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

Recents Acts and Bills


ACTS:
 
SUGAR INSURANCE FUND (AMENDMENT) ACT 2012 (Act No. 1 of 2012)
The main object of this Act is to amend the Sugar Insurance Fund Act in order to provide, inter alia, for –
(a) a minimum percentage of crop reduction of sugar that would lead to an event year being declared for the purpose of payment of compensation to planters, métayers and millers;
(b) a reduction in the insurance premium percentages applicable to planters, métayers and millers,
following recommendations made and advice given by the consulting actuary appointed by the Board.
2. Opportunity has been taken to provide for the registration of cane plantations of an area not exceeding 10 hectares every 5 years, instead of yearly.
Status: Published in the Gazette of 12 May 2012. Came into operation on 12 May 2012.
SUGAR INDUSTRY EFFICIENCY (AMENDMENT) ACT 2012 (Act No. 2 of 2012)

The object of this Act is to make better provision for the election of representatives to the Assembly of Delegates and ensure that there are adequate numbers of new and experienced representatives in the Assembly of Delegates.
Status: Published in the Gazette of 12 May 2012. Came into operation on 23 May 2012.
CHAGOSSIAN WELFARE FUND (AMENDMENT) ACT 2012 (Act No. 3 of 2012)
The main object of this Act is to amend the Chagossian Welfare Fund Act to provide for –
(a) children of members of the Chagossian community to be eligible to stand as candidates and to vote at elections for members of the Board of the Chagossian Welfare Fund; and
(b) 2 out of the 7 elected members of the Board to be children of members of the Chagossian community.
2. Opportunity has also been taken to make certain amendments to regulations made under the Act.
Status: Published in the Gazette of 2 June 2012. Came into operation on 2 June 2012.
UNIVERSITES DES MASCAREIGNES ACT 2012 (Act No. 4 of 2012)
The object of this Act is to provide for the establishment of the Université des Mascareignes.
2. The Université des Mascareignes will take over the functions of the Institut Supérieur de Technologie and the Swami Dayanand Institute of Management. The objects of the Université des Mascareignes shall, inter alia, be to –
(a) provide tertiary education, and develop and promote excellence in life, natural, applied and social sciences and humanities;
(b) conduct programmes and courses in those fields;
(c) provide research, development, consultancy and other services in those fields to industrial or commercial organisations, public bodies or individuals;
(d) serve as a centre for fostering co-operation, partnership and exchange of ideas between the academic community on the one hand and the public and private sectors on the other;
(e) develop into an institution of excellence in teaching, training, scholarship, research, consultancy and other services with emphasis on its areas of operation.
ENVIRONMENT AND LAND USE APPEAL TRIBUNAL ACT 2012 (Act No. 5 of 2012)
The main object of this Act is to provide for the establishment of a single Tribunal that will hear appeals relating to matters that are directly or indirectly related to the environment and the manner in which land is made use of. The Tribunal will accordingly exercise jurisdiction in respect of –
(a) Building and Land Use Permits and Outline Planning Permissions issued or refused by Municipal City Councils, Municipal Town Councils and District Councils under the Building Act, the Local Government Act 2011 and the Town and Country Planning Act;
(b) morcellement permits granted or refused under the Morcellement Act;
(c) Environmental Impact Assessment licences and Preliminary Environmental Report approvals granted or refused under the Environment Protection Act.
Status:  Published in the Gazette of 2 June 2012. The Act is not yet into operation.
MARITIME ZONES (AMENDMENT) ACT 2012 (Act No. 6 of 2012)
The main object of this act is to amend the Maritime Zones Act to provide for Mauritius to exercise joint sovereign rights with Seychelles in the joint zone of extended continental shelf pending delimitation, in accordance with treaties entered into between the two States.
Status: Published in the Gazette of 9 June 2012. The Act is not yet into operation.
MAURITIUS FAMILY PLANNING AND WELFARE ASSOCIATION (AMENDMENT) ACT 2012 (Act No. 7 of 2012)
The object of this Act is to set up an interim Management Committee which will temporarily, in lieu of the National Executive Committee, assume the function of administrating the Mauritius Family Planning and Welfare Association and be vested with all the necessary powers for that purpose.
Status: Published in the Gazette of 9 June 2012. Came into operation on 9 June 2012.
THE FOUNDATIONS ACT 2012 (Act No. 8 of 2012)
The main objects of this Act are to provide for –
(a) the opening up of significant business opportunities from jurisdictions where the concept of trust is unknown, and to expand the scope of the financial services industry in Mauritius;
(b) the setting up of Foundations to further promote Mauritius as a platform for wealth management and other activities such as services, succession and estate planning as well as pension funds; and
(c) other related matters.
Status: Published in the Gazette of 16 June 2012. The Act is not yet into operation.
BUILDING CONTROL ACT 2012 (Act No. 9 of 2012)
The object of this Act is to repeal the Building Act and to replace it by new legislation which will cater for the exigencies and realities of the construction industry. The Act aims at regulating building works in order to ensure safety, comfort, energy efficiency and aesthetic value.
2. Many buildings are designed and planned with little or no input from an architect or engineer, and are constructed without adequate supervision. A post-control mechanism has been introduced through a system of control of compliance by local authorities. The Act defines and regulates the responsibility and accountability of different professionals involved in the construction process. The also provides for the liability of the builder towards developers or eventual buyers, and of the developer engaged in residential or commercial letting towards eventual buyers or lessees, to be better guaranteed through different types of mandatory property damage insurance policies against defects.
3. The Act also provides for the making of regulations which will set minimum building standards for functionality, safety and sustainability, with a view to guaranteeing the safety and comfort of users, energy efficiency and aesthetic value. A Building Control Advisory Council will be responsible for advising the Minister on the regulations to be made, and for formulating policies for a more effective, safe, efficient and sustainable construction of buildings.
Status: Published in the Gazette of 16 June 2012. The Act is not yet into operation.
THE LICENSING OF RECRUITING AGENTS FOR OVERSEAS EDUCATIONAL AND TRAINING INSTITUTIONS (AMENDMENT) ACT 2012 (Act No. 10 of 2012)
The object of this Act is to amend the Licensing of Recruiting Agents for Overseas Educational and Training Institutions Act to make better provision for the regulation of recruiting agents by –
(a) extending the range of activities for which an agent has to be licensed;
(b) providing that a person based outside Mauritius and duly authorised by an institution to recruit on its behalf may authorise an agent to recruit on its behalf,
and for related matters.
Status: Published in the Gazette of 9 June 2012. The Act is not yet into operation.
THE CRIMINAL CODE (AMENDMENT) ACT 2012 (Act No. 11 of 2012)
The main object of this Act is to amend the Criminal Code to authorise the termination of pregnancy in specified circumstances, namely, in cases where –
(a) the continued pregnancy will endanger the pregnant person’s life;
(b) the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant person;
(c) there is a substantial risk that the continued pregnancy will result in a severe malformation, or severe physical or mental abnormality, of the foetus, as assessed by the appropriate specialists;
(d) the pregnancy has not exceeded its fourteenth week and results from a case of rape, sexual intercourse with a female under the age of 16 or sexual intercourse with a specified person which has been reported to the police or a medical practitioner.
2. Consequential amendments are brought to the Medical Council Act to provide for a working regime for the proposed amendments to the Criminal Code.
Status: Published in the Gazette of 9 June 2012. The Act is not yet into operation.
THE CONSUMER PROTECTION (PRICE AND SUPPLIES CONTROL) (AMENDMENT) ACT 2012 (Act No. 12 of 2012)
The object of this Act is to amend the Consumer Protection (Price and Supplies Control) Act to provide that the duty on a trader to display specimens of goods kept for sale on his trading premises or stored in a registered warehouse shall not extend to tobacco products, save that specimens of tobacco products may be exposed at a duty-free shop at the airport of Mauritius or Rodrigues. The Minister may, however, require that specimens of tobacco products be exposed in a duty-free shop only in such manner as he may approve.
Status: Published in the Gazette of 9 June 2012. The Act is not yet into operation.
THE LEGAL AID (AMENDMENT) ACT 2012 (Act No. 13 of 2012)
The main object of this Act is to amend the Legal Aid Act in line with certain recommendations of the Presidential Commission, set up in 1997 and chaired by Lord Mackay, namely to make legal aid more accessible, and for the provision of legal assistance.
2. The Act accordingly provides for the extension of legal assistance at police enquiry stage and for bail applications for offences specified in the First Schedule.

3. The Act also provides –
(a) for a means and merits test in the determination of granting of legal aid;
(b) for a fairer method to assess a person’s need for legal aid while ensuring there is no abuse; and
(c) that persons who give misleading information for the purpose of obtaining legal aid shall commit an offence.
Status: Published in the Gazette of 30 June 2012. The Act is not yet into operation.
THE CERTIFICATE OF CHARACTER ACT 2012 (Act No. 18 of 2012)
The main object of this Act is to repeal the Certificate of Morality Act and to provide for the issue of certificates of character.
2. The Act provides, inter alia, that –
(a) a person who has been convicted of a specified minor offence, been given a non-custodial sentence in specified cases or been granted a free pardon in respect of an offence shall be deemed not to have committed the offence, for the purpose of being issued a certificate of character;
(b) a person may make an application for a certificate electronically;
(c) an applicant cannot generally make more than one application in his name within 3 months from the date of issue of the certificate;
(d) an employer cannot require a worker to apply for a certificate within one year following the submission of a certificate by that worker to him;
(e) an applicant shall pay an appropriate fee for the issue of a certificate;
(f) the Director of Public Prosecutions may delegate any of his powers under the Act to the Commissioner of Police or any other public officer,
and for related matters.
Status: Published in the Gazette of 28 July 2012. Shall come into operation on 10 October 2012.
 
BILLS:
 
BUILDING CONTROL BILL (No. XI of 2012)
The object of this Bill is to repeal the Building Act and to replace it by new legislation which will cater for the exigencies and realities of the construction industry. The Bill aims at regulating building works in order to ensure safety, comfort, energy efficiency and aesthetic value.
2. Many buildings are designed and planned with little or no input from an architect or engineer, and are constructed without adequate supervision. A post-control mechanism has been introduced through a system of control of compliance by local authorities. The Bill defines and regulates the responsibility and accountability of different professionals involved in the construction process. The Bill also provides for the liability of the builder towards developers or eventual buyers, and of the developer engaged in residential or commercial letting towards eventual buyers or lessees, to be better guaranteed through different types of mandatory property damage insurance policies against defects.
3. The Bill also provides for the making of regulations which will set minimum building standards for functionality, safety and sustainability, with a view to guaranteeing the safety and comfort of users, energy efficiency and aesthetic value. A Building Control Advisory Council will be responsible for advising the Minister on the regulations to be made, and for formulating policies for a more effective, safe, efficient and sustainable construction of buildings.
Status: Bill passed on 12 June 2012.
 
CRIMINAL CODE (AMENDMENT) BILL (No. VIII of 2012)
The main object of this Bill is to amend the Criminal Code to authorise the termination of pregnancy in specified circumstances, namely, in cases where –
(a) the continued pregnancy will endanger the pregnant person’s life;
(b) the termination is necessary to prevent grave permanent injury to the physical or mental health of the pregnant person;
(c) there is a substantial risk that the continued pregnancy will result in a severe malformation, or severe physical or mental abnormality, of the foetus, as assessed by the appropriate specialists;
(d) the pregnancy has not exceeded its fourteenth week and results from a case of rape, sexual intercourse with a female under the age of 16 or sexual intercourse with a specified person which has been reported to the police or a medical practitioner.
2. Consequential amendments are brought to the Medical Council Act to provide for a working regime for the proposed amendments to the Criminal Code.
Status: Bill passed on 12 June 2012.
FOUNDATIONS BILL (No. X of 2012)
The main objects of this Bill are to provide for –
(a) the opening up of significant business opportunities from jurisdictions where the concept of trust is unknown, and to expand the scope of the financial services industry in Mauritius;
(b) the setting up of Foundations to further promote Mauritius as a platform for wealth management and other activities such as services, succession and estate planning as well as pension funds; and
(c) other related matters.
LAND ACQUISITION (AMENDMENT) BILL (No. XIV of 2012)
The object of this Bill 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: Bill introduced in Parliament on 12 June 2012.
LICENSING OF RECRUITING AGENTS FOR OVERSEAS EDUCATIONAL AND TRAINING INSTITUTIONS (AMENDMENT) BILL (No. XII of 2012)
The object of this Bill is to amend the Licensing of Recruiting Agents for Overseas Educational and Training Institutions Act to make better provision for the regulation of recruiting agents by –
(a) extending the range of activities for which an agent has to be licensed;
(b) providing that a person based outside Mauritius and duly authorised by an institution to recruit on its behalf may authorise an agent to recruit on its behalf,
and for related matters.
LEGAL AID (AMENDMENT) BILL (No. VII of 2012)
The main object of this Bill is to amend the Legal Aid Act in line with certain recommendations of the Presidential Commission, set up in 1997 and chaired by Lord Mackay, namely to make legal aid more accessible, and for the provision of legal assistance.
2. The Bill accordingly provides for the extension of legal assistance at police enquiry stage and for bail applications for offences specified in the First Schedule.

3. The Bill also provides –
(a) for a means and merits test in the determination of granting of legal aid;
(b) for a fairer method to assess a person’s need for legal aid while ensuring there is no abuse; and
(c) that persons who give misleading information for the purpose of obtaining legal aid shall commit an offence.
MAURITIUS BROADCASTING CORPORATION (AMENDMENT) BILL (No. XXII of 2012)
 
NATIONAL PREVENTIVE MECHANISM BILL (No. XXI of 2012)
POLICE COMPLAINTS BILL (No. XX of 2012)
PROTECTION OF HUMAN RIGHTS (AMENDMENT) BILL (No. XIX of 2012)
TRAINING AND EMPLOYMENT OF DISABLED PERSONS (AMENDMENT) BILL (No. XV of 2012)
The main object of this Bill is to amend the Training and Employment of Disabled Persons Act to make better provision for the promotion of the access of persons with disabilities to employment by providing for –
(a) a change in the composition of the Training and Employment of Disabled Persons Board;
(b) the setting up of a Hearing Committee which will conduct hearings for the purposes of section 13(4) or 14(3) of the Act; and
(c) an increase in the fine that may be imposed for non-compliance with the Act,
and for related matters.
Status: Bill to be introduced in Parliament on 26 June 2012.
PRIVATE PENSION SCHEMES BILL (No. XVI of 2012)
SUPPLEMENTARY APPROPRIATION (2011) BILL (No. XXIII of 2012)