Miscellaneous

An Act to promote a culture of good governance and integrity reporting in Mauritius

ENACTED BY THE PARLIAMENT OF MAURITIUS, AS FOLLOWS –

PART V – MISCELLANEOUS

17. Realisation of property

  1. Where an Unexplained Wealth Order is made and the order is not subject to an appeal, nor discharged, the property recovered and confiscated shall vest in the Agency.
  2. The Agency shall appoint a liquidator to realise any confiscated property.

18. General Fund

  1. The Agency shall establish a General Fund into which shall be paid all sums received from the Consolidated Fund and any such source as the Minister may approve.
  2. The Agency may charge to the General Fund all remunerations, allowances, salaries, grants, fees, pensions, gratuities, working expenses, and all other charges properly arising, including any necessary capital expenditure.
  3. The Agency shall, not later than 3 months before the commencement of each financial year, submit to the Minister, for approval, an estimate of its income and expenditure for that financial year.

19. National Recovery Fund

  1. The Agency shall set up a National Recovery Fund –
    1. into which shall be paid all sums that may lawfully accrue to it, other than as set out in section 18, including any sums derived from the realisation of property under section 17;
    2. out of which may be paid any reward; and
    3. out of which payments may be made to alleviate poverty.
  2. Article 910 of the Code Civil Mauricien shall not apply to the Fund.
  3. The Director shall cause accounts to be kept for the receipts and expenses of the Agency which shall, every year, be audited by the Director of Audit.
  4. The Director shall, at the end of every financial year, cause to be laid on the table of the National Assembly a copy of the audited accounts of the Agency.

20. Protection of persons making reports

  1. Where a person –
    1. makes a disclosure or report to the Agency which is shown to be genuine; or
    2. at the time he makes a disclosure or report has reasonable grounds to believe that the information he discloses is true and of such a nature as to warrant an enquiry under this Act, he shall incur no civil or criminal liability as a result of the disclosure or report.
    1. Any person who commits an act of victimisation or retaliation against a person who has made a disclosure or report pursuant to this Act shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding one year.
    2. in this subsection –
      “victimisation” and “retaliation” mean an act –
      (i) which causes injury, damage or loss;
      (ii) of intimidation or harassment;
      (iii) of discrimination, disadvantage or adverse treatment in relation to a person’s employment;
      or
      (iv) amounting to threats of reprisals.
  2. Any person who knowingly makes a false, malicious or vexatious disclosure to the Agency shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding one year.

21. Confidentiality

  1. The Director, member, employee and consultant shall take such oath as may be prescribed.
  2. No person referred to in subsection (1) shall, except in accordance with this Act, or as otherwise authorised by law –
    1. divulge any information obtained in the exercise of a power, or in the performance of a duty, under this Act;
    2. divulge the source of such information or the identity of any informer or the maker, writer or issuer of a report submitted to the Agency.
  3. Every person referred to in subsection (1) shall maintain confidentiality of any matter, document, report and other information relating to the administration of this Act that becomes known to him, or comes in his possession or under his control during and after his appointment or employment with the Agency or Board, as the case may be.
  4. Subsections (2) and (3) shall not apply to an act done to enable the Agency or Board to carry out its functions under this Act or in the interest of the prevention and detection of crime.
  5. Any person who, without lawful or reasonable excuse, contravenes this section shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding one year.

22. Protection from liability

No liability, civil or criminal, shall be incurred by the Director, employee or member in respect of any act done or omitted in the execution in good faith of his functions or duties under this Act.

22A. Exemptions

  1. The Agency shall be exempt from payment of any levy, rate, charge or fee.
  2. No registration fee shall be payable in respect of any document signed or executed by the Agency under which the Agency is a beneficiary.

Amended by [Act No.13 of 2019]

23. Regulations

  1. The Minister may make such regulations as he thinks fit for the purposes of this Act.
  2. Any regulations made under subsection (1) may provide for –
    1. the levying of fees and charges; and
    2. prescribing anything that may be prescribed under this Act.

24. Commencement

This Act shall come into operation on 1 January 2016.
Passed by the National Assembly on the third day of December two thousand and fifteen.

SCHEDULE

[Section 2]

PUBLIC SECTOR AGENCIES

Any Ministry or Government department Any local authority
Any statutory body
The Mauritius Police Force
Amended by [Act No.13 of 2019]

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