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

Acts And Bills 2018


BILLS 2018:

BILL NO. 1 (JUDICIAL AND LEGAL PROVISIONS BILL)
​BILL NO. 2 (POUCE STREAM (AUTHORISED CONSTRUCTION) (AM) BILL)
​BILL NO. 3 (REFORM INSTITUTIONS (AMENDMENT) BILL)
​BILL NO. 4 (CODE DE COMMERCE(AMENDMENT) BILL)
​​BILL NO. 5 (HUMAN TISSUE (REMOVAL PRESERVATION AND TRANSPLANT) BILL)
BILL NO. 6 (USE OF PESTICIDES BILL)
BILL NO.7 APPROPRIATION (2018-2019) BILL)
BILL NO. 8 (SUPPLEMENTARY APPROPRIATION BILL)
BILL NO. 9 (LOCAL GOVERNMENT (AMENDMENT) BILL)
BILL NO. 10 (ROAD TRAFFIC (AMENDMENT) BILL)
​BILL NO. 11 (FINANCE (MISCELLANEOUS PROVISIONS) BILL)
BILL NO. 12 (ACQUISITIVE PRESCRIPTION BILL)
​BILL NO. 13 (CODE CIVIL MAURICIEN (AMENDMENT) BILL)
 

 

 

 
 
 

ACTS 2018:

 

THE CONVENTION ON PROHIBITIONS OR RESTRICTIONS ON THE USE OF CERTAIN CONVENTIONAL WEAPONS WHICH MAY BE DEEMED
TO BE EXCESSIVELY INJURIOUS OR TO HAVE
INDISCRIMINATE EFFECTS ACT
(No. 1 of 2018)
 
Explanatory Memorandum
 
The objects of this Actl are to –
 
(a)            give effect to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects, and to its Protocols;
 
(b)            provide for the protection of civilians and civilian populations, as well as for post-armed conflict measures.
 
                  Status – Published in the Gazette on 7 April 2018.  Will come into operation on a date to be fixed by  Proclamation.

 

POUCE STREAM (AUTHORISED CONSTRUCTION) (AMENDMENT) ACT
(No. 2 of 2018)
 Explanatory Memorandum
 
The object of this Act is to amend the Pouce Stream (Authorised Construction) Act
in order to provide for the construction of a cantilevered multi-storeyed building over part of the
Pouce Stream.
 
Status – Published in the Gazette on 21 April 2018.  Will come into operation on a date to be fixed by Proclamation.

 

THE JUDICIAL AND LEGAL PROVISIONS ACT
(No. 3 of 2018)
 Explanatory Memorandum
 The object of this Act is to amend a number of enactments with a view to, inter alia, improving the administration of justice in Mauritius.
 
2.         The Act, in particular, provides – 

(a)         for an increase in the threshold for converting a fine to a community service order from 30,000 rupees to 50,000 rupees;

 
(b)         for the conferring of statutory powers on the Supreme Court regarding contempt in the face of the Court, refusing to give evidence in Court and giving false evidence under oath;
 
(c)         for an increase in the sentence, where a witness for the prosecution fails to appear before the Court, from 100 rupees to a fine not exceeding 100,000 rupees and to a term of imprisonment not exceeding 2 years;
 
(d)         for the review of the offence of outrage against the public and religious morality and the offence of stirring up contempt or racial hatred so as to criminalise such offences committed through electronic means, and to provide for stiffer penalties;
 
(e)          for an increase in the time limit for payment of a fine from 12 months to 2 years;
 
(f)          that a person sentenced to a term of imprisonment or penal servitude shall, subject to certain conditions, be given full credit for the time he has spent in custody by deducting that time from the term of imprisonment or penal servitude imposed;
 
(g)          that a convicted person who has, so far, not benefitted from full credit for the time he has spent in custody, may petition the President under section 75 of the Constitution with a view to obtaining full credit for the time he has spent in custody;
 
(h)          for an increase in the number of counts to 10 in an information lodged before a District Court; 2
 
(i)           that the Court may order the destruction of any goods used in, or giving rise to, an act of unfair practice;
 
(j)           that the Central Authority may, for the purposes of the Mutual Assistance in Criminal and Related Matters Act, make use of the services of public officers designated for that purpose by the Secretary to Cabinet and Head of the Civil Service;
 
(k)         for the amendment to the Sale of Immovable Property Act to provide –
(i)                that a commandement which is to be served in a case of seizure of immovable property shall, in lieu of the visa of the Ministère Public or the visa of the District Clerk, require the visa of the Chief Court Usher of the Supreme Court;
(ii)              for the publication of a notice under section 222 in one daily newspaper published and distributed in Rodrigues where the property subject matter of the sale is situated in Rodrigues,
 
and for matters related thereto.
 
Status – Published in the Gazette on 5 May 2018.  Will come into operation on a date to be fixed by Proclamation.

 

THE REFORM INSTITUTIONS (AMENDMENT) ACT
(No. 4 of 2018)
Explanatory Memorandum
The object of this Act is to amend the Reform Institutions Act so as to –
(a)            do away with the system of automatic remission whereby convicted persons were eligible to be discharged after having served two thirds of the period of sentence and to replace it with a new system of earned remission with a view to encouraging convicted persons to earn maximum remission not exceeding one third of the period of sentence where, during their term of imprisonment, they are of good conduct by not committing any prison default;
 
(b)            toughen the law against officers of the Mauritius Prisons Service, detainees and persons working in reform institutions who are convicted under the Act; and
 
(c)            provide that where, during his term of imprisonment, a detainee commits an offence under the Act, that detainee shall, on conviction for that offence, be ordered to serve immediately after the expiry of the sentence for which he was detained, any sentence imposed upon him by the Court.
 
Status – Published in the Gazette on 26 May 2018.  Will come into operation on a date to be fixed by Proclamation.

 

 

THE HUMAN TISSUE (REMOVAL, PRESERVATION AND TRANSPLANT) ACT

(No. 5 of 2018)
Explanatory Memorandum
 
The object of this Act is to repeal the Human Tissue (Removal, Preservation and Transplant) Act and the Human Tissue (Removal, Preservation and Transplant) (Amendment) Act 2013 and to replace them by a new and revised legislation which provides a better legal framework for the removal, preservation and transplant of human tissue, other than blood, under appropriate medical supervision.
 
2.         The new legislation, inter alia –
(a)         provides that–
(i)             no person shall donate any tissue, whether belonging to himself or to any other person, unless he obtains the approval of the Tissue Donation, Removal and Transplant Board;
(ii)            no person, other than an authorised specialist, shall remove any tissue, or cause or permit any tissue to be removed from, the body of a person unless conditions are satisfied;
(iii)           no person, other than an authorised specialist, shall perform a transplant;
(b)         removes the current restriction applicable in the case of donation of tissue by living or deceased persons for the purpose of a transplant to the body of any other person; and
(c)         provides that no removal of tissue, for the purpose of a transplant to an intended recipient, shall be allowed from the body of a person who is incapable, by reason of mental impairment, of agreeing to make a donation.
 
 
Status – Published in the Gazette on 2 June 2018.  Will come into operation on a date to be fixed by Proclamation.

 

THE SUPPLEMENTARY APPROPRIATION (2017-2018) ACT
(No.6 of 2018)
Explanatory Memorandum
The object of this Act is to provide for the supplementary appropriation, by vote of expenditure, in respect of services of Government for the financial year 2017-2018, in excess of the expenditure appropriated by the Appropriation (2017-2018) Act 2017.
Status – Published in the Gazette on 23 June 2018.  Came into operation on 23 June 2018.

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THE APPROPRIATION (2018-2019) ACT
(No 7 of 2018)
 
Explanatory Memorandum
 
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 2018-2019 and for the appropriation of those sums by votes of expenditure.
 
Status – Published in the Gazette on 29 June 2018.  Came into operation on 29 June 2018.


THE USE OF PESTICIDES ACT
(No. 8 of 2018)
 
Explanatory Memorandum
 
The main object of this Act is to regulate, control and monitor the importation and use of pesticides in or on certain fresh fruits, plants, seeds or vegetables with a view to, inter alia, minimising risks to human health and the environment.
 
Status – Published in the Gazette on 19 July 2018.  Will come into operation on a date to be fixed by Proclamation.

 

THE CODE DE COMMERCE (AMENDMENT) ACT
(No. 9 of 2018)
 
Explanatory Memorandum
 
The object of this Act is to amend the Code de Commerce to allow the use of the value of a commercial business as a whole, including leasehold rights, trade name, intellectual property rights and goodwill but excluding the value of freehold property as collateral and enhance access to credit.
 
Status – Published in the Gazette on 2 August 2018.  Will come into operation on a date to be fixed by Proclamation 

 

 THE LOCAL GOVERNMENT (AMENDMENT) ACT
(No. 10 of 2018)
 
Explanatory Memorandum
 
The main object of this Act is to amend the Local Government Act to provide for the implementation of measures announced in the Budget Speech 2018-2019 as regards illegal constructions and developments.
 
2.         The Act, accordingly, provides for –
 
(a)            the harmonisation and strengthening of legal provisions pertaining to illegal constructions and developments, and give more powers to local authorities;
(b)            the increase of penalties for illegal constructions and developments;
(c)            mandatory pulling down orders by District Courts for illegal constructions and developments; and
(d)            related matters.
Status – Published in the Gazette on 2 August 2018.  Will come into operation on a date to be fixed by Proclamation.

 

 THE FINANCE (MISCELLANEOUS PROVISIONS) ACT

(No. 11 of 2018)
Explanatory Memorandum
The object of this Act is to provide for the implementation of measures announced in the Budget Speech 2018-2019 and for matters connected, consequential or incidental thereto.
Status – Published in the Gazette on 9 August 2018.  Came into operation 9 August 2018.  ( See section 71 of Act).

 

 

THE ROAD TRAFFIC (AMENDMENT) ACT
(No. 12 of 2018)
 
Explanatory Memorandum
 
The main object of this Act is to amend the Road Traffic Act so as to –
 
(a)            do away with the present regime of Fixed Penalty Notice (FPN) whereby a person had the option to elect either to accept an FPN or to be reported with a view to proceedings being taken against him before a Court and to replace it with a more efficient regime whereby a person who refuses an FPN shall nevertheless be served with the FPN, the reason being that many persons who have refused the FPN later make requests to be issued with the FPN, which is currently not possible;
(b)            provide for the disqualification of a person where he is convicted of 5 cumulative road traffic offences, in lieu of 6;
(c)            consolidate the list of offences in relation to which an FPN may be served;
(d)            criminalise, inter alia, the possession, manufacture, sale, use, alteration or forgery of permits issued under the Act and parking coupons, with intent to deceive;
(e)            increase the fine, in respect of a person who, whilst being disqualified from holding or obtaining a driving licence or provisional driving licence or is disqualified from driving in Mauritius, is found to be driving on a road, from a maximum of 2,000 rupees to a fine of not less than 50,000 rupees and not exceeding 100,000 rupees;
(f)            increase fines in respect of other road traffic offences, including speeding;
(g)            review the prescribed limit for alcohol concentration in the blood, breath and urine; and 2
(h)            provide for related matters.
 
Status – Published in the Gazette on 11 August 2018.  Will come into operation on a date to be fixed by Proclamation.