Act Number: 4

Act Name: The Insurance Act, 1938

Year: 1938

Enactment Date: 1938-02-26

Long Title: An Act to consolidate and amend the law relating to the business of insurance.

Ministry: Ministry of Finance

Department: Department of Financial Services

Section 46: Application of the law in force in India to policies issued in India.
    The holder of a policy of insurance issued by an insurer in respect of insurance business transacted in 1[India] after the commencement of this Act shall have the right, notwithstanding anything to the contrary contained in the policy or in any agreement relating thereto, to receive payment in 1[India], of any sum secured thereby and to sue for any relief in respect of the policy in any Court of competent jurisdiction in 1[India]; and if the suit is brought in 1[India]; any question of law arising in connection with any such policy shall be determined according to the law in force in 1[India]:
     2[Provided that nothing in this section shall apply to a policy of marine insurance.]
Notes:
1 Subs. by Act 62 of 1956, s. 2 and the First Schedule, for "the States" (w.e.f. 1-11-1956).
2 Ins. by Act 7 of 1944, s. 2 (w.e.f. 7-3-1944).
Scroll to Top