INTRODUCTORY
The Insurance Regulatory and
Development Authority Act, 1999 is an Act to provide for the
establishment of an authority to protect the interests of holders of
insurance policies, to regulate, promote and ensure orderly growth
of an insurance industry and for matters connected therewith or
incidental thereto and further to amend the Insurance Act, 1938, the
Life Insurance Corporation Act, 1956 and the General Insurance
Business (Nationalisation) Act, 1972.
The
Parliament ratified the Insurance Regulatory and Development
Authority Bill, 1999 on 7-12-1999, thus stigmatizing the monopoly of
the Life Insurance Corporation and General Insurance Corporation
over the insurance sector.
The
Bill, adopted by the Lok Sabha on December 2, was passed in the
Rajya Sabha on 7-12-1999. The Insurance Regulatory & Development
Authority Act, 1999 seeks to open up the insurance sector for
private companies with a foreign equity of 26 per cent.
It is also aimed at ending the monopoly of the Life Insurance
Corporation (LIC) and General Insurance Corporation (GIC) in the
insurance sector of the country.
Finance
Minister, Mr. Yashwant Sinha, asserted that the government was not
in favour of State monopolies.
Reiterating that the policy of the government was one that
was for competition, Mr. Sinha, however, assured the House that
there would be a level playing field for the private and State owned
insurance companies: "The Regulatory Authority will not do to
the public sector what it would not do to a private company",
he said as he allayed fears that the legislation would be
detrimental to the interests of the social sector.
Stating
that the government is under no pressure to bring in the Bill, the
Finance Minister said that the Government is bringing the Bill on
its own accord.
Mr.
Sinha, on his part, said the government had given "ample
notice" of its intention to privatise the insurance sector.
Mr.
Sinha set at rest doubts about dilution of equity of the LIC and GIC.
The present government, he said, has no intention to
privatise these corporations: "Neither is it our case that the
LIC and GIC have not functioned.
They have discharged their responsibility well but they need
to do more". He said adding that it was not possible for the
LIC and GIC to cover a country as large as India in its
entirety" "That is why penetration of LIC and GIC has been
inadequate".
Drawing
the attention of the House to the fact that LIC and GIC had branches
in 26 countries, he sought to know from the members that when LIC
and GIC could go to other countries then why couldn't other
countries come to India? The
26 per cent equity cap does not mean surrendering freedom, he
clarified.
On
the issue of loss of sovereignty, he said that similar references
were expressed when the banking sector was opened up but the
experience has been quite to the contrary.
The LIC and GIC, he asserted, are geared to face competition.
This
comprehensive write-up comprising the Insurance Regulatory and
Development Authority Act, 1999 with short comments and Regulations
relating thereto would serve the purpose of a ready referencer on
the subject. A creative
feedback from the learned readers, bringing to our notice any
mistake, error or omission or discrepancy that might have crept in
this book in spite of our sincere efforts to avoid those, is most
welcome, for it will help us improve the overall quality, style and
presentation of the book in the forthcoming editions.
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