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Attorney General's Office, Ministry of Justice, Human Rights and Institutional Reforms

Acts and Bills 2016


BILLS 2016:
 
 
BILL NO. 2 (NATIONAL DISASTER AND RIS REDUCTION AND MANAGEMENT BILL)
BILL NO. 3 (NATIONAL AGENCY FOR THE TREATMENT AND REHABILITATION OF SUBSTANCE ABUSERS (REPEAL) BILL)

BILL NO. 4 (FIREARMS (AMENDMENT) BILL)

 
 

BILL NO. 7 (SUPPLEMENTARY APPROPRIATION (2015-2016) BILL)

 
 
 
 
 
 
 BILL NO. 16 (PUBLIC OFFICERS' PROTECTION (AMENDMENT) BILL)

 BILL NO. 17 APPROPRIATION (2016-2017) BILL

 
BILL NO  20 (FINANCE (MISCELLANEOUS PROVISIONS BILL)
 
 
 
 
 
 Acts 2016:
 
 
 THE BUILD OPERATE TRANSFER PROJECTS ACT
(No. 1 of 2016)
 
 The object of this Act is to provide for a legal framework for the execution
 of projects under Build Operate Transfer (BOT) agreements.
 
 Status – Published in the Gazette on 5 April 2016. Came into
operation on 5 April 2016.

 

 

 

 

THE NATIONAL DISASTER RISK REDUCTION AND
MANAGEMENT ACT
(No. 2 of 2016)
 
 
The main object of this Act is to provide for –
 
(a)     prevention and reduction of the risk of disasters;
 
(b)     mitigation of the adverse impacts of disasters;
 
(c)      disaster preparedness;
 
(d)     effective response to disasters; and
 
(e)     management of post-disaster activities, including recovery and rehabilitation.
 
2.         The Act provides for the setting up of a National Disaster Risk Reduction and Management Council, which shall, inter alia, oversee the implementation of the National Disaster Risk Reduction and Management Policy, National Disaster Risk Reduction and Management Strategic Framework and National Disaster Risk Reduction and Management Plan.  The National Council shall also lay down national guidelines for disaster risk reduction and management at all levels.
 
3.         There shall be a National Disaster Risk Reduction and Management Centre to be known as the National Centre, which shall, under the guidance and supervision of the National Council, act as the main institution for coordinating and monitoring the implementation of disaster risk reduction and management activities as per the National Strategic Framework and National Plan.
 
4.         Every local authority, other than a Village Council, shall have a Local Disaster Risk Reduction and Management Committee which shall collaborate with the National Centre and the local community in respect of the area under its jurisdiction for any disaster risk reduction and management activity.
 
5.         In the event of a disaster in Mauritius, there shall be a National Crisis Committee which shall supervise the conduct of disaster response operations and take such other measures as may be appropriate in the circumstances. Moreover, the National Emergency Operations Command, which is headed by the Commissioner of Police shall, in the event of a disaster, lead disaster response operations with the assistance of the National Centre.
 
6.         As far as Rodrigues is concerned, there shall be a Rodrigues Disaster Risk Reduction and Management Council which shall liaise and coordinate with the National Centre on disaster risk reduction and management activities in Rodrigues, and the Rodrigues Disaster Risk Reduction and Management Centre shall be responsible for coordinating and monitoring the implementation of disaster risk reduction and management activities as per the Strategic Framework and Plan for Rodrigues.
 
7.         In the event of a disaster in Rodrigues, there shall be a Rodrigues Crisis Committee which shall supervise the conduct of disaster response operations and take such other measures as may be appropriate in the circumstances. Moreover, the Rodrigues Emergency Operations Command, which is headed by the Divisional Commander, Rodrigues Police Division shall, in the event of a disaster, lead disaster response operations with the assistance of the Rodrigues Centre.
 
8.         As far as Agaléga and Cargados Carajos are concerned, there shall be a Disaster Management Coordinator for each of these 2 these islands who shall, under the guidance of the National Centre, oversee and manage disaster risk reduction and management activities in those islands.
 
Status – Published in the Gazette on 5 April 2016. Came into operation on
5 April 2016.
  
THE NATIONAL AGENCY FOR THE TREATMENT AND REHABILITATION
OF SUBSTANCE ABUSERS (REPEAL) ACT
(No. 3 of 2016)
 
 The object of this Act is to repeal the National Agency for the Treatment
 and Rehabilitation of Substance Abusers Act.
 
 
Status – Published in the Gazette on 23 April 2016. Will come
into operation on 1 July 2016.
 
 
 

   

 

THE FIREARMS (AMENDMENT) ACT
(No. 4 of 2016)
 
 
The main object of this Act is to amend the Firearms Act so as to implement the provisions of the Arms Trade Treaty to which Mauritius is a signatory.
 
2.         The opportunity is being taken to clarify some provisions of the Act.
 
 
Status – Published in the Gazette on 30 April 2016. Will come into operation on a date to be fixed by Proclamation.
THE NATIONAL WOMEN’S COUNCIL ACT
(No. 5 of 2016)
 
 
 
The object of this Act is to repeal the National Women’s Council Act 1985 to provide for a more modern and appropriate legislative framework in order to further promote women’s empowerment and gender equality, especially through the active participation of women in the social, economic and political fields.
 
2.         The Act accordingly –
 
(a)        makes better provision for the functioning of the National Women’s Council so as to provide a platform for women to voice their needs, concerns and aspirations;
 
(b)        improves the regulation of Women Associations and the management of the Regional Committees responsible for the activities of Women Associations.
 
Status – Published in the Gazette on 7 May 2016. Will come into operation on a date to be fixed by Proclamation.
 
THE NATIONAL WAGE CONSULTATIVE COUNCIL ACT
 (No. 6 of 2016)
 
 
 
The object of this Act is to provide for the establishment of the National Wage Consultative Council which shall, in the discharge of its functions, be mainly responsible to make recommendations to Government regarding –
 
(a)           the introduction of a national minimum wage in the private and public sectors; and
 
(b)           the payment of additional remuneration to offset any increase in the cost of living every year,
 
with a view to improving the living conditions of workers.
 
Status – Published in the Gazette on 28 May 2016. Will come into operation on a date to be fixed by Proclamation.
 
THE SUPPLEMENTARY APPROPRIATION (2015-2016) ACT
(No. 7 of 2016)
 
 
The object of this Act is to provide for the supplementary appropriation, by votes of expenditure, both recurrent and capital, in respect of services of Government for the financial year 2015-2016, in excess of the expenditure appropriated by the Appropriation (2015-2016) Act 2015.
 
Status – Published in the Gazette on 9 June 2016.  Came into operation on 9 June 2016.
THE PRESIDENT’S EMOLUMENTS AND PENSION (AMENDMENT) ACT
(No. 8 of 2016)
 
The object of this Act is to provide for an increase in the emoluments payable to the President and the Vice-President in the wake of the salary review recommended by the Pay Research Bureau in its Report of 2016.
 
 
Status – Published in the Gazette on 16 June 2016.  Came into operation on
1 January 2016.
 
 
THE NATIONAL ASSEMBLY ALLOWANCES (AMENDMENT) ACT
(No. 9 of 2016)
 
 
The object of this Act is to provide for an increase in the allowances payable to Ministers and other Members of the National Assembly in the wake of the salary review recommended by the Pay Research Bureau in its Report of 2016.
 
 
Status – Published in the Gazette on 16 June 2016.  Come into operation on 1 January 2016.
 
THE PROTECTION FROM DOMESTIC VIOLENCE (AMENDMENT) ACT
(No. 10 of 2016)
 
 
The object of this Act is to amend the Protection from Domestic Violence Act to provide for better protection to victims of domestic violence by, inter alia –
 
(a)        increasing the powers of Enforcement Officers;
 
(b)        widening the definition of “domestic violence”;
 
(c)        providing that a person who does an act of domestic violence against his spouse, a child of his spouse or another person living under the same roof shall commit an offence; and
 
(d)        empowering a police officer not below the rank of Assistant Superintendent to arrest a person where, following an act of domestic violence, physical injury has ensued.
 
2.         The opportunity is being taken to clarify some provisions of the Act.
 
Status – Published in the Gazette on 16 June 2016.  Will come into operation on a date to be fixed by Proclamation.
 
 
THE ANTI-PERSONNEL MINES AND CLUSTER MUNITIONS (PROHIBITION) ACT
(No. 11 of 2016)
 
 
The object of this Act is to give effect to –
 
(a)           the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction; and
 
(b)           the Convention on Cluster Munitions.
 
 
Status – Published in the Gazette on 25 June 2016.  Came into operation on 25 June 2016.
THE SUPPLEMENTARY APPROPRIATION (2015) (No. 2) ACT
(No. 12 of 2016)
 
 
The object of this Act is to provide for the supplementary appropriation, by votes of expenditure, both recurrent and capital, in respect of services of Government for the period of 6 months ended on 30 June 2015, in excess of the expenditure appropriated by the Appropriation (2015) Act 2015.
 
Status – Published in the Gazette on 30 June 2016.  Came into operation on 30 June 2016
 
THE UTILITY REGULATORY AUTHORITY (AMENDMENT) ACT
(No. 13 of 2016)
 
 
The object of this Act is to amend the Utility Regulatory Authority Act in order to review the qualifications for the appointment of the Chairperson, and Commissioners, of the Board of the Utility Regulatory Authority.
 
 
 
Status – Published in the Gazette on 30 June 2016.  Came into operation on 30 June 2016
THE INDEPENDENT POLICE COMPLAINTS COMMISSION ACT
(No. 14 of 2016)
 
 
The object of this Act is to provide for the establishment of an Independent Police Complaints Commission to investigate into complaints made against police officers in the discharge of their functions, other than complaints of acts of corruption or money laundering offences.
 
 
 
Status – Published in the Gazette on 23 July 2016.  Shall come into operation on a date to be fixed by Proclamation
 
THE APPROPRIATION (2016-2017) ACT
(No 15 of 2016)
 
 
 
The object of this Act is to provide for the issue from the Consolidated Fund of the sums necessary to meet the expenditure, both recurrent and capital, in respect of the services of Government for the financial year 2016-2017 and for the appropriation of those sums by votes of expenditure.
 
Status – Published in the Gazette on 20 August 2016.  Came into operation on 20 August 2016.
 
THE PROTECTION OF ELDERLY PERSONS (AMENDMENT) ACT
(No. 16 of 2016)
 
 
The object of this Act is to amend the Protection of Elderly Persons Act to enhance the level of protection of, and security to, the elderly.
 
Status – Published in the Gazette on 3 September 2016.  Came into operation on 3 September 2016.
 
THE PUBLIC OFFICERS’ PROTECTION (AMENDMENT) ACT
(No.17 of 2016)
 
 
The object of this Act is to increase the penalties provided for in relation to molesting public officers and to provide for related matters.
 
Status – Published in the Gazette on 3 September 2016.  Came into operation on 3 September 2016.
THE FINANCE (MISCELLANEOUS PROVISIONS) ACT
(No. 18 of 2016)
 
 
The object of this Act is to provide for the implementation of measures announced in the Budget Speech 2016 and for matters connected, consequential or incidental thereto.
 
 
 
Status – Published in the Gazette on 7 September 2016.  Came into operation on 7 September 2016 except from those mentioned in section 61.
 
THE ROAD TRAFFIC (AMENDMENT) ACT
(No. 19 of 2016)
 
 
The object of this Act is to amend the Road Traffic Act so as to provide for authorised examiners to issue, after examination of motor vehicles and trailers, certificates of fitness in respect of those motor vehicles and trailers.
 
Status – Published in the Gazette on 10 September 2016.  Shall came into operation on a date to be fixed by Proclamation.
THE PRIVATE SECONDARY SCHOOLS AUTHORITY (AMENDMENT) ACT
(No. 20 of 2016)
 
 
The objects of this Act are to amend the Private Secondary Schools Authority Act to
 
(a)           consolidate the provisions of the existing Act and review the functions and powers of the Authority;
 
(b)           provide for a consultative mechanism for greater involvement of stakeholders;
 
(c)           restore the pedagogical inspection and quality assurance function of the Authority; and
 
(d)           change the appellation of the Private Secondary Schools Authority into “Private Secondary Education Authority” in order to better reflect its new role and functions.
 
Status – Published in the Gazette on 10 September 2016.  Shall come into operation on a date to be fixed by Proclamation.
 
THE INFORMATION AND COMMUNICATION TECHNOLOGIES (AMENDMENT) ACT
(No. 21 of 2016)
 
 
The object of this Act is to amend the Information and Communication Technologies Act so as to streamline and clarify some provisions of the Act.
 
2.         Opportunity is being taken to exempt MultiCarrier (Mauritius) Ltd (the Multiplex Operator), which will operate the transmission stations for the broadcast of the proceedings of the National Assembly, from payment of any fee to the Information and Communication Technologies Authority. Consequently, the Independent Broadcasting Authority Act is being amended to provide that the National Assembly shall, for the broadcast of its proceedings, be exempt from being licensed with the Independent Broadcasting Authority and the National Assembly (Privileges, Immunities and Powers) Act is being amended to provide that no civil or criminal proceedings shall be instituted against any person for broadcasting the proceedings of the National Assembly.
 
 
Status – Published in the Gazette on 17 November 2016.  Shall come into operation on a date to be fixed by Proclamation
 
THE CO-OPERATIVES ACT
(No. 22 of 2016)
 
 
The object of this Act is to repeal, re-enact and provide for a reformed, modern and appropriate legislative framework for the co-operative sector in Mauritius.
 
2.         The Act will, inter alia –
 
(a)           provide for the setting up a Co-operative Audit Unit within the Ministry;
 
(b)           establish a National Co-operative College with the main object of developing the co-operative movement through education and training;
 
(c)           correct certain errors and omissions in the repealed Act; and
 
(d)           provide for matters related thereto.
 
Status – Published in the Gazette on 26 November 2016.  Shall come into operation on a date to be fixed by Proclamation
THE ROAD TRAFFIC (AMENDMENT NO. 2) ACT
(No. 23 of 2016)
 
 
The main object of this Act is to amend the Road Traffic Act so as to –
 
(a)           increase the penalties for certain serious offences; and
 
(b)           empower a Magistrate to immediately order a person to be disqualified from driving a motor vehicle for a period not exceeding 2 months or from holding or obtaining a licence in Mauritius for a period not exceeding 6 months where that person is found to be driving a motor vehicle with alcohol concentration exceeding the prescribed limit.
 
Status – Published in the Gazette on 25 November 2016.  Shall come into operation on a date to be fixed by Proclamation
THE LIMITED LIABILITY PARTNERSHIPS ACT
(No. 24 of 2016)
 
 
The object of this Act is to provide for the registration and administration of limited liability partnerships, and for related matters.
 
 
 
Status – Published in the Gazette on 3 December 2016.  Will come into operation on a date to be fixed by Proclamation.
 
 
 
THE POLICE (MEMBERSHIP OF TRADE UNION) ACT
(No. 25 of 2016)
 
 
The object of this Act is to allow members of the Police Force to unionise.
 
 
 
Status – Published in the Gazette on 3 December 2016.  Will come into operation on a date to be fixed by Proclamation.
 
THE SOCIAL INTEGRATION AND EMPOWERMENT ACT
(No. 26 of 2016)
 
 
The main object of this Act is to promote social integration and empowerment of persons living in absolute poverty within the philosophy of enhancing social justice and national unity.
 
2.         The Bill provides for the setting up of such empowerment programmes or schemes as may be necessary to –
 
(a)           combat absolute poverty;
 
(b)           provide support and other services to persons living in absolute poverty; and
 
(c)           support persons living in absolute poverty to integrate the mainstream society.
 
Status – Published in the Gazette on 10 December 2016.  Will come into operation on a date to be fixed by Proclamation.
 
 
THE PREVENTION OF TERRORISM (AMENDMENT) ACT
(No. 27 of 2016)
 
 
The object of this Act is to amend the Prevention of Terrorism Act to provide for the reinforcement of the legal framework against terrorism, and for related matters.
 
Status – Published in the Gazette on 17 December 2016.  Will come into operation on a date to be fixed by Proclamation.
 
 
THE CONSTITUTION (AMENDMENT) ACT
(No.28 of 2016)
 
 
The object of this Act is to amend the Constitution to provide for the imposition of restrictions on –
 
(a)           the movement within Mauritius;
 
(b)           the right of any person to leave Mauritius,
 
pursuant to an order of a Court or a Judge of the Supreme Court under such law, being a law relating to offences or acts of terrorism.
 
Status – Published in the Gazette on 17 December 2016.  Came into operation on 17 December 2016.
 
 
THE RODRIGUES REGIONAL ASSEMBLY (AMENDMENT) ACT
(No. 29 of 2016)
 
 
The main object of this Act is to reform the electoral system in Rodrigues by providing for –
 
(a)           a minimum number of candidates for election to the Regional Assembly to be of particular sex; and
 
(b)           a more equitable representation of parties in the Regional
Assembly.
 
2.         The Act accordingly amends the Rodrigues Regional Assembly Act and lays down that –
 
(a)           the Regional Assembly shall consist of –
 
(i)            12 local region members (2 for each of the 6 regions) elected on the first past the post basis;
 
(ii)           5 Island region members, instead of 6, elected under the current Proportional Representation (PR) system; and
 
(iii)       additional seats, where needed, to ensure an overall majority of 3 seats to the party which has won 7 or more local region seats;
 
(b)           each registered party presenting more than 2 candidates at an ordinary election shall ensure that not more than two thirds of the total number of candidates of that party in the 6 local regions are of the same
sex; and
 
(c)           a registered party may file a Party List which shall –
 
(i)         contain the names of not more than 12 persons;
 
(ii)        not include the name of a person –
 
(A)        whose name is included on any other list submitted by a registered party for election as a member for the Island region;
 
(B)        who is a registered party candidate for election as a member for a local region;
 
(iii)       not comprise more than two thirds of persons of the same
sex; and
 
(iv)       indicate the order of precedence of each of the candidates appearing on the list, provided that not more than 2 consecutive candidates on the list shall be of the same sex.
 
 
 
Status – Published in the Gazette on 17 December 2016.  Will come into operation on a date to be fixed by Proclamation.
 
 
 
THE CONSTITUTION (AMENDMENT N0. 2) ACT
(No. 30 of 2016)
 
 
The object of this Act is to amend the Constitution to provide for a minimum number of candidates for election to the Rodrigues Regional Assembly to be of a particular sex, with a view to ensuring adequate representation of each sex in the Rodrigues Regional Assembly.
 
Status – Published in the Gazette on 17 December 2016.  Came into operation on 17 December 2016.
 
 
THE CONSTRUCTION INDUSTRY DEVELOPMENT BOARD (AMENDMENT) ACT
(No. 31 of 2016)
 
 
 
The main object of this Act is to amend the Construction Industry Development Board Act so as to streamline and clarify some provisions of the Act.
 
Status – Published in the Gazette on 22 December 2016.  Will come into operation on a date to be fixed by Proclamation.
 
 
THE ADDITIONAL REMUNERATION (2017) ACT
(No. 32 of 2016)
 
 
The object of this Act is to provide for the payment of additional remuneration to employees of the private sector.
 
Status – Published in the Gazette on 22 December 2016.  Came into operation on 1 January 2017.
 
 
THE NON-CITIZENS (PROPERTY RESTRICTION) (AMENDMENT) ACT
(No. 33 of 2016)
 
 
The main object of this Act is to amend the Non-Citizens (Property Restriction) Act –
 
(a)           so as to allow any non-citizen to purchase or acquire residential apartments in a building of at least 2 floors above ground floor, on production of an authorisation from the Board of Investment granted after it has obtained the approval of the Minister to whom responsibility for the subject of internal affairs is assigned; and
 
(b)           to provide that the requirement for a non-citizen purchasing or acquiring immovable property for business purposes to be registered as an investor will no longer be required, subject to an authorisation from the Board of Investment granted after it has obtained the approval of the Minister to whom responsibility for the subject of internal affairs is assigned.
 
Status – Published in the Gazette on 22 December 2016.  Came into operation on 22 December 2016.
 
THE SUGAR INDUSTRY EFFICIENCY (AMENDMENT) ACT
(No. 34 of 2016)
 
The main object of this Act is to amend the Sugar Industry Efficiency Act
to –
 
(a)           prepare the sugar cane industry to face challenges in view of the abolition of European Union (EU) country sugar quotas;
 
(b)           implement measures destined to ensure the long-term viability of the sugar cane industry;
 
(c)           provide for the setting up of a Sugar Cane Sustainability Fund for the purpose of fostering the production of sugar cane and bagasse;
 
(d)           lay the foundations for Mauritius to transit to a low carbon economy by, inter alia, providing for the use of lower carbon emission fuel in the transport sector;
 
(e)           empower the Mauritius Cane Industry Authority to develop –
 
(i)            a Renewable Sugar Cane Industry Based Biomass Framework to enable the country to best fulfil its international commitments;
 
(ii)           (ii) an Ethanol and Molasses Framework to allow the mandatory blending of ethanol and mogas;
 
(iii)          (iii) a Sugar Based Agro-Industry Framework to promote a sugar based agro-industry and generate value added sugar or other sugar products through the use of local raw materials;
 
(f)            ensure that consumers secure quality sugar-based products which comply with international norms;
 
(g)           make better provisions for revenue accruing to planters from molasses and the allocation of molasses between distilleries;
 
(h)           make better provisions with respect to land conversion; and
 
(i)            provide for the implementation of the award of 31 July 2015 of the Arbitration Panel regarding seasonal labour in the sugar cane industry.
 
2.         Opportunity is being taken to make other amendments to the Act to remove obstacles in the way of business facilitation, more particularly in respect to land conversion.
 
3.         Opportunity is also being taken to amend other Acts in line with the objectives of this Bill, including the need to re-engineer the Mauritius Cane Industry Authority and to ensure the long-term viability of the sugar cane cluster.
 
Status – Published in the Gazette on 22 December 2016.  Will come into operation on a date to fixed by Proclamation.
 
 
 
THE SPORTS ACT
(No. 35 of 2016)
 
 
The main object of this Act is to repeal the Sports Act 2013 and to replace it by a new Sports Act so as to facilitate the promotion and sustainable development of sports through better management of sports organisations, the creation of an appropriate environment for encouraging participation and achieving excellence in sports, as well as for the healthy development of our citizens, and for related matters.
 
2.         The Act, inter alia –
 
(a)        provides for rights and obligations of athletes;
 
(b)        makes better provision for the registration and functioning of National Sports Federations;
 
(c)        improves the regulation and management of National Sports Federations;
 
(d)        provides for a National Anti-Doping Organisation and a National Council for Sports in Schools and Universities.
 
Status – Published in the Gazette on 24 December 2016.  Will come into operation on a date to be fixed by Proclamation.