Privilege and Disclosure Order

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



Sub-Part A – Privilege

12. Privilege

  1. The Agency may, before submitting a report to the Board under section 5(2), inscribe a privilege in favour of Government on the property in respect of which the person is unable to give a satisfactory account of his unexplained wealth.
    (1A) Where a statutory request has been served, no transfer, pledging or disposal of property shall be made.
  2. The Agency shall deposit with the Conservator of Mortgages 2 identical memoranda in such form as may be prescribed and forthwith notify the person referred to in subsection (1).
  3. The Conservator of Mortgages shall, on deposit of the memoranda, inscribe the privilege generally on the property referred to in subsection (1) and return one of the memoranda to the Agency with a statement written or stamped on it to the effect that the privilege has been inscribed.
  4. Where a privilege is inscribed under this section, it shall take effect from the date of the inscription.
    1. The inscription of privilege under this section shall, unless renewed, lapse 42 days from the date of the deposit of the memoranda at the Office of the Conservator of Mortgages and shall accordingly be erased.
    2. Where an inscription is erased pursuant to paragraph (a), the Agency shall, within 5 working days of the date of the notification of the erasure by the Conservator of Mortgages, give written notice of that fact to the person on whose property the inscription was made.
  5. Any inscription or erasure which is required to be taken or made under this section shall be free from stamp duty under the Stamp Duty Act, or registration dues leviable under the Registration Duty Act, or any other costs.

Amended by [Act No.13 of 2019]

Sub-Part B – Disclosure Order

13. Disclosure order

The Agency may apply, in relation to a suspected case of unexplained wealth, to the Judge in Chambers for a disclosure order –

  1. to obtain information on property held by a person or by any other person on his behalf; or
  2. requiring any person to disclose the sources of funds used to acquire, possess or control any property.

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