Sri Lanka Consolidated Acts

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Control Of Insurance Act (No. 25 of 1962) - Sect 42

Powers of Controller regarding returns

42.
(1) If it appears to the Controller that any return furnished to him under the provisions of this Act is inaccurate or defective in any respect, he may-
(a) require from the insurer such further information, certified if he so directs by such auditor or actuary as he may consider necessary to correct or supplement such return; or
(b) call upon the insurer to submit for his examination at the registered office or the principal place of business of the insurer in Ceylon, any book of account, register, or other documents or to supply any statement which he may specify in a notice served on the insurer for the purpose; or
(c) examine any officer of the insurer on oath or affirmation in relation to the return; or
(d) decline to accept such return unless such further information as may be required by him is furnished before the expiry of one month from the date on which the requisition asking for such further information was delivered to the insurer or of such further time as the Controller may specify in the requisition; and if the Controller declines to accept any such return, the insurer shall be deemed to have failed, to comply with the provisions of section 38 relating to the furnishing of returns.
(2) The District Court may, on the application of an insurer and after hearing the Controller, direct the acceptance of any return which the Controller has declined to accept, if the insurer satisfies the Court that the action of the Controller was in the circumstances unreasonable:
(3) The decision of the District Court in any application under this section shall be final and shall not be subject to any appeal.


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