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

Acts and Bills 2013


BILLS 2013:
 
THE SUPPLEMENTARY APPROPRIATION (2013) BILL
THE SPORTS BILL  
THE REVENUE AND VALUATION APPEAL TRIBUNAL (AMENDMENT) BILL
THE LOCAL GOVERNMENT (AMENDMENT) BILL  
THE FOOD AND AGRICULTURAL RESEARCH AND EXTENSION INSTITUTE BILL
THE FINANCE (MISCELLANEOUS PROVISIONS) BILL  
THE ECONOMIC AND FINANCIAL MEASURES (MISCELLANEOUS PROVISIONS) BILL

THE COPYRIGHT BILL  

THE ADDITIONAL REMUNERATION (2014) BILL

SUPPLEMENTARY APPROPRIATION (2013) BILL  

APPROPRIATION (2014) BILL
ANIMAL WELFARE BILL

BANKING (AMENDMENT) BILL  

FASHION AND DESIGN (AMENDMENT) BILL 

HUMAN TISSUE (REMOVAL,PRESERVATION AND TRANSPLANT) (AMENDMENT) BILL

INTERNATIONAL ARBITRATION (MISCELLANEOUS PROVISIONS)BILL  (No 8 of 2013)

MAURITIUS FIRE AND RESCUE SERVICE BILL
THE MAURITIUS SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (TEMPORARY PROVISIONS) BILL
NATURAL AGRICULTURAL PRODUCTS REGULATORY OFFICE BILL
NATIONAL ASSEMBLY ALLOWANCES (AMENDMENT) BILL
POLICE AND CRIMINAL EVIDENCE BILL
PRESIDENT'S EMOLUMENTS AND PENSION (AMENDMENT) BILL
REVENUE AND VALUATION APPEAL TRIBUNAL BILL
SEEDS BILL
SUGAR INDUSTRY EFFICIENCY (AMENDMENT) BILL
 
CIVIL ESTABLISHMENT (AMENDMENT) BILL
CRIMINAL APPEAL (AMENDMENT) BILL
 
IMMIGRATION (AMENDMENT) BILL
NATIONAL IDENTITY CARD (MISCELLANEOUS PROVISIONS) BILL
 
Acts 2013:
THE ADDITIONAL REMUNERATION (2014) ACT 2013
(No. 29 of 2013)
 
 
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 21 December 2013. Came into operation on 1 January 2014.
 
THE APPROPRIATION (2014) ACT
(No. 24 of 2013) 
 
The object of this Act is to provide for the issue from the Consolidated Fund of the sums necessary to meet the expenditure of Mauritius for the financial year 2014 and for the appropriation of those sums by programmes. 
 
Status – Published in the Gazette on 14 December 2013. Came into operation on
14 December 2013. 
THE ECONOMIC AND FINANCIAL MEASURES
(MISCELLANEOUS PROVISIONS) ACT
(No. 27 of 2013)
The object of this Act is to provide for the implementation of measures announced in the Budget Speech 2014 relating to economic and financial matters and for other miscellaneous economic and financial measures and related measures
 
Status – Published in the Gazette on 21 December 2013.  Came into operation on
 21 December (except for those sections mentioned in section 47).
 
THE FINANCE (MISCELLANEOUS PROVISIONS) ACT
(No. 26 of 2013)
The object of this Act is to provide for the implementation of measures announced in the Budget Speech 2014 relating to taxation and national finance, and for matters consequential or incidental thereto.
 
Status – Published in the Gazette on 21 December 2013.  Came into operation on
21 December (except for those sections mentioned in section 32).
THE FOOD AND AGRICULTURAL RESEARCH AND EXTENSION INSTITUTE ACT
(No. 21 of 2013)
 
 
The object of this Act is to provide for the establishment of the Food and Agricultural Research and Extension Institute.
 
2.         The Institute shall –
 
(a)        take over the functions and powers of the Food and Agricultural Research Council, including its Agricultural Research and Extension Unit;
 
(b)        perform such other functions as may be imposed, and exercise such other powers as may be conferred on it, under this Act.
 
3.         The Institute shall be mainly responsible for –
 
(a)        introducing, developing and promoting novel technologies in the food and non-sugar agricultural sector;
 
(b)        conducting research in non-sugar agriculture, food production and forestry;
 
(c)        conducting extension and advisory activities in non-sugar crops, livestock, food production and agribusiness;
 
(d)        co-ordinating, monitoring and evaluating research programmes and projects of different institutions engaged in non-sugar agriculture, forestry and food production;
 
(e)        setting research priorities in line with the needs of the food and
non-sugar agricultural sector;
 
(f)         promoting dissemination and practical application of the results of any research;
 
(g)        setting up and managing research stations, model farms, greenhouses, hydroponic centres and other infrastructure for the purposes of promoting food and non-sugar agricultural
technologies; and
 
(h)        promoting and encouraging non-sugar agricultural and agribusiness development.
 
Status – Published in the Gazette on 31 October 2013.Shall come into operation on a date to be fixed by Proclamation.
THE LOCAL GOVERNMENT (AMENDMENT) ACT
(No. 23 of 2013)
 
 
The objects of this Actare to provide –
 
(a)        for the filling, by means of a by-election, of the vacancy which has occurred in the office of a Village Councillor following the declaration by the Supreme Court that, at the Village Council election held in 2012, a Councillor was unduly elected and his election was
invalid; and
 
(b)        that, where, in future, a vacancy occurs for the same reason in the office of a Municipal City Councillor, Municipal Town Councillor or Village Councillor, as the case may be, the vacancy shall be filled by the unreturned candidate who obtained the highest number of votes after the elected candidates at the election.
 
Status – Published in the Gazette on 7 December 2013.  Came into operation on
28 June2013.
THE SPORTS ACT
(No. 28 of 2013)
 
 
The main object of this Act is to repeal and re-enact the law relating to sports in Mauritius. A modern and appropriate legislative framework has been rendered necessary with a view to promoting better management and organisation of sports in Mauritius, in line with the Olympic Charter.
 
2.         The Act –
 
(a)        abolishes the Regional Sports Coordinating Committee;
 
(b)        makes provision to prevent the proliferation of fictitious federations and sports clubs;
 
(c)        provides for the regulatory framework for the setting up of semi-professional clubs and association of semi-professional clubs;
 
(d)        provides for the autonomy of National Sports Federations;
 
(e)        replaces the Mauritius Institute for Drug-Free Sports by a National Commission for Drug-Free Sports with the same objective of promoting participation in sports free from the use of prohibited substances, but with a more simple and flexible mechanism to conduct its activities, and which will lay more emphasis on education and prevention in anti-doping, taking into account the latest developments at international level;
 
(f)         provides for the setting up of the National Women’s Sports Commission which shall, inter alia, encourage and promote the practice of sports by women, and in particular, schoolgirls;
 
(g)        establishes the National Institute of Sports which shall –
 
(i)         act as the main centre for the consolidation and development of the sports community through education and training, and for the exchange of information in the field of sports; and
 
(ii)        promote and develop capacity building and sports leadership;
 
(h)        provides for –
 
(i)         the setting up of an arbitration mechanism at the level of National Sports Federations and the Mauritius Olympic Committee;
 
(ii)        a Sports Arbitration Tribunal which shall adjudicate on any dispute relating to sports referred to it by any person who feels aggrieved by a decision of the Mauritius Olympic Committee, a National Sports Federation, a Multisport Organisation, a regional sports committee, a sports club, an association of semi-professional clubs, a licensee, any member, referee, coach or other official of a sports organisation;
 
(iii)       the appointment of an Ombudsperson for Sports to encourage voluntary and amicable settlement of disputes relating to sports;
 
(i)         sets up a Sports Development Council to advise the Minister on all matters relating to the promotion and development of sports at regional or national level; and
 
(j)         provides for the promotion of multiculturalism and social cohesion by all sports organisations.
 
 
 
Status – Published in the Gazette on 21 December 2013.  Shall come into operation on a date to be fixed by Proclamation.
THE SUPPLEMENTARY APPROPRIATION (2012) ACT 2013
(No. 22 of 2013)
 
 
The object of this Act is to provide for the supplementary appropriation, by programmes, of the expenditure of Mauritius, in respect of the financial year 2012, in excess of the expenditure appropriated for certain programmes by the Appropriation (2012) Act 2011.
 
 
Status – Published in the Gazette on 16 November 2013. Came into operation on
16 November 2013.
THE SUPPLEMENTARY APPROPRIATION (2013) ACT
(No. 25 of 2013)
 
 
The object of this Act is to provide for the supplementary appropriation, by programmes, of the expenditure of Mauritius, in respect of the financial year 2013, in excess of the expenditure appropriated for certain programmes by the Appropriation (2013) Act 2012.
 
 
Status – Published in the Gazette 17 December 2013.  Came into operation on
17 December 2013.

  Banking (Amendment) Act 2013

 
The object of this Act is to amend the Banking Act to provide that a bank may restructure its business with the approval of the central bank or where it is required to do so by the central bank.
2.  In determining whether to approve or require the restructuring of a bank, the central bank shall have regard to –
(a)its objects and functions;
(b)any systemic risk that the bank may pose;
(c)           any incidence which the bank may have on the stability of the
financial system of Mauritius;
(d)           the need to further protect the bank’s depositors and the public.
Status – Published in the Gazette on 18 April 2013.  Came into operation on
18 April 2013

 

Employment Relations (Amendment) Act 2013
The object of this Act is to amend the Employment Relations Act with a view to, inter alia –  
(a)          allowing representatives of workers duly designated by at least 25 per cent of the workers in a bargaining unit in an enterprise, where workers are not unionized –
(i)            to initiate negotiation with an employer with a view to reaching a collective agreement;
(ii)          to refer a labour dispute to the Commission for Conciliation and Mediation; 
(iii)         to have recourse to strike, if need be, where no settlement is reached at the level of the Commission; 
(b)          correcting anomalies which presently exist in the administration of trade unions; 
(c)          increasing the fine related to the protection of workers against discrimination and victimisation from 75,000 rupees to 100,000 rupees and other fines for failure to comply with other provisions of the Act so as to better protect trade unions and workers; 
(d)          reviewing the process for recognition of trade unions of workers so as to facilitate and promote collective bargaining in an orderly manner; 
(e)          limiting the report of labour disputes relating to wages and conditions of employment where a collective agreement is in force; and 
(f)           providing a conciliation service by the Minister to the parties to a labour dispute at any time before a lawful strike takes place and for any agreement reached following such conciliation to have the effect of a collective agreement.
Employment Rights (Amendment) Act 2013
The object of this Act is to amend the Employment Rights Act with a view to, inter alia
(a)          creating a legal framework for the operation of – 
(i)            shift work by limiting the maximum number of working hours per day and the maximum number of working days per week and offering some protection to female workers before and after childbirth; and 
(ii)          the regime of fixed term contracts of employment to prevent employers from having recourse to such contracts abusively; 
(b)          extending the grant of paid annual and sick leave to workers reckoning between more than 6 months’ and less than 12 months’ continuous employment; 
(c)          reviewing the process of disciplinary hearing to ensure that such hearing is held in a fair and independent manner; 
(d)          introducing the concept of reinstatement in cases of unfair termination of employment on grounds of redundancy, discrimination and victimisation for participation in trade union activities; 
(e)          providing for the setting up of an independent Employment Promotion and Protection Division within the Employment Relations Tribunal to determine, within a specific time frame, whether cases of redundancy or closing down of enterprises are justified or not; 
(f)           providing for the payment of a death gratuity in case of death of workers reckoning more than 12 months’ continuous employment; 
(g)          increasing the quantum of meal allowance from 50 rupees to 70 rupees per day where a worker is required to perform more than 2 hours overtime after having completed a normal day’s work; and 
(h)          increasing the quantum of recycling fee from 3 days’ to 6 days’ basic wages per year of service for employees reckoning between 12 months’ and 36 months’ continuous employment. 
2.         Opportunity has been taken to address the shortcomings in the Act to render its application more user-friendly.
 
Status – Published in the Gazette on 9 May 2013.  Came into operation on
11 June 2013.
 
Fashion And Design Institute (Amendment) Act 2013
The object of this Act is to amend the Fashion and Design Institute Act to empower the Fashion and Design Institute to award certificates, diplomas, degrees, honorary degrees and other academic or professional qualifications. 
2.         The opportunity is also being taken to align the objects, functions and powers of the Institute with those of other tertiary education institutions in Mauritius, and to provide for related matters. 
Status – Published in the Gazette on 4 May 2013.  Shall come into operation on a date to be fixed by Proclamation.
International Arbitration (miscellaneous Provisions) Act 2013
The objects of this Act are – 
(a)       to amend the International Arbitration Act in order to facilitate its objective of creating the most favourable environment for international arbitration to thrive in Mauritius; and 
(b)       to resolve an ambiguity in the regime applicable to the recognition and enforcement of foreign arbitral awards in Mauritius and to facilitate the operation of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards in Mauritius. 
 
Status – Published in the Gazette on 25 May 2013.  Came into operation on 1 June 2013.
 
Land Acquisition (Amendment) Act 2013
The object of this Act is to amend the Land Acquisition Act by providing – 
(a)       for the expeditious hearing of appeals which seek to challenge the legality of compulsory acquisition of property; and 
(b)       for the interim payment of compensation to an interested person pending the determination of the amount by the Board of Assessment. 
 
Status – Published in the Gazette on 18 May 2013.  Came into operation on 18 May 2013.
 
Mauritius Society For The Prevention Of Cruelty To Animals(Temporary Provisions) Act 2013
The object of this Act is to set up an interim Management Committee which will temporarily, in lieu of the Council of the Society, assume the function of administrating the Mauritius Society for the Prevention of Cruelty to Animals and be vested with all the necessary powers for that purpose. 
 
Status – Published in the Gazette on 25 April 2013.  Came into operation on 30 April 2013
 
National Agricultural Products Regulator Office Act 2013
The object of this Act is to provide for the setting up of the National Agricultural Products Regulatory Office within the Ministry responsible for the subject of agriculture. 
2.         The Office shall –  
(a)          take over the functions and powers of the Tea Board and of the Tobacco Board and the regulatory functions and powers of the Mauritius Meat Authority; and 
(b)          perform such other functions as may be imposed, and exercise such other powers as may be conferred on it, under this Act. 
3.         The Office shall be mainly responsible for –  
(a)          the licensing and registration of cultivators, producers, importers and exporters of regulated products; and 
(b)          the effective administration, management and regulation of regulated products.    
 
Status – Published in the Gazette on 4 May 2013.  Shall come into operation on a date to fixed by Proclamation.
​              
Professional Quantity Surveyor's Council Act 2013
The object of this Act is to provide for the establishment of the Professional Quantity Surveyors’ Council and for better regulation of the profession of quantity surveyors. This has been made necessary by a number of factors, including the growth of the construction sector. 
2.         The Council will, inter alia –  
(a)       regulate and control the profession of quantity surveyors; 
(b)       register professional quantity surveyors; 
(c)        exercise and maintain discipline in the profession of quantity surveyors, with the assistance and support of such Professional Conduct Committee as may be set up; and 
(d)       promote advancement in the field of quantity surveying. 
3.         The Act also provides for the circumstances in which firms of quantity surveyors and foreign firms of quantity surveyors may provide quantity surveying services in Mauritius. 
 
Status – Published in the Gazette on 9 May 2013.  Shall come into operation on a date to be fixed by Proclamation.
 
 
​             
Seeds Act 2013
The object of this Act is to provide for the setting up of the National Plant Varieties and Seeds Office (NPVSO) within the Ministry responsible for the subject of agiculture. 
2.         NPVSO shall –  
(a)       regulate the cultivation, production, trade, exportation and importation of seeds of any variety of any kind of plant; 
(b)       be responsible for the enforcement of the Act. 
3.         There shall also be a National Plant Varieties and Seeds Committee which shall – 
(a)       advise the Minister on national policies relating to the cultivation, production, trade, exportation and importation of seeds of any variety of any kind of plant; 
(b)       guide and supervise NPVSO in the enforcement of the Act; 
(c)        make recommendations to the Minister for the improvement of the seed regulatory system; 
(d)       make recommendations to the Minister on the release of any variety in Mauritius; 
(e)       carry out such other functions as the Minister may determine. 
4.         The Act further provides for registration of varieties of seeds, seed testing, seed inspection and certification of any seed. 
 
Status – Published in the Gazette on 8 June 2013.  Shall come into operation on a date to be fixed by Proclamation.
 
 
​    
     
THE ANIMAL WELFARE ACT
(No. 19 of 2013)
  The objects of this Act are to - 
(a)promote the welfare and good treatment of animals;
(b) protectanimals from distress, pain or suffering;
(c) regulate dog keeping, dog breeding and the importation    of certain types of dangerous dogs; and
(d) establish the Mauritius Society for Animal Welfare.
 
  Status – Published in the Gazette on 18 July 2013.  Shall come into operation on a date to be fixed by Proclamation.
 
 
 
 
THE CIVIL ESTABLISHMENT (AMENDMENT) ACT
(No. 17 of 2013)
 
The object of this Act is to make better provision for the coming into operation of a Civil Establishment Order in respect of posts in the public service.
 
Status – Published in the Gazette on 6 July 2013.  Came into operation on 6 July 2013.
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 
THE ECONOMIC AND FINANCIAL MEASURES
(MISCELLANEOUS PROVISIONS) ACT
(No. 27 of 2013)
The object of this Act is to provide for the implementation of measures announced in the Budget Speech 2014 relating to economic and financial matters and for other miscellaneous economic and financial measures and related measures
 
Status – Published in the Gazette on 21 December 2013.  Came into operation on 21 December (except for those sections mentioned in section 47).
 
THE CRIMINAL APPEAL (AMENDMENT) ACT
(No. 20 of 2013)
 
 
The object of thisAct is to amend the Criminal Appeal Act to provide–
 
(a)           that the Director of Public Prosecutions may appeal to the Court of Criminal Appeal not only against a sentence by the Supreme Court but also against an acquittal or a conviction for a lesser offence by the Supreme Court;
 
(b)           that the Director of Public Prosecutions or a convicted person may apply to the Court of Criminal Appeal for a review of the proceedings relating to an acquittal or a conviction before the Supreme Court, and the Court of Criminal Appeal may, in the course of the review proceedings, quash the acquittal or conviction and order a retrial,
 
and for related matters.
 
Status – Published in the Gazette on 3 August 2013 and Came into operation on 3 August 2013
THE MAURITIUS FIRE AND RESCUE SERVICE ACT
(No. 13 of 2013)
The object of this Act is to providefor the setting up of the Mauritius Fire and Rescue Service –
 
(a)           to make better provision for the prevention of and response to fires and other incidents likely to endanger persons, animals, property or the environment;
 
(b)           to enhance coordination and harmonise working relationships among emergency organisations; and
 
(c)           to provide for related matters.
 
2.             For those purposes –
 
(a)            the Fire Services Act is repealed; and
 
(b)            consequential amendments are made to the Central Electricity Board Act, the Central Water Authority Act, the Occupational Safety and Health Act and the Road Traffic Regulations 1954.
 
 
 
Status – Published in the Gazette on 22 June 2013.  Shall come into operation on a date to be fixed by Proclamation.

 

THE NATIONAL ASSEMBLY ALLOWANCES (AMENDMENT) ACT
(No. 12 of 2013)
 
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 2013.
 
 
Status – Published in the Gazette on 22 June 2013.  Came into operation on 1 January 2013.
 
 
THE NATIONAL IDENTITY CARD (MISCELLANEOUS PROVISIONS) ACT
(No. 18 of 2013)
The object of this Act is to amend different enactments to make better provision in relation to matters pertaining to national identity cards and, in particular, to provide –
 
(a)           for a person, who is not a resident of Mauritius or, on account of serious illness or on any other reasonable ground, is unable to apply for an identity card within 6 months of attaining the age of 18, to apply for an identity card in such manner and within such period as the Registrar of Civil Status may determine;
 
(b)           that a person, who is certified to be unable to provide his biometric information by reason of any permanent infirmity or disability,  shall be exempt from providing such information;
 
(c)           that an identity card of a person shall not contain his signature or thumbprint in circumstances where he is unable to sign or provide his thumbprint;
 
(d)           that a person empowered by law to ascertain the identity of another person may request a citizen of Mauritius to produce his identity card;
 
(e)           for an obligation on a person to return a lost or mislaid identity card, if it is found;
 
(f)            that a person who produces any false document for the purpose of being issued with an identity card shall commit an offence,
 
and for related matters.
 
 
Status – Published in the Gazette on 1                8 July 2013.  Shall came into operation on a date to be fixed by Proclamation.

 

THE PRESIDENT’S EMOLUMENTS AND PENSION(AMENDMENT) ACT
(No. 11 of 2013)
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 2013.
 
 
Status – Published in the Gazette on 22 June 2013.  Came into operation on 1 January 2013.
THE SUGAR INDUSTRY EFFICIENCY (AMENDMENT) ACT
(No. 15 of 2013)
  
The main object of this Act is to amend the Sugar Industry Efficiency Act
to –
 
(a)           extend incentives presently applicable to VRS projects, to ERS projects;
 
(b)           extend the definition of “métayer” to include a person who, at the commencement of this Act, has been cultivating cane on land leased from the planter for a consecutive period of 3 crop cycles;
 
(c)           make better provision to prevent speculation on agricultural land by including agricultural morcellements in the definition of “agricultural land” and reviewing the minimum plot size for subdivision of land for agricultural purposes;
 
(d)           review the components of expenditure for recouping costsin relation to the implementation of the VRS, the ERS and factory closure;
 
(e)           provide that land has to be developed within 5 years of the issue of a Land Conversion Permit.
 
2.             Opportunity has been taken to make other amendments to the Act.
 
Status – Published in the Gazette on 29 June 2013.  Came into operation on 29 June 2013

 

 

THE HUMAN TISSUE (REMOVAL, PRESERVATION AND TRANSPLANT) (AMENDMENT) ACT
(No. 16 of 2013)
 
The object of this Act is to amend the Human Tissue (Removal, Preservation and Transplant) Act to provide for –
 
(a)            an authorised specialist to issue a certificate before a donation of non-regenerative tissue, instead of an authorised consultant;
 
(b)            immunity from civil or criminal proceedings to be conferred on members of the Board or of any committee set up under the Act, or other persons or bodies, with respect to the execution of their duties, or the exercise of their powers, in good faith under the Act;
 
(c)            a higher penalty for breach of regulations made under the Act.
 
 
Status – Published in the Gazette on 29 June 2013.  Shall come into operation on a date to be fixed by Proclamation.
 

 

THE REVENUE AND VALUATION APPEAL TRIBUNAL ACT
(No. 14 of 2013)
 
 
The main objects of this Act are to provide for –
 
(a)            the establishment of a Revenue and Valuation Appeal Tribunal and the consolidation of the existing provisions relating to the Assessment Review Committee under the Mauritius Revenue Authority Act and the Valuation Tribunal under the Local Government Act into a single enactment;
 
(b)            the creation of a mediation process whereby parties before the Tribunal may agree to settle their dispute within a period of 90 days,
 
and for related matters.
 
 
Status – Published in the Gazette on 29 June 2013.  Shall come into operation on a date to be fixed by Proclamation.