Acts 2021


RESUME ACT 1 OF 2021
SUPPLEMENTARY APPROPRIATION (2018-2019) ACT (No. 1 of 2021) 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 2018-2019, in excess of the expenditure appropriated by the Appropriation (2018-2019) Act 2018. Status – Published in the Gazette on 27 March 2021. Came into operation on 27 March 2021.
RESUME ACT 2 OF 2021
THE NON-CITIZENS (PROPERTY RESTRICTION) (AMENDMENT) ACT (No. 2 of 2021) Explanatory Memorandum The main object of this Act is to amend the Non-Citizens (Property Restriction) Act to provide that a foundation, under the Foundations Act, which has a person who is not a citizen of Mauritius as a founder, a beneficial owner, an ultimate beneficial owner or a beneficiary, shall not hold, dispose of, purchase or otherwise acquire property without prior authorisation under the Act. 2. Accordingly, the definition of “acquire", “hold" or “purchase" is being broadened so as to include the distribution of property to a beneficiary under the Foundations Act. 3. In addition, provisions are being made so that a non-citizen who disposes of a property shall also seek prior authorisation under the Act. 4. As a consequence of the amendments being brought to the Non-Citizens (Property Restriction) Act, amendments are also being brought to the Foundations Act. Status – Published in the Gazette on 29 April 2021. Came into operation on 29 April 2021.

RESUME ACT 3 OF 2021

SUPPLEMENTARY APPROPRIATION (2020-2021) ACT

(No. 3 of 2021)

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 2020-2021, in excess of the expenditure appropriated by the Appropriation (2020-2021) Act 2020.

Status – Published in the Gazette on 12 May 2021. Came into operation on 12 May 2021.

RESUME ACT 4 OF 2021

MENTAL HEALTH CARE (AMENDMENT) ACT

(No. 4 of 2021)

Explanatory Memorandum

The main object of this Act is to amend the Mental Health Care Act to provide that the duty, which is mainly a medical duty, of reviewing mental patients who are suspected of having committed a criminal offence or who are in the custody of the police or who are detainees in a reform institution referred to in the Reform Institutions Act shall, be performed by the Managerial Committee instead of the Commission. This will allow the Commission to devote more time to, and discharge more efficiently, its more important functions such as investigation into complaints and cases of breach of discipline.

2. In addition, the Act makes provisions for certain criminal offences such as failure to attend the Commission when required to do so or giving false or misleading evidence before the Commission.

3. Opportunity is also being taken to clarify some provisions of the Mental Health Care Act, and to provide for matters related thereto.

Status – Published in the Gazette on 15 May 2021. Will come into operation on a date to be fixed by Proclamation.

RESUME ACT 5 OF 2021

THE LOCAL GOVERNMENT (AMENDMENT) ACT

(No. 5 of 2021)

Explanatory Memorandum

The object of this Act is to amend the Local Government Act so as to provide that, at any time, when –

(a) a period of public emergency is in force in Mauritius; and

(b) there is, or there is likely to be, an epidemic of a communicable disease
in Mauritius and a quarantine period is in force in Mauritius,

the President, acting in accordance with the advice of the Prime Minister, shall, by Proclamation, extend, during such periods, from time to time the life of 6 years of the entire Municipal City Council and Municipal Town Councils, or entire Village Councils, by not more than one year at a time, provided that the life of the Councils shall not be extended for more than 2 years.

2. Accordingly, the Act provides that where the life of 6 years of the entire Municipal City Council and Municipal Town Councils, and the entire Village Councils, is extended –

(a) every Councillor, including a District Councillor, other than the Lord Mayor and Deputy Lord Mayor, Mayors and Deputy Mayors, and Chairpersons and Vice-chairpersons of District Councils and Village Councils, shall continue to serve as such until the day preceding nomination day at the next general election of the entire Municipal City Council and Municipal Town Councils, and the entire Village Councils, as the case may be;

(b) the Lord Mayor and Deputy Lord Mayor, Mayors and Deputy Mayors, and Chairpersons and Vice-chairpersons of District Councils and Village Councils, shall continue to serve as such until their successors are elected after the next general election of the entire Municipal City Council and Municipal Town Councils, and the entire Village Councils, as the case may be; and

(c) every member of an Executive Committee of a Municipal City Council, Municipal Town Council and District Council shall continue to serve as such until the day preceding nomination day at the next general election of the entire Municipal City Council and Municipal Town Councils, and the entire Village Councils, as the case may be.

3. The Local Government Act does not prescribe a time limit for the President to issue writs of election after the dissolution of the entire Municipal City Council and Municipal Town Councils, and entire Village Councils. Accordingly, the Act is addressing this issue by making provision for writs of election to be issued by the President, for the general election of Councillors to the entire Municipal City Council and Municipal Town Councils, and Village Councils, within 60 days of the date of any dissolution of the former Municipal City Council and Municipal Town Councils, and Village Councils.

4. Opportunity is being taken to provide that the time limit during which an application for a Building and Land Use Permit shall be determined shall not apply where that time limit, or part thereof, falls on or after the date on which a new Permits and Business Monitoring Committee is constituted after the general election of the entire Municipal City Council and Municipal Town Councils, and the entire Village Councils, as the case may be.

5. The Act further provides for matters connected, incidental and related thereto.

Status – Published in the Gazette on 27 May 2021. Came into operation on 27 May 2021.

RESUME ACT 6 OF 2021

THE TAXI OPERATORS WELFARE FUND ACT

(No. 6 of 2021)

Explanatory Memorandum

The main object of this Act is to provide for the establishment of the Taxi Operators Welfare Fund for the advancement and promotion of the welfare of taxi operators and their families.

2. The Taxi Operators Welfare Fund shall, in the discharge of its functions –

(a) manage and optimise its financial and other resources to further the social and economic welfare of taxi operators and their families;

(b) set up and develop schemes, including loan schemes and other forms of financial assistance, for taxi operators and their families;

(d) to do all such things as appear necessary and conducive to the advancement and promotion of the welfare of taxi operators and their families.

Status – Published in the Gazette on 27 May 2021. Will come into operation on a date to be fixed by Proclamation.

RESUME ACT 7 OF 2021

THE APPROPRIATION (2021-2022) ACT

(No. 7 of 2021)

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 2021-2022 and for the appropriation of those sums by votes of expenditure.

Status – Published in the Gazette on 29 June 2021. Came into operation on 29 June 2021.

RESUME ACT 8 OF 2021

THE SUPPLEMENTARY APPROPRIATION (2020-2021)(No. 2)ACT

(No. 8 of 2021)

Explanatory Memorandum

Status – Published in the Gazette on 30 June 2021.Came into operation on 30 June 2021.

RESUME ACT 9 OF 2021

SECURITIES (AMENDMENT)ACT

(No. 9 of 2021)

Explanatory Memorandum

The main object of this Act is to amend the Securities Act with a view to –

(a) allowing, in addition to the Stock Exchange of Mauritius Ltd, other securities exchanges to establish, maintain or operate securities exchanges in Mauritius, whether physically, electronically or otherwise; and

(b) allowing, in addition to the Central Depository and Settlement Co. Ltd, other clearing and settlement facilities to provide, whether physically, electronically or otherwise, services in Mauritius with respect to the deposit, clearing or settlement of securities transactions;

(c) introducing therein the concept of “retail investors”, being investors, other than sophisticated investors, and thereby recognising foreign funds whose securities are marketed to retail investors in or from Mauritius; and

(d) waiving the requirement for foreign reporting issuers to be registered with the Financial Services Commission.

2. The Act further provides for matters connected, incidental and related thereto.

Status – Published in the Gazette on 3 July 2021. Will come into operation on a date to be fixed by Proclamation.

RESUME ACT 10 OF 2021

THE MAURITIUS EMERGING TECHNOLOGIES COUNCIL ACT

(No. 10 of 2021)

Explanatory Memorandum

The object of this Act is to –

(a) provide for the establishment of the Mauritius Emerging Technologies Council; and

(b) promote high quality research in emerging technologies.

Status – Published in the Gazette on 3 July 2021. Will come into operation on a date to be fixed by Proclamation.

RESUME ACT 11 OF 2021

THE OPTICAL COUNCIL ACT

(No. 11 of 2021)

Explanatory Memorandum

The object of this Act is to provide for the establishment of the Optical Council of Mauritius with a view to better regulating the profession of opticians.

2. The Act accordingly provides that the Council will, inter alia –

(a) (a) regulate and control the profession of opticians;

(b) register opticians;

(d) promote the advancement of opticians;

(e) approve, conduct or cause to be conducted training courses, programmes, lectures, seminars or conferences, including continuing professional development courses or programmes, for opticians.

Status – Published in the Gazette on 13 July 2021. Will come into operation on a date to be fixed by Proclamation.

RESUME ACT 12 OF 2021

THE CONSTRUCTION INDUSTRY DEVELOPMENT BOARD (AMENDMENT) ACT

(No. 12 of 2021)

Explanatory Memorandum

The object of this Act is to amend the Construction Industry Development Board Act so as to provide for a more appropriate and modern legislative framework in view of the accelerating development in the construction industry.

2. Accordingly, the Act makes provisions, inter alia –

(a) for the registration of providers of construction works and construction services, and suppliers of construction materials, equipment, plant and labour for construction purposes; and

(b) to the effect that nothing shall preclude a professional architect, a professional quantity surveyor and a registered professional engineer from taking or using the name, description or title of “consultant” in his respective field;

(c) for additional powers to be given to the Construction Industry Development Council in determining applications for registration under the Act;

(d) for empowering the Construction Industry Development Council to issue a compliance notice to a person who offers his services as a consultant, contractor, service provider or supplier without being registered under the Act, ordering that person to make an application for registration;

(e) for empowering the Construction Industry Development Council to compound, with the consent of the Director of Public Prosecutions, some specific offences committed by a person where the person agrees, in writing, to pay such amount not exceeding the maximum penalty specified for the offence as may be acceptable to the Council;

(f) for empowering the Construction Industry Development Council to review the registration of every consultant, contractor, service provider and supplier, and the power to collect statistical information in the construction industry; and

(g) for matters connected, incidental and related thereto.

3. In addition, a foreign architect will be allowed to practise as an architect in Mauritius without the need for him to enter into a joint venture agreement with a local architect or local firm of architects, as is the case for a foreign engineer and a foreign quantity surveyor. This amendment has been rendered necessary with a view to affording the same treatment to all professionals in the construction industry and for ease of doing business.

4. Consequently, the Building Control Act, the Professional Architects' Council Act, the Professional Quantity Surveyors' Council Act and the Registered Professional Engineers Council Act are being amended.

Status – Published in the Gazette on 15 July 2021. Will come into operation on a date to be fixed by Proclamation.


RESUME ACT 13 OF 2021
THE INSTITUTE OF TECHNICAL EDUCATION AND TECHNOLOGY ACT (No. 13 of 2021) Explanatory Memorandum The object of this Act is to provide for – (a) the setting up of the Institute of Technical Education and Technology to operate and manage technical education centres; (b) opportunities and pathways to students pursuing studies in technical and technology education, and for matters related thereto. Status – Published in the Gazette on 24 July 2021. Will scme into operation on a date to be fixed by Proclamation.


RESUME ACT 14 OF 2021
THE SOCIAL CONTRIBUTION AND SOCIAL BENEFITS ACT (No. 14 of 2021) Explanatory Memorandum The object of this Act is to provide for a comprehensive regulatory framework to give full implementation for the administration and operation of this new social contribution and social benefits system. 2. This new mechanism will, as a consequence, mostly benefit those at the lower-end of the ladder, as well as self-employed and small and medium enterprises. Accordingly, the Bill makes provisions – (a) in addition to the basic retirement pension payable under the National Pensions Act, for the payment of a guaranteed monthly retirement benefit to a person above the normal retirement age; and (b) following injury at work, for the payment of other enhanced social benefits such as industrial injury benefit, disablement benefit, survivor's benefit, orphan's benefit and other social benefits as opposed to the lesser benefits currently payable under the National Pensions Act. 3. In addition, the Act provides for the setting up of a Social Benefits Review Committee which shall have the responsibility to devise and develop mechanisms with a view to enhancing these social benefits and maintaining their sustainability for the future. Status – Published in the Gazette on 31 July 2021. Partly came into operation on 1 September 2020. Partly will come into operation on 1 September 2021 and 1 July 2023.


RESUME ACT 15 OF 2021
ACT NO. 15 (FINANCE (MISCELLANEOUS PROVISIONS) ACT) (No. 15 of 2021) Explanatory Memorandum The object of this Act is to provide for the implementation of measures announced in the Budget Speech 2021-2022 and for matters connected, consequential and incidental thereto Status – Published in the Gazette on 5 August 2021. Partly came into operation on 5 August 2021 – (see section 97)

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Acts 2021