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Section 2C: Prohibition of transaction of insurance business by certain persons.

The Insurance Act, 1938Central Act · Act 4 of 1938

[2C. Prohibition of transaction of insurance business by certain persons.---(1) Save as hereinafter provided, no person shall, after the commencement of the Insurance (Amendment) Act, 1950 (47 of 1950), begin to carry on any class of insurance business in [India] and no insurer carrying on any class of insurance business in [India] shall after the expiry of one year from such commencement, continue to carry on any such business unless [it] is---

(a) a public company, or

(b) a society registered under the Co-operative Societies Act, 1912 (2 of 1912), or under any other law for the time being in force in any State relating to co-operative societies [or the Multi-State Cooperative Societies Act, 2002 (39 of 2002)], or

[(ba) a statutory body established by an Act of Parliament for time being in force to carry on insurance business; or]

[(c) a company or a body established or incorporated under a law of any country outside India and engaged in re-insurance business that establishes a branch in India for the purpose of re-insurance business exclusively and includes Lloyd's established under the Lloyd's Act, 1871 (34 of 1871 (UK)) (United Kingdom) or any of its Members:]

Provided that the Central Government may, by notification in the Official Gazette, exempt from the operation of this section to such extent for such period and subject to such conditions as it may specify, any person or insurer for the purpose of carrying on the business of granting superannuation allowances and annuities of the nature specified in sub-clause (c) of clause (11) of section 2 or for the purpose of carrying on any general insurance business:

Provided further that in the case of an insurer carrying on any general insurance business no such notification shall be issued having effect for more than three year at any one time.

[Provided also that no insurer other than an Indian insurance company shall begin to carry on any class of insurance business in India under this Act on or after the commencement of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999).]

[Provided also that no company or a body established or incorporated under a law of any country outside India shall carry on any class of insurance business, other than re-insurance:]

[Provided also [that an insurer carrying on insurance business], may carry on any [insurance business] in any Special Economic Zone as defined in clause (za) of section 2 of the Special Economic Zones Act, 2005 (28 of 2005).]

(2) Every notification issued under sub-section (1) shall be laid before Parliament as soon as may be after it is issued.]

[(3) Notwithstanding anything contained in sub-section (1), an insurance co-operative society may carry on any class of insurance business in India under this Act on or after the commencement of the Insurance (Amendment) Act, 2002 (42 of 2002).]

[(4) No person other than an insurer shall use as part of its name or in connection with its business any of the words "insurance", "insurer", "assurance", "re-insurance", "insurance company" or any of their derivatives and no person shall carry on the insurance business in India unless it uses as part of its name at least one of such words, as may be specified by the regulations.

(5) An insurance intermediary may only use the words "insurance", "assurance", or "insurance company" to indicate the nature of its organisation and services as an insurance intermediary, in accordance with the regulations.

(6) An association of insurers or insurance intermediaries formed for the protection of their mutual interests and registered under the Companies Act, 2013 (18 of 2013) or any other applicable law may only use the words "insurance", "assurance", or "insurance company" to indicate the nature of its organisation, purposes and services, in accordance with the regulations.]

Where this provision sits

ActThe Insurance Act, 1938
Section2C
Marginal noteProhibition of transaction of insurance business by certain persons.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act 47 of 1950. Ins. by Act 47 of 1950, s. 6 (w.e.f. 1-6-1950).
  • substituted, Act 62 of 1956. Subs. by Act 62 of 1956, s. 2 the Sch., for "the States" (w.e.f. 1-11-1956).
  • substituted, Act 40 of 2025. Subs. by Act 40 of 2025, s. 2, for "he" (w.e.f. 5-2-2026).
  • inserted. Ins. by s. 4, ibid. (w.e.f. 5-2-2026).
  • substituted. Subs. by s. 4, ibid., for clause (c) (w.e.f. 5-2-2026).
  • inserted, Act 41 of 1999. Ins. by Act 41 of 1999, s. 30 and Sch. I (w.e.f. 19-4-2000).
  • inserted, Act 40 of 2025. Ins. by Act 40 of 2025, s. 4 (w.e.f. 5-2-2026).
  • inserted, Act 28 of 2005. The proviso ins. by Act 28 of 2005, s. 57 and Sch. III (w.e.f. 10-2-2006).
  • substituted, Act 40 of 2025. Subs. by Act 40 of 2025, s. 4, for certain words (w.e.f. 5-2-2026).
  • substituted. Subs. by s. 2, ibid., for "business of insurance" (w.e.f. 5-2-2026).
  • inserted, Act 42 of 2002. Ins. by Act 42 of 2002, s. 3 (w.e.f. 23-9-2002).
  • inserted, Act 40 of 2025. Ins. by Act 40 of 2025, s. 4 (w.e.f. 5-2-2026).

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