Chapter II
The Origin and- growth
of Insurance in the
Indian Con text
CHAPTER -H
THE ORIGIN AND GROWTH OF INSURANCE
IN THE INDIAN CONTEXT
This chapter deals with the history of insurance. It explains the origin
and growth of insurance business in the Indian context. The concept of
insurance has been prevalent in India since ancient times amongst Hindus.
Overseas traders practiced a system of marine insurance. The joint family
system, peculiar to India, was a method of social insurance of every member of
the family on his life. The law relating to insurance has gradually developed,
undergoing several phases from nationalization of the insurance industry to the
recent reforms permitting entry of private players and foreign investment in the
insurance industry.
History of insurance:
Insurance probably made a beginning in the ancient land of Babylonia in
the 18th century B.C., Babylonia king Hammurabi developed a code of law,
known as the Code of Hammurabi, which codified many specific rules
governing the practices of early risk-sharing activities. For instance, the code
dictated that traders had to repay merchants who financed trading voyages
unless thieves stole goods in transit, in which case debts would be cancelled.
This was similar to the system of insurance known as bottomry which
existed in Phoenicia in 1200 B. C. In this system, backers loaned money to
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merchants to finance voyage. Merchants offered their ships (the hull was
known as the ship's bottom') as collateral for such loans. When a trip
succeeded, the merchant would pay the trip's backer the original loan plus
interest, the equivalent of a premium. If a ship went down on its voyage, the
trip's backer would cancel the merchant's loan.
The Greeks and Romans developed the earliest systems of life
insurance. They formed societies which paid dues that went toward paying for
the burial of members. Sometimes these societies also paid for the living
expenses of deceased members' of the families. During the Middle Ages (5th to
15th centuries A. D.), workers joined together for helping the families in the
group in the event of death or illness of the group members.
Insurance as we know it today took its shape in 17th century England.
The policy of life of William Gybbons on June 18, 1633 was the first recorded
evidence. There was a place called Lloyd's Coffee House in London, owned by
Edward Lloyd, where merchants, ship-owners and underwriters met to discuss
and transact business. In 1871, Lloyd's Act was passed incorporating the
members of the association into a single corporate body with perpetual
succession and corporate seal. It extended from marine insurance to other
insurance and guarantee business. Today, Lloyd's has become the world's best
known insurance brand. It is commonly misunderstood that Lloyd's is an
insurance company. Actually, it is a society of members, known as
underwriters', both corporate and individual, who underwrite in syndicates on
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whose behalf professional underwriters accept risk. Thus, supporting capital is
provided by investment institutions, specialist investors, international insurance
companies and individual.
History of India's Insurance Business:
In "Rigiveda" we find the term "Yogakshema Bahamayam" which is
more or less akin to the well being and security of people. This makes it clear
that the traces of sharing the future losses were available even in ancient India'.
This suggests that a form of "community insurance" was prevalent around
1000 BC and practiced by the Aryans.
Life insurance was first set up in India through a British company called
the Oriental Life Insurance company in 1818 followed by the Bombay
Assurance company in 1823, the Madras Equitable Life Insurance Society in
1829, the Bombay Mutual Life Assurance Society 1871 and the Oriental Life
Assurance Company in 1874. All of these companies operated in India but did
not insure the lives of Indians. They were insuring the lives of Europeans living
in India.
The first General Insurance Company viz., Triton Insurance Co. Ltd.,
was established in Calcutta in 1850 whose shares were held mainly by the
Britishers2. Insurance business was conducted in India without any specific
regulation for the insurance business. They were subject to Indian companies
Actl 866. After the start of the "Be Indian Buy Indian Movement" (called
Swadeshi Movement) in 1905, indigenous enterprises sprang up in many
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industries. Not surprisingly, the Movement also touched the insurance industry
leading to the formation of dozens of life insurance companies along with
provident fund companies (provident fund companies are pension funds). The
first indigenous general insurance company was the Indian Mercantile
Insurance company Limited set up in Bombay in 1907.
In 1912, two sets of legislation were passed: 1) The Indian Life
Assurance Companies Act and 2) The Provident Insurance Societies Act. The
features of the legislation:
(a) They were the first legislations in India that particularly targeted the
insurance sector.
(b) They left general insurance business out of it. The Government did not
feel the necessity to regulate general insurance.
(c) They restricted activities of the Indian insurers even though the model
used was the British Act of 1909.
The birth of the Insurance Act 1938:
In 1937, the Government of India set up a consultative committee.
Mr. Sushil C. Sen, a well known solicitor of Calcutta, was appointed the chair
of the committee. He consulted a wide range of interested parties including the
industry. It was debated in the Legislative Assembly. Finally, in 1938, the
Insurance Act was passed. This piece of legislation was the first comprehensive
one in India. It covered both life and general insurance companies. It clearly
defined what would come under the life insurance business, the fire insurance
business and so on. It covered deposits, supervision of insurance companies,
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investments, commissions of agents, directors appointed by the policyholders
among others. General insurance business is defined to mean fire, marine and
miscellaneous insurance business whether carried on singly or in combination
with one/more of them3. To implement the 1938 Act, an insurance department
was first set up in the Ministry of Commerce by the Government of India.
Later, it was transferred to the Ministry of Finance.
Nationalization of Insurance in India:
After India became independent in 1947, National Planning modeled
after the Soviet Union was implemented. The genesis of nationalization of life
insurance came from a document produced by Mr. H. D. Malaviya called
"Insurance business in India" on behalf of the Indian National congress. The
Finance Minster C. D. Deshmukh announced nationalization of the life
insurance business in 1956. Life insurance business was nationalized on 19th
January 19564. The Government brought together life insurers under one
nationalized monopoly corporation and Life Insurance Corporation of India
was born.
At that time there were 154 Indian life insurance companies. In addition
there were 16 non-Indian companies and 75 provident societies issuing life
insurance policies. Most of these companies were centered in the metropolitan
areas like Bombay, Calcutta, Delhi and Madras.
The reasons behind the nationalization of life insurance were (1) the
government wanted to channel more resources to national development
programmers. (2) it sought to increase insurance market penetration through
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nationalization. (3) the government found the number of failures of insurance
companies to be unacceptable The government argued that the failures were the
result of mismanagement and nationalization would help to better protect
policyholders.
General insurance was not nationalized in 1956 along with the life
insurance. The reason was addressed by the then Finance Minister
C.D.Deshmukh, in his budget speech of 1956.
"I would also like to explain briefly why we decided not to bring in
general insurance into the public sector. The consideration which influenced us
most is the basic fact that general insurance is a part and parcel of the private
sector of trade and industry and functions on a year to year basis. Errors and
omissions in the conduct of its business do not directly affect the individual
citizen. Life insurance business, by contrast, directly concerns the individual
citizen whose savings, so vitally needed for economic development, may be
affected by any acts of folly or misfeasance on the part of those in control or be
retarded by their lack of imaginative policy".
Nationalization of General Insurance Business:
Sixteen years later, in 1972, non-life insurance was finally nationalized
(with effect from 1st January 1973). At that time there were 107 general
insurance companies. They were mainly large city-oriented, operating at
different levels of sophistication. Upon nationalization, these businesses were
assigned to the four subsidiaries (roughly of equal size) of the General
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Insurance Corporation of India (GIC). The General Insurance Business
(Nationalization) Act 1972 provides that the Central Government shall form a
Government company in accordance with the provisions of the companies Act
1956, to be known as General Insurance Corporation of India for the purpose of
superintending, controlling and carrying on the business of general insurance.
The authorized capital of Z 75 crores of the Corporation, out of which
Z 5 crores is the subscribed capital wholly contributed by the Central
Government.5
The General Insurance Corporation was incorporated as a holding
company in November1972 and it commenced business on January 1, 1973. It
had four subsidiaries: (1) the National Insurance Company, (2) the New India
Assurance Company, (3) the Oriental Insurance Company, and (4) the United
India Insurance Company with head offices in Calcutta (now Kolkata),
Bombay (now Mumbai), New Delhi and Madras (now Chennai) respectively.
Collectively these subsidiaries are known as the NOUN for their initials. All
the five entities are government companies registered under the Indian
Companies Act, 1956.6
Here were several goals in setting up this structure: (1) The subsidiary
companies were expected to set up standards of conduct, sound practices and
provision of efficient customer service in general insurance business. (2) The
GIC was to help control the expenses of the subsidiaries. (3) It was to help with
the investment of funds for its four subsidiaries. (4) It was to bring general
insurance to the rural areas of the country, by distributing business to the four
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subsidiaries, each operating in different areas in India. (5) The GIC was also
designated the national reinsurer. By law, all domestic insurers were to cede
20% of the gross direct premium in India to the GIC under the section 101A of
the Insurance Act of 1938. The idea was to retain as much risk as possible
domestically. This was in turn motivated by the desire to minimize the
expenditure on foreign exchange. (6) All the four subsidiaries were supposed to
compete with one another.
Insurance Sector Reforms:
In 1993, Malhotra committee, headed by former Finance Secretary and
RBI Governor R.N.Malhotra, was formed to evaluate the Indian insurance
industry and recommended its future direction. The Malhotra Committee
Report strongly recommended that the General Insurance Corporation should
cease to be the holding company and concentrate on reinsurance business only.
The four subsidiaries should become independent companies. The report also
noted that the subsidiaries were overstaffed.7
In 1994, the committee submitted the report and suggested some of the
key recommendations.
(1) Structure
> Government's stake in the insurance companies to be brought down to
50%
> Government should take over the holdings of GIC and its subsidiaries so
that these subsidiaries can act as independent corporations
> All the insurance companies should be given greater freedom to operate.
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(2) Competition
> Private companies with a minimum paid up capital of Z 1 billion should
be allowed to enter the industry.
> No company should deal in both life and general insurance through a
single entity.
> Foreign companies may be allowed to enter the industry in collaboration
with the domestic companies.
> Postal Life Insurance should be allowed to operate in the rural market.
> One State Level Life Insurance Company should be allowed to operate
in each state.
(3) Regulatory body
> Insurance Act should be changed.
> An Insurance Regulatory body should be set up.
> Controller of Insurance (currently a part from the Finance Ministry)
should be made independent.
(4) Investments
> Mandatory Investments of LIC Life Fund in government securities to be
reduced from 75% to 50%.
> GIC and its subsidiaries are not to hold more than 5% in any company
(Their current holdings to be brought down to this level over a period of
time).
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(5) Customer service
> LIC should pay interest on delays in payments beyond 30 days.
> Insurance companies must be encouraged to set up unit linked pension
plans.
> Computerization of operations and updating of technology to be carried
out in the insurance industry.
After the report of the Malhotra Committee, changes in the insurance
industry appeared imminent. Unfortunately, instability of the Central
Government in power slowed down the process. The dramatic climax came in
1999. On March 16, 1999, the Indian Cabinet approved an Insurance
Regulatory Authority (IRA) Bill designed to liberalize the insurance sector.
The government fell in April 1999 just on the eve of the passage of the Bill.
The deregulation was put on hold once again. On December 7, 1999, the new
government passed the Insurance Regulatory and Development Authority Act.
This act repealed the monopoly conferred to the Life Insurance Corporation in
1956 and to the General Insurance Corporation in 1972. The authority created
by the Act is now called the Insurance Regulatory and Development Authority.
New licenses are being given to private companies. The Insurance
Regulatory and Development authority has separated out life, non-life and
reinsurance insurance businesses. Therefore, a company has to have separate
licenses for each line of business.
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The Insurance Regulatory and Development Act 1999 was set up. "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 the
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 (Nationalization) Act, 1972."
With the General Insurance Business (Nationalization) Amendment Act
2002 coming into effect from March 21.2002, GIC of India ceased to be a
holding company of its subsidiaries, their ownership was vested with the
Government of India. The GIC was doing only reinsurance business in India.
The effect of the US economic meltdown was not felt in the Banking and
Insurance Sectors in India because majority of them were with the governments
The following table shows the number of life and non-life insurance
companies in India.
TABLE 2.1
Number of Insurance Companies in India
Type of Life General Re-
others Total
insurance insurance insurance insurance
Public Sector
1 4 1 2 8
Companies
Private sector
23 18 - - 41
Companies
Total 24 22 1 2 49
Source: Website.
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Life Insurance Companies in India9
1.Life Insurance Corporation of India 13 .Reliance Life Insurance Company
(Public Sector) Limited - Formerly known as
AMP Sanmar LIC
2. MetLife India Life Insurance 14. ING Vysya Life Insurance
3. ICICI Prudential 15. Shriram Life Insurance
4. Bajaj Allianz Life Insurance 16. Bharti AXA Life Insurance Co Ltd
5. Max New York Life Insurance 17.Future General Life Insurance Co
Ltd
6. Sahara Life Insurance 18. IDBI Fortis Life Insurance
7. TATA AIG Life Insurance 19.AEGON Religare Life Insurance
8. HDFC Standard Life 20. DLF Pramerica Life Insurance
9. Birla Sunlife 21. CANARA HSBC Oriental Bank of
Commerce LIFE INSURANCE
10.SBI Life Insurance Company 22. Star Union Dai-ichi Life Insurance
Limited Co. Ltd.
11.Kotak Life Insurance 23. India First Life Insurance Company
12.Aviva Life Insurance 24. Edelweiss Tokio Life Insurance Co.Ltd
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General Insurance Companies in India:
1)New India Assurance Co Ltd 11) Tata AIG General
(Public Sector)
2) United India Insurance Co Ltd 12) Cholamandalam MS
(Public Sector)
3) Oriental Insurance Co Ltd (Public 13) Shriram General Insurance
Sector)
4) National Insurance Co Ltd (Public 14) Future Generali
Sector)
5) ICICI Lombard 15) Bharti AXA
6) Bajaj Allianz 16) Universal Sompo
7) Reliance General Insurance 17) Raheja QBE General
8) IFFCO Tokio 18) SBI General Insurance
9) HDFC ERGO 19) L & T General Insurance
10) Royal Sundaram
Standalone Health Insurance Companies:
20) Star Health Insurance
21) Apollo Munich Health Insurance
22) Max Bupa Health Insurance
Export Credit Guarantee Insurance:
23) Export Credit Insurance (Public Sector)
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Agriculture Insurance Company:
24) Agriculture Insurance (AIC) (Public Sector)
Re-Insurance:
GIC-Re (Re-Insurer) (Public Sector)
REGULATORY AUTHORITIES:
1. The Insurance Regulatory and Development Authority (IRDA)
Reforms were initiated with the passage of Insurance Regulatory and
Development Authority (IRDA) Bill in 1999. IRDA was set up as an
independent regulatory authority, which has put in place regulations in line
with global norms. IRDA has been framing regulations and registering the
private sector insurance companies. It launched of the IRDA online service for
issue and renewal of licenses to agents. Anyone income of the Insurance
Regulatory and Development Authority established under the relevant Act
1999 is fully exempt from the A. Y.2001-200210 .
Powers, Duties and Functions of IRDA
The IRDA Act, 1999 lays down the duties, powers and functions of
IRDA. The Authority shall have the duty to regulate, promote and ensure
orderly growth of the insurance business and re-insurance business. The
powers and functions of the Authority shall include,
Issue to the applicant a certificate of registration, renew, modify,
withdraw, suspend or cancel such registration
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> Protection of the interests of the policy holders in matters concerning
assigning of policy, nomination by policy holders, insurable interest,
settlement of insurance claim, surrender value of policy and other terms
and conditions of contracts of insurance
> Specifying requisite qualifications, code of conduct and practical
training for intermediary of insurance intermediaries and agents
> Specifying the code of conduct for surveyors and loss assessors
> Promoting efficiency in the conduct of insurance business
> Promoting and regulating professional organizations connected with the
insurance and re-insurance business
> Levying fees and other charges
> Calling for information from, undertaking inspection of, conducting
enquiries and investigations including, audit of the insurers,
intermediaries, insurance intermediaries and other organizations
connected with the insurance business
> Control and regulation of the rates, advantages, terms and conditions
that mar be regulated by the Tariff Advisory Committee
> Specifying the form and manner in which books of account shall be
maintained and settlement of accounts shall be rendered by insurers and
other insurance intermediaries
> Regulating investment of funds by insurance companies
> Regulating maintenance of margin of solvency
> Adjudication of disputes between insurers and intermediaries or
insurance intermediaries
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Supervising the tunctionmg of the Tariff Advisory Committee
Specifying the percentage of premium income of the insurer to finance
schemes for promoting and regulating professional organizations
engaged in insurance and reinsurance business
Specifying the percentage of the life insurance and general insurance
business to be undertaken by the insurer in the rural or social sector, and
Exercising such other powers as may be prescribed
2. Tariff Advisory Committee"
The Tariff Advisory committee is a body corporate, which controls and
regulates the rates, advantages, terms and conditions offered by insurers in the
general insurance business. The Advisory committee has the authority to
require any insurer to supply such information or statements necessary for
discharge of its functions. Any insurer failing to comply with such provisions
shall be deemed to have contravened the provisions of the Insurance Act. Every
insurer is required to make an annual payment of fees to the Advisory
Committee of an amount not exceeding in case of reinsurance business in
India, one percent of the total premiums in respect of facultative insurance
accepted by him in India, and in case of any other insurance business, one
percent of the total gross premium written direct by him in India.
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3. Insurance Association of India, Councils and Committees
All insurers and provident societies incorporated or domiciled in India
are members of the Insurance Association of India and all insurers and
provident societies incorporated or domiciled elsewhere than in India are
associate members of the Insurance Association. There are two councils of the
Insurance Association, namely the Life Insurance Council and the General
Insurance Council. The Life Insurance Council, through its Executive
Committee, conducts examinations for individuals wishing to qualify
themselves as insurance agents. It also fixes the limits for actual expenses by
which the insurer carrying of life insurance business or any group of insurers
can exceed from the prescribed limits under the Insurance Act. Similarly, the
General Insurance Council, through its Executive Committee, may fix the
limits by which the actual expenses of management incurred by an insurer
carrying on general insurance business may exceed the limits as prescribed in
the Insurance Act.
4. Ombudsman12
The Ombudsman are appointed in accordance with the Redressal of
Public Grievances Rules, 1998, to resolve all complaints relating to settlement
of claims on the part of insurance companies in a cost-effective, efficient and
effective manner. Any person who has a grievance against an insurer may
make a complaint to an Ombudsman within his jurisdiction, in the manner
specified.
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The Ombudsman act as a counselor and mediator and make
recommendations to both parties in the event, that the complaint is settled by
agreement between both the parties. However, if the complaint is not settled by
agreement, the Ombudsman may pass an award of compensation within three
months of the complaint, which shall not be in excess of which is necessary to
cover the loss suffered by the complainant as a direct consequence of the
insured peril, or for an amount not exceeding rupees two million, whichever is
lower.
Territorial Jurisdiction of Ombudsman13
The governing body has pointed twelve Ombudsman across the country
allotting them different geographical areas as their areas of jurisdiction. The
Ombudsman may hold sitting at various places within their area of jurisdiction
in order to expedite disposal of complaints. The offices of the twelve insurance
Ombudsmen are located at (1) Bhopal, (2) Bhubaneswar, (3) Cochin,
(4) Guwahati, (5) Chandigarh, (6) New Delhi, (7) Chennai, (8) Kolkata,
(9) Ahmedabad, (10) Lucknow, (11) Mumbai, and (12) Hyderabad.
Legislative and regulatory matters:
The Insurance Act, 1938 was brought into force from 1st July, 1938 as
"an Act to consider and amend the law relating to the business of insurance" It
applies to both life and general insurance business.
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The Act has been amended a number of times notably by the passing of
the Insurance Regulatory and Development Authority Act, 1999. The various
laws which have a direct or indirect bearing a practice of insurance are:
1.Marine Insurance Act, 1963. 14. The Workmen's Compensation
2. The Carriage of Goods by Sea Act, 1925. Act, 1923.
15. Employee's State Insurance Act,
3. The Merchant Shipping Act, 1958
1948.
4. The Bill of Lading Act, 1855.
16. Sale of Goods Act, 1930.
5. The Indian Ports (Major Ports) Act, 1963.
17. The Indian Stamp Act, 1899.
6. The Carriers Act, 1965.
18. Exchange Control Regulations
7. Indian Railways Act, 1989.
19. Consumer Protection Act, 1986.
8. The Indian Post Office Act, 1898.
9. The Carriage By Air Act, 1972.
10.Multi-Modal Transportation Act, 1993.
11.The Motor Vehicles Act, 1988.
12.The Inland Stem-Vessels (Amendment) Act, 1977.
13. Public Liability Insurance Act, 1991.
Investments: it
1. Life Insurance Business:
Every insurer is required to invest and keep investe certain amount as
determined under the Insurance Act. The funds of the polic, "iolders cannot be
invested (directly or indirectly) outside India. An insurer 'Ilvolved in the
business of life insurance is required to invest and keep inve, al at all times,
assets, the value of which is not less than the sum of the amount of its liabilities
74
to holders of life insurance policies in India on account of matured claims and
the amount required to meet the liability on policies of life insurance maturing
for payments in India. The following table shows the Investment regulations of
life insurance business in India.
TABLE 2.2
Investment Regulations of Life Insurance Business
Type of Investment Percentage
Government Securities At least 25%
Government Securities or other approved securities Not less than
including the aforesaid 50%
Approved investments
(a) Infrastructure and social sector Not less than
(b) Others to be governed by exposure/prudential income 15%
20 %
Other than in approved investments to be governed by
15%
exposure/prudential norms
Source: Gazette of India Extraordinary Part III Section 4. IRDA (Investment) Regulations, 2000
2. General Insurance Business:
An insurer carrying on general insurance business is required to invest
and keep at all times his total assets in approved securities in the following
manner. The investment should be made not less than 20% on Central
government securities and 30% on State government securities. On Housing
and loans to Statement government not less than 5%, on investment in
approved investments not less than 40% and not less than 25% on other than in
approved investments.
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TABLE 2.3
Investment Regulations of Non- life Insurance Business
Type of investments Percentage
Central government securities Not less than 20%
State government securities and other
guaranteed securities including the Not less than 30%
aforesaid
Housing and loans to state government for
Not less than 5%
housing and firefighting equipment
Investments in approved investments
(a) Infrastructure and social sector Not less than 10%
(b)Others to be governed exposure / Not exceeding 30%
prudential norms
Other than in approved investments to be
Not exceeding25%
governed by exposure/prudential norms
Source: Gazette of India Extraordinary Part III Section 4. IRDA (Investment) Regulations, 2000.
Important events in the History of Indian Insurance Industry:
1912 - First piece of insurance regulation promulgated Indian Life
Insurance Company Act, 1912
1928 - Promulgation of the Indian Insurance Companies Act
1938 - Insurance Act 1938 introduced, the first comprehensive
legislation to regulate insurance business in India
1956 - Nationalization of life insurance business in India
76
1972 - Nationalization of general insurance business in India
1993 - Setting-up of the Malhotra committee
1994 - Recommendations of Malhotra Committee released
1995 - Setting-up of Mukherjee committee
1996 - Setting-up of an (interim) Insurance Regulatory Authority (IRA)
1997 - Mukherjee committee Report submitted but not made public
1997 - The government gives greater autonomy to LIC, GIC and its
subsidiaries with regard to the restructuring of boards and
flexibility in investment norms aimed at channeling funds to the
infrastructure sector
1998 - The cabinet decides to allow 40% foreign equity in private sector
companies - 26% to foreign companies and 14% to non-resident
Indians, overseas corporate Bodies and foreign institutional
investors
1999 - The standing committee headed by Murali Deora decides that
foreign equity in private insurance should be limited to 26%. The
IRA Act was renamed the Insurance Regulatory and
Development Authority (IRDA) Act
1999 - Cabinet clears IRDA Act
2000 - President gives assent to the IRDA Act
2002 - Delinking of four Public Sector General Insurance companies
from the holding Company General Insurance Corporation of
India.
2007 - Detariffication
77
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78