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Core Purpose

Notification under section 64ULA(1) of the Insurance Act, 1938, de-notifying the Arbitration clause across tariff insurance products, effective 27th October 2023.

Detailed Summary

The Insurance Regulatory and Development Authority of India (IRDAI), in Notification F. No. IRDAI/Gen Insurance/Tariff/1/195/2024 dated 22nd January 2024, exercising powers under sub-section (1) of section 64ULA of the Insurance Act, 1938, de-notifies the Arbitration clause in all tariff products under Fire, Motor, Engineering, Workmen's Compensation and other classes of insurance business; it recalls that following withdrawal of tariffs by the Tariff Advisory Committee in 2006, the Authority, under clause (i) of sub-section (2) of Section 14 of the IRDA Act, 1999, had issued Notification Ref. 034/IRDA/De-Tariff/Dec-06 dated 4th December 2006 directing that tariff general regulations (other than rating), terms, conditions, clauses, warranties, policy and endorsement wordings continue to be followed until further orders; the Authority now notifies that the Arbitration clause-related provisions in such tariff general regulations, terms, conditions, clauses, warranties, policy, add-ons, endorsement wordings and proposal forms stand de-notified with effect from 27th October 2023, and that insurance risk contracts governed by the erstwhile tariffs shall, from that date, be subject to the Authority's circulars on the matter, as amended from time to time; the notification is signed by Debasish Panda, Chairperson.

Full Text

REGD. No. D. L.-33004/99 The Gazette of India CG-TL-E-23012024-251560 EXTRAORDINARY PART III—Section 4 PUBLISHED BY AUTHORITY No. 53] NEW DELHI, TUESDAY, JANUARY 23, 2024 INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA NOTIFICATION Hyderabad, 22nd January, 2024 F. No. IRDAI/Gen Insurance/Tariff/1/195/2024.—In exercise of the powers conferred by sub section (1) of section 64 ULA of the Insurance Act, 1938, the Authority hereby de-notifies the Arbitration clause in all tariff products under Fire, Motor and Engineering, Workmen's Compensation and other classes of insurance business. 1. In the year 2006, pursuant to the withdrawal of tariffs by the Tariff Advisory Committee, the Insurance Regulatory and Development Authority of India (“Authority”) in exercise of powers vested in it under clause (i) of sub section (2) of Section 14 of the IRDA Act, 1999, issued notification Ref.034/IRDA/De-Tariff/Dec-06 dated 4th December, 2006, wherein it was notified that the tariff general regulations (other than those relating to rating), terms, conditions, clauses, warranties, policy and endorsement wordings applicable to certain classes of business such as Fire, Engineering, Motor, Workmen's Compensation and other classes of insurances which were then under tariffs shall continue to be followed until further orders. 2. Now, by virtue of powers vested with the Authority under sub section (1) of Section 64 ULA of the Insurance Act, 1938 the Authority hereby notifies that the Arbitration clause related provisions in the tariff general regulations, terms, conditions, clauses, warranties, policy, add-ons, endorsement wordings and proposal form applicable to the risks of insurance business governed by the erstwhile Tariffs stand de-notified with effect from 27th October, 2023. 3. Accordingly, it is hereby notified that with effect from 27th October, 2023, insurance risks contracts mentioned provision regarding Arbitration clause shall be subject to the circular issued in this regard by the Authority and amended from time to time. DEBASISH PANDA, Chairperson [ADVT.-III/4/Exty./707/2023-24] Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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