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The Insurance Act, 1938

( ACT NO. IV Of 1938 )

Insurance surveyors to hold certificates
1[44A. (1) No person other than an insurance surveyor holding an appropriate certificate under this section shall, after the expiry of six months from the commencement of the Insurance (Amendment) Act, 1958, undertake in Bangladesh the surveying assessment or adjustment of any loss in respect of general insurance business and no insurer shall pay any claim in respect of general insurance business transacted by him in Bangladesh unless the loss has been surveyed, assessed or adjusted, as the case may be, by an insurance surveyor holding an appropriate certificate under this section:
 
 
 
 
Provided that the provisions of this sub-section shall not apply to such persons and to such losses as may be prescribed.
 
 
 
 
(2) An application for a certificate under this section shall be made to the Chief Controller of Insurance in the prescribed manner and be accompanied by a prescribed fee which shall not be more than 2[two thousand Taka].
 
 
 
 
(3) The insurance surveyors may be classified into such classes or sub-classes as may be prescribed, and, if so classified, separate application shall be made and separate certificates issued in respect of each such class or sub-class.
 
 
 
 
(4) The Chief Controller of Insurance or any person authorised by him in this behalf may, on receipt of an application under this section, call for such information or explanation as he may deem fit, or ask the applicant to appear before him in person, and on being satisfied that the applicant fulfils such requirements as may be prescribed and is fit to hold the certificate applied for, grant such certificate.
 
 
 
 
(5) An applicant who has been refused a certificate of any class or sub-class under sub-section (4) shall not be entitled to make a fresh application for a certificate of the same class or sub-class before the expiry of a period of one year from the date of such refusal.
 
 
(6) A certificate issued under this section shall remain in force for a period of one year only from the date of issue, but shall, on application made in this behalf, be renewed from year to year, if -
 
 
 
 
(i) an application in the prescribed form for renewal of the certificate reaches the issuing authority before the certificate ceases to remain in force;
 
 
 
 
(ii) the applicant has paid the prescribed fee which shall not be more than 3[one thousand Taka];
 
 
 
 
(iii) the applicant fulfils the requirements prescribed under sub-section (4); and
 
 
 
 
(iv) in the case of an individual, the applicant, or, in the case of a company or firm, any of its directors or partners, does not suffer from any of the disqualifications mentioned in clauses (b), (c), or (d) of sub-section (4) of section 42:
 
 
 
 
Provided that an application for renewal of the certificate which does not reach the issuing authority before the certificate ceases to remain in force shall be entertained if the applicant has submitted an application within twelve months from the date the certificate cases to remain in force and has paid an additional fee of the prescribed amount not exceeding fifteen Taka by way of penalty.
 
 
 
 
4[(6A) The Chief Controller shall, if he refuses a certificate or the renewal of a certificate under this section, communicate his decision in writing to the applicant for such certificate or renewal within three months from the date of the application.]
 
 
 
 
(7) Where it is found that an insurance surveyor being an individual is, or being a company or firm contains a director or partner who is, suffering from any of the disqualifications mentioned in sub-section (4) of section 42, without prejudice to any other penalty to which he may be liable, the Chief Controller shall, and where it is proved to the satisfaction of the Chief Controller that the insurance surveyor has-
 
 
 
 
(i) given a false report; or
 
 
(ii) grossly over-assessed or under-assessed any loss; or
 
 
 
 
(iii) made an adjustment of loss in a grossly unjust manner;
 
 
 
 
the Chief Controller may cancel the certificate or certificates held by that insurance surveyor:
 
 
 
 
Provided that in the event of cancellation of a certificate under the discretionary powers of the Chief Controller under this sub-section the Government may, upon an application made to it in this behalf, call for a report from the Chief Controller, and, after considering such report and hearing the applicant, give such direction to the Chief Controller as it may deem fit.
 
 
 
 
(8) The authority which issued any certificate under this section may issue a duplicate certificate to replace a certificate lost, destroyed or mutilated on payment of the prescribed fee, which shall not be more than five Taka.
 
 
 
 
(9) Any person who acts in contravention of this section shall be punishable with fine which may extend to one thousand Taka and where the person contravening is a company or a firm, then, without prejudice to any other proceedings which may be taken against the company or firm, every director, manager, secretary or any other officer of the company and every partner of the firm who is knowingly a party to such contravention shall be punishable with fine which may extend to one thousand Taka.

  • 1
    Sections 44A and 44B were inserted by section 38 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958)
  • 2
    The words “two thousand Taka” were substituted for the words “fifty Taka” by section 6 of the Insurance (Amendment) Act, 2004 (Act No. IV of 2004)
  • 3
    The words “one thousand Taka” were substituted for the words “fifty Taka” by section 6 of the Insurance (Amendment) Act, 2004 (Act No. IV of 2004)
  • 4
    Sub-section (6A) was inserted by section 25 of the Insurance (Amendment) Ordinance, 1970 (Ordinance No. XXV of 1970)
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