Union of India - Act
Motor Vehicles Third Party Insurance Rules, 1946
UNION OF INDIA
India
India
Motor Vehicles Third Party Insurance Rules, 1946
Rule MOTOR-VEHICLES-THIRD-PARTY-INSURANCE-RULES-1946 of 1946
- Published on 1 July 1946
- Commenced on 1 July 1946
- [This is the version of this document from 1 July 1946.]
- [Note: The original publication document is not available and this content could not be verified.]
222.
Part I – 1. Short title
.These rules may be called The Motor Vehicles Third Party Insurance Rules , 1946.1.
-A. Extent.These rules extend to the whole of India .2. Commencement
.These rules shall come into force on 1st July, 1946 .3. Definitions
.In these rules,4. Certificates of insurance
.An insurer shall issue to every holder of a policy other than a cover-note issued by the insurer5. Cover-notes
6. Issue of certificates and cover-notes
6.
-A. Application for transfer of certificate of insurance and policy.A person who proposes to transfer to another person the ownership of a motor vehicle together with the policy of insurance relating thereto, may apply to the insurer who has issued the certificate of insurance in respect of such vehicle in Form AA set out in the Schedule to these rules for the transfer of such certificate and the policy described therein in favour of the person to whom the motor vehicle is proposed to be transferred.7. Exclusion of advertising matter
.No certificate of insurance or cover-note issued in pursuance of Chapter VIII of the Act and of these rules shall contain any advertising matter either on the face or on the back thereof:Provided that the name and address of the insurer by whom a certificate is issued, or a reproduction of the seal of the insurer, or any monogram or similar device of the insurer of the name and address of an insurance agent or broker shall not be deemed to be advertising matter for the purposes of this rule if it is printed or stamped at the foot or on the back of such certificate or cover-note.8. Certificates or cover-notes lost, destroyed or mutilated
9. Surrender of certificate or cover-note
.Every certificate of insurance or cover-note surrendered to the insured insurer in pursuance of the provisions of section 104(1) of the Act shall be defected or destroyed by the insurer forthwith after making a record of such defacement or destruction in the records maintained in pursuance of rule 11 of the these rules.10. Cancellation or suspension of certificate or cover-note
.When a policy of insurance or cover-note is cancelled or suspended by an insurer, the insurer shall forthwith inform the policy holder of such cancellation or suspension, by post to the latest address of the policy holder recorded in the records of the insurer.11. Records to be maintained by insurers
.Every insurer shall keep a record of the following particulars in respect of every policy issued by him which is in force and of every other policy issued by him during the preceding five years.12. Exemption under sub-sections (2) and (3) of section 94 of the Act
13. Records of exempted vehicles
.Every authority referred to in sub-section (2), or exempted under sub-section (3) of section 94 of the Act shall keep a record of the motor vehicles owned by it in respect of which a policy has not been obtained, and of any certificates issued by it under these provisions in respect of such vehicles, and of the names and addresses of the persons to whom such certificates have been issued by it and of the withdrawal of destruction of any such certificates.14. Supply of information
.Any person, authority or insurer required by these rules to keep records of documents shall furnish without charge to the Central Government or a Provincial Government or to any police officer authorized in this behalf by the Provincial Government on request, any particulars thereof.15. Fee for production of information
.The fee to be paid in return for the production of information by a registering authority or the officer in charge of a police station under section 109 of the Act shall be Re. 1.Part IA – Establishment Of Fund By Authorities Exempted Under Sub-Section (3) Of Section 94
15.
-A. Establishment of the fund.The authority may at any time establish a fund for meeting any liability arising out of the use of any motor vehicle of that authority which that authority or any person in its employment may incur to third parties including liability arising under the Workman's Compensation Act, 1923.15.
-B. Amount of the fund15.
-C. Investment of the fund.From the amount at the credit of the fund the authority shall keep and maintain a cash deposit of not less than rupees fifty thousand in the bank. The rest of the amount at the credit of the fund shall be invested in Government securities.15.
-D. Securities held as a deposit in the fund15.
-E. Deposits procedure15.
-F. Interest on deposit in the fund.Interest realized on each deposit or the securities held in the fund shall be paid by the bank to the authority.15.
-G. Withdrawal from the fund15.
-H. Settlement of claims procedure.The authority shall comply with such directions as The Central Government or the State Government concerned, as the case may be, may from time to time issue, with respect to the procedure to be followed for settlement of claims which are to be met out of the fund.Part II – Co-operative Insurance
16. Definitions
.In this Part of these rules,17. Co-operative Insurance Fund
.The fund required to be established in terms of clause (a) of sub-section(1) of section 108 of the Act shall be held in the form of a deposit made either in cash or in approved securities or partly in cash and partly in approved securities and the amount of approved securities so held shall be estimated at the market value of the securities on the day of the deposit:Provided that where a deposit held under the Insurance Act, 1938, is transferred to the holding authority in pursuance of rule 24 of these rules, the date of the deposit shall, in the case of approved securities so transferred, be deemed to be the date of such transfer.18. Deposits Procedure
19. Interest on securities held as a deposit
20. Matured securities held as a deposit
21. Payments from deposits
22. Inspection of deposits
.Any officer authorized in this behalf by the Provincial Government shall be entitled, free of any fee, to inspect or to require from the holding authority any information relating to any security deposited with the holding authority in terms of clause (a) of sub-section (1) section 108 of the Act and of these rules; and the holding authority shall, if so required, furnish such officer with a copy of any entry in any register or book maintained by the holding authority relating to any deposit made with him in pursuance of the Act and of these rules.23. Information to the Reserve Bank
.Where a society, to which permission is granted under sub-section (1) of section 108of the Act to transact the business of an insurer for the purposes of the Act as if it were an authorized insurer is registered under the Insurance Act,1938, at the time of the grant of such permission, the Provincial Government shall intimate the grant of such permission to the Reserve Bank of India, and shall also intimate to that bank all the conditions, imposed by the Provincial Government relating to the establishment of the fund referred to in clause (a)of sub-section (1) of section 108 of the Act in relation to such society.24. Transfer of deposit from Reserve Bank
25. Information to the Controller of Insurance
.A Provincial Government shall intimate to the Controller of Insurance every case of a permission granted by it to a society to transact the business of an insurer for the purposes of the Act, and every case where such permission has been withdrawn or cancelled, and in every case where such permission has been granted, the Provincial Government shall also furnish to the Superintendent of Insurance a copy of the documents referred to in clauses (a),(b) and (f) of sub-section (2) of section 3 and the particulars referred to in section 26 of the Insurance Act, 1938, in relation to such society so far as is applicable to such society:Provided that in the case of societies which, at the time, of grant of the permission by the provincial Government has been registered under the Insurance Act, 1938, it shall be sufficient compliance with the requirements of this rule if the provincial Government furnishes to the Controller of Insurance the particulars referred to in section 26 of the Insurance Act, 1938, in respect of every alteration taking place after the date on which permission is granted to the society by the Provincial Government.26. Failure of a society to comply with the provisions of the Act
.The Controller of Insurance shall intimate to the Provincial Government concerned every case in which, from a perusal of the returns furnished to him by a society, he is of the opinion that the society has failed to comply with the requirements of either sub-clause (i) or sub-clause (ii)of clause (f) of sub-section (1) of section 108 of the Act or both.Part III – Foreign Insurance
27. Definitions
.In this part of these rules28. List of foreign insurers
29. Guarantor of foreign insurer
30. Endorsement of certificate of foreign insurance
31. Validity of certificate of foreign insurance
.A certificate of foreign insurance carrying an endorsement in accordance with the provisions of rule 30 shall have effect as if it were a certificate of insurance issued by the guarantor specified in it and shall be deemed to comply with the requirements of Chapter VIII of the Act;and the policy to which it relates shall also be deemed to have been issued by such guarantor and to comply with the requirements of Chapter VIII of the Act.32. Maintenance of record by the guarantor
.Every guarantor shall, in respect of certificates of foreign insurance issued under his guarantee by the foreign insurer whom he has guaranteed, and every person who has ceased to be a guarantor shall, in respect of the certificates of foreign insurance issued under his guarantee by the foreign insurers whom he had guaranteed at any time in the preceding five years, keep a record of such particulars relating to the policies in connection with which the certificates of foreign insurance were issued as are required to be kept by insurers under the provisions of rule 11 of these rules in respect of policies, and the necessary additions to these records required to make them up to date shall be made as soon as is reasonably possible in the circumstances.THE SCHEDULEFORM A[MOTOR VEHICLES ACT, 1939] [Now the Motor Vehicles Act, 1988 (59 of 1988).]Certificate of Insurance(See rule 4)Certificate No....................Policy No.................................1. Description of the vehicles insured:
2. Name and address of insured.
3. Effective date of commencement of insurance for the purpose of the Act.
4. Date of expiry of insurance.
5. Persons or classes of persons entitled to drive.
6. Limitation as to use.
7. Insurance premium.
8. I/We hereby certify that the policy to which this certificate relates as well as this certificate of insurance are issued in accordance with the provisions of Chapter VII of the [Motor Vehicles Act, 1939] [Now Chapter XI of the Motor Vehicles Act, 1988 (59 of 1988).].
(Authorised insurer)1. Registration mark and number or description of the vehicles insured.................................
2. Name and address of insured.................................
........................................................................3. Effective date of commencement of insurance for the purpose of the Act.
4. Date of expiry...................................
5. Person or classes of persons entitled to drive......................................................
................................................................................................................6. Limitation to use....................................
..............................................The period of validity of this cover-note will expire on ...................................................I/We hereby certify that this cover-note is issued in accordance with the provisions of Chapter VIII of the Motor Vehicles Act, 1939*.(Authorised insurer)The period of validity of this cover-note which expired on ...............is extended upto..........................(Authorised insurer).The period of validity of this cover-note which expired on...............further extended upto................(Authorised insurer).The period of validity of this cover-note which expired on..................is further extended up to ...................(Authorised insurer)FORM C[MOTOR VEHICLES ACT, 1939] [Now the Motor Vehiclees Act, 1988 (59 of 1988).](See rule 12)Certified that the motor vehicle of the following description:19.
................Certified that the .....................has made the under-noted deposits under clause (As) of sub-section (1) of section 108 of the Motor Vehicles Act, 1939, and the Motor Vehicles (Third Party Insurance) Rules, 1946.(Holding authority)| Approved securities | |||||
| Cash | Loan | Face value | Market value | Remarks | |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Total |
19.
....................Statement showing the particulars of deposits held on behalf of the..................under clause (a) of sub-section (1) of section 108 of the Motor Vehicles Act, 1939| Loan | Existing deposits (excluding deposits withdrawn) | New deposits received on | Total | |||
| Face value | Book value | Face value | Book value | Face value | Book value | |
| Total..... | ||||||
| Cash......... | ||||||
| Grand Total |