Skip to main content

Taxmann's Actuaries Act 2006 with Rules

Page 1

Sample Read


© Taxmann Price : ` 325 Law stated in this book is as updated till 1st December, 2025 Published by : Taxmann Publications (P.) Ltd. Sales & Marketing : 59/32, New Rohtak Road, New Delhi-110 005 India Phone : +91-11-45562222 Website : www.taxmann.com E-mail : sales@taxmann.com Regd. Office : 21/35, West Punjabi Bagh, New Delhi-110 026 India Printed at : Tan Prints (India) Pvt. Ltd. 44 Km. Mile Stone, National Highway, Rohtak Road Village Rohad, Distt. Jhajjar (Haryana) India E-mail : sales@tanprints.com Disclaimer Every effort has been made to avoid errors or omissions in this publication. In spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition. It is notified that neither the publisher nor the author or seller will be responsible for any damage or loss of action to any one, of any kind, in any manner, therefrom. It is suggested that to avoid any doubt the reader should cross-check all the facts, law and contents of the publication with original Government publication or notifications. No part of this book may be reproduced or copied in any form or by any means [graphic, electronic or mechanical, including photocopying, recording, taping, or information retrieval systems] or reproduced on any disc, tape, perforated media or other information storage device, etc., without the written permission of the publishers. Breach of this condition is liable for legal action. For binding mistake, misprints or for missing pages, etc., the publisher’s liability is limited to replacement within seven days of purchase by similar edition. All expenses in this connection are to be borne by the purchaser. All disputes are subject to Delhi jurisdiction only.


Contents ACTUARIES ACT, 2006 PAGE

CHAPTER I PRELIMINARY 1. Short title, extent and commencement

1

2. Definitions

1 CHAPTER II INSTITUTE OF ACTUARIES OF INDIA

3. Incorporation of Institute

3

4. Transfer of assets, liabilities, etc., of Actuarial Society

3

5. Objects of Institute

4

6. Entry of names in register

4

7. Associates and fellows

5

8. Honorary, affiliate and student members

5

9. Certificate of practice

6

10. Members to be known as Actuaries

6

11. Disqualifications

7

12. Composition of Council of Institute

7

13. Annual general meetings

8

14. Re-election to Council

8

15. Settlement of disputes regarding election

9

16. Establishment of Tribunal

9

17. President, Vice-President and Honorary Secretary

10

I-5


CONTENTS

I-6 PAGE

18. Resignation from membership and filling up of casual vacancies

10

19. Functions of Council

11

20. Staff, remuneration and allowances

12

21. Committees of Council

12

22. Finances of Council

12 CHAPTER III

REGISTER OF MEMBERS 23. Register

13

24. Removal of name from Register

14

25. Re-entry in register

14 CHAPTER IV MISCONDUCT

26. Disciplinary Committee

14

27. Appointment of Prosecution Director

14

28. Authority, Council, Disciplinary Committee and Prosecution Director to have powers of civil court

15

29. Action by Council on Disciplinary Committee’s report

15

30. Member to be afforded opportunity of being heard

15

31. Professional or other misconduct defined

15

CHAPTER V APPEALS 32. Constitution of Appellate Authority

16

33. Term of office of Members of Authority

16

34. Allowances, conditions of service of Members and procedure etc. of Authority

16

35. Officers and others staff of Authority

16

36. Appeal to Authority

16 CHAPTER VI PENALTIES

37. Penalty for falsely claiming to be a member, etc.

17

38. Penalty for using name of Institution, awarding degrees of actuarial science, etc.

18


I-7

CONTENTS PAGE

39. Companies not to engage in actuarial practice

19

40. Unqualified person not to sign documents

19

41. Offences by companies

20

42. Sanction to prosecute

21 CHAPTER VII

QUALITY REVIEW BOARD 43. Establishment of Quality Review Board

22

44. Functions of Board

22

45. Procedure of Board

22

46. Terms and conditions of Chairperson and Members of Board

22

47. Expenditure of Board

22 CHAPTER VIII

DISSOLUTION OF THE ACTUARIAL SOCIETY OF INDIA REGISTERED UNDER THE SOCIETIES REGISTRATION ACT 48. Dissolution of Actuarial Society of India

22

49. Provisions respecting employees of dissolved society

23

CHAPTER IX MISCELLANEOUS 50. Maintenance of more than one offices by Actuary

24

51. Reciprocity

24

52. Power of Central Government to issue directions

24

53. Protection of action taken in good faith

24

54. Members, etc., to be public servants

25

55. Power of Central Government to make rules

25

56. Power to make regulations

26

57. Power of Central Government to issue directions for making or amending regulations

27

58. Laying of rules and regulations

27

59. Power to remove difficulties

27

SCHEDULE : Professional misconduct in relation to members of the institute in practice

28

SUBJECT INDEX

31


CONTENTS

I-8 PAGE

ACTUARIES (ELECTION TO THE COUNCIL) RULES, 2021 1. Short title and commencement

35

2. Definitions

35

3. Dates of election of members to the Council

36

4. Members eligible to vote

37

5. List of voters

37

6. Members eligible to contest election

37

7. Number of members to be elected

38

8. Nomination paper

38

9. Scrutiny of nominations paper

38

10. Preparation of lists of contesting members

39

11. Withdrawal of candidature

39

12. Final list of candidates

39

13. Code of Conduct for Election

39

14. Death of member

40

15. Members deemed to be elected if their number is equal to or less than number of members to be elected

40

16. Admissible number of votes

40

17. Ballot paper

40

18. Presence of member at time of scrutiny of nomination papers and counting of votes

40

19. Procedure for voting

41

20. Grounds for declaring ballot papers or electronic voting invalid

41

21. Time and date for counting of votes

41

22. Appointment of Assistant Returning Officer

41

23. Counting of votes and declaration of results

41

24. Election not to be invalid due to omission, etc.

42

25. Duties of Returning Officer

42

26. Duties of agency

42

27. Decision of Returning Officer to be final

42

28. Vacancy in any seat not to hold up constitution of the Council

43

29. Election expenses

43


I-9

CONTENTS PAGE

30. Disciplinary action against member in connection with conduct of election

43

SCHEDULE 1 : List of voters

45

SCHEDULE 2 : Information to be included in the statement accompanying the nomination

45

SCHEDULE 3 : Final list of candidates

46

SCHEDULE 4 : Procedure for voting

47

SCHEDULE 5 : Procedure for counting of votes and declaration of results

48

FORM A : Guidance to the voter for filling up the ballot paper

50

FORM B : Form of nomination for election to the council, year ........

51

FORM C : List of contesting member

51

FORM D : Notice of withdrawal of nomination from election to the council

52

FORM E : Ballot paper for election to the council

52

FORM F : Results of election to council

52

FORM G : Outer cover addressed to returning officer by name

53

INSTITUTE OF ACTUARIES OF INDIA (TRANSACTION OF BUSINESS AT MEETINGS OF COUNCIL) REGULATIONS, 2011 1. Short title and commencement

54

2. Definitions

54

3. Meetings of Council

55

4. Special meeting of Council

55

5. Notice of meeting of Council

55

6. Chairman of meeting

55

7. Quorum at meeting

56

8. Adjournment of meeting

56

9. Procedure for transaction of business

56

10. Decision in a meeting

57

11. Minutes of Council Meetings

57

12. Participation of Council members in the meeting

57

13. Responsibility of President, Chairman and Secretary for Participation through Electronic Mode

57


CONTENTS

I-10 PAGE

INSTITUTE OF ACTUARIES OF INDIA (MAINTENANCE OF REGISTER, PUBLICATION OF LIST, AND RE-ENTRY OF NAMES IN REGISTER OF MEMBERS) REGULATIONS, 2011 1. Short title and commencement

58

2. Definitions

58

3. Entry in the Register

59

4. Maintenance of the Register

59

5. Publication of List of Members

59

6. Annual Membership Fees

60

7. Re-entry in register of name of members FORM : Register of the members

60 61

ACTUARIES (PROCEDURE FOR INQUIRY OF PROFESSIONAL AND OTHER MISCONDUCT) RULES, 2008 CHAPTER I PRELIMINARY 1. Short title and commencement

62

2. Definitions

62 CHAPTER II PROCEDURES OF INQUIRY RELATED TO COMPLAINTS AND INFORMATION

3. Procedure for filing complaint

64

4. Fee for filing complaint

64

5. Registration of complaint

65

6. Withdrawal of a complaint

66

7. Information

66 CHAPTER III PROCEDURE OF INQUIRY

8. Procedure to be followed by Director on a complaint

67


I-11

CONTENTS PAGE

9. Examination of complaint 10. Mode of sending notice 11. Certain provisions relating to complaint also to be applicable for information relating to misconduct of members 12. Time-limit on entertaining complaint or information

68 69 69 69

CHAPTER IV DISCIPLINARY COMMITTEE 13. 14. 15. 16.

Functioning of the Committee Procedure to be followed by the Committee Report of the Committee Allowances to the members nominated by the Central Government

70 70 72 72

CHAPTER V MISCELLANEOUS 17. Attendance of proceeding by the complainant, defendant and witness

73

18. Participation or attendance in meeting or hearing

73

19. Residuary provision

73

FORM : Procedure for filing complaint

74

INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA (ACTUARIAL, FINANCE AND INVESTMENT FUNCTIONS OF INSURERS) REGULATIONS, 2024 CHAPTER I PRELIMINARY 1. Short title, applicability and commencement 2. Objectives 3. Definitions

75 75 76

CHAPTER II GUIDING PRINCIPLES FOR ACTUARIAL, FINANCE AND INVESTMENT FUNCTIONS 4. Principles governing the Actuarial, Finance and Investment functions of insurers

77


CONTENTS

I-12 PAGE

5. Board approved policies of the insurer

78

6.

78 CHAPTER III MISCELLANEOUS

7. Power to issue circulars, guidelines and directions

78

8. Power to issue clarifications and to remove difficulties

78

9. Repeals

78

SCHEDULE I : Actuarial Functions

79

SCHEDULE II : Finance Functions

104

SCHEDULE III : Investment Functions

164

SCHEDULE IV : Loans and advances by insurance companies

217

SCHEDULE V : Inspection and supply of returns

218


SAMPLE CHAPTER

Actuaries Act, 2006 [35 OF 2006]*

An Act to provide for regulating and developing the profession of Actuaries and for matters connected therewith or incidental thereto. BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:— CHAPTER I PRELIMINARY Short title, extent and commencement. 1. (1) This Act may be called the Actuaries Act, 2006. (2) It extends to the whole of India (3) It shall come into force on such date† as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision. Definitions. 2. (1) In this Act, unless the context otherwise requires,— (a) “Actuary” means a person skilled in determining the present effects of future contingent events or in finance modelling and risk analysis in different areas of insurance, or calculating the value of life interests and insurance risks, or designing and pricing of policies, working out the benefits, recommending rates relating to insurance business, annuities, insurance and pension rates on the basis of empirically based tables and includes a statistician engaged in such technology, taxation, employees’ benefits and such other risk management and investments and who is a fellow member of the Institute, and the expression “actuarial science” shall be construed accordingly; *Dated 27-8-2006. †With effect from 10-11-2006.

1


S. 2

ACTUARIES ACT, 2006

2

(b) “Actuarial Society” means the Actuarial Society of India registered under the Societies Registration Act, 1860 (21 of 1860) and the Bombay Public Trusts Act, 1950 (Bombay Act No. XXXIX of 1950); (c) “appointed day” means the date on which the Institute is constituted under sub-section (1) of section 3; (d) “Authority” means the Appellate Authority referred to in section 32; (e) “Board” means the Quality Review Board constituted under sub-section (1) of section 43; (f) “Council” means the Council of the Institute as referred to in section 12; (g) “fellow” means a fellow member of the Institute; (h) “Institute” means the Institute of Actuaries of India constituted under section 3; (i) “member” means an individual whose name appears in the register of members maintained by the Institute; (j) “prescribed” means prescribed by rules made under this Act; (k) “President” means the President of the Council; (l) “register” means the register of members maintained by the Institute under this Act; (m) “specified” means specified by regulations made under this Act; (n) “Tribunal” means a Tribunal established under sub-section (1) of section 16; (o) “Vice-President” means the Vice-President of the Council; (p) “year” means the period commencing on the 1st day of April of any year and ending on the 31st day of March of the succeeding year. (2) Save as otherwise provided in this Act, a member of the Institute shall be deemed “to be in practice” when individually or in partnership with Actuaries in practice as a member or an employee of a company, he, whether or not in consideration or remuneration received or to be received,— (i) engages himself in actuarial profession; or (ii) offers to perform or performs services involving the application of actuarial techniques in the fields of insurance, pension, investment, finance and management; or (iii) renders such other services as, in the opinion of the Council, are or may be rendered by an actuary in practice; or (iv) is in employment of a person engaged in one or more of the activities mentioned in clauses (i), (ii) and (iii) above, and the words “to be in practice” with their grammatical variations and cognate expressions shall be construed accordingly.


3

ACTUARIES ACT, 2006

S. 4

Explanation.—For the purpose of this sub-section, the expression “company” includes a public financial institution as defined in section 4A of the Companies Act, 1956 (1 of 1956)*. COMMENTS SECTION NOTES

2.1 “Actuary” [Section 2(1)(a)] An "Actuary" is defined as a professional skilled in evaluating the present effects of

future contingent events or in financial modelling and risk analysis in insurance and related domains. Their work encompasses: Valuation Tasks: Determining the value of life interests and insurance risks Designing and pricing insurance policies Calculating insurance business, annuities, insurance and pension rates on the

basis of empirically-based tables Includes: Statistician engaged in such technology, taxation, employees’ benefits and such

other risk management and investments and who is a fellow member of the Institute, and the expression “actuarial science” shall be construed accordingly

CHAPTER II INSTITUTE OF ACTUARIES OF INDIA Incorporation of Institute. 3. (1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, all persons whose names are entered in the register of the Actuarial Society at the commencement of this Act and all persons who may thereafter have their names entered in the register to be maintained under this Act, so long as they continue to have their names borne on the register, are hereby constituted a body corporate by the name of the Institute of Actuaries of India and all such persons shall be known as members of the Institute. (2) The Institute shall have perpetual succession and a common seal and shall have power to acquire, hold and dispose of property, both movable and immovable, and shall by its name sue or be sued. (3) The head office of the Institute shall be situated at such place as may be decided by the Central Government. Transfer of assets, liabilities, etc., of Actuarial Society. 4. On the appointed day,— (a) all the assets and liabilities of the Actuarial Society shall stand transferred to, and vested in, the Institute. * See now section 2(72) of the Companies Act, 2013.


S. 6

ACTUARIES ACT, 2006

4

Explanation.—The assets of the Actuarial Society shall be deemed to include all rights and powers and all properties, whether movable or immovable, including, in particular, cash balances, deposits and all other interests and rights in, or arising out of, such properties as may be in the possession of the said Society and all books of account and other documents relating to the same; and liabilities shall be deemed to include all debts, liabilities and obligations of whatever kind; (b) without prejudice to the provisions of clause (a), all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Actuarial Society immediately before that day, for or in connection with the purpose of the said Society, shall be deemed to have been incurred, entered into or engaged to be done by, with or for, the Institute; (c) all sums of money due to the Actuarial Society immediately before that day shall be deemed to be due to the Institute; and (d) all suits and other legal proceedings instituted or which could have been instituted by or against the Actuarial Society immediately before that day may be continued or may be instituted by or against the Institute. Objects of Institute. 5. The objects of the Institute shall be— (a) to promote, uphold and develop the standards of professional education, training, knowledge, practice and conduct amongst Actuaries; (b) to promote the status of the Actuarial profession; (c) to regulate the practice by the members of the profession of Actuary; (d) to promote, in the public interest, knowledge and research in all matters relevant to Actuarial science and its application; and (e) to do all such other things as may be incidental or conducive to the above objects or any of them. Entry of names in register. 6. (1) Any of the following persons shall be entitled to have his name entered in the register, namely:— (a) any person who immediately before the appointed day was an associate or a fellow (including an honorary fellow) of the Actuarial Society; (b) any person who has passed the examination conducted by the Actuarial Society and has completed training either as specified by the said Society or as specified by the Council, except any such person who is not a permanent resident of India; (c) any person who has passed such examination and completed such training, as may be specified for membership of the Institute; (d) any person who has passed such other examination and completed such other training outside India as is specified as being equivalent to the examination and training specified under this Act for membership of the Institute:


5

ACTUARIES ACT, 2006

S. 8

Provided that in the case of any person belonging to any of the classes mentioned in this sub-section who is not permanently residing in India, the Central Government or the Council may impose such further conditions as it may deem necessary or expedient in the public interest. (2) Every person mentioned in clause (a) of sub-section (1) may have his name entered in the register without the payment of any entrance fee. (3) Every person belonging to any of the classes mentioned in clauses (b), (c) and (d) of sub-section (1) shall have his name entered in the register on an application being made and granted in the specified manner and on payment of such fees, as may be specified. (4) The Council shall take such steps as may be necessary for the purpose of having the names of all persons belonging to the class mentioned in clause (a) of sub-section (1) entered in the register before the appointed day. (5) Notwithstanding anything contained in this section, the Council may confer on any person honorary fellow membership, if the Council is of the opinion that such person has made a significant contribution to the profession of Actuary and thereupon the Council shall enter the name of such person in the register but such person shall not have any voting rights in any election or meetings of the Institute and shall not also be required to pay any fee to the Institute. Associates and fellows. 7. (1) The members of the Institute shall be divided into two classes designated respectively as associates and fellows. (2) Any person other than a person to whom the provisions of sub-section (3) apply, shall, on his name being entered in the register, be deemed to have become an associate and as long as his name remains so entered, shall be entitled to use the letters “AIAI” after his name to indicate that he is an associate. (3) Any person who was a fellow of the Actuarial Society and who is entitled to have his name entered in the register under clause (a) of sub-section (1) of section 6 shall be entered in the register as a fellow. (4) Any person whose name is entered in the register as fellow shall, so long as his name remains so entered, be entitled to use the letters “FIAI” after his name to indicate that he is a fellow. Honorary, affiliate and student members. 8. (1) The Council may choose, in such manner as may be specified, any person of eminence in matters relating to and of interest to the profession of Actuary as an honorary member of the Institute provided that he is not practicing as an Actuary. (2) Any person, who is a fellow member, or is a holder of membership considered equivalent to the fellow membership of the Institute, of any other institution similar to the Institute, whether within or outside India, may be admitted as an affiliate member for such period, and on such terms and conditions as may be specified. (3) Any person who enrolls himself for examination of the Institute, and possesses such academic qualifications as may be specified, may be admitted as a student member of the Institute on such terms and conditions as may be specified.


S. 10

ACTUARIES ACT, 2006

6

(4) An honorary member or an affiliate member or a student member shall have no right to vote on any matter or resolution in any meeting of the Institute. Certificate of practice. 9. (1) No member of the Institute shall be entitled to practice unless he fulfils the qualifications as may be specified and obtains from the Council a certificate of practice. (2) A member who desires to be entitled to practice shall make an application in such form and pay such annual fee for certificate of practice as may be specified and such fee shall be payable on or before the first day of April in each year. (3) The certificate of practice obtained under sub-section (1) may be cancelled by the Council under such circumstances as may be specified. Members to be known as Actuaries. 10. Every member of the Institute in practice shall, and any other member may, use the designation of an Actuary and no member using such designation shall use any other description whether in addition thereto or in substitution therefor: Provided that nothing contained in this section shall be deemed to prohibit any such member from adding any other description or letters to his name, if entitled thereto, to indicate membership of such other Institute, whether in India or elsewhere, as may be recognised in this behalf by the Council, or any other qualification that he may possess, or to prohibit a firm, all the partners of which are members of the Institute and in practice, from being known by its firm name as Actuaries. COMMENTS SECTION NOTES

10.1 Use of designation of actuary Every member of the Institute in practice shall and any other member may use the

designation of “Actuary.” A member using the designation “Actuary” is prohibited from using any other

description, whether: In addition to "Actuary", or In substitution of "Actuary".

10.2 Proviso: However, the section includes an important exception: Permitted Additional Descriptions: Members may add other designations or

letters to their name if they are entitled, such as: z Membership of other Institutes (within India or internationally), reco-

gnised by the Council. z Other professional qualifications the member possesses. Firm Naming Permission: A firm, where all partners are practicing members of

the Institute, may use the firm name with the term “Actuaries.”


ACTUARIES ACT 2006 WITH RULES – BARE ACT WITH SECTION NOTES AUTHOR : PUBLISHER : DATE OF PUBLICATION : EDITION : ISBN NO : NO. OF PAGES : BINDING TYPE :

Taxmann's Editorial Board Taxmann December 2025 2026 Edition 9789371266680 276 Paperback

Rs. 325 DESCRIPTION Actuaries Act 2006 with Rules [Bare Act with Section Notes] by Taxmann is a comprehensive statutory reference. This Edition provides the complete, amended text of the Act, along with all allied and updated rules, regulations, and major recent developments impacting the actuarial profession in India. The book features clear, section-wise notes for practical understanding, compliance, and application, making it an essential resource for readers. This book is intended for the following audience: • Actuaries & Actuarial Professionals • Members, Students & Associates of the Institute of Actuaries of India (IAI) • Regulators, Government Authorities & Policy Makers • Legal Practitioners & Corporate Legal Departments • Academics & Students The Present Publication is the 2025 Edition, covering the amended and updated text of the Actuaries Act [Act No. 35 of 2006] and Rules, with the following noteworthy features: • [Comprehensive Bare Act] Complete, updated text of the Actuaries Act 2006 with statutory footnotes • [Latest Amendments ] Covers all changes up to date, including IRDAI's 2024 actuarial and finance regulations • [Pre-amendment Provisions] Footnotes of earlier provisions for comparative reference • [Detailed Section Notes] Interpretation, compliance, and procedural guidance • [Allied Rules & Regulations] Includes all key rules up to date: o Actuaries (Election to the Council) Rules 2021 o IAI (Transaction of Business at Meetings of Council) Regulations 2011 o IAI (Maintenance of Register, Publication of List, and Re-entry of Names in Register of Members) Regulations 2011 o Actuaries (Procedure for Inquiry of Professional and Other Misconduct) Rules 2008 o IRDAI (Actuarial, Finance and Investment Functions of Insurers) Regulations 2024 • [Practical Utility] Subject index, detailed table of contents, statutory forms, and compliance templates • [Designed for Professional Use] Supports all compliance and disciplinary requirements under the Act

Buy Now


Turn static files into dynamic content formats.

Create a flipbook