CS Professional · Banking and Insurance - Laws and Practice
Life Insurance: formula sheet
Key formulas
- Establishment rule
- LIC is established from the date the Central Government appoints by notification in the Official Gazette
- Section 3(1). The date is fixed by notification, not by the Act itself.
- Name of the body
- Life Insurance Corporation of India
- Section 3(1) says the Corporation is 'called' this.
- Incorporation features
- Body corporate + perpetual succession + common seal
- Section 3(2). Learn all three together.
- Powers of the Corporation
- Acquire, hold and dispose of property; sue and be sued by its name
- Section 3(2). These powers are subject to the provisions of the Act.
- Section 30, LIC Act, 1956
- Exclusive privilege of life insurance business in India vests in the Corporation from the appointed day
- Subject to what the Act expressly provides otherwise. Existing registrations under the Insurance Act cease to authorise life insurance business.
- Appointed day
- Appointed day = date on which the Corporation is established under section 3
- This is the definition in section 2(1) of the LIC Act.
- Section 30A, LIC Act, 1956
- Exclusive privilege ceases on and from commencement of the IRDA Act, 1999
- Inserted by Act 41 of 1999, w.e.f. 19-4-2000. The Corporation then carries on life insurance business under the Insurance Act, 1938.
- 2025 amendment to Section 30A
- Insurance Act, 1938 applies to the Corporation by virtue of section 43 of the LIC Act
- Words inserted by Act 40 of 2025, w.e.f. 5-2-2026.
- Core power
- LIC may reduce the amounts of insurance under life contracts of a transferor insurer
- The text speaks of reducing amounts of insurance. Do not describe it as a power to increase or cancel.
- Cut-off date for contracts
- Contract entered into before 19 January 1956
- Contracts made on or after this date are outside Section 14.
- Factor to consider
- Financial condition of the insurer on the appointed day
- The insurer is one whose controlled business was transferred to and vested in LIC.
- Proviso (safeguard)
- Reduction only by a scheme prepared by LIC and approved by the Central Government
- No approved scheme means no valid reduction.
- Manner and conditions
- Such manner and subject to such conditions as the Corporation thinks fit
- Discretion is wide but works within the approved scheme.
- Scope of Section 28A
- Profits from any business other than life insurance business, for a financial year
- Applies only when profits accrue in that financial year. Life insurance surplus falls under Section 28.
- Order of application
- Profits → provision for reserves and other necessary or expedient matters → balance allocated to or reserved for members
- Provision for reserves comes first. Only the balance goes to members.
- Amendment
- Earlier: paid to the Central Government. Now: allocated to or reserved for the members (Act 13 of 2021, s. 141, w.e.f. 30-6-2021)
- Contrast the old and new position if the question asks about the change.
- Use of the allocated amount
- Section 28(2): utilised for purposes the Board approves, including dividend, fully paid-up bonus shares, and crediting reserves
- Section 28A profits and the members' share of surplus under Section 28 are used in the same way.
Quick revision
- Section 3: LIC is established from a date notified by the Central Government in the Official Gazette.
- LIC is a body corporate with perpetual succession and a common seal, and it can sue and be sued in its name.
- Section 3 also lets LIC acquire, hold and dispose of property, subject to the Act.
- Section 30: from the appointed day LIC had the exclusive privilege of life insurance business in India.
- Under section 30, an insurer's registration certificate under the Insurance Act ceased to authorise life insurance business from the appointed day.
- Section 30A: the exclusive privilege ceased on commencement of the IRDA Act, 1999.
- After that, LIC carries on life insurance business in accordance with the Insurance Act, 1938.
- Section 14: LIC may reduce amounts under contracts entered into before 19 January 1956 by insurers whose controlled business was transferred to it.
- Section 14 reduction needs a scheme prepared by LIC and approved by the Central Government, and regard is had to the insurer's financial condition on the appointed day.
- Section 28A: profits from non-life business, after provision for reserves and other needs, are allocated to or reserved for the members.
- Section 28A used to say the balance was paid to the Central Government. This was replaced in 2021.
- Section 61 of the Insurance Act: the Tribunal, not LIC, may reduce contracts where an insurer is in liquidation or insolvent.
Common mistakes
- Saying LIC was incorporated under the Companies Act. Fix: Say LIC is a statutory corporation created by the LIC Act, 1956.
- Saying the Act itself fixes the date LIC starts. Fix: Write that the date is appointed by Central Government notification in the Official Gazette.
- Saying LIC still has a monopoly in life insurance. Fix: Always pair the two sections. Section 30 created the privilege, Section 30A ended it.
- Applying the exclusive privilege to all insurance business. Fix: Section 30 speaks of life insurance business only. General insurance is outside it.
- Saying LIC can modify any policy at any time. Fix: Limit it to pre-19 January 1956 contracts of transferor insurers and to reduction of amounts.
- Forgetting the Central Government's approval. Fix: Always write that a scheme prepared by LIC and approved by the Central Government is a must.
- Saying the balance of profits is still paid to the Central Government. Fix: Write that since 30-6-2021 the balance is allocated to or reserved for the members. Mention the old rule only as a contrast.
- Applying Section 28A to life insurance surplus. Fix: Check the source first. Section 28A is only for business other than life insurance.
Exam tips
- Write the Act name and 'Section 3' in the first line. Examiners look for the provision first.
- Split your answer into sub-section (1) and sub-section (2). It keeps the answer neat.
- In case-based questions, use the order provision, facts, conclusion.
- Use the exact terms: body corporate, perpetual succession, common seal.
- Do not add section numbers or figures you are not sure of.
- Cite Section 30 and Section 30A together. Examiners reward the full before-and-after picture.
- In case questions, check the date first. It decides which section governs.
- Write the two-part effect of Section 30: reservation for LIC and cessation of existing registrations.