Page 449 - The Central Motor Vehicles Rules, 1989
P. 449

RULE 161        THE CENTRAL MOTOR VEHICLES RULES, 1989               421

                                 158.   Settlement of claims
                                                                                                      158
                                      The authority shall comply with such directions as the Central Government or the
                                 State Government, as the case may be, may, from time to time, issue, with respect to the
                                 procedure to be followed for settlement of claims which are to be met out of the funds.
                                                              Foreign Insurance
                                 159.   List of foreign insurers
                                                                                                      159
                                      (1) The Central Government shall publish in the Official Gazette a list (hereinafter
                                 referred to as the ‘approved list’) of foreign insurers who have been guaranteed in
                                 accordance with the provisions of this Chapter, together with the name of the guarantor
                                 or guarantors in each case and shall also publish from time to time any addition to or
                                 removal from the approved list.
                                      (2) No foreign insurer’s name shall be added to the approved list until such foreign
                                 insurer has been guaranteed by at least one insurer and the name of the foreign insurer
                                 who ceases to have at least one guarantor shall be removed from the list.
                                 160.   Guarantor of foreign insurer
                                      (1) An insurer who desires to guarantee a foreign insurer shall make application
                                                                                                      160
                                 therefor to the Central Government in Form 55.
                                      (2) The Central Government may, if it is satisfied that the application referred to
                                 in sub-rule (1) is in order and that it is expedient that the foreign insurer be placed in
                                 the approved list or, where the name of the foreign insurer is already included in the
                                 approved list, that the insurer should be added to the approved list as guarantor of the
                                 foreign insurer, and the name of the foreign insurer to the approved list if it is not already
                                 included, and includes the insurer as a guarantor of such foreign insurer.
                                      (3) A guarantor desiring to cease guaranteeing a foreign insurer shall give notice
                                 of not less than two months to the Central Government in Form 56, and where such
                                 notice has been given, the guarantor shall be deemed to have ceased to guarantee the
                                 foreign insurer from the date specified in the notice:
                                      PROVIDED that the insurer shall be deemed, in respect of all certificates of foreign
                                 insurance endorsed or renewed in accordance with the provisions of sub-rule (2) of rule
                                 161 before the date of such cessation, to continue as the guarantor of the foreign insurer
                                 who has issued the certificate as if the guarantor had not ceased to be his guarantor.
                                      (4) If at any time a guarantor ceases to be an insurer, the Central Government may,
                                 after giving such notice as may appear to it to be necessary, remove from the approved
                                 list the name of such guarantor wherever it appears:
                                      PROVIDED that the guarantor who ceases to be an insurer shall be deemed, in
                                 respect of all certificates of foreign insurance endorsed in pursuance of the provisions
                                 of sub-rule (2) of rule 161 before the date of removal of the name of the guarantor from
                                 the approved list, to continue as the guarantor of the foreign insurers as if the guarantor
                                 had not ceased to be an insurer and as if his name had not been removed from the list.
                                 161.   Endorsement of certificate of foreign insurance
                                                                                                        or

                                      (1)  A visitor wishing to have  a certificate  of foreign  insurance  endorsed 161
                                 re-endorsed shall produce such certificate in Form 57 before the Customs Collector at a
                                 port of entry or land customs port or to such other officer as the Central Government
                                 may, by notification in the Official Gazette, appoint for the purpose of endorsement in
                                 accordance with the provisions of this Chapter or for the purpose of the renewal of any
                                 endorsement already made on the certificate in accordance with this Chapter.
                                      (2) Such officer shall, if satisfied that the certificate of foreign insurance complies
                                 with the requirements of the provisions of this Chapter, that the period of validity of
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