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05/08/2020
Laws of Bangladesh

The Insurance Act, 1938

( ACT NO. IV Of 1938 )

Prohibition of business on dividing principle
52. (1) No insurer shall after the commencement of this Act, begin, or after three years from that date continue to carry on, any business upon the dividing principle, that is to say, on the principle that the benefit secured by a policy is not fixed but depends either wholly or partly on the results of a distribution of certain sums amongst policies becoming claims within certain time-limits, or on the principle that the premiums payable by a policy-holder depend wholly or partly on the number of policies becoming claims within certain time-limits:
 
 
 
 
Provided that nothing in this section shall be deemed to prevent an insurer from allocating bonuses to holders of policies of life insurance as a result of a periodical actuarial valuation either as reversionary additions to the sums insured or as immediate cash bonuses or otherwise:
 
 
 
 
Provided further that an insurer who continues to carry on insurance business on the dividing principle after the commencement of this Act shall withhold from distribution a sum of not less than forty per cent of the premiums received during each year after the commencement of this Act, in which such business is continued so as to make up the amount required for investment under section 27.
 
 
 
 
(2) and (3) 1[Omitted by section 43 of the Insurance (Amendment) Act, 1958 (Act No. XXVII of 1958).]
 
 

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    The heading and sections 52A to 52H were inserted by section 9 of the Insurance (Amendment) Ordinance, 1960 (Ordinance No. V of 1960)
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