PUBLIC OFFICERS' WELFARE COUNCIL ACT 1992
Act 28 of 1992-12 October 1992

ARRANGEMENT OF SECTIONS

Sections

Short title
Interpretation
Establishment of the Council
Objects of the Council
Management of the Council
Staff of the Council
General Fund
Execution of Documents
Protection of members and officers
Powers of Minister
Donations
Regulations
Consequential amendments
Commencement 

An Act

To provide for the setting up of a Public Officers' Welfare Council

ENACTED by the Parliament of Mauritius, as follows-

1 Short title
This Act may be cited as the Public Officers' Welfare Council Act 1992.

2 Interpretation
"Board" means the Board established under section 5;
"Council" means the Public Officers' Welfare Council established under section 3;
"Minister" means the Minister to whom responsibility for the subject of the public service is assigned.

3 Establishment of the Council
(1) There is established for the purposes of this Act a Public Officers' Welfare Council.
(2) The council shall be a body corporate.

4 Objects of the Council
The objects of the Council shall be-

(a) to organise recreational and cultural activities for the public officers;

(b) to enlist the participation of public officers in the implementation of activities approved by the Council;

(c) to generally promote the welfare of public officers and their families;

(d) to maintain effective communication with departmental staff welfare associations;

(e) to diffuse information on public service matters generally;

(f) to set up and operate schemes or projects for the benefit of public officers and their families;

(g) to advise the Minister on matters relating to the welfare of public officers.

[Amended 3/95]

5 Management of the Council
(1) The Council shall be managed and administered by a Board.

(2) The Board shall consist of-

(a) a Chairman to be appointed by the Minister;

(b) a representative of the Prime Minister's office;

(c) a representative of the Ministry of Civil Service Affairs and Administrative Reforms;

(d) a representative of the Ministry of Women's Rights, Child Development and Family Welfare;

(e) a representative of the Ministry of Youth & Sports;

(f) a representative of the Ministry of Arts and Culture;

(g) a representative of the Ministry of Finance;

(h) three representatives of Civil Service trade unions appointed by the Minister;

(i) two independent persons, one of whom shall be a woman, appointed by the Minister.

(3) The Board shall regulate its meetings and proceedings in such manner as it thinks fit.

(4) Six members shall constitute a quorum.

(5) The members of the Board shall be paid such fees as may be approved by the Minister.

[Amended 3/95]

6 Staff of the Council
(1) The Board may, with the approval of the Minister, appoint on such terms and conditions as it may determine, such officers as may be necessary for the proper discharge of its functions under this Act.

(2) The Officers shall be under the administrative control of the Board or any other person designated by the Board.

[Amended 3/95]

7 General Fund
(1) The Council shall establish a General Fund-

(a) into which all money received by the Council shall be paid;

(b) out of which all payments required to be effected by the Council shall be met.

(2) The Council shall derive its funds from-

(a) the Consolidated Fund;

(b) any dues or fees levied by the Board; and

(c) any other source approved by the Minister.

8 Execution of documents
No documents shall be executed by or on behalf of the Council unless it is signed by-

(a) The chairman of the Board or, in his absence, by a member designated by the Board; and

(b) An officer designated for that purpose by the Board.

[Amended 3/95]

9 Protection of members and officers
No liability, civil or criminal, shall lie against any member or officer of the Council in respect of any act done or omitted to be done in good faith in the exercise of his functions under this Act.

10 Powers of Minister
(1) The Minister may, after consultation with the Council, give such directions of a general nature, not inconsistent with this Act, as he considers necessary in the public interest, and the Council shall comply with these directions.

(2) The Council shall furnish to the Minister such information with respect to its activity as the Minister may require.

11 Donations
Article 910 of the Code Napoléon shall not apply to any donation received by the Council.

12 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 the taking of fees and the levying of charges.

13 Consequential amendments

(1) Subject to subsections (1) and (2), the Statutory Bodies (Accounts and Audit) Act is amended in Part I of the Schedule by adding in its appropriate alphabetical place-Public Officers' Welfare Council

(2) For the purposes of the Statutory Bodies (Accounts and Audit) Act, the period extending from the commencement of this Act to the 30th June 1993 shall be deemed to be the first financial year of the Council.

(3) Section 7(1) of the Statutory Bodies (Accounts and Audit) Act shall not apply in relation to the first financial year of the Council.

(4) The auditor to be appointed under section 5(1) of the Statutory Bodies (Accounts and Audit) Act shall be the Director of Audit.

14 Commencement
This Act shall come into operation on a day to be fixed by Proclamation.

[P 15/92]