Section 5: Restriction on name of insurer

Q: What does Section 5 of The Insurance Act, 1938 (TIA) deal with?

Section 5 TIA pertains to "Restriction on name of insurer". It is part of the The Insurance Act, 1938, a legislation enacted by the Parliament of India. Section 5 of The Insurance Act, 1938 (TIA) governs restriction on name of insurer. As verified on 19 May 2026.

Q: Is Section 5 TIA still in force?

Yes, Section 5 of the The Insurance Act, 1938 is currently in force across the Republic of India.

Q: What is धारा 5 TIA?

धारा 5 TIA is the Devanagari Hindi reference for Section 5 of the The Insurance Act, 1938. Section 5 of The Insurance Act, 1938 (TIA) governs restriction on name of insurer. As verified on 19 May 2026.

Q: What is Dhara 5 TIA?

Dhara 5 TIA is the Roman Hindi reference for Section 5 of the The Insurance Act, 1938. "Dhara" means "Section" in Hindi. Section 5 of The Insurance Act, 1938 (TIA) governs restriction on name of insurer. As verified on 19 May 2026.

Q: How to cite Section 5 of The Insurance Act, 1938?

Cite as: "Section 5, The Insurance Act, 1938 (TIA)" in legal briefs. For academic writing, use the BlueBook format: The Insurance Act, 1938, § 5 (India).

Law on Tips Editorial Board

(1)

An insurer shall not be registered by a name identical with that by which an insurer in existence is already registered, or so nearly resembling that name as to be calculated to deceive except when the insurer in existence is in the course of being dissolved and signifies his consent to the Authority,

(2)

If an insurer, through inadvertence or otherwise, is without such consent as aforesaid registered by a name identical with that by which an insurer already in existence whether previously registered or not is carrying on business or so nearly resembling it as to be calculated to deceive, the first-mentioned insurer shall, if called upon to do so by the Authority on the application of the second-mentioned insurer, change his name within a time to be fixed by the Authority: