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Acts 2021

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​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.
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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.

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​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.
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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.

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​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.

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​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;

(c) develop and implement projects for the welfare of taxi operators and their families; and

(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.


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​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.
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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
 
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 and the Supplementary Appropriation (2020-2021) Act 2021.


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


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

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​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.​ ​ 

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