Section 29:
Prohibition of loans.
1[29. Prohibition of loans.--(1) No insurer shall grant loans or temporary advances either on
hypothecation of property or on personal security or otherwise, except loans on life insurance policies
issued by him within their surrender value, to any director, manager, actuary, auditor or officer of the
insurer, if a company or to any other company or firm in which any such director, manager, actuary or
officer holds the position of a director, manager, actuary, officer or partner:
Provided that nothing contained in this sub-section shall apply to such loans, made by an insurer to a
banking company, as may be specified by the Authority:
Provided further that nothing in this section shall prohibit a company from granting such loans or
advances to a subsidiary company or to any other company of which the company granting the loan or
advance is a subsidiary company if the previous approval of the Authority is obtained for such loan or
advance.
(2) The provisions of section 185 of the Companies Act, 2013 (18 of 2013) shall not apply to a loan
granted to a director of an insurer being a company, if the loan is one granted on the security of a policy
on which the insurer bears the risk and the policy was issued to the director on his own life, and the loan
is within the surrender value of the policy.
(3) Subject to the provisions of sub-section (1), no insurer shall grant--
(a) any loans or temporary advances either on hypothecation of property or on personal security
or otherwise, except such loans as may be specified by the regulations including the loans sanctioned
as part of their salary package to the full-time employees of the insurer as per the scheme duly
approved by its Board of Directors;
(b) temporary advances to any insurance agent to facilitate the carrying out of his functions as
such except in cases where such advances do not exceed in the aggregate the renewal commission
earned by him during the immediately preceding year.
(4) Where any event occurs giving rise to circumstances, the existence of which at the time of grant
of any subsisting loan or advance would have made such grant a contravention of this section, such loan
or advance shall, notwithstanding anything in any contract to the contrary, be repaid within three months
from the occurrence of such event.
(5) In case of default in complying with the provisions of sub-section (4), the director, manager,
auditor, actuary, officer or insurance agent concerned shall, without prejudice to any other penalty which
he may incur, cease to hold office under, or to act for, the insurer granting the loan on the expiry of three
months.]
Notes:
1. Subs. by s. 27, ibid., for section 29 (w.e.f. 26-12-2014).