid ., for section 110 (w.e.f. 26-12-2014). (3) On receipt of an appeal under sub-section (1), the Securities Appellate Tribunal may, after giving parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit, conforming, modifying or setting aside the order appealed against. (4) The Securities Appellate Tribunal shall make available copy of order made by it to the Authority and parties. (5) The appeal filed before the Securities Appellate Tribunal under sub-section (1) shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within six months from the date of receipt of appeal. (6) The procedure for filing and disposing of an appeal shall be such as may be prescribed. (7) The provision contained in section 15U, section 15V, section 15W, section 15Y and section 15Z of the Securities and Exchange Board of India Act, 1992 (15 of 1992) shall apply to the appeals arising out of the provisions of this Act, as they apply to the appeals under the Securities and Exchange Board of India Act, 1992 (15 of 1992).] 1[110A. Delegation of powers and duties of 2[Chairperson of the Authority]. — The 2[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[2] [Chairperson of the Authority] may impose, and shall be subject to his control and revision. — 110B. Signature of documents. Every document which is required by this Act or by any rule made thereunder to be signed by the[2] [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[2] [Chairperson of the Authority], person or officer printed, engraved, lithographed or impressed by any other mechanical process approved by the Central Government.] 3[110C. Power to call for information. — (1) The 2[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.] 4 — [110D. Certain claims for compensation barred. 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 or by reason of the compliance by an insurer with any order or direction given to hi m under this Act.

Source: India Code