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

Acts and Bills 2015

BILLS 2015:
 
 

 BILL NO.1 OF 2015 (FINANCE AND AUDIT) (AMENDMENT) BILL

BILL NO. 2 OF 2015 (CONSTRUCTION INDUSTRY AND DEVELOPMENT BOARD) (AMENDMENT) BILL

BILL NO. 3 OF 2015 (APPROPRIATION) (2015) BILL

 

BILL NO. 3 OF 2015 (APPROPRIATION) (2015) (SCHEDULE 2)

 

 

BILL NO. 4 OF 2015 (APPROPRIATION) (2015-2016) SCHEDULE 2

BILL NO  5 (LOCAL GOVERNMENT (AMENDMENT) BILL)

BILL NO  6 (ROAD TRAFFIC (AMENDMENT) BILL)

BILL NO  7 (SUPPLEMENTARY APPROPRIATION (2013)

BILL NO  8 (INSURANCE (AM) BILL

 
 

BILL NO. 11 (MAURITIUS RENEWABLE ENERGY AGENCY BILL)

 
 
 

BILL NO. 15 (NATIONAL FLAG BILL)​

 

BILL NO. 17 (SUPPLEMENTARY APPROPRIATION (2014) BILL)​

BILL NO. 18 (ARABIC-SPEAKING UNION (AM) BILL)​

BILL NO. 19 (BHOJPURI-SPEAKING UNION (AM) BILL)​​

BILL NO. 20 (CHINESE SPEAKING UNION (AM) BILL)​

BILL NO. 21 (CREOLE-SPEAKING UNION (AM) BILL)​

BILL NO. 22 (SANSKRIT-SPEAKING UNION (AM) BILL)

BILL NO. 23 (ENGLISH SPEAKING UNION BILL)​

BILL NO. 24 (HINDI-SPEAKING UNION BILL)​

BILL NO. 25 (MARATHI-SPEAKING UNION BILL)​

BILL NO. 26 (TAMIL -SPEAKING UNION BILL)​

BILL NO. 27 (TELEGU-SPEAKING UNION BILL)

BILL NO. 28 (URDU-SPAEKING UNION BILL)

BILL NO. 29 (CONSTITUTION (AM) BILL)

BILL NO. 29 (PROPOSED AMENDMENTS)

BILL NO. 30 (GOOD GOVERNANCE AND INTEGRITY REPORTING BILL)

BILL NO. 30 (PROPOSED AMENDMENTS)

BILL NO. 31 (ASSET RECOVERY (AM) BILL)​

BILL NO. 32 (CAPTIVE INSURANCE BILL)

BILL NO. 33 (ADDITIONAL REMUNERATION (2016) BILL)

 
 
Acts 2015:
 
THE FINANCE AND AUDIT (AMENDMENT) ACT
(No. 1 of 2015)
 
 
The object of this Act is to amend the Finance and Audit Act to provide for –
 
(a)        a simplification of the annual estimates of revenue and expenditure, both recurrent and capital, in respect of the services of the Government;
 
(b)        the appropriation of the estimated financial requirements by vote of expenditure;
 
(c)a change in the definition of “financial year” from calendar year to a period of 12 months ending on 30 June; and
 
(d)related matters.
 
 
 
Status – Published in the Gazette on 5 March 2015. Came into operation on 1 January 2015.
 
THE CONSTRUCTION INDUSTRY DEVELOPMENT BOARD
(AMENDMENT) ACT
(No. 2 of 2015)
 
 
The main object of this Act is to amend the Construction Industry Development Board Act to, inter alia, provide –
 
(a)        that a firm or person that or who was providing consultancy services, or undertaking construction works, in Mauritius immediately before 1 August 2014 may continue to provide consultancy services or undertake construction works for such period as may be prescribed, without being registered as a consultant, contractor, foreign consultant or foreign contractor, as the case may be;
 
(b)for a change in the definition of “foreign contractor” and “foreign consultant”;
 
(c)        for the review of the composition of the Construction Industry Development Council.
 
2.         Opportunity is being taken to clarify some provisions of the Act.
 
 
Status – Published in the Gazette on 26 March 2015.  Came into operation on 1 February 2015 and 26 March 2015.
 
THE LOCAL GOVERNMENT (AMENDMENT) ACT
(No. 3 of 2015)
 
 
The main object of this Act is to amend the Local Government Act in order to provide for Municipal City Council and Municipal Town Council elections to be held in the year 2015, and thereafter every 6 years or in such other year as the President shall, on the advice of the Prime Minister, appoint.
 
2.         The Bill also provides –
 
(a)        for an increase in the number of Municipal City Councillors and Municipal Town Councillors to be returned per ward from 3 to 4, thus increasing the total number of those Councillors from 90 to 120;
 
(b)        that every group or alliance presenting more than 2 candidates at an election of a Municipal City Council or Municipal Town Council shall ensure that not more than two-thirds of its candidates for election to that Council are of the same sex;
 
(c)        that any person who is and has, for not less than 6 months before a Municipal City Council or Municipal Town Council election, been the owner or tenant of business premises in a ward of a city or town may stand as a candidate at the election;
 
(d)        that the chairperson or a member of the governing body of a statutory corporation or an organisation wholly funded by the State may stand as a candidate at a local government election;
 
(e)        that, in the case of an alliance, every group forming part of the alliance may submit a reserve list and that the seat of a member of one group within the alliance becoming vacant shall be filled by the first available person on that group’s reserve list;
 
(f)         that a Councillor shall not lose his seat where he ceases to belong to a group otherwise than by resignation;
 
(g)        that, in addition to a Lord Mayor, a Mayor and the Chairperson of a local authority, a Deputy Lord Mayor, Deputy Mayor or Vice-Chairperson of a local authority may be revoked following a vote of no confidence;
 
(h)        that a local authority shall be required to meet at least once a month and no business shall be transacted at a meeting of a local authority unless there are present more than one third of the number of members; and
 
(i)         for related matters.
 
 
Status – Published in the Gazette on 9 April 2015. Came into operation on 9 April 2015.
 
 
THE APPROPRIATION (6 months ending on 30 June 2015) ACT
(No. 4 of 2015)
 
 
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 period of 6 months ending on 30 June 2015 and for the appropriation of those sums by votes of expenditure.
 
 
Status – Published in the Gazette on 25 April 2015. Came into operation on 25 April 2015.

THE APPROPRIATION (2015-2016) ACT

(No. 5 of 2015)
 
 
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 2015-2016 and for the appropriation of those sums by votes of expenditure.
 
 
Status – Published in the Gazette on 25 April 2015. Came into operation on 25 April 2015.
 
 
THE INSURANCE (AMENDMENT) ACT
(No. 6 of 2015)
 
 
The object of this Act is to amend the Insurance Act to provide –
 
(a)        for the Financial Services Commission to exercise more effective supervision over related companies of an insurer;
 
(b)        that the Minister may request the Financial Services Commission to appoint a special administrator where he is satisfied, on the basis of a report submitted by the Commission, that the liabilities of an insurer and any of its related companies exceed its assets by at least one billion rupees and that such excess is likely to be a threat to the stability and soundness of the financial system of Mauritius;
 
(c)        for the transfer of undertaking, in whole or in part, of an insurer and any of its related companies to another insurer and any of its related companies approved by the Minister; and
 
(d)        for related matters.
 
 
Status – Published in the Gazette on 29 April 2015. Came into operation on 29 April 2015.
 

 

THE ROAD TRAFFIC (AMENDMENT) ACT
(No. 7 of 2015)
 
 
The main object of this Act is to amend the Road Traffic Act so as to –
 
(a)        do away with the penalty points system and replace it by a new sanctioning mechanism for certain specified serious driving offences;
 
(b)        prescribe a fixed graduated scale of fines to be paid by persons convicted of exceeding speed limits;
 
(c)        provide for the disqualification of a person who has been convicted of more than 5 specified serious driving offences and the cancellation of the driving licence of a person who has been disqualified a second time;
 
(d)        provide, in cases of disqualification or cancellation, for the Court to order road traffic offenders to follow rehabilitation courses;
 
(e)        streamline and simplify the speed limits on the various types of
roads; and
 
(f)         provide for related matters.
 
 
 
 
Status – Published in the Gazette on 7 May 2015.  Shall Come into operation on a date to be fixed by Proclamation.

 

 

 

 
 THE SUPPLEMENTARY APPROPRIATION (2013) ACT
(No. 8 of 2015)
 
 
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 2013, in excess of the expenditure appropriated by the Appropriation (2013) Act 2012 and by the Supplementary Appropriation (2013) Act 2013.
 
 
Status – Published in the Gazette on 14 May 2015.  Shall come into operation on 14 May 2015.
 
 
THE FINANCE (MISCELLANEOUS PROVISIONS) ACT
(No. 9 of 2015)
 
 
The object of this Act is to provide for the implementation of measures announced in the Budget Speech 2015 and for matters connected, consequential or incidental thereto.
 
 
Status – Published in the Gazette on 14 May 2015.  Shall Come into operation on 14 May 2015 except for those mentioned in section 55.
 
  THE EMPLOYMENT RIGHTS (AMENDMENT) ACT
(No. 10 of 2015)
 
 
The object of this Act is to amend the Employment Rights Act with a view to extending the duration of maternity leave from 12 to 14 weeks so as to better support working mothers in the fulfilment of their family obligations.
 
 
Status – Published in the Gazette on 14 May 2015.  Shall come into operation on a date to be fixed by Proclamation.
 
 
 
 
 
THE MAURITIUS RENEWABLE ENERGY AGENCY Act
(No. 11 of 2015)
 
 
The main object of this Act is to provide for the establishment of the Mauritius Renewable Agency for the purpose of promoting the development and use of renewable energy.
 
 
Status – Published in the Gazette on 3 October 2015.  Shall come into operation on a date to be fixed by Proclamation.
 

 

 

 
THE ROADS (AMENDMENT) ACT
(No. 12 of 2015)
 
 
The object of this Act is to give greater powers to a highway authority to prevent the illegal discharge of water, soil or refuse from any private property on a road or into a road drain.
 
 
 
Status – Published in the Gazette on 17 October 2015.  Shall come into operation on 17 October 2015.
 
THE PHARMACY COUNCIL ACT
(No. 13 of 2015)
 
 
The object of this Act is to provide for the establishment of the Pharmacy Council of Mauritius and for better regulation of the profession of pharmacists.
 
2.         The Council will, inter alia –
 
(a)        regulate and control the profession of pharmacists;
 
(b)        register pharmacists and pre-registration trainees;
 
(c)        temporarily register non-citizens, other than non-citizens who are residents of Mauritius, as foreign pharmacists or visiting pharmacists;
 
(d)        exercise and maintain discipline in the profession of pharmacists; and
 
(e)        promote advancement in the field of pharmacy.
 
 
Status – Published in the Gazette on 24 October 2015.  Shall come into operation
on a date to be fixed by Proclamation.

 

 

 

 

 
 
THE NATIVE TERRESTRIAL BIODIVERSITY AND NATIONAL PARKS ACT
(No. 14 of 2015)
 
The main object of this Act is to make further and better provision for –
 
(a)    the protection, conservation and management of native terrestrial biodiversity, and giving effect to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and any other biodiversity related Convention to which Mauritius is or may become a
party; and
 
(b)        the identification, control and management of reserved lands and private reserves, and for related matters.
 
 
Status – Published in the Gazette on 24 October 2015.  Shall come into operation on 1 November 2015.

 

 

 

 
 
THE ARABIC-SPEAKING UNION (AMENDMENT) ACT
(No. 15 of 2015)
 
 
The main objects of this Act are to –
 
(a)        amend the composition of the Executive Council of the Arabic-speaking Union;
 
(b)        provide that the statement of accounts on the operations of the Arabic-speaking Union shall be audited by the Director of Audit.
 
 
Status – Published in the Gazette on 31 October 2015.  Shall come into operation on 31 October 2015.

 

 

 

 
 
THE BHOJPURI-SPEAKING UNION (AMENDMENT) ACT
(No. 16 of 2015)
 
 
The main objects of this Act are to –
 
(a)        amend the composition of the Executive Council of the Bhojpuri-speaking Union;
 
(b)        provide that the statement of accounts on the operations of the Bhojpuri-speaking Union shall be audited by the Director of Audit.
 
 
Status – Published in the Gazette on 31 October 2015.  Shall come into operation on 31 October 2015.
 

 

 

 

 
 
THE CHINESE-SPEAKING UNION (AMENDMENT) ACT
(No. 17 of 2015)
 
 
The main objects of this Act are to –
 
(a)        amend the composition of the Executive Council of the Chinese-speaking Union;
 
(b)        provide that the statement of accounts on the operations of the Chinese-speaking Union shall be audited by the Director of Audit.
 
 
 
Status – Published in the Gazette on 31October 2015.  Shall come into operation on 31 October 2015.
 
 

 

 

 

 
 
THE CREOLE-SPEAKING UNION (AMENDMENT) ACT
(No. 18 of 2015)
 
The main objects of this Act are to –
 
(a)        amend the composition of the Executive Council of the Creole-speaking Union;
 
(b)        provide that the statement of accounts on the operations of the Creole-speaking Union shall be audited by the Director of Audit.
 
 
 
Status – Published in the Gazette on 31 October 2015.  Shall come into operation on 31 October 2015.

 

 

 

 

 

 
 
THE SANSKRIT-SPEAKING UNION (AMENDMENT) ACT
(No. 19 of 2015)
 
 
The main objects of this Act are to –
 
(a)        amend the composition of the Executive Council of the Sanskrit-speaking Union;
 
(b)        provide that the statement of accounts on the operations of the Sanskrit-speaking Union shall be audited by the Director of Audit.
 
 
 
Status – Published in the Gazette on 31 October 2015.  Shall come into operation on 31 October 2015.
 
 

 

 

 

 

 
 
THE ENGLISH-SPEAKING UNION ACT
(No. 20 of 2015)
 
 
The object of this Act is to repeal and replace the English-speaking Union Act by a new legislation so as to harmonise it with other legislation pertaining to speaking Unions.
 
 
 
Status – Published in the Gazette on 31 October 2015.  Shall come into operation on a date to be fixed by Proclamation.
 

 

 

 
 
THE HINDI-SPEAKING UNION ACT
(No. 21 of 2015)
 
 
The object of this Act is to repeal and replace the Hindi-speaking Union Act by a new legislation so as to harmonise it with other legislation pertaining to speaking Unions.
 
 
 
Status – Published in the Gazette on 31 October 2015.  Shall come into operation on a date to be fixed by Proclamation.
 
 

 

 

 

 
 THE MARATHI-SPEAKING UNION ACT
(No. 22 of 2015)
 
 
The object of this Act is to repeal and replace the Marathi-speaking Union Act by a new legislation so as to harmonise it with other legislation pertaining to all speaking Unions.
 
 
 
Status – Published in the Gazette on 31 October 2015.  Shall come into operation on a date to be fixed by Proclamation.

 

 

 
 
 
 
THE TAMIL-SPEAKING UNION ACT
(No. 23 of 2015)
 
 
The object of this Act is to repeal and replace the Tamil-speaking Union Act by a new legislation so as to harmonise it with other legislation pertaining to all speaking Unions.
 
 
 
Status – Published in the Gazette on 7 May 2015.  Shall come into operation on a date to be fixed by Proclamation.
 

 

 

 

 
 
 
THE TELUGU-SPEAKING UNION ACT
(No. 24 of 2015)
 
 
The object of this Act is to repeal and replace the Telugu-speaking Union Act by a new legislation so as to harmonise it with other legislation pertaining to all speaking Unions.
 
 
 
Status – Published in the Gazette on 31 October 2015.  Shall Come into operation on a date to be fixed by Proclamation.
 

 

 

 
 
 
THE URDU-SPEAKING UNION ACT
(No. 25 of 2015)
 
 
The object of this Act is to repeal and replace the Urdu-speaking Union Act by a new legislation so as to harmonise it with other legislation pertaining to speaking Unions.
 
 
 
Status – Published in the Gazette on 31 October 2015.  Shall come into operation on a date to be fixed by Proclamation.
 
 

 

 

 

 
 
THE NATIONAL FLAG ACT
(No. 26 of 2015)
 
 
The main object of this Act is to provide for the better protection of the national flag of Mauritius by regulating its use.
 
 
 
Status – Published in the Gazette on 7 November 2015.  Shall come into operation on a date to be fixed by Proclamation.
 
 

 

 

 
 
 
 
THE SUPPLEMENTARY APPROPRIATION (2014) ACT
(No. 27 of 2015)
 
 
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 2014, in excess of the expenditure appropriated by the Appropriation (2014) Act 2013.
 
 
 
Status – Published in the Gazette on 7 November 2015.  Shall come into operation on 7 November 2015.
 

 

 

 

 

 

 
 
 
THE PUBLIC HOLIDAYS (AMENDMENT) ACT
(No. 28 of 2015)
 
 
The object of this Act is to amend the Public Holidays Act to provide
for –
 
(a)           the day of commemoration of –
 
(i)            the Abolition of Slavery; and
 
(ii)           Arrival of Indentured Labourers,
 
to be observed as public holidays every year; and
 
(b)           either the day of celebration of the Assumption of the Blessed Virgin Mary or All Saints Day, and either the day of celebration of Thaipoosam Cavadee or Tamizh Puttaandu (Varusha Pirappu), to be observed, on an alternate basis, as public holidays every year.
 
 
Status – Published in the Gazette on 21 November 2015.  Shall come into operation on 1 January 2016.

 

 

   

 

   

 

 
 
 
 
THE ASSET RECOVERY (AMENDMENT) ACT
(No. 29 of 2015)
 
 
The main object of this Act is to amend the Asset Recovery Act to provide that the Enforcement Authority shall, instead of the Director of Public Prosecutions, be the Financial Intelligence Unit which shall take over the functions and powers conferred on the Director of Public Prosecutions by virtue of the Asset Recovery Act.
 
Status – Published in the Gazette on 28 November 2015.  Shall come into operation on a date to be fixed by proclamation.
 
 

 

 

 

 
THE CONSTITUTION (AMENDMENT) ACT
(No. 30 of 2015)
 
 
The object of this Act is to amend the Constitution to provide for the taking of possession of property –
 
(a)        under the ownership of a person to an extent which is disproportionate to his emoluments and other income;
 
(b)        the ownership, possession custody or control of which cannot be satisfactorily accounted for by the person who owns, possesses, has custody or control of the property; or
 
(c)        held by a person for another person to an extent which is disproportionate to the emoluments or other income of that other person,
 
by way of confiscation.
 
Status – Published in the Gazette on 10 December 2015.  Shall come into operation on 10 December 2015.

 

 

 
 
 
THE GOOD GOVERNANCE AND INTEGRITY REPORTING ACT
(No. 31 of 2015)
 
 
The main objects of this Act are to –
 
(a)           promote a culture of good governance and integrity reporting in Mauritius;
 
(b)           stimulate integrity reporting in the public and private sectors;
 
(c)           encourage positive reports of acts of good governance and integrity;
 
(d)           disclose malpractices and recover unexplained wealth; and
 
(e)          protect and reward persons making disclosures and reports.
 
 
Status – Published in the Gazette on 10 December 2015.  Shall come into operation on 1 January 2016.
 
 
 

 

 

 

 
THE CAPTIVE INSURANCE ACT
(No. 32 of 2015)
 
 
The object of this Act is to establish a framework for the licensing, regulation and supervision of captive insurance business and for connected purposes.
 
 
Status – Published in the Gazette on 17 December 2015.  Shall come into on a date to be fixed by Proclamation.

 

 

   

 

 
 
 
THE ADDITIONAL REMUNERATION (2016) ACT
(No. 33 of 2015)
 
 
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 17 December 2015.  Shall come into operation on 1 January 2016.