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[Section Index]

The Insurance Act, 1938

( ACT NO. IV Of 1938 )

Appeals
110. (1) Except as otherwise provided in this Act, any person aggrieved by any order, direction or decision in respect of the following matters may, within a period of thirty days from the date of the communication of such order, direction or decision, appeal against it to the Insurance Appellate Tribunal constituted under sub-section (2), namely:-
 
 
 
 
(a) withholding of registration under section 3;
 
 
 
 
(b) cancellation of registration under clause (f) or clause (g) of sub-section (4) of section 3;
 
 
 
 
(c) alteration of memorandum and Articles of Association under section 3B;
 
 
 
 
(d) the mortality table, the statement of yield and the level of expenses published under sub-section (3) of section 3BB on the basis of which the rates of premium are required to be determined;
 
 
 
 
(e) withholding a certificate under section 3D for insurance or reinsurance outside Bangladesh;
 
 
 
 
(f) modification of reinsurance treaty or reinsurance arrangement under sub-section (6) of section 3D;
 
 
 
 
(g) change of name under section 5;
 
 
 
 
(h) any order issued under section 21;
 
 
(i) modification of remuneration under sub-section (1) of section 32A;
 
 
 
 
(j) any direction under section 34A;
 
 
 
 
(k) removal of a director, manager or other officer under section 34C;
 
 
 
 
(l) refusal to issue or renew, or cancellation of, a licence under section 42;
 
 
 
 
(m) refusal to issue or renew, or cancellation of, a certificate under section 42A;
 
 
 
 
(n) termination of a contract of an agent or employer of agents by an insurer;
 
 
 
 
(o) refusal to issue or renew, or cancellation of, a certificate under section 44A;
 
 
 
 
(p) refusal or cancellation of registration under section 70;
 
 
 
 
(q) refusal to renew registration under sub-section (1) of section 70A;
 
 
 
 
(r) imposition of penalty under sub-section (4) of section 70A;
 
 
 
 
(s) refusal to register amendment of rules under section 75;
 
 
 
 
(t) direction to remedy defects under section 87; and
 
 
 
 
(u) refusal to sanction a scheme under section 87A.
 
 
 
 
(2) The Government shall, for the purpose of hearing appeals under sub-section (1), constitute an Insurance Appellate Tribunal consisting of such number of members not exceeding seven, including a Chairman as it may appoint.
 
 
 
 
(3) The Chairman shall be a person who is qualified to be a Judge of the 1[Supreme Court] and the other members shall be persons possessing such qualifications and experience as may be prescribed.
 
 
(4) The Chairman and other members shall hold office for a period of three years from the date of appointment on such terms and conditions as may be prescribed.
 
 
 
 
(5) The Chairman may constitute such number of benches of the Tribunal as may be necessary for the expeditious disposal of appeals under sub-section (1); and each such bench shall consist of such number of members, not less than two, as may be prescribed.
 
 
 
 
(6) Subject to the provisions of this Act and the rules made thereunder, the Tribunal shall regulate its own procedure and shall, for the purpose of hearing an appeal, have the same powers as are vested in a civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters namely:-
 
 
 
 
(a) summoning and enforcing the attendance of any person and examining him on oath,
 
 
 
 
(b) requiring the discovery and production of any documents,
 
 
 
 
(c) receiving evidence on affidavits, and
 
 
 
 
(d) issuing commissions for the examination of witnesses or documents.
 
 
 
 
(7) If, in the course of the hearing of an appeal, any member of the Tribunal ceases, for any reason, to hold office, the proceedings of the Tribunal shall be stayed and the Government shall appoint another member in his place; and the hearing may continue before the Tribunal from the stage at which it was stayed as if there has been no change in the membership of the Tribunal.
 
 
 
 
(8) If, in the course of the hearing of an appeal, any one on the members is, for any reason, unable to attend the sitting of the Tribunal the hearing shall continue before, and the decision may be given by, the remaining members.
 
 
 
 
(9) If upon any matter requiring the decision of the Tribunal there is a difference of opinion amongst its members, the opinion of the majority shall prevail and the decision of the Tribunal shall be expressed in terms of the views of the majority:
 
 
Provided that where the members are equally divided on any point it shall,-
 
 
 
 
(a) in the case of the Tribunal or of a bench of which the Chairman is a member, be decided in accordance with the views of the Chairman; and
 
 
 
 
(b) in the case of a bench of which the Chairman is not a member, be referred to the Chairman and decided in accordance with his views.
 
 
 
 
(10) The Tribunal shall be deemed to be a civil Court for the purposes of section 195 of the Code of Criminal Procedure, 1898 (Act V of 1898), and a Court subordinate to the High Court Division 2[* * *] for the purpose of the Contempt of Courts Act, 1926 (XII of 1926), and any proceeding before the Tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the 3[Penal Code] (Act XLV of 1860).
 
 
 
 
(11) The Tribunal may issue a stay order against any order of the Government or the Chief Controller of Insurance.
 
 
 
 
(12) Any person aggrieved by a decision of the Tribunal may appeal to the High Court Division if the case is certified by the Tribunal, in the prescribed manner, to be a fit one for appeal to the High Court Division.
 
 
 
 
(13) In this section, unless the context otherwise requires,-
 
 
 
 
(a) “Chairman” means the Chairman of the Tribunal;
 
 
 
 
(b) “member” means a member of the Tribunal; and
 
 
 
 
(c) “Tribunal” means the Tribunal constituted under sub-section (2) and includes a bench thereof constituted under sub-section (5).

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Ministry of Law, Justice and Parliamentary Affairs