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

Acts and Bills 2017


 

BILLS 2017:
 
 
BILL NO. 1 (LAND DRAINAGE AUTHORITY BILL)
BILL NO. 2 (MAURITIUS INSTITUTE OF EDUCATION (AMENDMENT) BILL)

BILL NO. 3 (SHOOTING AND FISHING LEASES (AMENDMENT) BILL)

BILL NO. 12 (NATIONAL EMPLOYMENT BILL)
BILL NO. 13 (COPYRIGHT (AMENDMENT) BILL)​
​BILL NO. 14 (CODE DE COMMERCE (AMENDMENT) BILL)
​BILL NO. 15 (SMALL AND MEDIUM ENTERPRISES BILL)
​BILLNO. 16 (EQUAL OPPORTUNITIES (AMENDMENT) BILL)
BILL NO. 17 (MAURITIUS INSTITUTE OF HEALTH (AMENDMENT) BILL)
BILL NO. 18 (BUS INDUSTRY EMPLOYEES WELFARE FUND (AMENDMENT) BILL)
BILL NO. 19 (DATA PROTECTION BILL)
BILL NO. 20 (HIGHER EDUCATION BILL)
BILL NO. 21 (ADDITIONAL REMUNERATION AND OTHER ALLOWANCES 2018 BILL)
BILL NO. 22 (NATIONAL FLAG (AMENDMENT) BILL)
BILL NO. 23 (CCW BILL)
BILL NO. 24 (LANDLORD AND TENANT (AMENDMENT) BILL)

 

 

Acts 2017:
 
 
 
LAND DRAINAGE AUTHORITY ACT
(No. 1 of 2017)
 
 
The object of this Act is to establish a Land Drainage Authority which shall, inter alia, be responsible for –
 
(a)           the development and implementation of a land drainage master plan;
 
(b)           carrying out an inventory and mapping of all the existing natural and manmade drainage infrastructure;
 
(c)           identifying, in collaboration with the local authorities, the National Development Unit, the Road Development Authority, the National Disaster Risk Reduction and Management Centre and any other relevant stakeholder, flood risk areas;
 
(d)           coordinating the construction of drainage infrastructure by the local authorities, the National Development Unit, the Road Development Authority and any other relevant stakeholder;
 
(e)           ensuring that there is a routine and periodic upgrading and maintenance of the drainage infrastructure.
 
Status – Published in the Gazette 29 April 2017.  Shall come into operation on a date to be fixed by Proclamation
 
 
 
 
THE MAURITIUS INSTITUTE OF EDUCATION (AMENDMENT) ACT
(No. 2 of 2017)
 
 
The main object of this Act is to upgrade the Mauritius Institute of Education into a degree awarding institution and to make provision for matters ancillary thereto.
 
Status – Published in the Gazette 29 April 2017.  Shall come into operation on a date to be fixed by Proclamation
 
    
THE SHOOTING AND FISHING LEASES (AMENDMENT) ACT
(No. 3 of 2017)
 
 
The main object of this Act is to amend the Shooting and Fishing Leases Act to empower the Minister to make regulations.
 
Status – Published in the Gazette 13 May 2017.  Come into operation on 13 May 2017.
  

THE BUSINESS FACILITATION (MISCELLANEOUS PROVISIONS) ACT
(No. 4 of 2017)
 
 
The object of this Act is to provide for amendments to the legislative framework that are necessary for the removal of constraints in relation to permits, licences, authorisations and clearances to further facilitate the doing of business, and for related matters.
 
Status – Published in the Gazette 20 May 2017.  Partly came into operation on 20 May 2017. Sections 26(a) and (b) came into operation on 1 December 2016 and partly shall come into operation by proclamation.
 
 
THE SUPPLEMENTARY APPROPRIATION (2015-2016) (No. 2) ACT
 
(No. 5 of 2017)
 
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 and Supplementary Appropriation (2015-2016) Act 2016.
 
 
Status – Published in the Gazette on 17 June 2017.  Came into operation on 17 June 2017
 
 
 
THE APPROPRIATION (2017-2018) ACT
 
(No 6 of 2017)
 
 
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 2017-2018 and for the appropriation of those sums by votes of expenditure.
 
 
Status – Published in the Gazette on 30 June 2017.  Came into operation on 30 June 2017
 
 
THE EXTRADITION ACT
(No. 7 of 2017)
 
 
The object of this Act is to make better provision for the extradition of persons from, and to, Mauritius.
 
2.         The present Extradition Act, which dates back to 1970, has become outdated. It makes a distinction between Commonwealth and non-Commonwealth countries in matters of extradition. It can be inferred from that Act that an extradition treaty should necessarily exist between Mauritius and non-Commonwealth countries for the purpose of extradition.
 
3.         With a view to enabling and facilitating extradition even in the absence of treaties, the Extradition Act is being repealed and replaced by a new legislation to do away with the distinction which exists between Commonwealth and non-Commonwealth countries, to simplify extradition procedures and to promote cooperation, without for that matter neglecting to make adequate allowance for the rights of persons whose extradition or arrest is sought.
 
4.         The Bill will, inter alia –
 
(a)           place all foreign States on the same footing regarding extradition of persons from Mauritius;
 
(b)           make special provision for offences of a fiscal or military nature;
 
(c)           make particular reference to counterterrorism conventions;
 
(d)           bring out more clearly the dual criminality requirement for extradition;
 
(e)           afford better protection against extradition from Mauritius to citizens of Mauritius;
 
(f)            enable the Attorney-General to refuse to grant, in the public interest, a request for the extradition of a person from Mauritius; and
 
(g)           generally provide better guidance to the relevant authorities that are required to deal with requests for extradition.
 
Status – Published in the Gazette on 8 July 2017.  Will come into operation on a date to be fixed by Proclamation
 
 
​  
OUTER ISLANDS DEVELOPMENT CORPORATION (AMENDMENT) ACT
(No. 8 of 2017)
 
 
The object of this Act is to amend the Outer Islands Development Corporation Act with a view to providing for a representative of the Ministry responsible for the subject of Outer Islands to be a member of the Outer Islands Development Board, and to provide for matters incidental thereto.
 
 
Status – Published in the Gazette on 8 July 2017.  Came into operation on 8 July 2017
 
 
 
THE ALLIED HEALTH PROFESSIONALS COUNCIL ACT
(No. 9 of 2017)
 
 
The object of this Act is to provide for the establishment of the Allied Health Professionals Council of Mauritius with a view to regulating allied health professionals such as audiologists, chiropractors, clinical scientists, counsellors, dietitians, radiographers, medical laboratory technologists, nutritionists, occupational therapists, orthopaedic technicians, osteopaths, physiotherapists, podiatrists, psychologists, psychomotor therapists, psychotherapists, speech therapists and sports therapists.
 
2.         The Act accordingly provides that the Council will, inter alia –
 
(a)           register allied health professionals;
 
(b)           regulate the professional conduct of allied health professionals;
 
(c)           promote the advancement of allied health professions; and
 
(d)           approve, conduct or cause to be conducted training courses, programmes, lectures, seminars or conferences, including continuing professional development courses or programmes, for allied health professionals.
 
 
Status – Published in the Gazette on 15 July 2017.  Will come into operation on a date to be fixed by Proclamation.
 
THE FINANCE (MISCELLANEOUS PROVISIONS) ACT
(No. 10 of 2017)
 
 
The object of this Act is to provide for the implementation of measures announced in the Budget Speech 2017-2018 and for matters connected, consequential or incidental thereto.
 
 
Status – Published in the Gazette on 24 July 2017.  Came into operation on 24 July 2017 except from those mentioned in section 61.
THE ECONOMIC DEVELOPMENT BOARD ACT
(No. 11 of 2017)
 
 
The object of this Act is to consolidate, reform and streamline the law relating to investment promotion and to provide for the establishment of the Economic Development Board as a body corporate which shall, inter alia –
 
(a)           provide strong institutional support for strategic economic planning and ensure greater coherence and effectiveness in economic policy formulation;
 
(b)           promote Mauritius as an attractive investment and business centre, a competitive export platform as well as an international financial centre;
 
(c)           act as the main institution responsible for country branding for investment promotion; and
 
(d)           facilitate both inward and outward investment and ensure a conducive business environment.
 
Status – Published in the Gazette on 27 July 2017.  Sections 1,2 3, 4, 5(1)(a) to (e), 6 to 12, 28, 30 to 34 and 36 to 40 came into operation on 7 August 2017.
THE NATIONAL EMPLOYMENT ACT
(No. 12 of 2017)
 
Explanatory Memorandum
 
The object of this Act is to repeal the Employment and Training Act and enact a more appropriate and modern legislative framework in order to address the needs of the labour market, including skills mismatch, underemployment, unemployment and future employment prospects, and to anticipate future needs and expectations of individuals and employers.
 
2.         The Act will provide for a National Employment Department which will takeover the functions and powers of the Employment Service of the Ministry and will, inter alia –
 
(a)           promote employment;
 
(b)           facilitate the employment of job seekers and ensure that job seekers are able to find employment that meet their aspirations;
 
(c)           provide assistance and guidance with regard to employment prospects, including future employment prospects;
 
(d)           provide labour market information on the demand and supply of skills to local employers, job seekers and training institutions;
 
(e)           promote placement and training of job seekers, including young persons and persons with disabilities, through approved programmes;
 
(f)            promote labour migration;
 
(g)           encourage and promote home-based work.
 
Status – Published in the Gazette on 11 November 2017.  Will come into operation on a date to be fixed by Proclamation.
THE COPYRIGHT (AMENDMENT) ACT
(No. 13 of 2017)
 
Explanatory Memorandum
 
The object of this Act is to amend the Copyright Act in order to, inter alia –
 
(a)           make better provisions regarding phonograms;
 
(b)           increase the length of the duration of copyright;
 
(c)           make better provisions regarding the payment of equitable remuneration; and
 
(d)           replace the Rights Management Society by the Mauritius Society of Authors and provide for the procedure regarding its membership.
 
2.         Opportunity is also being taken to clarify some provisions of the Act.
 
 
Status – Published in the Gazette on 23 November 2017.  Will come into operation on a date to be fixed by Proclamation.
THE CODE DE COMMERCE (AMENDMENT) ACT
(No. 14 of 2017)
 
Explanatory Memorandum
 
The main object of this Act is to amend the Code de Commerce in order togive effect to the Convention for the Unification of Certain Rules for International Carriage by Air (the “Montreal Convention 1999”) relating to airline liability in caseof death or injury to passengers and of delay, damage or loss of baggage and cargo.
 
2.         The opportunity has been taken –
 
(a)        to update the existing provisions of the Code de Commerce relating
to –
 
(i)            liability for damage caused by moving aircrafts; and
 
(ii)           mortgages and privileges in respect of aircrafts in the light of the corresponding provisions in the French Code de l’Aviation Civile; and
 
(b)        to make provisions relating to the seizure of aircrafts.
 
 
 
Status – Published in the Gazette on 23 Noovember 2017.  Will come into operation on a date to be fixed by Proclamation.
THE EQUAL OPPORTUNITIES (AMENDMENT) ACT
(No. 15 of 2017)
 
Explanatory Memorandum
 
The object of this Act is to amend the Equal Opportunities Act to provide for the prohibition of discrimination in employment on the grounds of a person’s criminal record, both at recruitment and promotion level, where a person’s criminal record is not relevant to the nature of his employment.
 
Status – Published in the Gazette on 21 November 2017.  Came into operation on 23 November 2017.
THE SMALL AND MEDIUM ENTERPRISES ACT
(No. 16 of 2017)
 
Explanatory Memorandum
 
The object of this Act is to repeal the Small and Medium Enterprises Development Authority Act and replace it by a modern, more business friendly and appropriate legislative framework for the small and medium enterprises sector. Consequently, the Small and Medium Enterprises Development Authority (SMEDA) shall cease to exist and the functions of SMEDA shall be taken by SME Mauritius Ltd, a Government-owned company incorporated and registered under the Companies Act.
 
2.         The Act further provides, inter alia, for a Registrar of small and medium enterprises, a public officer from the Ministry, who shall –
 
(a)           be responsible for the registration of SMEs;
 
(b)           upon request by a person who intends to set up an enterprise having a project value not exceeding 20 million rupees, provide support and information to facilitate the obtention of any registration, permit, licence, authorisation or clearance which the enterprise may require.
 
 
 
Status – Published in the Gazette on 14 December 2017.  Will come into operation on a date to be fixed by Proclamation.
THE MAURITIUS INSTITUTE OF HEALTH (AMENDMENT) ACT
(No. 17 of 2017)
 
Explanatory Memorandum
 
The object of this Act is to amend the Mauritius Institute of Health Act to revamp its role and provide for related matters.
 
 
 
Status – Published in the Gazette on 14 December 2017.  Will come into operation on a date to be fixed by Proclamation.
THE BUS INDUSTRY EMPLOYEES WELFARE FUND (AMENDMENT) ACT
(No. 18 of 2017)
 
Explanatory Memorandum
 
The object of this Act is to amend the Bus Industry Employees Welfare Fund Act so as –
 
(a)           to provide for an increase in the rate of monthly contribution payable to the Bus Industry Employees Welfare Fund by bus operators and employees of the bus industry; and
 
(b)           give the Minister the power to amend, after consultation with the Board, the Schedules by way of regulations.
 
 
Status – Published in the Gazette on 14 December 2017.  Will come into operation on a date to be fixed by Proclamation.
THE ADDITIONAL REMUNERATION AND OTHER ALLOWANCES (2018) ACT
(No. 19 of 2017)
 
Explanatory Memorandum
 
The object of this Act is to provide for the payment of –
 
(a)        an additional remuneration to employees of the private sector; and
 
(b)        an allowance to certain categories of employees.
 
 
 
Status – Published in the Gazette on 23 December 2017.  Will come into operation on 1 January 2018.
THE DATA PROTECTION ACT
(No. 20 of 2017)
 
Explanatory Memorandum
 
The object of this Act is to repeal the Data Protection Act and replace it by a new and more appropriate legislation which will strengthen the control and personal autonomy of data subjects over their personal data, thereby contributing to respect for their human rights and fundamental freedoms, in particular their right to privacy, in line with current relevant international standards, in particular the European Union’s General Data Protection Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
 
2.         The Bill also seeks, inter alia, to –
 
(a)        simplify the regulatory environment for business in our digital economy; and
 
(b)        promote the safe transfer of personal data to and from foreign jurisdictions, given the diversification, intensification and globalisation of data processing and personal data flows.
 
 
 
Status – Published in the Gazette on 23 December 2017.  Came into operation on 23 December 2017.
THE NATIONAL FLAG (AMENDMENT) ACT
(No 21 of 2017)
 
Explanatory Memorandum
 
The object of this Act is to amend the National Flag Act 2015 –
 
(a)        to afford better legal protection to our national flag; and
 
(b)        to provide that on the occasion of Independence Day and Republic Day, or such other national event as may be prescribed, a person may exhibit a flag as the national flag or exhibit on any item or article an image of the national flag as the national flag –
 
(i)         without that flag, or any image of the national flag, complying with the proportion of 3 horizontally to 2 vertically; but
 
(ii)        subject to that flag, or image of the national flag, being displayed horizontally and bearing the colours red, blue, yellow and green in that order.
 
 
Status – Published in the Gazette on 23 December 2017.  come into operation on 23 December 2017.
THE LANDLORD AND TENANT (AMENDMENT) ACT
(No.22 of 2017)
 
Explanatory Memorandum
The object of this Act is to amend the Landlord and Tenant Act in order to extend to 31 December 2020 the period up to which the Act shall continue to apply to business premises let on or before 1 July 2005.
 
 
 
Status – Published in the Gazette on 23 December 2017.  Came into operation on 23 December 2017.
THE HIGHER EDUCATION ACT
(No. 23 of 2017)
 
Explanatory Memorandum
 
The object of this Act is to repeal the Tertiary Education Commission Act and enact a reformed, modern and appropriate legislative framework so as to ensure better control and regulation of the higher education sector in Mauritius.
 
2.         The Act provides for a Higher Education Advisory Council which shall, inter alia, advise the Government on policies for the effective direction, promotion and development of higher education.
 
3.         The Act further provides for the establishment of a Higher Education Commission and a Quality Assurance Authority which will take over the functions and powers of the Tertiary Education Commission, as the case may be.
 
4.         The Higher Education Commission shall, inter alia, monitor and oversee the higher education sector and be responsible for the registration of institutions offering higher education and for the accreditation of their programmes, whereas the Quality Assurance Authority shall, inter alia, promote and maintain quality and sound standards in higher education through appropriate quality assurance mechanisms.
 
 
Status – Published in the Gazette on 28 December 2017.  Will come into operation on a date to be fixed by Proclamation.