Acts 2019

THE MAURITIUS DEPOSIT INSURANCE SCHEME ACT

(No. 1 of 2019)

Explanatory Memorandum

The main object of the Act is to establish the Mauritius Deposit Insurance Scheme which shall be administered and managed by the Mauritius Deposit Insurance Corporation Ltd, a company incorporated and registered under the Companies Act.

2. The purpose of the Mauritius Deposit Insurance Scheme shall be to –

(a) protect insured depositors of a bank or non-bank deposit taking institution by providing insurance against the loss of insured deposits; and

(b) contribute to the stability of the financial system in Mauritius by ensuring that depositors have prompt access to their insured deposits, in the event of failure by a bank or non-bank deposit taking institution.

Status – Published in the Gazette on 11 April 2019. Will come into operation on a date to be fixed by Proclamation.

THE MENTAL HEALTH CARE (AMENDMENT) ACT

(No. 2 of 2019)

Explanatory Memorandum

The object of this Act is to amend the Mental Health Care Act to enhance the legal framework for the proper functioning of mental health care, and to provide for related matters.

Status – Published in the Gazette on 13 April 2019. Will come into operation on a date to be fixed by Proclamation.

THE IMMIGRATION (AMENDMENT) BILL

(No. 3 of 2019)

Explanatory Memorandum

The objects of this Act are to provide that –

(a) a non-citizen, who is the spouse of a citizen, shall not have the status of a resident where he was a prohibited immigrant at the time of becoming such a spouse;

(b) persons who suffer from any physical or mental infirmity or persons who are dumb, blind or otherwise physically defective or physically handicapped and who are likely to be a burden on the State shall no longer be treated as a distinct category of prohibited immigrants;

(c) persons who, from information or advice which in the opinion of the Minister is reliable information or advice, are likely to be undesirable inhabitants of, or visitors to, Mauritius, shall be deemed to be prohibited immigrants;

(d) persons or class of persons whose presence in Mauritius, from information or advice which in the opinion of the Minister is reliable information or advice, is likely to be prejudicial to the interests of defence, public safety, public order, public morality or public health, shall be deemed to be prohibited immigrants.

Status – Published in the Gazette on 18 April 2019. Came into operation on 18 April 2019.

THE BUILDING CONTROL (AMENDMENT) ACT

(No. 4 of 2019)

Explanatory Memorandum

The main object of this Act is to provide, in case a notice sent by registered post by a local authority on the owner or occupier of a dangerous building returns undelivered and personal service of the notice could not be effected on the owner or occupier by an officer of the local authority, for substituted service to be effected on the owner or occupier by –

(a) affixing a notice at the owner’s or occupier’s last known residence or business address;

(b) affixing a copy of the notice at the dangerous building; and

(c) publication of the notice in 2 newspapers, subject to the publication of the notice in the second newspaper is effected not later than 15 days after the publication of the notice in the first newspaper.

2. The Act, in addition, provides that in case the owner or occupier of the dangerous building still remains untraceable following substituted service, the local authority shall, notwithstanding any other enactment, cause the building to be pulled down, removed, secured or repaired, at the expense of the local authority.

3. The same procedure for substituted service shall apply where a notice served on the owner of a ruinous building returns undelivered.

4. Consequently, the Local Government Act is being amended to allow for substituted service where a compliance notice, an enforcement notice or a pulling down notice returns undelivered and personal service could not be effected by an officer of the local authority.

Status – Published in the Gazette on 4 May 2019. Will come into operation on a date to be fixed by Proclamation.

THE MAURITIUS RESEARCH AND INNOVATION COUNCIL ACT

(No. 5 of 2019)

Explanatory Memorandum

The object of this Act is to repeal the Mauritius Research Council Act and replace it by a new Act in order to –

(a) provide for the establishment of the Mauritius Research and Innovative Council and the National Research and Innovation Fund;

(b) promote high quality research and foster innovation in the national interest, and for related matters.

Status – Published in the Gazette on 23 May 2019. Will come into operation on a date to be fixed by Proclamation.

THE ROAD TRAFFIC (AMENDMENT) ACT

(No. 6 of 2019)

Explanatory Memorandum

The main object of this Act is to provide that any person who, whilst being under the influence of a drug or an intoxicating substance –

(a) rides a cycle on a road or any other public place;

(b) drives, or attempts to drive, a motor vehicle on a road or any other public place;

(c) drives, or attempts to drive, a vehicle which is involved in a road accident;

(d) is in charge of a motor vehicle on a road or any other public place; or

(e) occupies the front seat of a motor vehicle as a competent driver supervising a learner driver who is driving the motor vehicle on a road or any other public place, shall commit an offence.

2. The Act further provides, in cases where a person is suspected to be driving or to be in charge of a motor vehicle or to be riding a cycle under the influence of a drug or an intoxicating substance, for the procedures and methods of detecting whether that person is under the influence of a drug or an intoxicating substance.

3. Opportunity is being taken to clarify all the sections in the Road Traffic Act which pertain to the procedures and methods of detecting whether a person driving or being in charge of a motor vehicle, or riding a cycle, is under the influence of alcohol.

Status – Published in the Gazette on 29 May 2019. Will come into operation on a date to be fixed by Proclamation.

THE CURATELLE (AMENDMENT) ACT

(No. 7 of 2019)

Explanatory Memorandum

The main object of this Act is to make numerous amendments to the Curatelle Act, which dates to 1973, so as to make further and better provisions for the administration of vacant estates.

2. The Act provides, inter alia –

(a) for the approval of the Attorney-General to be sought before –

(i) a claim made against a vacant estate is settled;

(ii) a claim to which the Curator of Vacant Estates is a party is referred to arbitration;

(b) for an increase in the fine from 2,000 rupees to 100,000 rupees and for an increase in the term of imprisonment from 6 months to one year, for failing to furnish a statement to the Curator of Vacant Estates within the time fixed by the Judge in Chambers;

(c) for an increase in the value of any property which the Curator of Vacant Estates is empowered to hand over on behalf of a minor or an interdicted person.

Status – Published in the Gazette on 29 May 2019. Came into operation on 29 May 2019.

THE UNITED NATIONS (FINANCIAL PROHIBITIONS, ARMS EMBARGO AND TRAVEL BAN) SANCTIONS ACT

(No. 8 of 2019)

Explanatory Memorandum

The main object of this Act is to enable the Government of Mauritius to implement targeted sanctions, including financial sanctions, arms embargo and travel ban, and other measures imposed by the United Nations Security Council under Chapter VII of the Charter of the United Nations, with a view to addressing threats to international peace and security, including terrorism, the financing of terrorism and proliferation of weapons of mass destruction.

Status – Published in the Gazette on 29 May 2019. Came into operation on 29 May 2019.

THE ANTI-MONEY LAUNDERING AND COMBATTING THE FINANCING OF TERRORISM AND PROLIFERATION (MISCELLANEOUS PROVISIONS) ACT

(No. 9 of 2019)

Explanatory Memorandum

The object of this Act is to amend various enactments with a view to meeting international standards of the Financial Action Task Force on anti-money laundering and combatting the financing of terrorism and activities related to the proliferation of weapons of mass destruction, and to provide for matters related thereto.

2. Various other enactments are consequently being amended further to the United Nations (Financial Prohibitions, Arms Embargo and Travel Ban) Sanctions legislation.

Status – Published in the Gazette on 29 May 2019. Came into operation on 29 May 2019.

THE APPROPRIATION (2019-2020) ACT

(No 10 of 2019)

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 2019-2020 and for the appropriation of those sums by votes of expenditure.

Status – Published in the Gazette on 28 June 2019. Came into operation on 28 June 2019.

THE DECLARATION OF ASSETS (AMENDMENT) ACT

(No. 11 of 2019)

Explanatory Memorandum

The object of this Act is to amend the Declaration of Assets Act 2018 so as to –

(a) widen the definition of “assets”, so that assets to be declared under the Act shall include –

(i) any money deposited in a non-bank deposit taking institution licensed by the Bank of Mauritius;

(ii) trust property;

(b) exclude judicial officers from the application of the Act pending the designation or setting up of an appropriate institution to act as depository of the declarations by judicial officers;

(c) give a definition to the term “State-owned enterprise”, so that a State-owned enterprise which falls under the purview of the Act shall be such enterprise, in which the State is a shareholder or exercises a degree of control, as may be prescribed;

(d) provide for a new delay for the declaration of assets and liabilities;

(e) revoke the Declaration of Assets (Prescribed Forms) Regulations 2019; and

(f) clarify some provisions of the Act,

and to provide for matters related thereto.

Status – Published in the Gazette on 6 July 2019. Will come into operation on a date to be fixed by Proclamation.

THE DISCIPLINARY BODIES (HEALTH SECTOR) (MISCELLANEOUS PROVISIONS) ACT

(No. 12 of 2019)

Explanatory Memorandum

The main object of this Act is to amend various legislation with a view to reviewing and harmonising the disciplinary procedures and powers of statutory disciplinary bodies in the health sector, such as the Allied Health Professionals Council of Mauritius, the Dental Council of Mauritius, the Medical Council of Mauritius, the Nursing Council of Mauritius and the Pharmacy Council of Mauritius. These amendments became necessary since the disciplinary procedures and powers of those disciplinary bodies differed from one another and there was no uniformity.

2. In addition, a time limit is being imposed on the Medical Disciplinary Tribunal, such that whenever a disciplinary case of professional misconduct or negligence is referred to it by any such disciplinary body, the Tribunal shall hear and determine the disciplinary case not later than 90 days after the start of the hearing of the case, except where there is a valid reason, and with the consent of the parties to the case.

3. Opportunity is being taken to amend the Dangerous Drugs Act, whereby the setting up of an ad hoc Dangerous Drugs Tribunal under that Act will no longer be required since the supply, dispensation or prescription of a dangerous drug by a pharmacist, medical practitioner or dentist, as the case may be, to any person which is in excess of the amount that is properly required or knowing that such a prescription is not required for the medical treatment of that person shall, in lieu of that ad hoc Tribunal, be dealt with by the Pharmacy Council of Mauritius, Medical Council of Mauritius or Dental Council of Mauritius, as the case may be. However, the disciplinary sanctions against a pharmacist, medical practitioner or dentist under the Dangerous Drugs Act shall still vest in the Minister to whom responsibility for the subject of health is assigned.

4. As a consequence of the amendment being brought to the Dangerous Drugs Act, the Veterinary Council Act is being amended accordingly.

Status – Published in the Gazette on 13 July 2019. Will come into operation on a date to be fixed by Proclamation.

THE FINANCE (MISCELLANEOUS PROVISIONS) ACT

(No. 13 of 2019)

Explanatory Memorandum

The object of this Act is to provide for the implementation of the measures announced in the Budget Speech 2019-2020 and for matters connected, consequential or incidental thereto.

Status – Published in the Gazette on 25 July 2019. Partly came into operation on 25 July 2019. Please see section 57 of the Act.

THE BUSINESS FACILITATION (MISCELLANEOUS PROVISIONS) BILL

(No. 14 of 2019)

Explanatory Memorandum

The object of this Act is to bring amendments to various enactments to provide for the simplification and harmonisation of the process for the application for permits and licences with a view to further facilitating enterprises in the context of ease of doing business.

Status – Published in the Gazette on 25 July 2019. Partly came into operation on 25 July 2019. Please see section 30 of the Act.

THE INDUSTRIAL PROPERTY ACT

(No. 15 of 2019)

Explanatory Memorandum

The main objects of this Act are to –

(a) expand the scope of protection of industrial property to cover utility models, layout-designs of integrated circuits, breeder’s rights and geographical indications, and thereby promote innovation and creativity, the introduction and development of new, improved and innovative plant varieties in Mauritius and the protection of products which have a specific geographical origin and possess qualities, characteristics or a reputation which are essentially due to that origin;

(b) bring together under one enactment the provisions of the law relating to the protection of industrial property rights namely, patents, utility models, layout-designs of integrated circuits, breeder’s rights, industrial designs, marks, trade names and geographical indications, and to provide for related matters;

(c) enable Mauritius to accede to the Patent Cooperation Treaty, for the filing of international patent applications, the Hague Agreement Concerning the International Registration of Industrial Designs and the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, and to comply with its obligations thereunder following accession.

2. The Act also –

(a) makes better provision in relation to the Industrial Property Office of Mauritius, which shall be headed by a Director, and in relation to the Industrial Property Tribunal;

(b) provides for the setting up of an Intellectual Property Council the role of which shall be mainly advisory, and which shall ensure coordination among the public and private sectors in the formulation of intellectual property policies and enforcement of intellectual property rights.

Status – Published in the Gazette on 10 August 2019. Will come into operation on a date to be fixed by Proclamation.

THE NATIONAL LAND TRANSPORT AUTHORITY ACT

(No. 16 of 2019)

Explanatory Memorandum

The main object of this Act is to provide for the establishment of the National Land Transport Authority (NLTA) which shall be the regulatory body for land transport and light rail operations in Mauritius.

2. The National Land Transport Authority shall –

(a) take over the functions and powers of the National Transport Authority under the Road Traffic Act; and

(b) perform such other functions imposed, and exercise such other powers conferred, upon it under the Light Rail Act 2019.

Status – Published in the Gazette on 17 August 2019. Will come into operation on a date to be fixed by Proclamation.

THE LIGHT RAIL ACT

(No. 17 of 2019)

Explanatory Memorandum

The main object of this Act is to provide for a legal framework for the operation of the Light Rail Transit system in Mauritius, and to provide for matters related thereto.

Status – Published in the Gazette on 17 August 2019. Will come into operation on a date to be fixed by Proclamation.

THE ROAD TRAFFIC (AMENDMENT No. 2) ACT

(No. 18 of 2019)

Explanatory Memorandum

The main object of this Act is to amend the Road Traffic Act as a consequence of the Light Rail legislation and the National Land Transport Authority legislation.

Status – Published in the Gazette on 17 August 2019. Will come into operation on a date to be fixed by Proclamation.

THE VICTORIA STATION OVERHEAD PEDESTRIAN BRIDGE
(AUTHORISED CONSTRUCTION) ACT

(No. 19 of 2019)

Explanatory Memorandum

The object of this Act is to authorise Victoria Station Ltd to construct, in connection with the implementation of the Light Rail Transit system in Mauritius, an overhead pedestrian bridge over part of the Port Louis-Plaisance Dual Carriageway (M1) for the purpose of developing the Victoria Urban Terminal.

Status – Published in the Gazette on 17 August 2019. Will come into operation on a date to be fixed by Proclamation.

THE WORKERS' RIGHT ACT

(No. 20 of 2019)

Explanatory Memorandum

The object of this Act is to repeal the Employment Rights Act and replace it by a modern and comprehensive legislative framework with a view to addressing the shortcomings of the present legislation and to provide the emerging forms of work in the industrial revolution so as to promote decent work and sustainable development.

2. The Act, inter alia –

(a) protects workers against discrimination by expanding the definition of “discrimination” to include impairment and different treatment where a worker performing the same or similar work is employed by a subsidiary company or a parent company;

(b) protects workers against precarious employment by –

(i) restricting a fixed term contract to a work of a temporary nature;

(ii) considering the length of service of a worker on a fixed term contract as being continuous employment where the contract is renewed and where there is no break of 28 days between 2 fixed term contracts;

(c) gives a person who performs atypical work, such as online platform work, the status of a worker;

(d) provides for a compromise agreement to be vetted by a worker’s legal representative, trade union or representative of the Ministry responsible for the subject of labour and employment relations so as to protect workers where they are compelled to sign an agreement to their detriment;

(e) reconciles work with family by providing more flexible work arrangements, such as flexitime;

(f) provides for a recourse to a protective order to safeguard workers’remuneration and for an advance payment from a Wage Guarantee Fund Account where an employer fails to pay remuneration a worker;

(g) extends maternity benefits to a mother who adopts a child of up to 12 months old;

(h) harmonises core conditions of employment and provides for new benefits such as bank of sick leave, Juror’s leave and other special leaves;

(i) protects workers’ jobs by the setting up of a Redundancy Board;

(j) guarantees workers a gratuity on retirement which will take into account their full length of service irrespective of the number of employers with whom they have been working; and

(k) widens the scope of protection to workers against violence by making an employer vicariously responsible, in certain circumstances, for the act committed by a co-worker or any other person on a worker.

Status – Published in the Gazette on 23 August 2019. Will come into operation on a date to be fixed by Proclamation.

THE EMPLOYMENT RELATIONS (AMENDMENT) ACT

(No. 21 of 2019)

Explanatory Memorandum

The main object of the Act is to amend the Employment Relations Act with a view to consolidating and reinforcing industrial relations between workers, trade unions and employers through enhanced mechanisms for collective bargaining, social dialogue and dispute resolution.

2. The Act, inter alia –

(a) provides, with a view to encouraging collective bargaining, for the reduction in the threshold for eligibility for recognition of a trade union from 30 per cent to 20 per cent;

(b) introduces, for the purpose of collective bargaining, a standard procedure agreement which shall be binding on both a trade union and an employer;

(c) reinforces the conciliation and mediation mechanism for dispute resolution;

(d) empowers the Employment Relations Tribunal to make an award for the reinstatement of a worker whose employment has been terminated in certain cases, particularly where some of his rights have been infringed;

(e) makes provision for the setting up of a National Tripartite Council to promote social dialogue and consensus building on labour, industrial relations or socio-economic issues of national importance, and other related labour and industrial relations issues; and

(f) clarifies some provisions of the Act.

Status – Published in the Gazette on 23 August 2019. Will come into operation on a date to be fixed by Proclamation.

THE MAURITIUS METEOROLOGICAL SERVICES ACT

(No. 22 of 2019)

Explanatory Memorandum

The object of this Act is to provide a regulatory framework for the establishment and operation of the Mauritius Meteorological Services.

2. The Mauritius Meteorological Services shall, inter alia –

(a) take over the functions and powers of the existing Mauritius Meteorological Services which has so far been operating administratively without a regulatory framework;

(b) be the official authority responsible for monitoring the evolution of weather and climate, including extreme weather, throughout Mauritius, and for providing weather forecasts, advisories and warnings for the welfare and safety of the general public and for the protection and safety of maritime and aeronautical navigation; and

(c) act as the National Tsunami Warning Centre for Mauritius.

Status – Published in the Gazette on 3 October 2019. Will come into operation on a date to be fixed by Proclamation.

THE SKILLS DEVELOPMENT AUTHORITY ACT

(No. 23 of 2019)

Explanatory Memorandum

The main object of this Act is to provide for the establishment of the Skills Development Authority which shall act as an independent regulator, and shall ensure quality assurance and confer awarding powers to training institutions in the TVET sector, and to provide for matters related thereto.

Status – Published in the Gazette on 3 October 2019. Will come into operation on a date to be fixed by Proclamation.

THE ROAD TRAFFIC (AMENDMENT No. 2) ACT

(No. 24 of 2019)

Explanatory Memorandum

The main object of this Act is to amend the Road Traffic Act as a consequence of the Light Rail legislation and the National Land Transport Authority legislation.

Status – Published in the Gazette on 3 October 2019. Will come into operation on a date to be fixed by Proclamation.

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Acts 2019