Unit- three
Authority to settle disputes
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- Bu səhifədəki naviqasiya:
- Procedures and powers of Authority
- INDIAN INSURANCE INDUSTRY: Insurers Insurance industry, as on 1.4.2000, comprised mainly two players: the state insurers: Life Insurers
- Composition of Authority under IRDA Act, 1999
- Duties, Powers and Functions of IRDA
- Appointment of Insurance Ombudsman
- Eligibility Ombudsman are drawn from Insurance Industry, Civil Services and Judicial Services. Terms of office
- Territorial jurisdiction of Ombudsman
- Manner of lodging complaint
- Recommendations of the Ombudsman
- Broadcasting regulations: BROADCAST ENGINEERING CONSULTANT INDIA LTD.
- A DRAFT OF THE PROPOSED BROADCASTING SERVICES REGULATION BILL , 2006 A BILL
Authority to settle disputes 14. (1) If a dispute arises, in respect of matters referred to in sub-section (2), among service providers or between service providers and a group of consumers, such disputes shall be adjudicated by a bench constituted by the Chairperson and such bench shall consist of two members; Provided that if the members of the bench differ on any point or points they shall state the point or points on which they differ and refer the same to a third member for hearing on such point or points and such point or points shall be decided according to the opinion of that member. (2) The bench constituted under sub-section (1) shall exercise, on and from the appointed day all such jurisdiction , powers and authority as were exerciseable immediately before that date by any civil court on any matter relating to-
Provided that nothing in sub-section shall apply in respect of matters relating to-
Filing of application to Authority and procedure for passing order by it. 15. (1) An aggrieved person may make an application in respect of matters referred to in sub-section (2) of section 14 within such period as may be prescribed. Filing of application to Authority and procedure for passing order by it. Explanation – For the purpose of this sub-section, the expression "aggrieved person" means-
(2) On receipt of an application made under sub-section (1), the Authority may, after giving the parties an opportunity of being heard, pass such orders as it thinks fit preferably within a period of six months from the date of filing of such application and shall record reasons in writing if final order cannot be passed within the said period. (3) While arriving at a decision, the Authority shall record in writing the reasons for such decision. (4) Every decision of the Authority shall be published in the annual report of the Authority (5) The orders and directions of the Authority shall be binding on the service providers, Government and all other persons concerned. Procedures and powers of Authority 16. (1) The Authority shall be guided by the principles of natural justice. (2) The Authority shall have, for the purpose of discharging their functions under this Chapter , the same powers as are vested in a civil court under the Code of civil Procedure, 1908 in respect of the following matters, namely
(3) Every proceeding before the Authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code and the Authority shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure 1973. Appeal to High Court18. Any person aggrieved by any decision or order of the Authority may file an appeal to the High Court within thirty days from the date of communication of the decision or order of the Authority to him; Provided that the High Court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days Orders passed by Authority or High Court to be executable as a decree. 19. Every order made by the Authority under this Act or the order made by the High Court in any appeal against any order of the Authority shall, on a certificate issued by any officer of the Authority or the Registrar of the High Court , as the case may be, be deemed to be decree of the civil court and shall be executable in the same manner as a decree of that court. INDIAN INSURANCE INDUSTRY: Insurers Insurance industry, as on 1.4.2000, comprised mainly two players: the state insurers: Life Insurers:
General Insurers:
GIC had four subsidary companies, namely ( with effect from Dec'2000, these subsidaries have been de-linked from the parent company and made as independent insurance companies.
INSURANCE BUSINEES: Insurance business is divided into four classes : 1) Life Insurance 2) Fire Insurance 3) Marine Insurance and 4) Miscellaneous Insurance. Life Insurers transact life insurance business; General Insurers transact the rest. No composites are permitted as per law.
Insurance is a federal subject in India. The primary legislation that deals with insurance business in India is: Insurance Act, 1938, and Insurance Regulatory & Development Authority Act, 1999.
Popular Products: Endowment Assurance (Participating), and Money Back (Participating). More than 80% of the life insurance business is from these products. General Insurance: Fire and Miscellaneous insurance businesses are predominant. Motor Vehicle insurance is compulsory. Tariff Advisory Committee (TAC) lays down tariff rates for some of the general insurance products (please visit website of GIC for details )
As per the section 4 of IRDA Act' 1999, Insurance Regulatory and Development Authority (IRDA, which was constituted by an act of parliament) specify the composition of Authority The Authority is a ten member team consisting of (a) a Chairman; (b) five whole-time members; (c) four part-time members, (all appointed by the Government of India)
Section 14 of IRDA Act, 1999 lays down the duties, powers and functions of IRDA..(1) Subject to the provisions of this Act and any other law for the time being in force, the Authority shall have the duty to regulate, promote and ensure orderly growth of the insurance business and re-insurance business. (2) Without prejudice to the generality of the provisions contained in sub-section (1), the powers and functions of the Authority shall include, - (a) issue to the applicant a certificate of registration, renew, modify, withdraw, suspend or cancel such registration; (b) 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; (c) specifying requisite qualifications, code of conduct and practical training for intermediary or insurance intermediaries and agents; (d) specifying the code of conduct for surveyors and loss assessors; (e) promoting efficiency in the conduct of insurance business; (f) promoting and regulating professional organisations connected with the insurance and re-insurance business; (g) levying fees and other charges for carrying out the purposes of this Act; (h) calling for information from, undertaking inspection of, conducting enquiries and investigations including audit of the insurers, intermediaries, insurance intermediaries and other organisations connected with the insurance business; (i) control and regulation of the rates, advantages, terms and conditions that may be offered by insurers in respect of general insurance business not so controlled and regulated by the Tariff Advisory Committee under section 64U of the Insurance Act, 1938 (4 of 1938); (j) specifying the form and manner in which books of account shall be maintained and statement of accounts shall be rendered by insurers and other insurance intermediaries; (k) regulating investment of funds by insurance companies; (l) regulating maintenance of margin of solvency; (m) adjudication of disputes between insurers and intermediaries or insurance intermediaries; (n) supervising the functioning of the Tariff Advisory Committee; (o) specifying the percentage of premium income of the insurer to finance schemes for promoting and regulating professional organisations referred to in clause (f); (p) specifying the percentage of life insurance business and general insurance business to be undertaken by the insurer in the rural or social sector; and (q) exercising such other powers as may be prescribed Insurance Ombudsman: The institution of Insurance Ombudsman was created by a Government of India Notification dated 11th November, 1998 with the purpose of quick disposal of the grievances of the insured customers and to mitigate their problems involved in redressal of those grievances. This institution is of great importance and relevance for the protection of interests of policy holders and also in building their confidence in the system. The institution has helped to generate and sustain the faith and confidence amongst the consumers and insurers. Appointment of Insurance Ombudsman The governing body of insurance council issues orders of appointment of the insurance Ombudsman on the recommendations of the committee comprising of Chairman, IRDA, Chairman, LIC, Chairman, GIC and a representative of the Central Government. Insurance council comprises of members of the Life Insurance council and general insurance council formed under Section 40 C of the Insurance Act, 1938. The governing body of insurance council consists of representatives of insurance companies. Eligibility Ombudsman are drawn from Insurance Industry, Civil Services and Judicial Services. Terms of office An insurance Ombudsman is appointed for a term of three years or till the incumbent attains the age of sixty five years, whichever is earlier. Re-appointment is not permitted.. Territorial jurisdiction of Ombudsman The governing body has appointed 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 Ombudsmans 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, (12) Hyderabad. The areas of jurisdiction of each Ombudsman has been mentioned in the list of Ombudsman. Office Management The Ombudsman has a secretarial staff provided to him by the insurance council to assist him in discharging his duties. The total expenses on Ombudsman and his staff are incurred by the insurance companies who are members of the insurance council in such proportion as may be decided by the governing body. Removal from office An Ombudsman may be removed from service for gross misconduct committed by him during his term of office. The governing body may appoint such person as it thinks fit to conduct enquiry in relation to misconduct of the Ombudsman. All enquiries on misconduct will be sent to Insurance Regulatory and Development Authority which may take a decision as to the proposed action to be taken against the Ombudsman. On recommendations of the IRDA, the Governing Body may terminate his services, in case he is found guilty. Power of Ombudsman Insurance Ombudsman has two types of functions to perform (1) conciliation, (2) Award making. The insurance Ombudsman is empowered to receive and consider complaints in respect of personal lines of insurance from any person who has any grievance against an insurer. The complaint may relate to any grievance against the insurer i.e. (a) any partial or total repudiation of claims by the insurance companies, (b) dispute with regard to premium paid or payable in terms of the policy, (c) dispute on the legal construction of the policy wordings in case such dispute relates to claims; (d) delay in settlement of claims and (e) non-issuance of any insurance document to customers after receipt of premium. Ombudsman's powers are restricted to insurance contracts of value not exceeding Rs. 20 lakhs. The insurance companies are required to honour the awards passed by an Insurance Ombudsman within three months.
The complaint by an aggrieved person has to be in writing, and addressed to the insurance Ombudsman of the jurisdiction under which the office of the insurer falls. The complaint can also be lodged through the legal heirs of the insured. Before lodging a complaint: i) the complainant should have made a representation to the insurer named in the complaint and the insurer either should have rejected the complaint or the complainant have not received any reply within a period of one month after the concerned insurer has received his complaint or he is not satisfied with the reply of the insurer.
When a complaint is settled through the mediation of the Ombudsman, he shall make the recommendations which he thinks fair in the circumstances of the case. Such a recommendation shall be made not later than one month and copies of the same sent to complainant and the insurance company concerned. If the complainant accepts recommendations, he will send a communication in writing within 15 days of the date of receipt accepting the settlement. Award The ombudsman shall pass an award within a period of three months from the receipt of the complaint. The awards are binding upon the insurance companies. If the policy holder is not satisfied with the award of the Ombudsman he can approach other venues like Consumer Forums and Courts of law for redressal of his grievances. As per the policy-holder's protection regulations, every insurer shall inform the policy holder along with the policy document in respect of the insurance Ombudsman in whose jurisdiction his office falls for the purpose of grievances redressal arising if any subsequently. Steady increase in number of complaints received by various Ombudsman shows that the policy-holders are reposing their confidence in the institution of Insurance Ombudsman. Broadcasting regulations:
Broadcast Engineering Consultants India Ltd. (BECIL), a profit making undertaking of the Government of India having been established in March 1995, is the premier consultancy agency and turnkey solution provider in the field of Broadcast Engineering and Information Technology. It has already made a niche for itself by being the first in a variety of projects. It is a professional platform providing customised solutions from concept to completion in all the fields of broadcasting such as establishment of FM radio stations, TV channels, terrestrial TV and radio transmitters, satellite earth stations and sound reinforcement systems, among others. Besides pioneering various projects in the field of Broadcast Engineering in the domestic arena, it has spread its wings in overseas countries like Mauritius, Bhutan, Kuwait, Nepal and Afghanistan. Its clients list includes government, semi-government and leading private broadcast organizations both within the country and abroad. In India, as the Broadcasting bill has not passed by the parliament, we will now see the important provisions from the Draft of the proposed broadcasting services regulations bill:
To promote facilitate and develop in an orderly manner the carriage and content of Broadcasting, To provide for regulation of broadcasting services in India for offering a variety of entertainment, news, views and information in a fair, objective and competitive manner and to provide for regulation of content for public viewing and matters connected therewith or incidental thereto. To provide for the establishment of an independent authority to be known as the Broadcast Regulatory Authority of India for the purpose of regulating and facilitating development of broadcasting services in India Whereas airwaves are public property and it is felt necessary to regulate the use of such airwaves in national and public interest, particularly with a view to ensuring proper dissemination of content and in the widest possible manner; Whereas Government has issued guidelines from time to time, with the approval of the Union Cabinet, for regulating the Broadcasting Services and it is felt necessary to give a statutory effect to these guidelines with retrospective effect; BE it enacted by Parliament in the Fifty –Eighth Year of the Republic of India as follows:
1. Short title, extent and commencement: (1) This Act may be called the Broadcasting Services Regulation Act, 2006. (2) It extends to the whole of India . (3) It shall come into force with immediate effect. 2. Definitions: In this Act, unless the context otherwise requires: - (a) “Authority” means the Broadcasting Regulatory Authority of India established under section 12; (b) “Authorized Officer” means, within his local limits of jurisdiction: i) A District Magistrate, or ii) A Sub-divisional Magistrate, or iii) A Commissioner of Police, And includes any other officer notified by the Central Government or State Government or the Authority, to be an authorized office for such local limits of jurisdiction as may be determined by that Government or Authority. (c) “Broadcaster” means any person who provides a content broadcasting service and includes a broadcasting network service provider when he manages and operates his own television or radio channel service. (d) “Broadcasting” means assembling and programming any form of communication content like signs, signals, writing, pictures, images and sounds, and either placing it in electronic form on electro-magnetic waves on specified frequencies and transmitting it through space or cables to make it continuously available on the carrier waves, or continuously streaming it in digital data form on the computer networks, so as to be accessible to single or multiple users through receiving devices either directly or indirectly; and all its grammatical variations and cognate expressions; (e) “Broadcasting Service” means assembling, programming and placing communication content in electronic form on the electro-magnetic waves on specified frequencies and transmitting it continuously through broadcasting network or networks so as to enable all or any of the multiple users to access it by connecting their receiver devices to their respective broadcasting networks, and includes all the content broadcasting services and the broadcasting network services; (f) “Broadcasting Network Service” means a service, which provides a network of infrastructure of cables or transmitting devices for carrying broadcasting content in electronic form on specified frequencies by means of guided or unguided electromagnetic waves to multiple users, and includes the management and operation of any of the following: i. Teleport / Hub / Earth Station ii. Direct-to-Home (DTH) Broadcasting Network iii. Multi-System Cable Television Network. iv. Local Cable Television Network v. Satellite Radio Broadcasting Network vi. Such other Network Service as may be prescribed by the Central Government (g) “Cable Operator” means any person who manages and operates, or is otherwise responsible for, a multi-system or a local cable television network (h) “Cable television channel service” means the assembly, programming and transmission by cables of any broadcast television content on a given set of frequencies to multiple subscribers. (i) “Cable Television Network” means any system consisting of closed transmission paths and associated signal generation, control and distribution equipment, designed to receive and re-transmit television channels or programs for reception by multiple subscribers; (j) “Carrier” means the electro-magnetic waves that can travel on air or cable and are capable of carrying communication content in electronic form on specified frequencies (k) “Chairperson’ means the Chairperson of the Authority appointed under section 13; (l) “Channel” means a set of frequencies used for transmission of a programme; (m) “Competent Authority” means the Authority designated by the Government for the purpose of this Act; (n) “Community radio service” means terrestrial radio broadcasting intended and restricted only to a specific community & within specified territory; (o) “Content” means any sound, text, data, picture (still or moving), other audio-visual representation, signal or intelligence of any nature or any combination thereof which is capable of being created, processed, stored, retrieved or communicated electronically; (p) “Content Broadcasting service” means the assembling, programming and placing content in electronic form and transmitting or re-transmitting the same on electro-magnetic waves on specified frequencies, on a broadcasting network so as to make it available for access by multiple users by connecting their receiving devices to the network, and includes the management and operation of any of the following: i. Terrestrial television service; ii. Terrestrial radio service; iii. Satellite television service; iv. Satellite radio service; v. Cable television channel service; vi. Community radio service; vii. Such other content broadcasting services as may be prescribed by the Central Government. (q) “Decoder” means an equipment for decoding an encrypted channel to facilitate its intelligible reception; (r) “Direct-To-Home Broadcasting Service” means a service for multi channel distribution of programmes direct to subscriber’s premises without the help of a local delivery system by uplinking to a satellite system specified for the purpose by the Competent Authority; (s)“Downlinking” with reference to satellite broadcast or DTH Broadcasting service means reception of programmes transmitted from a satellite to an earth station or a receiving device; (t)“Encrypted” means treated electronically or otherwise for the purpose of preventing intelligible reception by unauthorized persons; (u)“Frequency” means frequency of electro-magnetic waves used for transmission of broadcasting service; (v)“Foreign satellite broadcasting service’ means a broadcasting service provided by using a satellite, up linked from a foreign country and receivable in India ; (w)“Free-to-air broadcasting service” means a non encrypted broadcasting service made available for reception by receiving apparatus commonly available to the public without requiring payment of a subscription fee; (x) "License” means a license issued for any of the broadcasting services by the relevant Licensing Authority prescribed by the Central Government under this Act; (y)“Licensing Authority” means an officer of the Central Government or the Authority, so notified by the Central Government in respect of any of the broadcasting services and for such limits of jurisdiction as may be determined by the Government. (z)“Licensed service” means a broadcasting service licensed by the Central Government or the Authority, as the case may be, under this Act (aa)“Local cable operator” means any person who manages and operates or is responsible for the management and operation of a cable television network to provide a cable television service to multiple subscribers in a particular area (bb)“Local Delivery service” means a service for multi-channel downlinking and distribution of television programmes by a land based transmission system using wired cable or wireless cable or a combination of both for simultaneous reception either by multiple subscribers directly or through one or more local cable operators (cc)"Member” means a Whole-time Member or a Part-time Member, as the case may be, of the Authority referred to in section 13 and includes the Chairperson; (dd)“Multi-System Cable Television Network” means a system for multi-channel downlinking and distribution of television programmes by a land based transmission system using wired cable or wireless cable or a combination of both for simultaneous reception either by multiple subscribers directly or through one or more local cable operators (ee)“Multi System Operator ( MSO ” means any person who manages and operates a multi-system cable television network to provide a cable television service to multiple subscribers, which may or may not include other value added services including telecommunications and Internet. (ff)“Network operator” means any person who provides a broadcasting network service. (gg) “News and Current Affairs Channel” means a channel that broadcasts programs containing reports and comments on recent events, ideas, individuals and institutions dealing with political, social, economic and such other subjects as are of general interest to the public at large, but does not include a channel that exclusively broadcasts scientific, cultural, educational or entertainment programs including news relating thereto. (hh)"Notification” means a notification published in the official Gazette or posted on the official web site of the Ministry of Information & Broadcasting or of the Authority, as the case may be, and the expression “notified” to be construed accordingly; (ii)“Prescribed” means prescribed by rules notified under this Act; (jj)“Private communication” means: (a) A communication between two or more persons that is of a private or domestic nature; (b) An internal communication of a business, government agency or other of a business, government agency or other organization for the purpose of the operation of the business, agency or organization; and (c) Communication in such other circumstances as may be prescribed. (kk) “ Program” in relation to broadcasting service, means: (i) Any matter the purpose of which is related to entertain, educate or inform public or (ii) Any advertising or sponsorship matter, whether or not of a commercial kind; But does not include any matter that is wholly related to or connected with any private communication. (ll) “Public service broadcaster” means any entity whose primary objective is to provide broadcasting content to the public that is socially and culturally relevant and in public interest and welfare; (mm) “Registered channel” means a broadcasting channel registered under this Act (nn) “Regulations” means regulations made by the Authority under this Act; (oo) "Satellite television service” means a television broadcasting service provided by using a satellite, and received with or without the help of a local delivery system but does not include Direct-to-Home delivery service; Explanation: Decision of the Authority whether a particular service falls in the category of a satellite broadcasting service or a Direct-to-Home delivery service shall be final. (pp) “Satellite radio service” means a radio broadcasting service provided by using a satellite and directly receivable through receiver sets by multiple subscribers in India ; (qq) “Secretary” means the Secretary appointed under sub-section (1) of Section 20; (rr) “Service provider” means provider of a broadcasting service; (ss) “Subscriber” of a service means a person who receives the service at a place indicated by him without further transmitting it to any other person; (tt) “Subscription fee” means any form of consideration given by subscriber; (uu) “Terrestrial television service” means a television broadcasting service provided over the air by using a land based transmitter and directly received through receiver sets by the public but does not include a local delivery service; Explanation: Decision of the Authority whether a particular service falls in the category of a terrestrial television service or a local delivery service shall be final; (vv) “Terrestrial radio service” means a radio broadcasting service for provided over the air by using a land-based transmitter and directly received through receiver sets by the public; (ww) “Whole-time Member” means a Whole-time Member of the Authority appointed under section 13; (xx) “Wireless cable” means a land based wireless transmission system used for multi-point multi-channel distribution of programmes on frequencies designated for the purpose by the Competent Authority; (yy) “Uplinking” with reference to satellite broadcast or Direct-to-Home service means uplinking of programme transmission from an earth station or a transmitting device to the satellite; (zz) “Year” means the financial year.
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