Ex-Services Trust Fund: The Legislation

Note:- The text of this internet version of the Act has been prepared to reflect the text published in the Government Gazette of Mauritius. The authoritative version is the one published in the Government Gazette of Mauritius No. 71 of Thursday 27 July 2000.

THE MAURITIUS EX-SERVICES TRUST FUND ACT 2001

Act No. 6 of 2000

I assent

	CASSAM UTEEM
21st June 2000	President of the Republic

_____________

ARRANGEMENT OF SECTIONS

Section

1.	Short title
2.	Interpretation
3.	Establishment of the Fund
4.	Objects of the Fund
5.	Powers of the Fund
6.	The Board
7.	Meetings of the Board
8.	Functions and powers of the Board
9.	Duty to maintain register
10.	Appointment of staff
11.	Accounts and audit
12.	Donations and legacies
13.	Powers of the Minister
14.	Regulations
15.	Consequential amendments
16.	Transitional provisions
17.	Repeal
18.	Commencement

__________________

An Act

To provide for the establishment and management
of the Mauritius Ex-Services Trust Fund

ENACTED by the Parliament of Mauritius as follows -

1. Short title

This Act may be cited as the Mauritius Ex-Services Trust Fund Act 2000.

2. Interpretation

In this Act –

“Board” means the Board set up under section 6;

“Chairperson” means the Chairperson of the Board;

“ex-serviceman” means a person born in Mauritius who served in the armed forces during World War II or the Post War Period ending 31 December 1956;

“Fund” means the Mauritius Ex-Services Trust Fund established under section 3;

“Minister” means the Minister to whom responsibility for the subject of finance is assigned

3. Establishment of the Fund

(1) There is established for the purposes of this Act the Mauritius Ex-Services Trust Fund.

(2) The Fund shall be a body corporate.

4. Objects of the Fund

The objects of the Fund shall be -

(a) to provide financial assistance to ex-servicemen;

(b) to provide assistance to ex-servicemen’s associations represented on the Board;

5. Powers of the Fund

The Fund may acquire, hold and manage immovable property for the benefit and use of ex-servicemen and their associations.

6. The Board

(1) The Fund shall be administered and managed by a Board which shall consist of -

(a) a Chairperson appointed by the Minister;

(b) a representative of the Prime Minister’s Office;

(d) a representative of the Ministry responsible for the subject of social security;

(e) the President or a representative of each of the following ex-servicemen’s associations-

(i) the Ex-Service Association of Mauritius;

(ii) the Royal Pioneer Corps Associations;

(iii) the Union of War and Peace Ex-Servicemen;

(f) 2 persons appointed by the Minister after consultation with the ex-servicemen’s associations;

(2) The representative of each of the associations referred to in subsection (1)(e) shall be appointed with the approval of the Minister.

(3) The Chairperson and members of the Board shall hold office for a period of 2 years and shall be eligible for re-appointment.

7. Meetings of the Board

(1) Subject to section 37(6) and (8) of the interpretation and General clauses Act, the Board shall regulate its meetings and proceedings in such manner as it thinks fit.

(2) The Board shall meet at the request of the Chairperson or not less than 3 members and at such time and place as the Chairperson may direct.

(3) In the absence of the Chairperson from Mauritius or on his capacity, a meeting of the board may be convened by a member designated for that purpose by the Board

(4) Five members shall constitute a quorum.

8. Functions and powers of the Board

(1) The Board shall administer and manage the affairs and assets of the Fund and exercise the powers of the Fund in its name and on its behalf.

(2) The Board may do all such things as appear requisite and advantageous for the furtherance of the objects and for the performance of the functions of the Fund

9. Duty to maintain register

(1) The Board shall compile and maintain a register of all ex-servicemen and shall keep such information pertaining to the ex-servicemen as is necessary for the attainment of the objects of the Fund.

(2) Registration of a person in the register shall be taken as conclusive evidence of the status of that person as an ex-serviceman

10. Appointment of staff

(1) The Board shall, with the approval of the Minister, and on such terms and conditions as it may determine, appoint a Secretary to the Board and such other employees as are required for the discharge by the Board of its functions under this Act.

(2) Every employee shall be under the administrative control and direction of the Secretary.

(3) The Board shall determine the conditions of service of employees and, in particular the appointment, dismissal, discipline, pay and leave of, and the security to be given to, employees.

11. Accounts and audit

(1) The Board shall not later than 6 months after the close of every financial year, submit to the Minister an annual report on its activities together with the audited statements of accounts for that financial year.

(2) The Minister shall lay a copy of the audited accounts of the Fund before the Assembly as soon as practicable after receiving them.

12. Donations and legacies

Article 910 of the Code Napoleon shall not apply to the Fund.

13. Powers of the Minister

(1) The Minister may give such general directions to the Board, not inconsistent with the provisions of this Act as he considers necessary in the public interest and the Board shall comply with those directions

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

14. Regulations

The Minister may make such regulations as he thinks for the purpose of this Act.

15. Consequential amendments

(1) Subject to subsections (2) and (3), the Statutory Bodies (Accounts and Audit) Act is amended in Part II of the Schedule by adding the following in its appropriate alphabetical order –

Mauritius Ex-Services Trust Fund

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

(3) The auditor to be appointed under section5(1) of the Statutory Bodies (Accounts and Audit) Act shall be the Director of Audit.

16. Transitional provisions

The Ex-Servicemen’s Welfare Fund shall, at the commencement of this Act, be dissolved and -

(a) all assets and liabilities of the Ex-Servicemen’s Welfare Fund shall be transferred to and shall vest in the Fund without need for the compliance with any other formality and the Fund shall have all powers necessary to take possession of recover and deal with those assets and discharge those liabilities;

(b) every agreement or undertaking, whether in writing or not, and every deed, contract, grant, allotment or other instrument to which the Ex-Servicemen’s Welfare Fund was a party, and having effect immediately before the commencement of this Act shall have effect as if the Fund were a party to it instead of the Ex-Servicemen’s Welfare Fund;

(c) the Fund shall become owner of all documents, books and other records relating to the finances, assets and activities of the Ex-Servicemen’s Welfare Fund.

17. Repeal

The Ex-Servicemen’s Welfare Fund Act is repealed.

18. Commencement

This Act shall come into operation on a date to be fixed by Proclamation.

Passed by the National Assembly on the sixth day of June two thousand.

ANDRÉ POMPON

Clerk of the National Assembly