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[Section 113] [Complete Act]
Central Government Act
Section 113(1) in The Insurance Act, 1938
(1) A policy of life insurance under which the whole of the benefits become payable either on the occurrence, or at a fixed interval or fixed intervals after the occurrence, of a contingency which is bound to happen, shall, if all premiums have been paid for at least three cosecutive years in the case of a policy issued by an insurer or five years in the case of a policy issued by a provident society as defined in Part III, acquire a guaranteed surrender value, to which shall be added the surrender value of any subsisting bonus already attached to the policy, and every such policy
1. Subs. by Act 47 of 1950, s. 4, for" Superintendent of Insurance" (w. e. f. 1- 6- 1950 ). 2. Sub- sections (1), (2) and (8) subs. by Act 13 of 1941, s. 61, for the original sub- sections (1) and (2).
issued by an insurer shall show the guaranteed surrender value of the policy at the close of each year after the second year of its currency or at the close of each period of three years throughout the currency of the policy: Provided that the requirements of this sub- section as to the addition of the surrender value of the bonus attaching to a policy at surrender shall be deemed to have been complied with where the method of calculation of the guaranteed surrender value of the policy makes provision for the surrender value of the bonus attaching to the policy: Provided further that the requirements of this sub- section as to the showing of the guaranteed surrender value on a policy shall be deemed to have been complied with where the insurer shows on the policy the guaranteed surrender value of the policy by means of a formula accepted in this behalf by the 1[ Controller] as satisfying the said requirements: Provided further that the provisions of this sub- section as to the showing of the guaranteed surrender value on a policy shall not take effect until after the expiry of six months from such 2[ date as the
1. Subs. by Act 47 of 1950, s. 4, for" Superintendent of Insurance" (w. e. f. 1- 6- 1950 ). 2. 1st January 1942, see notification No. 530-I (27) 141, dated the 6th December 1941, Gazette of India, 1941, Pt. I, P. 1754.
Central Government may, by notification in the Official Gazette, appoint in this behalf. (2) Notwithstanding any contract to the contrary, a policy which has acquired a surrender value shall not lapse by reason of the nonpayment of further premiums but shall be kept alive to the extent of the paid- up sum insured, and the paid- up sum insured shall for the purposes of this sub- section include in full all subsisting reversionery bonuses that have already attached to the policy, and shall, where the policy is one on which the maximum number of annual premiums payable is fixed and the premiums are of uniform amount, be before the inclusion of such bonuses not less than the amount bearing to the total sum insured by the policy exclusive of bonuses the same proportion as the total period for which premiums have already been paid bears to the maximum period for which premiums were originally payable.