Insurance Ombudsman Amendment Rules, 2023


Quick Summary
The Ministry of Finance has issued the Insurance Ombudsman (Amendment) Rules, 2023, bringing significant updates to the existing 2017 rules. These amendments, effective from their publication date, include changes to the bodies responsible for appointing ombudsmen, with the 'Bank Board Bureau' being replaced by the 'Financial Services Institutions Bureau'. The rules also introduce revised resignation procedures for Insurance Ombudsmen, requiring a minimum 90-day notice period and allowing the Council for Insurance Ombudsmen to waive this period. Furthermore, provisions regarding pension deductions have been removed, and the process for settling complaints through mediation has been clarified, along with modifications to the award procedures.

MINISTRY OF FINANCE
(Department of Financial Services)
NOTIFICATION

New Delhi, the 9th November, 2023

G.S.R. 828(E).—In exercise of the powers conferred by section 24 of the Insurance Regulatory and Development Authority Act, 1999 (41 of 1999), the Central Government hereby makes the following rules further to amend the Insurance Ombudsman Rules, 2017, namely: -

1. Short title and commencement: — (1) These rules may be called the Insurance Ombudsman (Amendment) Rules, 2023.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. In the Insurance Ombudsman Rules, 2017 (hereinafter referred to as the principal rules), in rule 7, in sub-rule 2, —

(i) in clauses (b) and clause (c), for the words „Bank Board Bureau‟, the words „Financial Services Institutions Bureau‟ shall be substituted;

(ii) for explanation, the following Explanation shall be substituted, namely: —„

Explanation. —In this sub-rule, the expression “Financial Services Institutions Bureau” means the body constituted by the Ministry of Finance, Department of Financial Services vide Resolution F. No. 14/1/2022-BO-I, dated the 1st July, 2022.‟.

3. In the principal rules, in rule 8, after the provisos, the following provisos shall be inserted, namely: —

“Provided further that the Insurance Ombudsman may resign by giving prior notice in writing of not less than ninety days in lieu of three months‟ salary, to the Council for Insurance Ombudsmen, informing his intention to resign; in case the last date of notice period falls on Saturday or Sunday or holiday, the Insurance Ombudsman shall be relieved on the next working day.

Provided also that the Council for Insurance Ombudsmen reserves the right to waive the notice in part or in full at its discretion.”.

4. In the principal rules, in rule 10, in sub-rule (1), the words “and any pension to which he is entitled from the Central Government or a State Government shall be deducted from his salary” shall be omitted.

5. In the principal rules, in rule 16, for the marginal heading, the following marginal heading shall be substituted, namely: —

“Complaint settled through mediation by Insurance Ombudsman.”.

6. In the principal rules, in rule 17, -

(i) for sub-rule (2), the following sub-rule shall be substituted, namely: —

“(2) The award passed under sub-rule (1) shall be in writing, duly signed in person or digitally by the Insurance Ombudsman with reasons for passing such award.”.

(ii) in sub-rule (3), in the proviso, in clause (ii), for the word „thirty‟, the word „fifty‟ shall be substituted.

[F. No. S-14014/12/2022-Ins.I]
MUKESH KUMAR BANSAL, Jt. Secy.
 

FAQ :

The Insurance Ombudsman (Amendment) Rules, 2023 come into force from the date of their publication in the Official Gazette.

The 'Bank Board Bureau' has been replaced by the 'Financial Services Institutions Bureau' in relation to the appointment and related processes for Insurance Ombudsmen.

An Insurance Ombudsman must now give at least ninety days' prior written notice to the Council for Insurance Ombudsmen to resign. The Council also reserves the right to waive this notice period.

Yes, the rules have been amended to omit the provision that stated any pension entitled from the Central or State Government would be deducted from an Ombudsman's salary.

The marginal heading for rule 16 has been updated to specifically state 'Complaint settled through mediation by Insurance Ombudsman'.

The award passed by the Insurance Ombudsman must now be in writing, signed in person or digitally by the Ombudsman, and include the reasons for the award. Additionally, in a specific proviso within sub-rule (3) of rule 17, the word 'thirty' has been substituted with 'fifty'.

 

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