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The Insurance Act, 1938

( ACT NO. IV Of 1938 )

Provisions relating to reinsurances and insurances abroad
3D. (1) No insurer shall reinsure outside Bangladesh any insurance business or any part thereof underwritten by him in Bangladesh which is in excess of its treaty reinsurance arrangement unless a certificate has been obtained from the Chief Controller to the effect that such excess cannot be placed within Bangladesh.
 
 
 
 
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Explanation I.- For the purposes of this sub-section a reinsurance arrangement shall not be deemed to be a treaty reinsurance arrangement if such arrangement operates in a casual manner and in determining whether a particular reinsurance arrangement is a treaty reinsurance arrangement or not, the decision of the Chief Controller of Insurance shall be final.
 
 
Explanation II.- For the purposes of this sub-section a reinsurance arrangement in respect of life insurance business entered into by an insurer domiciled elsewhere than in Bangladesh with his head office shall be deemed to be treaty reinsurance arrangement to the extent determined by the Chief Controller of Insurance.
 
 
 
 
(2) No person shall insure outside Bangladesh any risk or any part thereof in respect of any property or interests in Bangladesh unless a certificate has been obtained from the Chief Controller to the effect that the risk in question cannot be insured in Bangladesh:
 
 
 
 
Provided that the Chief Controller may grant an exemption to any person from the requirements of this sub-section in respect of such property or interests and for such period as he may deem fit.
 
 
 
 
(3) The Chief Controller shall, if he refuses a certificate under sub-section (1) or sub-section (2), communicate his decision in writing to the applicant for the certificate, within one month from the date of the application.
 
 
 
 
(4) Every insurer shall submit, in the prescribed manner, to the Chief Controller of Insurance before the expiry of six months from the commencement of the Insurance (Amendment) Ordinance, 1970, a certified statement giving salient features of his reinsurance arrangement in respect of his business in Bangladesh and such other information about the reinsurance treaty as may be required by the Chief Controller.
 
 
 
 
(5) Where any reinsurance treaty the particulars of which have been submitted to the Chief Controller of Insurance under sub-section (4) is altered or any new reinsurance arrangement is made after the submission of the information under sub-section (4), the insurer concerned shall submit to the Chief Controller, in the prescribed manner, a report giving the particulars or such alteration in the treaty of such reinsurance arrangement within one month of such alteration or arrangement and shall submit such further information or clarification as the Chief Controller may require.
 
 
(6) The Chief Controller of Insurance may, after examining the statement submitted under sub-section (4) and the report, if any, submitted under sub-section (5), and giving the insurer an opportunity of being heard, for reasons to be recorded in writing, direct the insurer to make such modifications in his reinsurance treaty or reinsurance arrangement as the Chief Controller may specify.
 
 
 
 
(7) Notwithstanding anything contained in any other law for the time being in force, the Government may require insurers to reinsure within Bangladesh with reinsurers approved for this purpose, or among themselves, such proportion of the insurance business or such proportion of the reinsurance treaties as may be prescribed.]

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Ministry of Law, Justice and Parliamentary Affairs