38Penalty for using name of Institution, awarding degrees of actuarial science, etc
(1) Save as otherwise provided in this Act, no person shall--
(a) use a name or a common seal which is identical with the name or the common seal of the Institute or so nearly resembles it so as to deceive or as is likely to deceive the public; or
(b) award any degree, diploma or certificate or bestow any designation which indicates or purports to indicate the position or attainment of any qualification or competence in actuaryship similar to that of a member of the Institute; or
(c) seek to regulate in any manner whatsoever the profession of Actuaries.
(2) Any person contravening the provisions of sub-section (1) shall, without prejudice to any other proceedings, which may be taken against him, be punishable with fine, which may extend on first conviction to fifty thousand rupees and on any subsequent conviction with imprisonment which may extend to one year, or, with fine which may extend to one lakh rupees, or with both.
(3) Nothing contained in this section shall apply to any University or other institution established by law or to any body affiliated to the Institute.
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- 1 Short title, extent and commencement
- 2 Definitions
- 3 Incorporation of Institute
- 4 Transfer of assets, liabilities, etc., of Actuarial Society
- 5 Objects of Institute
- 6 Entry of names in register
- 7 Associates and fellows
- 8 Honorary, affiliate and student members
- 9 Certificate of practice
- 10 Members to be known as Actuaries
- 11 Disqualifications
- 12 Composition of Council of Institute
- 13 Annual general meetings
- 14 Re-election to Council
- 15 Settlement of dispute regarding election
- 16 Establishment of Tribunal
- 17 President, Vice-President and Honorary Secretary
- 18 Resignation from membership and filling up to casual vacancies
- 19 Functions of Council
- 20 Staff, remuneration and allowances
- 21 Committees of Council
- 22 Finances of Council
- 23 Register
- 24 Removal of name from register
- 25 Re-entry in register
- 26 Disciplinary Committee
- 27 Appointment of Prosecution Director
- 28 Authority, Council, Disciplinary Committee and Prosecution Director to have powers of civil court
- 29 Action by Council on disciplinary Committee’s report
- 30 Member to be afforded opportunity of being heard
- 31 Professional or other misconduct defined
- 32 Constitution of Appellate Authority
- 33 Term of Office of Members of Authority
- 34 Allowances, conditions of service of Members and procedure, etc., of Authority
- 35 Officers and other staff of Authority
- 36 Appeal to Authority
- 37 Penalty for falsely claiming to be a member, etc
- 38 Penalty for using name of Institution, awarding degrees of actuarial science, etc
- 39 Companies not to engage in actuarial practice
- 40 Unqualified person not to sign documents
- 41 Offences by companies
- 42 Sanction to prosecute
- 43 Establishment of Quality Review Board
- 44 Functions of Board
- 45 Procedure of Board
- 46 Terms and conditions of Chairperson and Members of Board
- 47 Expenditure of Board
- 48 Dissolution of Actuarial Society of India
- 49 Provisions respecting employees of dissolved society
- 50 Maintenance of more than one offices by Actuary
- 51 Reciprocity
- 52 Power of Central Government to issue directions
- 53 Protection of action taken in good faith
- 54 Members, etc., to be public servants
- 55 Power of Central Government to make rules
- 56 Power to make regulations
- 57 Power of Central Government to issue directions for making or amending regulations
- 58 Laying of rules and regulations
- 59 Power to remove difficulties