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 Act 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.

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.

THE ACQUISITIVE PRESCRIPTION ACT

(No. 13 of 2018)

Explanatory Memorandum

The object of this Act is to repeal the Affidavits of Prescription Act and the Affidavits of Prescription Act (Suspension of Certain Provisions) Act and to provide for a new and more appropriate legislative framework with better safeguards regarding acquisitive prescription.

Status – Published in the Gazette on 1 November 2018. Will come into operation on a date to be fixed by Proclamation.

THE JUDICIAL AND LEGAL PROVISIONS (No. 2) ACT

(No. 14 of 2018)

Explanatory Memorandum

The main objects of the Act are to provide for –

(a) the use of modern technology in recording evidence;

(b) the correction of errors in sentencing; and

(c) certain procedural matters in civil cases.

2. The Criminal Code is also being amended to provide for the offence of perverting the course of justice.

3. Various other enactments are being amended to, inter alia –

(a) clarify some provisions of the Mauritius Bar Association Act;

(b) bring improvements to the Information and Communication Technologies Act;

(c) empower the Attorney-General to obtain the evidence of a witness in another State, in any proceedings, other than criminal proceedings pending before a Court in Mauritius; and

(d) provide for a better mechanism to update the list of jurors.

Status – Published in the Gazette on 6 November 2018. Will come into operation on a date to be fixed by Proclamation.

THE CODE CIVIL MAURICIEN (AMENDMENT) ACT

(No. 15 of 2018)

Explanatory Memorandum

The main object of this Act is to amend the Code Civil Mauricien by modernising the current regime of copropriété and of associations syndicales, which dates back to 1978, by a regime which is more flexible and better adapted to the reality of the local real estate sector.

The Act also –

(a) introduces specific provisions relating to groups of associations syndicales with a view to ensuring the smooth administration of common areas in complex property developments, as announced in the Budget Speech 2017-2018;

(b) makes provision for a new article 552-1 which codifies la division en volumes as regards la propriété immobilière;

(c) amends article 703 by providing for new circumstances in which “servitudes” shall cease; and

(d) amends article 2151 by providing who shall be “les créanciers privilégiés sur les immeubles”.

Status – Published in the Gazette on 10 November 2018. Will come into operation on a date to be fixed by Proclamation.

THE RADIATION SAFETY AND NUCLEAR SECURITY ACT

(No. 16 of 2018)

Explanatory Memorandum

The object of this Act is to repeal the Radiation Protection Act and replace it by a modern and comprehensive legislative framework with a view to enable Mauritius to meet its obligations under the international legal instruments ratified by it in the field of radiation safety, nuclear security and safeguards.

2. The Act accordingly provides for the establishment of a Radiation Safety and Nuclear Security Authority which shall, inter alia –

(a) regulate and control all radiation sources and practices for the adequate protection of people and the environment against the harmful effects of ionising radiation, and for the safety of practices and the security of radioactive sources;

(b) create the conditions for the promotion of radiation safety and nuclear security culture;

(c) promote education, training, research and development in radiation safety and nuclear security;

(d) be the point of contact for providing any information or assistance regarding nuclear or radiological emergencies under the terms of relevant international instruments, including the Convention on Early Notification of a Nuclear Accident and the Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency; and

(e) discharge such other functions as may be necessary to protect people and the environment from the harmful effects of ionising radiation.

Status – Published in the Gazette on 11 November 2018. Will come into operation on a date to be fixed by Proclamation.

THE NATIONAL PAYMENT SYSTEMS ACT

(No. 17 of 2018)

Explanatory Memorandum

The main objects of this Act are to provide for –

(a) the regulation, overseeing and supervision of national payment systems and payment systems being operated in Mauritius;

(b) the Bank of Mauritius as the authority which shall ensure the safe, secure, efficient and effective operation and accessibility to the public of national payment systems and payment systems being operated in Mauritius;

Status – Published in the Gazette on 29 November 2018. Will come into operation on a date to be fixed by Proclamation.

THE SPECIAL EDUCATION NEEDS AUTHORITY ACT

(No. 18 of 2018)

Explanatory Memorandum

The object of this Act is to provide for the establishment of a Special Education Needs Authority which shall be responsible for –

(a) monitoring and facilitating the implementation of special education needs policies of the Government;

(b) advising the Minister on the formulation of policies and on the criteria for the registration of –

(i) special education needs institutions;

(ii) the teaching and non-teaching staff, and any other resource person, of special education needs institutions;

(c) providing guidelines for the design and development of curriculum for special education needs;

(d) the harmonisation and promotion of programmes and policies for the education and holistic development of persons with special education needs, in line with the Convention on the Rights of the Child and the Convention on the Rights of Persons with Disabilities.

Status – Published in the Gazette on 29 November 2018. Will come into operation on a date to be fixed by Proclamation.

THE LOCAL GOVERNMENT (AMENDMENT NO. 2) ACT

(No. 19 of 2018)

Explanatory Memorandum

The main object of this Act is to amend the Local Government Act to provide for the next general election of Councillors to a Village Council to be held in the year 2020, and for matters related thereto.

Status – Published in the Gazette on 29 November 2018. Came into operation on 29 November 2018.

THE MAURITIUS FAMILY PLANNING AND WELFARE ASSOCIATION ACT

(No. 20 of 2018)

Explanatory Memorandum

The main object of this Act is to repeal the Mauritius Family Planning and Welfare Association Act 2005 and replace it by a more appropriate and modern legislative framework that makes provision for sexual and reproductive health and rights in accordance with international standards.

2. The Bill, accordingly, makes provision for the establishment of a new Mauritius Family Planning and Welfare Association which shall, inter alia –

(a) promote awareness on planned parenthood with a view to maintaining the fertility rate at a reasonable level;

(b) promote family welfare, healthy ageing, good health and social integration through effective family planning services by addressing the need for sexual and reproductive health and rights in the community through information, education and advocacy; and

(c) work for the advancement of the rights of women, men and young persons with a view to enabling them to make free and informed choices regarding their sexual and reproductive health and rights.

Status – Published in the Gazette on 20 December 2018. Will come into operation on a date to be fixed by Proclamation.

THE OMBUDSPERSON FOR FINANCIAL SERVICES ACT

(No. 21 of 2018)

Explanatory Memorandum

The object of this Act is to provide for the establishment of the Office of the Ombudsperson for Financial Services and for matters related thereto.

2. The Ombudsperson for Financial Services shall, with a view to giving better protection to consumers of financial services, receive and deal with complaints from consumers of financial services against financial institutions and may make an award for compensation, where appropriate, and give such directives as he may determine to financial institutions.

3. The Office of Ombudsperson for Financial Services shall, inter alia –

(a) inform and educate the general public on investments in financial services offered by financial institutions; and

(b) assist the Ombudsperson in dealing with complaints made by consumers of financial services against financial institutions.

Status – Published in the Gazette on 20 December 2018. Will come into operation on a date to be fixed by Proclamation.

THE SUPPLEMENTARY APPROPRIATION (2016-2017) ACT

(No. 22 of 2018)

Explanatory Memorandum

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 2016-2017, in excess of the expenditure appropriated by the Appropriation (2016-2017) Act 2016.

Status – Published in the Gazette on 20 December 2018. Came into operation on 20 December 2018.

THE DECLARATION OF ASSETS ACT

(No. 23 of 2018)

Explanatory Memorandum

The object of this Act is to make better and more comprehensive provisions for the declaration of assets by holders of important offices in the public sector.

2. Accordingly, the Bill –

(a) repeals the Declaration of Assets Act;

(b) extends the scope of assets to be declared;

(c) extends the categories of persons, in addition to Ministers, members of the National Assembly, Commissioners for the Island of Rodrigues, members of the Rodrigues Regional Assembly and Councillors of a Municipal City Council, Municipal Town Council or District Council, who shall be required to make a declaration of their assets and liabilities, to –

(i) judicial officers and senior public officers;

(ii) the Chief Executives of a Municipal City Council, Municipal Town Council or District Council, and officers of such Councils drawing salary at the level of Deputy Permanent Secretary and above;

(iii) Chairpersons and Chief Executive Officers of State-owned enterprises and statutory bodies, and officers of such enterprises and statutory bodies drawing salary at the level of Deputy Permanent Secretary and above;

(iv) advisers and officers employed on a contractual basis in Ministries, drawing salary at the level of Deputy Permanent Secretary and above;

(d) provides that the Independent Commission against Corruption shall be the depository of every declaration, and for matters related thereto.

Status – Published in the Gazette on 20 December 2018. Will come into operation on a date to be fixed by Proclamation.

THE ADDITIONAL REMUNERATION AND OTHER ALLOWANCES (2019) ACT

(No. 24 of 2018)

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 20 December 2018. Will come into operation on 1 January 2019.

THE SPORTS (AMENDMENT) ACT

(No. 25 of 2018)

Explanatory Memorandum

The main object of this Act is to amend the Sports Act 2016 to bring it in line with the World Anti-Doping Code of the World Anti-Doping Agency (WADA), and to provide for matters related thereto.

Status – Published in the Gazette on 20 December 2018. Will come into operation on a date to be fixed by Proclamation.

Acts 2018 // <![CDATA[ _spBodyOnLoadFunctionNames.push("setupPageDescriptionCallout"); // ]]>

Acts 2018