The Covid-19 (Miscellaneous Provisions) Bill

THE COVID-19 (MISCELLANEOUS PROVISIONS) BILL
(No. I of 2020)
Explanatory Memorandum
The object of this Bill is to amend a number of enactments to cater for the
impact of the novel coronavirus (2019-nCoV), the infectious disease commonly
known as COVID-19, and for matters connected, consequential or related thereto.
P. K. JUGNAUTH
Prime Minister, Minister of Defence, Home Affairs and
External Communications, Minister for Rodrigues,
Outer Islands and Territorial Integrity
09 May 2020
_______________
THE COVID-19 (MISCELLANEOUS PROVISIONS) BILL

(No. I of 2020)
ARRANGEMENT OF CLAUSES
Clause
1. Short title
2. Bank of Mauritius Act amended
3. Central Electricity Board Act amended
4. Central Water Authority Act amended
5. Chemical Fertilisers Control Act amended
6. Civil Status Act amended
7. Companies Act amended
8. Consumer Protection (Price and Supplies Control) Act amended
9. Courts Act amended
10. Criminal Code amended
11. Customs Act amended
12. Customs Tariff Act amended
13. Data Protection Act 2017 amended
14. Education Act amended
15. Employment Relations Act amended
16. Environment Protection Act amended
17. Finance and Audit Act amended
18. Financial Reporting Act amended
19. Financial Services Act amended
20. Foundations Act amended
21. Freeport Act amended
22. Gambling Regulatory Authority Act amended
23. Immigration Act amended
24. Income Tax Act amended
25. Independent Police Complaints Commission Act amended
26. Information and Communication Technologies Act amended
27. Insolvency Act amended
28. Interpretation and General Clauses Act amended
29. Land (Duties and Taxes) Act amended
30. Landlord and Tenant Act amended
31. Light Rail Act 2019 amended
32. Limited Liability Partnerships Act amended
33. Limited Partnerships Act amended
34. Mauritius Cane Industry Authority Act amended
35. Mauritius Revenue Authority Act amended
36. Mauritius Standards Bureau Act amended
37. National Land Transport Authority Act 2019 amended
38. National Pensions Act amended
39. National Youth Council Act amended
40. Passports Act amended
41. Pharmacy Act amended
42. Plant Protection Act amended
43. Police Act amended
44. Public Debt Management Act amended
45. Public Health Act amended
46. Public Officers’ Protection Act amended
47. Public Procurement Act amended
48. Registration Duty Act amended
49. Road Traffic Act amended
50. Sports Act amended
51. Statutory Bodies (Accounts and Audit) Act amended
52. Sugar Insurance Fund Act amended
53. Tourism Authority Act amended
54. Transcription and Mortgage Act amended
55. Utility Regulatory Authority Act amended
56. Value Added Tax Act amended
57. Workers’ Rights Act 2019 amended
58. Commencement
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
________________
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A BILL
To amend a number of enactments to cater for the impact of the

COVID-19 infectious disease, and for matters connected,
consequential or related thereto
ENACTED by the Parliament of Mauritius, as follows –
1. Short title
This Act may be cited as the Covid-19 (Miscellaneous Provisions) Act

2020.
2. Bank of Mauritius Act amended
The Bank of Mauritius Act is amended –
(a) in section 6 –
(i) in subsection (1) –
(A) by inserting, after paragraph (o), the following new

paragraph –
(oa) on account of the Covid-19 virus having a

negative impact on the economy of
Mauritius, grant such amount to
Government as the Board may approve to
assist it in its fiscal measures to stabilise
the economy of Mauritius;
(B) in paragraph (y), by inserting, after the words “shares

of”, the words “, provide capital to or invest in,”;
(ii) in subsection 16, by inserting, before the definition of

“suspect”, the following new definition –
“Covid-19 virus” means the novel coronavirus (2019-

nCoV);
(b) in section 46, by adding the following new subsection –
(5) The Bank may, for the purpose of section 6(1)(y),

invest, with the approval of the Board, such amount of the official
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foreign reserves as the Board may determine in any corporation or
company set up for the purpose of facilitating economic
development.
(c) in section 47, by adding the following new subsection –
(6) Notwithstanding subsection (5), the Board may, on

account of the Covid-19 virus having a negative impact on the
economy of Mauritius, approve such grant from the Special Reserve
Fund to assist Government in its fiscal measures to stabilise the
economy of Mauritius.
3. Central Electricity Board Act amended
The Central Electricity Board Act is amended, in section 20A, by adding

the following new subsection –
(4) Where, pursuant to subsection (2), the time period of 20 days

expires, or falls wholly or partly, during –
(a) the COVID-19 period; or
(b) such further period as may be prescribed after the

COVID-19 period lapses,
no surcharge shall be imposed and the electricity supply shall not be

disconnected, provided that the licence fee along with the electricity bill is
paid not later than such period as may be prescribed.
4. Central Water Authority Act amended
The Central Water Authority Act is amended, in section 21A, by adding

the following new subsection –
(5) Where, pursuant to subsection (2), the time period of 21 days

(b) such further period as may be prescribed after the

no surcharge shall, notwithstanding subsection (3)(a), be imposed and the

water supply shall not be disconnected, provided that the amount of fees,
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rates, charges or other duties that the person owed to the Waste Water
Management Authority is paid not later than such period as may be
prescribed.
5. Chemical Fertilisers Control Act amended
The Chemical Fertilisers Control Act is amended –
(i) by numbering the existing provision as subsection (1);
(ii) by adding the following new subsection –
(2) (a) The Permanent Secretary or his

representative may enter into any premises where a licensee
stores chemical fertilisers and take stock thereof.
(b) Where the Permanent Secretary or his

representative reasonably believes that the licensee is
withholding a stock of chemical fertilisers for the purpose of
profiteering, he may seize the stock of chemical fertilisers.
(c) Any licensee who withholds a stock of

chemical fertilisers for the purpose of profiteering shall commit
an offence.
(b) in section 9, in subsection (2), by deleting the words “1,000 rupees”

and replacing them by the words “10,000 rupees”.
6. Civil Status Act amended
The Civil Status Act is amended –
(i) by inserting, after subsection (1), the following new

subsection –
(1A) Where, pursuant to subsection (1)(a), the time

period of 45 days to declare a birth expires during, or falls
wholly or partly, during –
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(b) a period of 30 days after the COVID-19
period lapses,
the declaration may, notwithstanding the time imposed, be

made not later than such period as may be prescribed.
(ii) in subsection (2), by inserting, after the words “45 days”, the
words “or within the period specified in subsection (1A)”;
(3) Where, pursuant to subsection (2), the time period of 3

months expires, or falls wholly or partly, during –
(a) the COVID-19 period, no new publication shall,

notwithstanding the time imposed, be made
provided that the marriage takes place not later
than 2 months after the COVID-19 period lapses;
or
(b) a period of 30 days after the COVID-19 period

lapses, no new publication shall, notwithstanding
the time imposed, be made provided that the
marriage takes place not later than 2 months
after the 30 days period lapses.
7. Companies Act amended
The Companies Act is amended –
(a) by inserting, after section 20, the following new section –
20A. Temporary measures during COVID-19 period
(1) The Registrar may, during the COVID-19 period and

such further period, as the Registrar may determine, after the COVID-
19 period lapses, issue such Practice Directions, guidelines or such
other instructions as may be necessary for the proper administration
of this Act.
(2) Any Practice Direction, guideline or other instruction

issued under subsection (1) shall be published in the Gazette and
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shall remain in force unless amended or revoked by publication in the
Gazette.
(b) in section 115 –
(i) in subsection (1)(b), by deleting the words “6 months” and

replacing them by the words “9 months or such further period,
as the Registrar may determine, after the COVID-19 period
lapses”;
(ii) by inserting, after subsection (1), the following new

subsection –
(1A) (a) Subsection (1)(a) and (c) shall not apply

during the COVID-19 period and such further period, as the
Registrar may determine, after the COVID-19 period lapses.
(b) The Registrar may issue such Practice

Directions as may be necessary to determine the manner in
which a meeting is to be held during the COVID-19 period and
such further period, as the Registrar may determine, after the
COVID-19 period lapses.
(5) This section shall not apply during the COVID-19 period
and such further period, as the Registrar may determine, after the
(d) in section 210, in subsection (1), by deleting the words “6 months”

and replacing them by the words “9 months or such further period,
as the Registrar may determine, after the COVID-19 period lapses”;
(e) in section 215, in subsection (1), by deleting the words “28 days”
and replacing them by the words “3 months or such further period,
as the Registrar may determine, after the COVID-19 period lapses”.
8. Consumer Protection (Price and Supplies Control) Act amended
The Consumer Protection (Price and Supplies Control) Act is amended –
(a) in section 2, by inserting, in the appropriate alphabetical order, the

following new definition –
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“Fixed Penalty Notice” or “FPN” means a notice referred to in section
30A;
(b) by inserting, after section 30, the following new sections –
30A. Fixed Penalty Notice
(1) Where a person commits an offence specified in the

Fifth Schedule, an authorised officer or police officer who detects
the offence shall require the person to elect whether to accept a
Fixed Penalty Notice (FPN) or for the offence to be reported with a
view to proceedings being taken against him before a Court.
(2) Where the person elects to accept an FPN pursuant to

subsection (1), one copy of the FPN, in such form as may be
prescribed and drawn up in quadruplicate, shall immediately be
served on him, calling upon him to pay within 21 days such fine as
may be prescribed at the appropriate District Court.
(3) The authorised officer or police officer who detects the

offence shall –
(a) forward one copy of the FPN to the Permanent

Secretary or the Commissioner of Police, as the
case may be;
(b) forward one copy to the appropriate District

Court; and
(c) retain the fourth copy.
30B. Payment of fixed penalty
(1) A person who elects to accept an FPN pursuant to

section 30B shall, within 21 days –
(a) attend the appropriate District Court specified in

the FPN;
(b) produce –
(i) the FPN;
(ii) his National Identity Card; and
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(c) pay the fine specified in the FPN.
(2) On receipt of payment made under subsection (1), the

District Court Officer shall fill in the relevant part of the FPN and,
within 14 days of the date of payment, return the FPN to the
authorised officer or police officer, as the case may be.
30C. Non-payment of fixed penalty
Where a person who has been served with an FPN under

section 30A fails to pay the appropriate fine within the time limit
mentioned in the FPN and criminal proceedings are instituted against
him for the offence in respect of which he was served with the FPN,
he shall, notwithstanding this Act or any other enactment, be liable,
on conviction, to a fine which shall not be less than twice the fixed
penalty in respect of that offence.
(c) in section 31, by inserting, after subsection (1), the following new
subsection –
(1A) The Permanent Secretary may, in respect of the

commission of an offence specified in the Fifth Schedule apply for the
suspension of the trade licence for a period not exceeding one month.
(d) in section 35, in subsection (2)(a), by adding the following new

paragraph –
(x) anything which by this Act may or is to be

prescribed;
(e) by adding the Fifth Schedule set out in the First Schedule to this Act.
9. Courts Act amended
The Courts Act is amended, in Part VI –
(a) by inserting, after section 197F, the following new sections –
197G. Judicial services during COVID-19 period
The Chief Justice may –
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(a) during the COVID-19 period, determine that such
judicial services as he deems essential shall be
provided by any Court;
(b) during such further period, as the Chief Justice

deems necessary, after the COVID-19 period
lapses, determine, in addition to the judicial
services referred to in paragraph (a), that such
further judicial services as he deems essential
shall be provided by any Court.
197H. Practice and procedure before any Court during COVID-19

period
(1) Notwithstanding this Act and any other enactment, but

without prejudice to section 201, the Chief Justice may make such
rules to regulate the practice and procedure before any Court as he
considers appropriate during the COVID-19 period and such further
period referred to in section 197G.
(2) The Court may, in addition to the rules made by the

Chief Justice under subsection (1) –
(a) limit the number of persons who may be present

in chambers or in a courtroom; or
(b) call or hear a matter remotely by means of a

telephonic, an electronic or any other
communication facility as the Chief Justice may
approve in writing.
(b) in section 201, by deleting the words “the Supreme Court” and
replacing them by the words “any Court”.
10. Criminal Code amended
The Criminal Code is amended –
(a) in section 4, in paragraph (b), by deleting the words “5,000 rupees”

and replacing them by the words “10,000 rupees”;
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(i) in paragraph (a), by deleting the words “10 days” and
replacing them by the words “30 days”;
(ii) in paragraph (b), by deleting the words “5,000 rupees” and

replacing them by the words “10,000 rupees”;
(c) in section 6 –
(i) in paragraph (a), by deleting the words “10 days” and

(ii) in paragraph (b), by deleting the words “5,000 rupees” and

(d) in section 378, by deleting the words “1,000 rupees” and replacing
them by the words “3,000 rupees”;
(e) in section 382, by deleting the words “2,000 rupees” and “4 days”
and replacing them by the words “5,000 rupees” and “10 days”,
respectively;
(f) in section 385 –
(i) by deleting the words “3,000 rupees” and “10 days” and
replacing them by the words “5,000 rupees” and “30 days”,
respectively;
(ii) by adding the following new paragraph, the full stop at the
end of paragraph (s) being deleted and replaced by a semi-
colon –
(t) any person who spits in a public place.
11. Customs Act amended
The Customs Act is amended –
(a) in section 9A, in subsection (3)(b), by deleting the words “7 working

days” and replacing them by the words “16 working days”;
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(2) Notwithstanding subsection (1)(c), goods may

be warehoused from their date of entry for a period of 36
months, for goods entered during the period starting on 2
November 2019 and ending on 31 December 2020.
12. Customs Tariff Act amended
The Customs Tariff Act is amended, in the First Schedule, in Part I –
(a) by deleting H.S. Code 3808.94.00 and its corresponding entries;
(b) by inserting, in the appropriate numerical order, the H.S. Codes and
their corresponding entries specified in the Second Schedule to this
Act.
13. Data Protection Act 2017 amended
The Data Protection Act 2017 is amended, in section 44, in subsection (1),
by adding the following new paragraph, the full stop at the end of paragraph (e)
being deleted and replaced by the words “; or” and the word “or” at the end of
paragraph (d) being deleted –
(f) issue of any licence, permit or authorisation during the

COVID-19 period.
14. Education Act amended
The Education Act is amended –
(i) in the heading, by deleting the word “schools” and replacing

it by the words “educational institutions”;
(ii) by numbering the existing provision as subsection (1);
(iii) in the newly numbered subsection (1), by deleting the word

“school” and replacing it by the words “educational
institution”;
(iv) by adding the following new subsection –
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(2) Any closure, in case of infectious diseases
occurring in epidemic forms, shall not be limited to the
epidemic period but may extend to such further period, as the
Minister may determine.
(b) by inserting, after section 36, the following new section –
36A. Distance education during temporary closure
(1) Where the Minister makes an order section 36, the

Minister may, during the temporary closure or for any further period
as may be necessary, order any educational institution to provide
distance education and online learning programmes, including
broadcast lessons.
(2) Where an order is made under subsection (1) –
(a) the teaching staff and other personnel of the

educational institutions shall be required to
engage in, produce and conduct, distance
education and online learning programmes,
including broadcast lessons; and
(b) the employees of the Ministry , and of any of its

statutory bodies as may be designated , shall be
required to contribute to, administer, monitor and
supervise the conduct of such programmes.
(3) Any person who, without reasonable excuse, fails to

comply with any requirement under subsection (2) –
(a) shall be deemed to be in breach of his contract

of employment; and
(b) may be liable to disciplinary proceedings.
(4) In this Part –
“distance education” means the delivery of educational

programmes remotely to learners through the use of a
variety of technological means as a complement or an
alternative to face to face learning;
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“educational institution” means a school or an
institution in the pre-primary, primary, secondary,
technical and vocational, Special Education Needs and
tertiary sub-sectors of education;
“statutory bodies“ includes, but is not limited to, the

Mauritius Institute of Education, the Mahatma Gandhi
Institute and the Open University of Mauritius.
(A) by repealing paragraph (b) and replacing it by the

following paragraph –
(b) the structure, hygienic character,

proper sanitation and disinfection of
educational institutions, and for
inspection in this respect;
(B) by repealing paragraph (i) and replacing it by the

(i) the control of instruction given in

educational institutions, methods of
instruction, including but not limited
to, face to face learning, distance
education, online learning or a
combination thereof, hours of
instruction and the size of classes”;
(C) by repealing paragraph (j) and replacing it by the

(j) school admissions, student

intake, withdrawal and age
limits”;
(D) by repealing paragraph (l) and replacing it by the

(l) eligibility requirements and

awards of scholarships;
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(E) by adding the following new paragraphs, the full stop
at the end of paragraph (o) being deleted and replaced
by a semicolon and the word “and” at the end of
paragraph (a) being deleted –
(p) social and physical distancing

at educational institutions to be
applied as a result of infectious
diseases occurring in epidemic
forms;
(q) the attendance of non-teaching

staff during any period of
temporary closure under this
Part and for any further period;
(r) the dispensing of distance

education and online learning
programmes through the use of
relevant technologies involving
the participation of teaching
staff either from school or their
residence or at any approved
location, on such terms and
conditions as may be
necessary;
(s) the confinement of students at

their residence during any
period of school closure, and
for such period and at such
times as may be determined;
(t) the keeping and the

management of a register
containing the contact details,
including the mobile phone
numbers of school staff, of
Managers of secondary schools
and of the responsible parties
for students, to be used for the
purpose of distance education
and online learning or for any
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other educational purpose, as
may be required.
(ii) in subsection (2), by deleting the words “1,000 rupees” and

(d) in section 39 –
(i) in paragraph (d), by deleting the words “examinations” and

replacing them by the words “examinations and cancellation
and rescheduling of assessments and examinations”;
(ii) in paragraph (f), by deleting the words “public funds” and

replacing them by the words “public funds and any review of
such time-table and curricula”;
(iii) in paragraph (k), by deleting the words “in schools” and

replacing them by the words “in schools and any review
thereof”;
(iv) by adding the following new paragraph, the full stop at the
end of paragraph (l) being deleted and replaced by a
semicolon –
(m) the conduct of distance

education and online learning,
including broadcast lessons”.
15. Employment Relations Act amended
The Employment Relations Act is amended –
(a) in section 70, by adding the following new subsection –
(4) Subject to section 65 and notwithstanding section 69(1),

where a labour dispute is reported to the President of the Commission
by or on behalf of any party to the dispute in any service industry
specified in Part I of the Third Schedule, or such a labour dispute is
pending before the Commission on the commencement of this
subsection, the President shall forthwith refer the dispute to the Tribunal
and the Tribunal shall, within 30 days of the referral, enquire into the
dispute and make an award thereon.
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(b) in section 72, in subsection(1)(e), by deleting the words "70(1) and
(3)," and replacing by the words "70(1), (3) and (4)”;
(c) in section 77, in subsection (1)(c), by deleting the words “section

70(3)” and replacing them by the words “section 70(3) and (4)”;
(d) in section 81, in subsection (1), by deleting the words “Third Schedule”
and replacing them by the words “Part II of the Third Schedule”;
(e) by repealing the Third Schedule and replacing it by the Third Schedule
set out in the Third Schedule to this Act.
16. Environment Protection Act amended
The Environment Protection Act is amended –
(a) by inserting, after section 28A, the following new section –
28B. Temporary measures during COVID-19 period
(1) Where, under this Act, a time is imposed on a person

to do or refrain from doing any other act or thing and the time for
doing or refraining from doing that other act or thing expires, or falls
(a) the COVID-19 period, the person may,

notwithstanding the time imposed, do or refrain
from doing that other act or thing not later than
30 days after the COVID-19 period lapses or not
later than such further period as may be
prescribed; or

lapses, the person may, notwithstanding the
time imposed, do or refrain from doing that other
act or thing not later than 30 days after the
period of 21 days lapses or not later than such
further period as may be prescribed.
(2) Where, under this Part, an EIA licence expires during –
(a) the COVID-19 period, the licence shall,

notwithstanding the time imposed, be deemed
not to have expired and shall remain valid for a
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period of 30 days after the COVID-19 period
lapses or for such further period as may be
prescribed; or

lapses, be deemed not to have expired and shall
remain valid for a period of 30 days after the
period of 21 days lapses or for such further
period as may be prescribed.
(b) in section 66, by inserting, after subsection (2), the following new
subsection –
(2A) Subsection (2) shall, for the period starting 1 March

2020 and ending 31 December 2020, or for such further period as
may be prescribed, not apply to a –
(a) hotel; and
(b) guest house or tourist residence of more than 4

bedrooms.
(c) in the Fifth Schedule, in Part A, in item 22, by deleting the figure
“5000” and replacing it by the figure “15,000”.
17. Finance and Audit Act amended
The Finance and Audit Act is amended, in section 6, in subsection (3), by

deleting the words “3,500 million rupees” and replacing them by the words
“15,000 million rupees”.
18. Financial Reporting Act amended
The Financial Reporting Act is amended, in section 77, in subsection (2),

by inserting, after the words “or record”, the words “whether in electronic form
or not”.
19. Financial Services Act amended
The Financial Services Act is amended, in section 8, by inserting, after

subsection (6), the following new subsection –
(6A) (a) A meeting of the Board may be held either –
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(i) by a number of the members who constitute a
quorum, being assembled together at the place,
date and time appointed for the meeting; or
(ii) by means of audio, or audio and visual,

communication by which all the members
participating and constituting a quorum can
simultaneously hear each other throughout the
meeting.
(b) A resolution in writing, signed or assented to by all

members then entitled to receive notice of a meeting, shall be as valid and
effective as if it had been passed at a meeting duly convened and held.
(c) Any such resolution may consist of several documents,

including facsimile, electronic mail or other similar means of
communication, each signed or assented to by one or more members.
20. Foundations Act amended
The Foundations Act is amended, by inserting, after section 50A, the

following new section –
50B. Temporary measures during COVID-19 period
(1) The Registrar may, during the COVID-19 period and such
further period, as the Registrar may determine, after the COVID-19 period
lapses, issue such practice directions, guidelines or such other instructions
as may be necessary for the proper administration of this Act.
(2) Any practice direction, guideline or other instruction issued

under subsection (1) shall be published in the Gazette and shall remain in
force unless amended or revoked by publication in the Gazette.
21. Freeport Act amended
The Freeport Act is amended, in section 7 –
(a) in subsection (3) –
(i) in paragraph (a), by adding the following new subparagraph,

the full stop at the end of subparagraph (iv) being deleted and
replaced by a semicolon –
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(v) authorise, notwithstanding item 1 of
the Second Schedule, a private
freeport developer, during the
COVID-19 period and such further
period as may be prescribed after the
COVID-19 period lapses, to provide
warehousing facilities for the
storage of goods, which have been
cleared from Customs under the
Customs Act, in a freeport zone to
any person;
(ii) by inserting, after paragraph (aa), the following new

paragraph –
(aaa) Notwithstanding paragraph (aa)(ii), any

goods referred to in paragraph (a)(i) shall be stored for a
maximum period not exceeding 36 months where the goods
are entered during the period starting on 1 October 2018 and
ending on 31 December 2020.
(b) in the Third Schedule, by adding the following new item and its
corresponding entries –
6. Authorisation to a private 3,000 per 4,500 per

freeport developer to provide enterprise enterprise
warehousing facilities for
storage of goods to any person
under section 7(3)(a)(v)
22. Gambling Regulatory Authority Act amended
The Gambling Regulatory Authority Act is amended –
(i) in subsection (1), by inserting, after paragraph (a), the

following new paragraph –
(aa) extend, during the COVID-19 period, the

validity of any licence for such period and
on such terms and conditions as the Board
may determine;
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subsection –
(1A) (a) The Authority may, during the COVID-19

period, direct any licensee to temporarily cease its operations.
(b) Where, pursuant to paragraph (a), a

licensee ceases its operations, no licence fee shall be payable
for the period of cessation of operation any the licence fee
already paid for that period shall be deducted from the licence
fee payable in a subsequent year.
(9) No tax or duty shall be payable by –
(a) a bookmaker licensed to conduct fixed

odds betting on an event or contingency
in respect of a week; or
(b) a licensee of gaming machine or limited

payout machine in respect of a month,
during which the licensee is not authorised to operate.
23. Immigration Act amended
The Immigration Act is amended –
(a) in section 9, in subsection (3) –
(i) by lettering the existing provision as paragraph (a);
(ii) by adding the following new paragraph –
(b) Where a person who has been issued with

a permit under this section wishes to apply for an extension
or variation of the permit, he may do so whilst being in
Mauritius.
(b) by inserting, after section 9F, the following new section –
9G. Extension of validity of permit during COVID-19 period
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Where, under this Act, a permit expires during –
(a) the COVID-19 period, the permit shall, notwithstanding

the time imposed, be deemed not to have expired and
shall remain valid for a period of 30 days after the
COVID-19 period lapses or for such further period as
may be prescribed; or
(b) a period of 21 days after the COVID-19 period lapses,

the permit shall be deemed not to have expired and shall
remain valid for a period of 30 days after the period of
21 days lapses or for such further period as may be
prescribed.
24. Income Tax Act amended
The Income Tax Act is amended –
(a) by inserting, after section 27G, the following new section –
27H. Contribution to COVID-19 Solidarity Fund
(1) Subject to this section, where an individual has, in the

income year commencing on 1 July 2019 or 1 July 2020, made a
contribution to the COVID-19 Solidarity Fund, he shall be entitled to
relief, by way of a deduction from his net income, after deducting any
amount under sections 27, 27A, 27B and 27D, of the amount
contributed or donated in that income year.
(2) Any unrelieved amount under subsection (1) for an income

year may be carried forward and deducted against the net income of
the income year immediately following that income year up to a
maximum of 2 income years.
(3) In this section –
“COVID-19 Solidarity Fund” means the Fund referred to in

the Finance and Audit (COVID-19 Solidarity Fund)
Regulations 2020.
(b) in section 57, by deleting the words “Section 18 and 24A” and
replacing them by the words “Sections 18, 24A and 27H”;
22
(c) in Part VIII, by inserting after Sub-part BD, the following new
Sub-part –
Sub-Part BE – COVID-19 Levy
111Y. Interpretation
In this Sub-part –
“chargeable income for levy” means the aggregate amount

remaining after deducting from the gross income all allowable
deductions except the unrelieved amount of a loss carried
forward under section 59 from a previous year of assessment;
“employer” means an individual, a resident société or a company;
“levy” –
(a) means the COVID-19 levy referred to in section 111Z; and
(b) includes any penalty and interest imposed under this Act;
“Wage Assistance Scheme” means the scheme referred to under

Part XIIB.
111Z. Liability to COVID-19 levy
(1) Subject to this section, every employer who has benefited

from an allowance under the Wage Assistance Scheme shall be liable
to pay to the Director-General, in respect of the year of assessment
commencing on 1 July 2020 or 1 July 2021, as the case may be, the
levy specified in subsection (3).
(2) Where the employer referred to in subsection (1) is –
(a) (i) an individual;
(ii) a resident société; or
(iii) a company whose accounting period ends on

any date during the period starting on 1 May
2020 and ending 31 December 2020,
23
the levy shall be payable in respect of the year of assessment
commencing on 1 July 2020;
(b) a company whose accounting period ends on any

date during the period starting on 1 January 2021
and ending on 30 April 2021, the levy shall be
payable in respect of the year of assessment
commencing on 1 July 2021;
(3) (a) In the case of an employer who is an individual, the

levy payable under subsection (1) shall be equivalent to –
(i) the total amount paid to him under the Wage

Assistance Scheme; or
(ii) fifteen percent of the gross income derived by

him under section 10(1)(b), (c) and (g) after
deduction of any expenditure allowable under
sections 18, 19 and 24,
whichever is lower.
(b) In the case of an employer who is a resident société

or company, the levy payable under subsection (1) shall be equivalent
to –
(i) the total amount paid to him under the Wage

Assistance Scheme; or
(ii) fifteen percent of his chargeable income for

levy;
whichever is lower.
(c) No levy shall be payable under subsection (1) where

the employer to whom an amount has been paid under the Wage
Assistance Scheme is not liable to income tax with respect to the year
of assessment specified under subsection (2).
(4) The levy payable under subsection (1) shall be declared by

the employer in his return required to be submitted by him under section
112, 116 or 119, as applicable, and shall be paid to the Director-
General, on or before the date by which the return is required to be
submitted.
24
(5) Where an employer who is required to pay a levy under
subsection (1) fails to do so on or before the date it is payable, the
Director-General may, within a period of 3 years from the date the levy
is payable, issue a claim to him requesting him to pay the levy, together
with any penalty and interest applicable under section 111ZA, within
28 days from the date of the notice.
(6) Where an employer to whom a claim has been issued under

subsection (5) fails to pay the amount claimed within the date specified
in the notice, the Director-General may use his powers under Part IVC
of the Mauritius Revenue Authority Act, with such modifications,
adaptations and exceptions as may be necessary, to enable him to
recover the amount unpaid.
(7) The Minister may by, regulations, exclude certain category

of employers from the levy.
111ZA.Penalty, interest and offence relating to levy
(1) Where an employer fails to pay the levy on or before the

last day on which it is payable under section 111Z, he shall be liable to
pay to the Director-General, in addition to the levy –
(a) a penalty of 10 per cent of the amount of levy

remaining unpaid; and
(b) interest at the rate of one per cent per month or part
of the month during which the levy tax remains
unpaid.
(2) Any employer who, in relation to section 111Z, makes a

false declaration or gives a statement which is false or misleading in any
material particular shall commit an offence and shall, on conviction, be
liable to a fine not exceeding one million rupees and to imprisonment for
a term not exceeding 2 years.
111ZB.Anti-avoidance provisions
The anti-avoidance provisions of Part VII shall apply in all respect

to the levy payable under section 111Z.
(d) in section 131AA –
25
(i) in subsection (1), by deleting the words “section 93, 111K or
123B(5)” and replacing them by the words “section 93, 111K,
111Z(5) or 123B(5)”;
(ii) by repealing subsection (3) and replacing it by the following

subsection –
(3) Where an employer who has made an objection

under subsection (1) has not, for the relevant year, submitted the
Return of Employees, return under section 112, 116 or 119 or
statement, as the case may be, he shall, within 28 days of the
date of the claim, submit the Return of Employees, return or
statement, as the case may be.
(iii) in subsection (7), by deleting the words “the penalty” and

replacing them by the words “the levy and penalty”;
(e) in section 131B, in subsection (8A)(a), by deleting the words “penalty
charged under section 93, 111K or 123B(3)” and replacing them by
the words “levy or penalty charged under section 93, 111K, 111Z(5)
or 123B(3)”;
(f) by inserting, after Part XIIA, the following new Parts –
PART XIIB – WAGE ASSISTANCE SCHEME
15OB.Wage Assistance Scheme
“COVID-19” means the disease caused by the virus known

as novel coronavirus (2019-nCoV);
“eligible employee” –
(a) means an employee employed on a part-time or full-

time basis –
(i) by an employer deriving gross income from

business;
(ii) by a charitable institution approved by the

Director-General or registered under the
26
Registration of Associations Act, charitable
trust or charitable foundation; or
(iii) by any other category of employer as may be

prescribed; and
(iv) whose basic salary or wage for the month of

March 2020, April 2020, May 2020 or such
other month as may be prescribed, does not
exceed 50,000 rupees; but
(b) does not include –
(i) an employee employed by a Ministry, a

Government department, a local authority, a
statutory body or the Rodrigues Regional
Assembly;
(ii) an employee employed by such category of

employer as may be prescribed; or
(iii) such category of employees as may be

prescribed;
“export manufacturing enterprise” has the same meaning

as in the National Savings Fund Act.
(2) Subject to this Part, the Director-General shall, in respect

of every eligible employee, pay to his employer –
(a) an allowance equivalent to 50 per cent of the basic

salary or wage of that employee for the month of
March 2020;
(b) an allowance equivalent to the basic salary or wage

of that employee for the month of April 2020 where
the main business activities of the employer are
carried out in the island of Mauritius;
(c) an allowance equivalent to 50 per cent of the basic

salary or wage of that employee for the month of
April 2020 where the main business activities of the
employer are carried out in the Island of Rodrigues
or Island of Agaléga;
27
(d) an allowance equivalent to the basic salary or wage
of that employee for the month of May 2020 where
the main business activities of the employer are
carried out in the island of Mauritius;
(e) such other allowance, and for such other month,

and for such categories of employers or employees,
as may be prescribed.
(3) The maximum allowance payable under subsection (2), in

respect of every eligible employee shall –
(a) for the month of March 2020, be 12,500 rupees;
(b) for the month of April 2020 –
(i) be 25,000 rupees, where the employee is

employed in the Island of Mauritius; or
(ii) be 12,500 rupees, where the employee is

employed in the Island of Rodrigues or the
Island of Agaléga;
(c) for the month of May 2020, be 25,000 rupees;
(d) for such other period as may be prescribed, be such

amount as may be prescribed.
(4) An application for the allowance under subsection (2), in

respect of each month, shall be made electronically to the Director-
General, to be accompanied by the following information –
(a) the number of eligible employees;
(b) the aggregate basic wage or salary of all eligible

employees;
(c) the amount of allowance to be paid in respect of all

eligible employees;
(d) such other information as he may require.
(5) An application under subsection (4) shall be made –
28
(a) within a period of 3 months from the end of the
month to which it is related; or
(b) within a period of 2 months from the date the

whichever is the earlier.
(6) The Director-General may make –
(a) a provisional payment of the allowance payable

under subsection (2) on the basis of the information
provided by the employer in his application under
subsection (5) and the return submitted by him
under section 17AA of the National Pensions Act
for the month of January 2020; and
(b) an additional payment of the allowance payable

under subsection (2) on the basis of the information
provided by the employer in his application under
subsection (4) and the return submitted by the
employer under section 17AA of the National
Pensions Act for the month of March 2020, April
2020, May 2020 or such other month as may be
prescribed.
(7) The Director-General may determine the allowance

payable under subsection (2) on the basis of the information provided
by the employer in the return submitted, on or before 23 March 2020,
under section 17AA of the National Pensions Act for the month of
January 2020, where –
(a) an amended return has been submitted after 23

March 2020, under section 17AA of the National
Pensions Act for the month of January 2020; or
(b) the return submitted for the months of March 2020,

April 2020, May 2020 or such other months as may
be prescribed includes an eligible employee who
was not included in the return for the month of
January 2020 submitted before 23 March 2020 or
shows, with respect to an employee, a different
basic salary or wage as compared to that in the
29
return for the month of January 2020 submitted on
or before 23 March 2020.
(8) (a) Where an employee –
(i) is a citizen of Mauritius;
(ii) is employed in an export manufacturing

enterprise;
(iii) is employed on a full-time basis; and
(iv) whose basic salary or wage as declared by

his employer in the return submitted under
section 17AA of the National Pensions Act
does not exceed 9,000 rupees,
the allowance payable under subsection (2) shall be calculated on the

basis of the National Minimum Wage of 9,000 rupees.
(b) Where an employer is not required to include an

employee in the return submitted under section 17AA of the National
Pensions Act, the Director-General may pay the allowance payable
under subsection (2) on the basis of any other information available to
him.
(9) (a) The Director-General may, not later than one year
after payment of an allowance is made under this Part, request any
information or document from the employer or any employee to
ascertain correctness of the information provided under subsection (4).
(b) The employer or any employee to whom a request

is made under paragraph (a) shall provide the Director-General with such
information and document as he may require.
(10) (a) Where an employer has benefited from an

allowance –
(i) for the period starting on 16 March 2020 and

ending on 31 March 2020 and, during that
period, terminates the employment of an
eligible employee, the employer shall not be
entitled to any allowance in any subsequent
month;
30
(ii) for the month of April 2020 and, during that
month, terminates the employment of an
month;
(iii) for the month of May 2020 and, during that

month, terminates the employment of an
month; or
(iv) in such month as may be prescribed and,

during that month, terminates the
employment of an eligible employee, the
employer shall not be entitled to any
allowance in any subsequent month.
(b) Where an employer has benefited from an

allowance –

period, has failed to pay the basic wage or
salary of an eligible employee, the employer
shall be liable to refund the allowance that
has not been paid to that eligible employee
and the employer shall not be entitled to any
allowance in any subsequent month;

month, has failed to pay the basic wage or

month, has failed to pay the basic wage or
31

during that month, has failed to pay the basic
wage or salary of an eligible employee, the
employer shall be liable to refund the
allowance that has not been paid to that
eligible employee and the employer shall not
be entitled to any allowance in any
subsequent month.
(c) Where an employer has benefited from an

allowance –

period, has reduced the basic wage or salary
of an eligible employee, the employer shall be
liable to refund the allowance that has been
paid to that eligible employee and the

month, has reduced the basic wage or salary

month, has reduced the basic wage or salary

during that month, has reduced the basic
wage or salary of an eligible employee, the
employer shall be liable to refund the
32
allowance that has been paid to that eligible
employee and the employer shall not be
month.
(11) Where an employer has benefited from an allowance in

excess of the amount to which he is entitled under this Part or acts in
breach of subsection (10)(a), (b) or (c), the Director-General may, by
virtue of the powers conferred upon him under the Mauritius Revenue
Authority Act, recover the excess amount or allowance, as the case
may be.
(12) Where an employer or his employee or any other

person –
(a) makes a false declaration to the Director-General to

unduly benefit from an allowance under this Part; or
(b) refuses to give information under subsection (9) or

gives false information under this Part,
he 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 2 years.
(13) The secrecy provision under section 154 shall not apply to
enable exchange of information with Ministries, Government
departments and other Government agencies.
(14) (a) The Minister may, for the purposes of this Part,
make such regulations as he thinks fit.
(b) Any regulations made under paragraph (a) may

provide for anything connected, consequential or incidental thereto.
PART XIIC – SELF-EMPLOYED ASSISTANCE SCHEME
150C. Self-Employed Assistance Scheme
“passive income” means income derived from rent,

dividends, interests and such other income as may be
prescribed;
33
“self-employed” –
(a) means an individual –
(i) who is a citizen of Mauritius and is resident

in Mauritius;
(ii) who is above the age of 18; and
(iii) who is not employed, as at 1 March 2020,

by any employer, whether on a full-time or
part-time basis; and
(iv) who has been in business on his own account

or is a trade person carrying out activities
such as mason, cabinet maker, plumber,
hairdresser, artist or other similar activities
for a period of at least 3 months prior to the
start of the COVID-19 period; but
(b) does not include –
(i) an individual who derives exclusively passive

income;
(ii) an individual who was not carrying out any

income earning activity prior to the start of
the COVID-19 period;
(iii) an individual who falls under such category

(2) Subject to this Part, the Director-General shall pay to every

self-employed –
(a) an allowance of 5,100 rupees for the period 16

March 2020 to 15 April 2020;
(b) an allowance of 2,550 rupees for the period 16 April

2020 to 30 April 2020 where the main business
activities of the self-employed are carried out in the
island of Mauritius;
34
(c) an allowance of 5,100 rupees for the month of May
2020 where the main business activities of the self-
employed are carried out in the island of Mauritius;
and
(d) such other amount, for such other period, and to

such category of self-employed, as may be
prescribed.
(3) No allowance under subsection (2) shall be payable to a

self-employed where –
(a) he is eligible to receive social benefits, including

basic retirement pension or widows pension, under
the National Pensions Act;
(b) he is pursuing higher studies on a full-time basis;
(c) he is a dependent spouse;
(d) his monthly income, when aggregated to that of his

spouse, exceeds 50,000 rupees;
(e) he is a registered fisherman; or
(f) he meets such other criteria as may be prescribed.
(4) Every self-employed person who is entitled to the

allowance under subsection (2) shall make an application electronically
to the Director-General, to be accompanied by the following
information –
(a) his monthly income;
(b) his residential address;
(c) his bank details; and
(d) such other information as the Director-General may

require.
(5) An application under subsection (4) shall be made –
35
(a) within a period of 3 months from the end of the
months to which it is related; or
(b) within a period of 2 months from the date the

whichever is the earlier.
(6) The Director-General shall make payment of the allowance

payable under subsection (2) on the basis of the information provided
under subsection (4) and any other information available to him.
(7) (a) The Director-General may, not later than one year
after payment of an allowance is made under this Part, request any
information or document from a person to ascertain correctness of the
information provided under subsection (4) and eligibility the person to
the allowance payable under subsection (2).
(b) The person to whom a request is made under

paragraph (a) shall provide the Director-General with such information
and document as he may require.
(8) Where a person –
(a) who is not entitled to an allowance has benefited

from an allowance in breach of subsection (1) or (3);
or
(b) has benefited from an allowance in excess of the

amount to which he is entitled under this Part,
the Director-General may, by virtue of the powers conferred on him

under the Mauritius Revenue Authority Act, recover the excess amount
or allowance, as the case may be.
(9) Where a person –
(a) makes a false declaration to the Director-General to

unduly benefit from an allowance under this Part; or
(b) refuses to give information under subsection (7) or

gives false information under this Part,
36
he shall commit an offence and shall, on conviction, be liable to a fine
not exceeding 10,000 rupees and to imprisonment for a term not
exceeding 6 months.
(10) The secrecy provision under section 154 shall not apply to
enable exchange of information with Ministries, Government
departments and other Government agencies.
(11) (a) The Minister may, for the purposes of this Part,
make such regulations as he thinks fit.
(b) Any regulations made under paragraph (a) may

provide for anything connected, consequential or incidental thereto.
(g) in section 161A, in subsection (63), by deleting the words “31 March
2020” wherever they appear and replacing them by the words “26 June
2020”.
25. Independent Police Complaints Commission Act amended
The Independent Police Complaints Commission Act is amended, in section

10, by inserting, after subsection (2), the following new subsection –
(2A) Where, pursuant to subsection (2)(a), the time period of one

year expires, or falls wholly or partly, during –
(a) the COVID-19 period, a complaint may,

notwithstanding the time imposed, be made to the
Commission not later than 3 months after the COVID-
19 period lapses or such further period as may be
prescribed, and the Commission shall investigate into
the complaint.
(b) a period of 2 months after the COVID-19 period lapses,

a complaint may, notwithstanding the time imposed, be
made to the Commission not later than 3 months after
the period of 2 months lapses or not later than such
further period as may be prescribed, and the
Commission shall investigate into the complaint.
26. Information and Communication Technologies Act amended
The Information and Communication Technologies Act is amended by

repealing section 51 and replacing it by the following section –
37
51. Temporary measures during COVID-19 period
(1) Where, under this Act, a time is imposed on the Authority, the
Board or any other person to do or refrain from doing any other act or thing
and the time for doing or refraining from doing that other act or thing
(a) the COVID-19 period, the Authority, Board or person

may, notwithstanding the time imposed, do or refrain
from doing that other act or thing not later than 30 days
after the COVID-19 period lapses or not later than such
further period as may be prescribed; or

the person may, notwithstanding the time imposed, do
or refrain from doing that other act or thing not later
than 30 days after the period of 21 days lapses or not
later than such further period as may be prescribed.
(2) (a) Where, under this Act, a licence expires during –
(i) the COVID-19 period, the licence shall,

notwithstanding the time imposed, be deemed
not to have expired and shall remain valid for a
period of 30 days after the COVID-19 period
lapses or for such further period as may be
prescribed; or
(ii) a period of 21 days after the COVID-19 period

lapses, be deemed not to have expired and shall
remain valid for a period of 30 days after the
period of 21 days lapses or for such further
(b) In this subsection –
“licence” includes a permit, an authorisation, an

approval, a clearance or a certificate.
(3) Where, under this Act, the time for doing an act or thing
38
(a) the COVID-19 period, no charge, interest, penalty,
surcharge or any other additional fee shall,
notwithstanding the time imposed, be charged or
payable provided that the act or thing is done not later
than 30 days after the COVID-19 period lapses or for
such further period as may be prescribed; or

no charge, interest, penalty, surcharge or any other
additional fee shall, notwithstanding the time imposed,
be charged or payable provided that the act or thing is
done not later than 30 days after the period of 21 days
lapses or not later than such further period as may be
prescribed.
27. Insolvency Act amended
The Insolvency Act is amended –
(a) in section 4, in subsection (3), by deleting the words “50,000

rupees” and replacing them by the words “100,000 rupees”;
(b) in section 5, in subsection (1)(a), by deleting the words “50,000

rupees” wherever they appear and replacing them by the words
“100,000 rupees”;
(i) in subsection (3)(d), by deleting the words “50,000 rupees”

wherever they appear and replacing them by the words
“100,000 rupees”;
(ii) in subsection (4)(a), by deleting the words “14 days” and

(d) in section 11, in subsection (1)(b), by deleting the words “50,000

(e) in section 14, in subsection (1)(b), by deleting the words “50,000

(f) in section 15, in subsection (1), by deleting the words “50,000

39
(g) in section 100, by inserting, after subsection (1), the following new
subsection –
(1A) (a) Subject to paragraph (b), where, pursuant

to subsection (1)(b) or (c), a resolution is passed during the
COVID-19 period, or during a period not exceeding 3 months
after the COVID-19 period lapses, that resolution shall be
deemed not to have been passed and shall be void.
(b) Paragraph (a) shall not apply to a company

holding a Global Business Licence under the Financial Services
Act.
(h) in section 137, by inserting, after subsection (1), the following new
subsection –
(1A) (a) Subject to paragraph (b), where, pursuant

to subsection (1)(b), a special resolution is passed during the
COVID-19 period, or during a period not exceeding 3 months
after the COVID-19 period lapses, that resolution shall be
deemed not to have been passed and shall be void.
(b) Paragraph (a) shall not apply to a company

holding a Global Business Licence under the Financial Services
Act.
(i) in section 142, by adding the following new subsection –
(11) This section shall not apply during the COVID-19

period or during a period not exceeding 3 months after the
(j) in section 180 –
(i) in paragraph (a), by deleting the words “100,000 rupees” and

(ii) in paragraph (d), by deleting the words “one month” and

replacing them by the words “2 months”;
(k) in section 181, in subsection (2), by deleting the words “14 days”
and replacing them by the words “28 days”;
40
(l) in section 183, by inserting, after subsection (1), the following new
subsection –
(1A) Any receiver appointed pursuant to subsection

(1)(a)(i) during the COVID-19 period shall be of no effect and
shall be void.
(m) in section 185 –

subsection –
(1A) Any receiver or any receiver and manager

appointed pursuant to subsection (1) during the
COVID-19 period shall be of no effect and shall be void.

subsection –
(3A) Any receiver or any receiver and manager

appointed pursuant to subsection (3) during the
COVID-19 period shall be of no effect and shall be void.
(n) in section 234, by inserting, after subsection (2), the following new
subsection –
(2A) Where, pursuant to subsection (2), the

period of 10 days expires, or falls wholly or partly,
during the COVID-19 period, the meeting shall be held
not later than 30 days after the COVID-19 period
lapses.
28. Interpretation and General Clauses Act amended
The Interpretation and General Clauses Act is amended –

“COVID-19 period” means the period –
(a) starting on 23 March 2020; and
41
(b) ending on 1 June 2020 or ending on such later date as the
Prime Minister may, by regulations, prescribe under this Act;
subsection –
(8A) (a) During the COVID-19 period, a meeting of a

statutory corporation or of its controlling body, committee or sub-
committee may be held either –
(i) by a number of the members who

constitute a quorum, being assembled
together at the place, date and time
appointed for the meeting; or

participating and constituting a quorum
can simultaneously hear each other
throughout the meeting.
(b) A resolution in writing, signed or assented to by

all members then entitled to receive notice of a meeting, shall be as
valid and effective as if it had been passed at a meeting duly
convened and held.
(c) A resolution under paragraph (a) may consist of

several documents, including facsimile, electronic mail or other
similar means of communication, each signed or assented to by one
or more members.
(c) by inserting, after section 39, the following new sections –
39A. Extension of time during COVID-19 period
(1) Where, under an enactment, a time is imposed to

institute or lodge judicial proceedings and the time expires, or falls

lapses,
42
the judicial proceedings may, notwithstanding the time imposed, be
instituted or lodged not later than such period as may be prescribed
by regulations under that enactment.
(2) Where, under an enactment, a time is imposed to make

a payment and the time expires, or falls wholly or partly, during –

lapses,
the payment may, notwithstanding the time imposed, be made not

later than such period as may be prescribed by regulations under that
enactment.

an application for a licence, including an application for renewal, and
the time expires, or falls wholly or partly, during –

lapses,
the application may, notwithstanding the time imposed, be made not

enactment.

a decision or give a determination and the time expires, or falls wholly
or partly, during –

lapses,
the decision or determination may, notwithstanding the time

imposed, be made or given not later than such period as may be
prescribed by regulations under that enactment.
43
submit a report and the time expires, or falls wholly or partly,
during –

lapses,
the report may, notwithstanding the time imposed, be submitted not

enactment.

register a document and the time expires, or falls wholly or partly,
during –

lapses,
the document may, notwithstanding the time imposed, be registered

not later than such period as may be prescribed by regulations under
that enactment.
(7) Where, under an enactment, a time is imposed to serve

a notice or any other document and the time expires, or falls wholly
or partly, during –

lapses,
the notice or document may, notwithstanding the time imposed, be

served not later than such period as may be prescribed by regulations
under that enactment.
(8) Where, under an enactment, a time is imposed on a

person to do or refrain from doing any other act or thing and the time
for doing or refraining from doing that other act or thing expires, or
falls wholly or partly, during –
44

lapses,
the person may, notwithstanding the time imposed, do or refrain

from doing that other act or thing not later than such period as may
be prescribed by regulations under that enactment.
“judicial proceedings” –
(a) means proceedings before any Court, statutory

tribunal, statutory committee, statutory
commission or statutory panel; and
(b) includes an appeal, an objection, a review, a

petition, an application by way of case stated, a
representation, a complaint, an assessment or
any other statutory application;
“licence” includes a permit, an approval, a clearance, a

certificate or any other similar authorisation;
“payment” includes the payment of any fine, tax,

charge, levy, duty, fine, penalty, interest, surcharge or
any other fee;
“report” includes any information, book, record, return,

prospectus or any other similar document, whether in
electronic form or not.
39B. Extension of licence during COVID-19 period
(1) Where, under an enactment, a licence expires during –

lapses,
45
the licence shall, notwithstanding that enactment, be deemed not to
have expired and shall remain valid for such period as may be
prescribed by regulations under that enactment.
“licence” includes a permit, an approval, a clearance, a

certificate or any other similar authorisation.
39C. No charge, interest, penalty, surcharge or any other additional

fee during COVID-19 period
Where, under an enactment, the time for doing an act or thing

no charge, interest, penalty, surcharge or any other additional fee

shall, notwithstanding the time imposed, be charged or payable
provided that the act or thing is done not later than such period as
may be prescribed by regulations under that enactment.
39D. No offence committed
Where, under an enactment, a time is imposed on a person to do

or refrain from doing an act or thing and the time for doing or refraining
from doing the act or thing expires, or falls wholly or partly during, the
COVID-19 period, that person shall, notwithstanding that enactment,
be deemed not to have committed an offence where he failed to do or
refrained from doing the act or thing, provided that the act or thing is
done not later than such period as may be prescribed by regulations
under that enactment.
39E. Exemption from requirement to follow CPD courses for current

CPD year
(1) Where, under an enactment, a person is required to

follow CPD courses during a CPD year for a certain number of hours
or to accumulate a certain number of points for the purpose of
continued registration or the right to practise his profession, he shall,
on account of the COVID-19 period, be exempted from such
requirement for the current CPD year.
46
“CPD courses” means continuous professional

development courses or training programmes;
“CPD year” means a period of 12 months during which

a person is required to follow CPD courses.
29. Land (Duties and Taxes) Act amended
The Land (Duties and Taxes) Act is amended –
(i) by inserting, after subsection (2A), the following new

subsection –
(2AA) Where, pursuant to subsection (2A)(b), the

period of 7 months expires, or falls wholly or partly, during –
(a) the COVID-19 period, the notice shall be

forwarded not later than 3 months after
the COVID-19 period lapses; or
(b) a period of one month the COVID-19

period lapses, the notice shall be
forwarded not later than 3 months after
the period of one month lapses.
(ii) in subsection (3) –
(A) by numbering the existing provision as paragraph (a);
(B) by adding the following new paragraph –
(b) Where, pursuant to paragraph (a),

the period of 28 days expires, or falls wholly or partly,
during –
(i) the COVID-19 period, any duty or

tax shall be paid not later than 28
days after the COVID-19 period
lapses; or
47
(ii) a period of 21 days after the
COVID-19 period lapses, any duty
or tax shall be paid not later than 28
days after the period of 21 days
lapses.
(iii) in subsection (3A) –

during –
(i) the COVID-19 period, an

objection may be made not
later than 28 days after the
COVID-19 period lapses; or

COVID-19 period, an
objection may be made not
later than 28 days after the
period of 21 days lapses.
(iv) by inserting, after subsection (3DA), the following new

subsection –
(3DB) Where, pursuant to subsection (3D)(b)(ii), the

(a) the COVID-19 period, the objection shall

be dealt with not later than 2 months after
(b) a period of one month after the COVID-19

period lapses, the objection shall be dealt
with not later than 2 months after the
period of one month lapses.
(v) in subsection (4A) –
48
(A) by inserting, after paragraph (a), the following new
paragraph –
(aa) Where, pursuant to paragraph (a),

the period of 5 working days expires, or falls wholly or
partly, during –
(i) the COVID-19 period, the

Registrar-General shall issue
the notice to the person not
later than 21 working days
after the COVID-19 period
lapses; or

COVID-19 period lapses, the
Registrar-General shall issue
the notice to the person not
later than 21 working days
after the period of 10 days
lapses.
(c) Where, pursuant to paragraph (b),

during –

amount of duty or tax shall
be paid not later than 28
days after the COVID-19
period lapses; or

amount of duty or tax shall
be paid not later than 28
days after the period of 10
days lapses.
(vi) in subsection (6) –
49

the period of 5 months expires, or falls wholly or partly,
during –

valuer shall advise the
Registrar-General not later
than 3 months after the
COVID-19 period lapses; or
(ii) a period of one month after

the COVID-19 period lapses,
the valuer shall advise the
Registrar-General not later
than 3 months after the
period of one month lapses.
(b) in section 51, in subsection (3)(a)(i), by deleting the words “31

March 2020” and replacing them by the words “30 June 2020”.
30. Landlord and Tenant Act amended
The Landlord and Tenant Act is amended –
(a) in section 3, by inserting, after subsection (2), the following new

subsection –
(2A) Notwithstanding any other enactment or any other

agreement, non-payment of rent in respect of premises for the
months of March 2020, April 2020, May 2020, June 2020, July
2020, August 2020 and such other subsequent month as may
be prescribed shall not constitute a breach of a tenancy
agreement, provided that the rent for the months of March 2020,
April 2020, May 2020, June 2020, July 2020, August 2020 and
such other subsequent month as may be prescribed is fully paid,
in instalments, by 31 December 2021 or such other date as may
be prescribed.
50
(i) by renumbering the existing provision as subsection (1); and
(2) Notwithstanding subsection (1), the Court shall not

make an order under section 16 where rent has not been paid by
a tenant for the months of March 2020, April 2020, May 2020,
June 2020, July 2020, August 2020 and such other subsequent
month as may be prescribed, provided that the rent for the
months of March 2020, April 2020, May 2020, June 2020, July
2020, August 2020 and such other subsequent month as may
be prescribed is fully paid, in instalments, by 31 December 2021
or such other date as may be prescribed.
31. Light Rail Act 2019 amended
The Light Rail Act 2019 is amended –
(a) in section 42, by deleting the words “500,000” and “2 years” and
replacing them by the words “one million” and “5 years”,
respectively;
45A. Sanitary measures during COVID-19 period and further period
(1) For the purposes of this Act, the Minister may, by

regulations, make provisions for sanitary measures to be observed
during the COVID-19 period and during such further period as may
be prescribed.
(2) Any person who contravenes any regulations made

under subsection (1) 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 2 years.
32. Limited Liability Partnerships Act amended
The Limited Liability Partnerships Act is amended, by inserting, after section

9, the following new section –
51

33. Limited Partnerships Act amended
The Limited Partnerships Act is amended, by inserting, after section 9, the


34. Mauritius Cane Industry Authority Act amended
The Mauritius Cane Industry Authority Act is amended, in section 2, by

deleting the definition of “crop year” and replacing it by the following definition –
“crop year” means the period extending from 16 January in a year to 15

January in the following year or such other period as the Minister may
prescribe.
35. Mauritius Revenue Authority Act amended
The Mauritius Revenue Authority Act is amended –
(i) by inserting, after subsection (1D), the following new

subsection, the existing subsection (1E) being renumbered
(1F) –
52
(1E) Any statutory delay relating to proceedings
before the Assessment Review Committee which expires, or
falls wholly or partly during –
(a) the COVID-19 period shall,

notwithstanding this Act, be suspended
and that statutory delay shall start from
the day following the last day of the
COVID-19 period; or

period lapses, notwithstanding this Act,
be suspended and that statutory delay
shall start from the day following the last
day of the 21 days’ period.
(ii) in subsection (2), by deleting the word “Where” and replacing

it by the words “Notwithstanding subsection (1E), where”;
(b) by inserting, after Part IVC, the following new Part –
PART IVD – TEMPORARY MEASURES DURING COVID-19 PERIOD
21P. Interpretation of Part IVD
In this Part –
“Act” includes any Revenue Law;
“payment” includes the payment of any fee, fine, tax, charge,

levy, duty, fine, penalty, interest or surcharge.
21Q. Application of Part IVD
This Part shall be in addition to, and not in derogation from,

any other powers or discretion which may be exercised by the
Director-General under this Act or any Revenue Law.
21R. Extension of time during COVID-19 period
(1) Where, under this Act or any Revenue Law, a time is

imposed to make an assessment, a decision, a determination, a
notice or a claim and the time expires, or falls wholly or partly,
during –
53
(a) the COVID-19 period, the assessment, decision,
determination, notice or claim may,
notwithstanding this Act or any Revenue Law,
be made or given not later than 2 months after

lapses, the assessment, decision, determination,
notice or claim may, notwithstanding this Act or
any Revenue Law, be made or given not later
than 2 months after the period of 30 days lapses.
(2) Where, under this Act or any Revenue Law, a time is

imposed to make any payment and the time expires, or falls wholly
or partly during –
(a) the COVID-19 period, the payment shall,

notwithstanding this Act or any Revenue Law,
be made not later than 25 June 2020; or
(b) the period ending 30 June 2020, the payment

shall, notwithstanding this Act or any Revenue
Laws, be made not later than 26 June 2020,
failing which the prescribed penalty and interest under this Act or the
relevant Revenue Law shall apply.
(c) in section 28, in subsection (14)(f)(i), by deleting the words “30 June
2020” and replacing them by the words “31 August 2020”.
36. Mauritius Standards Bureau Act amended
The Mauritius Standards Bureau Act is amended –
(a) in section 18, by adding the following new subsection –
(6) Notwithstanding subsections (1) and (2), the Council

may, during the COVID-19 period and not later than 45 days after
the COVID-19 period lapses, declare a document as standard
without public notice.
54
(6) Notwithstanding subsections (1) and (2), the Council
may, during the COVID-19 period and not later than 30 days after
the COVID-19 period lapses, declare an amendment, revision or
withdrawal of a standard without public notice.
37. National Land Transport Authority Act 2019 amended
The National Land Transport Authority Act 2019 is amended, in section

13, in subsection (1), by inserting, after the word “grant”, the words “, variation”.
38. National Pensions Act amended
The National Pensions Act is amended, in section 34, by inserting, after

subsection (2), the following new subsection –
(2A) (a) During the COVID-19 period, or during such other

period as may be prescribed after the COVID-19 period lapses, where, on
the determination of any claim to a benefit, a medical question arises, the
Permanent Secretary may, notwithstanding subsection (2), direct the
National Pensions Officer not to refer that question to a medical officer or
a Medical Board and the benefit shall, as the Permanent Secretary may
determine, be payable to the claimant.
(b) The National Pensions Officer shall, after the COVID-19

period lapses, refer the medical question to a medical officer or a Medical
Board.
39. National Youth Council Act amended
The National Youth Council Act is amended, in section 4, in subsection (1),

by adding the following new paragraph, the full stop at the end of paragraph (d)
being deleted and replaced by a semicolon –
(e) assist in preparing young people to face any epidemic

or pandemic disease and other similar challenges in life.
40. Passports Act amended
The Passports Act is amended by inserting, after section 12, the following
new section –
12A. Extension of validity of visa during COVID-19 period
Where, under this Act, a visa expires during –
55
(a) the COVID-19 period, the visa shall, notwithstanding this Act,
be deemed not to have expired and shall remain valid for a
period of 30 days after the COVID-19 period lapses or for such
further period as may be prescribed; or
(b) a period of 21 days after the COVID-19 period lapses, the visa
shall be deemed not to have expired and shall remain valid for
a period of 30 days after the period of 21 days lapses or for
such further period as may be prescribed.
41. Pharmacy Act amended
The Pharmacy Act is amended –
(a) in section 35, by repealing subsections (3) and (4) and replacing them
by the following subsections –
(3) (a) The Board shall, on receipt of an application made

under subsection (2), forthwith refer the application to the Planning
Committee for its recommendations.
(b) The Planning Committee shall examine the

application under paragraph (a) and shall submit its recommendations
not later than 15 days after the application is referred to it.
(4) The Board may, not later than 5 days after the Planning
Committee submits its recommendations –
(a) grant the application on payment of the prescribed

fee and on such terms and conditions as it may
determine; or
(b) reject the application.
(b) in section 36, by repealing subsection (3) and replacing it by the

following subsection –
(3) The Board may, not later than 15 working days from
receipt of an application under subsection (2), grant the application on
payment the prescribed fee and on such terms and conditions as it may
determine.
(c) by inserting, after sections 36A, the following new sections –
56
36B. Sale of locally manufactured pharmaceutical products on local
market
No person shall sell a locally manufactured pharmaceutical

product on the local market unless –
(a) he is licensed as a manufacturer under section 36; and
(b) the pharmaceutical product is registered with the Board

under section 36C.
36C. Registration of locally manufactured pharmaceutical products
(1) (a) A person who wishes to register a locally

manufactured pharmaceutical product shall make an application to the
Board in the prescribed form.
(b) An application made under paragraph (a) shall be

accompanied by such non-refundable processing fee as may be
prescribed.
(2) The Board shall, on receipt of an application made under

subsection (1), forthwith refer the application to the Trade and
Therapeutics Committee for its recommendations.
(3) The Trade and Therapeutics Committee shall examine the

application under subsection (1) and shall submit its recommendations
not later 21 days after the application is referred to it.
(4) The Board may, not later than 7 days after the Trade and
Therapeutics Committee submits its recommendations grant or reject
the application.
(5) Where the Board grants an application, it shall, on payment

of the prescribed registration fee, register the locally manufactured
pharmaceutical product and issue to the applicant a certificate of
registration in such form as may be prescribed and on such terms and
conditions as it may determine.
(6) A certificate of registration which is issued under this

section shall be valid for a period of one year as from the date specified
on the certificate of registration and may be renewed annually on
payment of the prescribed fee.
57
(7) The holder of a certificate of registration of a locally
manufactured registered pharmaceutical product shall inform the Board
and pay such prescribed fee for any change in the characteristics and
extension in range of the registered pharmaceutical product.
(8) The Board may exempt any locally manufactured

pharmaceutical product from registration.
42. Plant Protection Act amended
The Plant Protection Act is amended –
(a) in section 19, in subsection (1), by repealing paragraph (b) and

replacing it by the following paragraph –
(b) The NPPO may issue a plant import permit on

such terms and conditions as it may determine.
(b) in section 21, in subsection (1), by repealing paragraph (a) and

replacing it by the following paragraph –
(a) notify the arrival of the importation at least 2

days before;
43. Police Act amended
The Police Act is amended –
(a) in section 13G, by inserting, after the words “by this Act”, the words
“or under any other enactment”;
(b) in section 24, in subsection (4), by deleting the words “10,000

rupees” and “2 years” and replacing them by the words “50,000
rupees” and “5 years”, respectively.
44. Public Debt Management Act amended
The Public Debt Management Act is amended –

58
“cash equivalent” means investment, other than those in shares and
units, which are readily convertible to known amounts of cash and
are subject to an insignificant risk of changes in value;

subsection –
(1A) There shall be deducted from public sector debt –
(a) any cash balance or cash equivalent held by

Government with the Bank or any financial
institution in excess of an aggregate amount of
200 million rupees;
(b) any cash balance or cash equivalent held by non-

financial public sector bodies in any financial
institution in excess of an aggregate amount of
300 million rupees;
(c) any equity investment held by Government or

non-financial public sector bodies in any private
sector entity; or
(d) such other money as may be prescribed.
(c) by repealing section 7;
(d) in section 8, in subsection (2), by repealing paragraph (a);
(e) in section 10 –
(i) in subsection (1)(d), by deleting the words “public sector debt

ceiling referred to in section 7 and”;
(ii) in subsection (2), by deleting the words “receive electronic

information relating to public sector debt,” and replacing them
by the words “record information relating to public sector debt
received”;
(iii) in subsection (4) –
(A) by deleting the comma at the end of paragraph (b) and

replacing it by a full stop;
59
(B) by deleting the words “through the electronic
monitoring system referred to in subsection (2)”;
(iv) by adding the following new subsection –
(5) Every director or head of non-financial public

sector bodies shall, for the purpose of section 6(1)(b) and (c),
submit to the Ministry, not later than 15 days after the end of
every quarter, cash balances and cash equivalents, held with
any financial institution, and equity investment held in any
private sector entity, in respect of that quarter.
(f) in section 12, by repealing paragraph (c), the semicolon at the end
of paragraph (b) being deleted and replaced by a full stop;
(g) by repealing the Schedule.
45. Public Health Act amended
The Public Health Act is amended –
(a) in section 79, in subsection (1)(b), by deleting the words “500

rupees” and “6 months” and replacing them by the words “200,000
rupees” and “5 years”, respectively;
79A. Regulations to prevent resurgence of epidemic
(1) Where following the issue of a notice under section 78,

it appears that any dangerous epidemic, endemic, infectious or
communicable disease has subsided, the Minister may make such
regulations as he thinks fit to prevent the resurgence and further
spread of such dangerous epidemic, endemic, infectious or
communicable disease.
(2) Any regulations made under subsection (1) may provide

that any person who contravenes them shall commit an offence and
shall, on conviction, be liable to a fine not exceeding 200,000 rupees
and to imprisonment for a term not exceeding 5 years.
60
46. Public Officers’ Protection Act amended
The Public Officers’ Protection Act is amended –
(A) by inserting, after the words “molests,”, the words

“threatens, intimidates,”;
(B) by deleting the words “100,000 rupees” and “2 years”

and replacing them by the words “200,000 rupees” and
“5 years”, respectively;
(ii) in subsection (2), by deleting the words “3,000 rupees” and


subsection –
(1A) Where, pursuant to subsection (1), the time period of 2

years expires during the COVID-19 period, the civil action, suit or
proceeding may, notwithstanding subsection (1), be instituted not
later than 3 months after the COVID-19 period lapses.
47. Public Procurement Act amended
The Public Procurement Act is amended, in section 36, by adding the

following new subsection –
(6) The opening of a bid may, during the COVID-19 period and
such further period as may be prescribed, be made through technological
means, subject to such guidelines as the Board may issue.
48. Registration Duty Act amended
The Registration Duty Act is amended –
(a) in section 3B, by inserting, after subsection (2), the following new
subsection –
61
(2A) Where, pursuant to subsection (2), the delay specified
in the Sixth Schedule for presenting a deed to the Registrar-General
(a) the COVID-19 period;
(b) such period as may be specified in the Sixth

Schedule after the COVID-19 period lapses,
no surcharge shall be payable provided that the deed is presented to

the Registrar-General not later than such period as may be specified
in the Sixth Schedule.
(b) in section 17, in subsection (3) –
(i) by inserting, after paragraph (a), the following new

paragraph –
(aa) Where, pursuant to paragraph (a), the time

limit of 15 days expires, or falls wholly or partly, during –
(i) the COVID-19 period, the person

may object to the notice by
registered post not later than 30
days after the COVID-19 period
lapses; or

COVID-19 period lapses, the person
may object to the notice by
registered post not later than 30
days after the period of 10 days
lapses.
(ii) by inserting, after paragraph (b), the following new

paragraph –
(ba) Where, pursuant to paragraph (b), the time

(i) the COVID-19 period, the objection

shall be dealt with not later than 2
months after the COVID-19 period
lapses; or
62
(ii) a period of one month after the
objection shall be dealt with not
later than 2 months after the period
of one month lapses.
(4) Where, pursuant to subsection (1), the time limit

specified in the Sixth Schedule to register a document expires, or
falls wholly or partly, during –
(a) the COVID-19 period;
(b) such period as may be specified in the Sixth

Schedule after the COVID-19 period lapses,
no penalty shall be charged provided that the document is registered

not later than such period as may be specified in the Sixth Schedule.
49. Road Traffic Act amended
The Road Traffic Act is amended –
(a) in section 7, in subsections (2)(b) and (4)(c), by deleting the words “10
days” and replacing them by the words “21 days”;
(b) in section 22, in subsection (10) –
(i) in paragraph (a), by inserting, after the word “shall”, the words
“, subject to paragraph (aa),”;
(ii) by inserting, after paragraph (a), the following new paragraph –
(aa) Where a licence expires on 31 March 2020,

30 April 2020, 31 May 2020 or such further date as may
be prescribed, the owner or actual owner of the motor
vehicle or trailer shall not be liable to a surcharge of 50 per
cent on the amount of the tax prescribed for that vehicle
or trailer, provided that the licence is renewed not later
than 31 August 2020 or such further date as may be
prescribed.
63
(c) in section 99, in subsection (1)(c), by deleting the words “10 days” and
(d) in section 166A, in subsection (8), by deleting the words “10 days” and
(e) in section 169, in subsection (1), by deleting the words “10 days” and
(f) in section 190, in subsection (3), by deleting the words “10,000

rupees” and “one year” and replacing them by the words “50,000
rupees” and “2 years”, respectively;
(g) in section 191 –
(A) in subsection (1), by deleting the word “Where” and replacing it

by the words “Subject to subsections (1A) and (1B), where”;
(B) by inserting, after subsection (1), the following new

subsections –
(1A) Where –
(a) before or during the COVID-19 period, a

person commits an offence specified in the
second column of the Fourth Schedule and
elects to accept an FPN; and
(b) the period of 28 days to pay the appropriate

fine expires during the COVID-19 period,
the person shall pay the appropriate fine not later than 28 days
after the COVID-19 period lapses.
(1B) Where, before or during the COVID-19 period, a

person commits an offence specified in the second column of the
Fourth Schedule and refuses to accept an FPN –
(a) the police officer, road transport inspector or

traffic warden who detects the offence shall
serve the FPN not later than 14 days after the
COVID-19 period lapses in the manner
specified in subsection (1)(b); and
64
(b) the person on whom the FPN is served shall
pay the appropriate fine not later than 28
days after the COVID-19 period lapses.
(h) in section 192, in subsection (1), by deleting the words “section 191(1)
shall, within 28 days” and replacing them by the words “section 191
shall, within 28 days or not later than 28 days after the COVID-19
period lapses, as the case may be”;
(i) in section 193, by deleting the words “28 days of the date of the
offence” and replacing them by the words “the applicable time limit”;
(A) by deleting the word “Where” and replacing it by the words

“Subject to subsections (1A) and (1B), where”;
(B) by inserting, after subsection (1), the following new

subsections –
(1A) Where, before the COVID-19 period, an

offence is detected pursuant to subsection (1) by means
of a Photographic Enforcement Device and the police
officer has not served a PEDN within the time limit of 14
days, the police officer shall serve the PEDN not later than
14 days after the COVID-19 period lapses.
(1B) Where, during the COVID-19 period, an

offence is detected pursuant to subsection (1) by means
of a Photographic Enforcement Device, a police officer
shall serve the PEDN not later than 14 days after the
(1C) Where the time limit of 28 days specified in

subsection (1)(a) expires during the COVID-19 period, the
person on whom the PEDN is served shall, notwithstanding
the last day to pay the appropriate fine mentioned in the
PEDN, pay the appropriate fine not later than 28 days after
the COVID-19 period lapses.
(ii) in subsection (3), by inserting, after the words “within 28 days”,

the words “, or in case the time limit of 28 days expires during
65
the COVID-19 period, not later than 28 days after the COVID-19
period lapses”;
(iii) in subsection (3A)(b)(i), by inserting, after the words “served with

the PEDN”, the words “or, in case the time limit of 28 days
expires during the COVID-19 period, not later than 28 days after
the COVID-19 period lapses”;
(iv) in subsection (7), by inserting, after the words “issue of the

PEDN”, the words “or, in case the time limit of 14 days has
expired during the COVID-19 period, not later than 14 days after
the COVID-19 period lapses”;
(k) in section 196, by deleting the words “28 days of the date of issue of
the PEDN” and replacing them by the words “the specified period”;
(l) by adding the following new section –
198. Sanitary measures to be observed during COVID-19 period and

further period
(1) For the purposes of this Act, the Minister may, by

regulations, make provisions for sanitary measures to be observed
during the COVID-19 period and during such further period as may
be prescribed.
(2) Any person who contravenes any regulations made

under subsection (1) 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 2 years.
(m) in the Sixth Schedule –
(i) in paragraph 4, by deleting the words “6 weeks” and replacing

them by the words “4 months”;
(ii) in paragraph 5, by deleting the words “2 weeks” and replacing

them by the words “6 weeks”.
50. Sports Act amended
The Sports Act is amended –
(a) in section 3, in subsection (1) –
66
(i) by inserting, after the words “sports activities”, the words
“, whether for training or competition purposes,”;
(ii) by adding the following new paragraph, the full stop at the
end of paragraph (e) being deleted and replaced by the words
“; and” and the word “and” at the end of paragraph (d) being
deleted –
(f) during the COVID-19 period and such

further period as may be prescribed,
adhere to any protocol set up by the
Mauritius Sports Council and Sports
Medical Unit.
(b) in section 4, by adding the following new subsections –
(6) A National Sports Federation and a sports club affiliated

with it or with its regional sports committee shall abide by directives
issued by the Minister during the COVID-19 period and such further
(7) (a) Subject to subsection (6), no National Sports

Federation shall, during the COVID-19 period, organise, or authorise
organisation of, activities locally and participate in international
events abroad.
(b) During such further period as may be prescribed

after the COVID-19 period lapses, a National Sports Federation may,
with the authorisation of the Minister, organise, or authorise
organisation of, activities locally and participate in international
events abroad.
(c) in section 6, by adding the following new subsections –
(5) A National Sports Federation shall ensure that all

sanitary measures prescribed under any enactment are taken before
resuming training and competition after the COVID-19 period lapses.
(6) Subject to subsection (5), a National Sports Federation

shall ensure that training and competition are organised behind
closed doors for such further period as may be prescribed after the
67
(d) in section 10 –
(i) in subsection (1), by inserting, after the word “may”, the

words “,except during the COVID-19 period,”;
(ii) in subsection (4), by adding the following new paragraph, the

full stop at the end of paragraph (g) being deleted –
(h) comply with section 4(6) and (7).
(e) in section 11, by adding the following new subsection –
(6) A Multisport Organisation shall abide by all the

provisions made under this Act during the COVID-19 period and such
(f) in section 12, by adding the following new subsection –
(5) A regional sports committee shall abide by all the

(g) in section 13, by adding the following new subsection –
(5) A sports club shall abide by all the provisions made

under this Act during the COVID-19 period and such further period
(h) in section 14, by adding the following new subsection –
(6) The Mauritius Olympic Committee shall abide by all the

(i) in section 15, by adding the following new subsection –
(6) The Mauritius Paralympic Committee shall abide by all

the provisions made under this Act during the COVID-19 period and
such further period as may be prescribed.
(j) in section 17, by adding the following new subsection –
68
(3) The Council shall abide by all the provisions made under
this Act, and any directives issued by the Minister, during the
COVID-19 period and such further period as may be prescribed.
(k) in section 27, in subsection (4), by adding the following new

paragraph –
(c) The National Women’s Sports Commission shall

abide by all the provisions made under this Act, and any directives
issued by the Minister, during the COVID-19 period and such further
(l) in section 31, in subsection (5), by adding the following new

paragraph –
(c) The NCSSU shall abide by all the provisions made

under this Act, and any directives issued by the Minister, during the
(m) in section 35, by adding the following new subsection –
(3) The Institute shall abide by all the provisions made

under this Act, and any directives issued by the Minister, during the
(n) in section 44, by inserting, after subsection (1), the following new
subsection –
(1A) Subsection (1) shall, in addition, apply during the

(o) in section 48 –
(2) Subsection (1) shall not apply during the COVID-

19 period and such further period as may be prescribed.
(p) in the Second Schedule, in paragraph 1, by adding the following new

subparagraph, the full stop at the end of subparagraph (k) being
deleted and replaced by a semicolon –
69
(l) for specific measures to be taken by athletes, coaches
and any other relevant person during the COVID-19
period and such further period as may be prescribed.
(q) in the Fourth Schedule, in paragraph 1, by adding the following new

subparagraph, the full stop at the end of subparagraph (d) being
deleted and replaced by the words “; and” and the word ”and” at
the end of subparagraph (c) being deleted –
(e) abide by directives issued by the Minister or its National

Sports Federation during the COVID-19 period and such
51. Statutory Bodies (Accounts and Audit) Act amended
The Statutory Bodies (Accounts and Audit) Act is amended, in section 3 –
(a) by numbering the existing provision as subsection (1);
(b) by adding the following new subsection –
(2) (a) During the COVID-19 period, a meeting of a

Board may be held either –
(i) by a number of the members who

constitute a quorum, being assembled
together at the place, date and time
appointed for the meeting; or

participating and constituting a quorum
can simultaneously hear each other
throughout the meeting.
(b) A resolution in writing, signed or assented to by

all members then entitled to receive notice of a meeting, shall be as
valid and effective as if it had been passed at a meeting duly
convened and held.
(c) A resolution under paragraph (b) may consist of

several documents, including facsimile, electronic mail or other
similar means of communication, each signed or assented to by one
or more members.
70
52. Sugar Insurance Fund Act amended
The Sugar Insurance Fund Act is amended by inserting, after section 56,the
(1) The crop year for year 2020 shall start on 1 February 2020
and end on 28 February 2021.
(2) Notwithstanding section 24(4), the general insurance

premium and the provisional estimate for crop year starting on 28 February
2020 shall be recovered –
(a) through the Syndicate on or before 15 July 2020 of

the crop year for which the premium is payable; or
(b) from the insured after 15 July 2020.
(3) Notwithstanding section 40(2), every planter or métayer shall,

not later than such period as may be prescribed after the COVID-19 period
lapses, register with the Board all his cane plantations for the following
crop year.
(4) Notwithstanding this Act, a crop year shall, on account of the

COVID-19 period, start on such date as the Minister may determine and
end on the following year on such date as the Minister may determine,
provided that it does not end not later than 30 April in that following year.
53. Tourism Authority Act amended
(a) by inserting, after section 71, the following new section –
71A. Restrictions on ground of public health
(1) Notwithstanding this Part, the Authority may, on the

ground of public health and for such period as it considers
appropriate, issue guidelines to holders of pleasure craft licences for
the purpose of –
(a) restricting the number of passengers authorised

on board pleasure crafts at any one time; and
71
(b) imposing such other conditions as may be
necessary.
(2) Any holder of a pleasure craft licence who fails to

comply with any guidelines issued, or conditions imposed, under
subsection (1) shall commit an offence.
(b) in section 126A –

subsection –
(4A) Where, pursuant to subsection (4), the time

period of 14 days expires, or falls wholly or partly, during –
(a) the COVID-19 period, the person who is

served with the notice under subsection
(1) shall, notwithstanding the time
imposed, pay the penalty not later than 3
months after the COVID-19 period
lapses; or

period lapses, the person who is served
with the notice under subsection (1) shall,
notwithstanding the time imposed, pay
the penalty not later than 3 months after
the period of 30 days lapses.
(ii) in subsection (5), by inserting, after the words “time limit

specified in the notice”, the words “or the time period
specified in subsection (4A), as the case may be”;
(6) (a) Where, pursuant to section 25A, 29, 64 or 75,

the time to renew a tourist accommodation certificate, tourist
enterprise licence, pleasure craft licence or canvasser permit expires,
or falls wholly or partly, during –
(i) the COVID-19 period, the tourist

accommodation certificate, tourist
enterprise licence, pleasure craft licence or
canvasser permit shall, notwithstanding
72
the time imposed, be deemed not to have
expired and shall remain valid for a period
of 12 months after the COVID-19 period
lapses; or
(ii) a period of one month after the COVID-19

period lapses, the tourist accommodation
certificate, tourist enterprise licence,
pleasure craft licence or canvasser permit
shall, notwithstanding the time imposed,
be deemed not to have expired and shall
remain valid for a period of 12 months
after the period of one month lapses.
(b) The payment of the renewal fee in respect of the

tourist accommodation certificate, tourist enterprise licence,
pleasure craft licence or canvasser permit may, for the period the
licence or permit is renewed under paragraph (a), be made in equal
monthly instalments.
(c) Where a person fails to pay 3 consecutive

monthly instalments, the tourist accommodation certificate, tourist
enterprise licence, pleasure craft licence or canvasser permit, as the
case may be, shall lapse.
54. Transcription and Mortgage Act amended
The Transcription and Mortgage Act is amended, in section 63, by

inserting, after subsection (1), the following new subsection –
(1A) Notwithstanding subsection (1), no fee shall, for the month of

April 2020 or such other month as may be prescribed, be payable for
searches in the mortgage or transcription books, or in the MIPD.
55. Utility Regulatory Authority Act amended
The Utility Regulatory Authority Act is amended –
(a) in section 17, in subsection (1)(b), by inserting, after the words

“such information”, the words “, electronically or otherwise,”;
(b) in section 25, by inserting, after subsection (2), by the following

new subsection –
73
(2A) Notwithstanding subsection (2), any person who
wishes to inspect the public register electronically shall make a
request to the Authority and the Authority shall take necessary
action to provide the person with electronic copies of the public
register.
56. Value Added Tax Act amended
The Value added Tax Act is amended, in the Fifth Schedule, by adding the
following new items –
39. Protective masks against dust, odours and the like of H.S Code
6307.90.30.
40. Other breathing appliances and gas masks, excluding protective

masks having neither mechanical parts nor replaceable filters of H.S Code
9020.00.00.
41. Hand sanitisers of H.S Code 3808.94.10.
57. Workers’ Rights Act 2019 amended
The Workers’ Rights Act 2019 is amended –
(i) by deleting the definition of “past service” and replacing it by the

following definition –
“past service” means service with an employer from the period

commencing on the date a worker is employed by the employer
up to the date preceding the date prescribed under section 94;
(ii) in the definition of “worker”, by deleting the words “sections 5,”

and replacing them by the words “sections 5, 17A,”;
17A. Work from home
(1) An employer may require any worker to work from home

provided a notice of at least 48 hours is given to the worker.
74
(2) The Minister may, for the purpose of this section, make
such regulations as he thinks fit.
(i) in subsection (1), by adding the words “provided a notice of at

least 48 hours is given to the worker”;
(ii) in subsection (3), by deleting the words “to care for his child
where the child is below school age or the child has an
impairment”;
(iii) in subsection (7), by deleting the definition of “school age”, the

semi-colon at the end of the definition of “reasonable business
grounds” being deleted and replaced by a full stop;
(d) section 23, by adding the following new subsection –
(7) Notwithstanding subsection (6), a worker who is employed

on shift work shall not, during the COVID-19 period and such further
period as may be prescribed, be entitled to any allowance for work
performed on night shift.
(e) by inserting, after section 24, the following new section –
24A. Overtime in connection with COVID-19 period
(1) Notwithstanding any provision to the contrary in section

24, where a worker, other than a watchperson, employed in any of the
sectors specified in the Ninth Schedule, works during the COVID-19
period or such further period as may be prescribed, the worker may
be –
(a) remunerated for any work which is performed –
(i) on a public holiday, at not less than twice the

basic hourly rate for every hour of work;
(ii) in excess of 45 hours or such lesser number

of agreed hours of work in any week, not
being hours of work referred to in
subparagraph (i), at not less than one and a
half times the basic hourly rate per hour for
every additional hour of work performed; or
75
(b) granted in any pay period, in lieu of remuneration
under paragraph (a), such number of hours of paid
time-off calculated in accordance with the rate at
which remuneration is paid under that paragraph.
(2) (a) Paid time off in any pay period may be granted to a
worker by the employer or at the request of the worker.
(b) Where a worker has not been granted paid time off
wholly or partly under paragraph (a), any outstanding period of time off
shall be accumulated up to the date the worker ceases, in any manner
whatsoever, to be in the employment of the employer or 31 December
2021 or such other date as may be prescribed, whichever is applicable.
(3) Where a worker cannot avail himself of the total number

of hours of time off accumulated under paragraph (2)(b), he shall be
paid remuneration in lieu of any time off left at the rate specified in
subsection (1)(a) and such payment shall be made at the time the
worker ceases, in any manner whatsoever, to be in the employment of
the employer or as at 31 December 2021 or such other date as may be
prescribed, whichever is applicable.
(4) For the purpose of computing the additional hours of work

under paragraph (1)(a), any authorised leave, whether with or without
pay, including injury leave, shall be deemed to constitute attendance at
work.
(f) in section 45, by adding the following new subsection –
(12) (a) Notwithstanding any provision to the contrary in

subsections (7) to (10) and subject to paragraph (b), an employer may,
during a period of 18 months following the expiry of the COVID-19
period, withhold up to 15 days’ annual leave, or such other number of
annual leave as may be prescribed, from the aggregate of the annual
leave specified in subsection (1) which accrues to a worker as from the
beginning of the year of the COVID-19 period or such further period as
may be prescribed.
(b) Where a worker has performed work during the

COVID-19 period, excluding the period starting from 15 May 2020 and
ending on 1 June 2020, the employer shall not withhold more than half
of annual leave specified in paragraph (a).
76
(c) Where the worker is a part-time worker, the
employer may withhold from the aggregate of the annual leave referred
to in subsection (5), such number of annual leave computed in
accordance with the following formula –
15/W x Y, where –
“W” means the number of working days in a week of a

comparable full-time worker; and
“Y” means the number of days of work he is required

to perform in a week.
(d) For the purpose of computing the aggregate annual

leave accruing to a worker under this section, any annual leave
entitlement for a period of less than 12 consecutive months shall be
prorated, to the next round figure, in accordance with the following
formula –
N/12 x Y, where –
“N” means the number of annual leave under subsection

(1) or (5), as the case may be; and
“Y” means the number of months in the period of less

than 12 consecutive months.
(g) in section 64, by inserting, after subsection (1) the following new
subsection –
(1A) (a) Subject to subsection (2), an agreement shall not be

terminated by an employer during any month in respect of which the
employer is in receipt of financial assistance.
(b) In this subsection –
“financial assistance” includes –
(a) the allowance payable under the Wage

Assistance Scheme pursuant to section 150B
of the Income Tax Act; or
(b) such other financial assistance which is paid

to an employer by the State or an agent of
77
the State, as the case may be, under any
other enactment or otherwise.
(h) in section 67, by adding the following new subsection –
(6) The Minister may, by regulations –
(a) exempt an employer who provides services in

the sectors specified in the Third Schedule to
the Employment Relations Act from the
application of section 67; and
(b) make provisions for the terms and conditions

on which a worker may be offered
employment by a new employer following a
transfer of undertaking or taking over of the
trade or business of his former previous
employer.
(i) in section 70, in subsection (1)(b), by inserting, after the words

“section 64(1),”, the words “(1A),”;
(a) in subsection (1) by deleting the words “An employer” and

replacing them by the words “Subject to section 72A, an
employer”;
(b) by repealing subsection (10) and replacing it by the following

subsection –
(10) Where the Board finds that the reasons for the
reduction of the workforce or the closing down are unjustified,
the Board shall, subject to subsection (11), order the employer to
pay to the worker severance allowance at the rate of 3 months’
remuneration per year of service.
(k) by inserting, after section 72, the following new section –
72A. Reduction of workforce in certain enterprises in the services

sector
78
(1) The Minister may, by regulations, exempt an employer who
provides services in the sectors specified in the Third Schedule to the
Employment Relations Act from the application of section 72.
(2) Where an employer who has been exempted pursuant to

subsection (1) intends to reduce the number of workers in his
employment, either temporarily or permanently, or close down his
enterprise, the employer shall give written notice to the Board, together
with a statement showing cause for the reduction or closure at least 15
days before the intended reduction or closing down, as the case may
be.
(3) Notwithstanding section 75(8) and (9), the Board shall

complete its proceedings within 15 days from the date of notification
by the employer.
(4) (a) Where the Board finds that the reasons for the
reduction of the workforce or the closing down are justified, the Board
shall order that the worker shall be paid 30 days’ wages as indemnity
in lieu of notice.
(b) Where the Board finds that the reasons for the
reduction of the workforce or the closing down are unjustified, the
Board shall order the employer to pay to the worker severance
allowance at the rate of 3 months’ remuneration per year of service.
(5) Where the Board finds that the reasons for the reduction
of the workforce or the closing down are justified under subsection 4(a),
the Board shall, in lieu of the termination of employment, at the request
of the employer and subject to the consent of the worker concerned,
order that the worker, or such category of workers as the employer may
designate, shall proceed on leave without pay for such period as the
employer may specify in his notification subject to the condition that
the resumption of employment be on such new terms and conditions,
including pension benefits, as the employer may, prior to resumption of
work, offer to the worker.
(6) Where the Board makes an order under subsection (4) or

(5), the order shall be enforced in the same manner as an order of the
Industrial Court.
(l) in section 84, in subsection (1), in subparagraph (a)(ii), by inserting,

after the words “section 64(1),” the words “(1A),”;
79
(m) in section 94, in subsection (1), by deleting the words “on the
commencement of this Act’ and replacing them by the words “on such
date as may be prescribed”;
(n) in section 95, in subsections (1) and (3)(a), by deleting the words “this
Act” and replacing them by the words “this Part”;
(o) in section 123, in subsection (1), by adding the following new

paragraph, the comma at the end of paragraph (f) being deleted and
replaced by a semicolon –
(g) contravenes sections 5, 8, 16, 24, 26, 27, 33, 54

and 118(4);
(p) by adding the Ninth Schedule set out in the Fourth Schedule to this Act.
58. Commencement
(1) Sections 2 to 7, 9, 11 to 13, 15 to 20, 21 in so far as it relates to

paragraph (a)(ii), 22 to 42, 44 to 48, 50 to 55, and 57 shall be deemed to have come
into operation on 23 March 2020.
(2) Sections 12 and 56 shall be deemed to have come into operation on 24

March 2020.
(3) Section 14 shall be deemed to have come into operation on 19 March

2020.
(4) Section 21(a)(i) and (b) shall come into operation on 1 May 2020.
_______________
80
FIRST SCHEDULE
[Section 8(e)]
FIFTH SCHEDULE
[Section 30A]
FIXED PENALTY OFFENCES
1. Breach of section 3, 4, 5, 6, 8, 9, 12, 13, 14, 15, 16, 17, 18, 19, 20 or
21 of the Consumer Protection (Price and Supplies Control) Act
2. Failing to submit a return of cost within 10 working days, in breach of

regulation 3(1)(a) of the Consumer Protection (Consumer Goods)
(Maximum Mark-Up) Regulations 1998
3. Using Liquefied Petroleum Gas in small cylinders other than for domestic
purposes, in breach of regulation 3(a) of the Consumer Protection (Use of
Liquefied Petroleum Gas in Small Cylinders) Regulations 2012
_______________
81
SECOND SCHEDULE
[Section 12(b)]
H.S. Code Description Statistical General COMESA* COMESA* SADC IOC INDIA PAKISTAN EC TURKEY
unit Group I Group II
% % % % % % % % %
-- Disinfectants –
3808.94.10 --- Hand Sanitiser kg 0 0 0 0 0 0 0 0 0
3808.94.90 --- Other kg 0 0 0 0 0 0 0 0 0

_______________
82
THIRD SCHEDULE
[Section 15(e)]
THIRD SCHEDULE
[Sections 70 and 81]
PART I
Civil aviation and airport, including ground handling and ancillary services
Air traffic control
Health
Hospital
Port, including cargo handling services and other related activities in the ports
including loading, unloading, shifting, storage, receipt and delivery, transportation
and distribution, as specified in section 36 of the Ports Act
PART II
Air transport
Customs
Electricity
Hotel services
Radio and television
Refuse disposal
Telephone
Transport of passengers and goods
Water supply
_______________
FOURTH SCHEDULE
[Section 57(p)]
NINTH SCHEDULE
[Section 24A]
SECTORS
Blockmaking, construction, stone crushing and related industries
Manufacturing sector governed by the Factory Employees (Remuneration)

Regulations 2019
_______________
84

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THE COVID-19 (MISCELLANEOUS PROVISIONS) BILL

THE COVID-19 (MISCELLANEOUS PROVISIONS) BILL

To amend a number of enactments to cater for the impact of the

ENACTED by the Parliament of Mauritius, as follows –

This Act may be cited as the Covid-19 (Miscellaneous Provisions) Act

2. Bank of Mauritius Act amended

The Bank of Mauritius Act is amended –

(i) in subsection (1) –

(A) by inserting, after paragraph (o), the following new

(oa) on account of the Covid-19 virus having a

(B) in paragraph (y), by inserting, after the words “shares

(ii) in subsection 16, by inserting, before the definition of

“Covid-19 virus” means the novel coronavirus (2019-

(b) in section 46, by adding the following new subsection –

(5) The Bank may, for the purpose of section 6(1)(y),

(c) in section 47, by adding the following new subsection –

(6) Notwithstanding subsection (5), the Board may, on

3. Central Electricity Board Act amended

The Central Electricity Board Act is amended, in section 20A, by adding

(4) Where, pursuant to subsection (2), the time period of 20 days

(a) the COVID-19 period; or

(b) such further period as may be prescribed after the

no surcharge shall be imposed and the electricity supply shall not be

4. Central Water Authority Act amended

The Central Water Authority Act is amended, in section 21A, by adding

(5) Where, pursuant to subsection (2), the time period of 21 days

(a) the COVID-19 period; or

(b) such further period as may be prescribed after the

no surcharge shall, notwithstanding subsection (3)(a), be imposed and the

5. Chemical Fertilisers Control Act amended

The Chemical Fertilisers Control Act is amended –

(i) by numbering the existing provision as subsection (1);

(ii) by adding the following new subsection –

(2) (a) The Permanent Secretary or his

(b) Where the Permanent Secretary or his

(c) Any licensee who withholds a stock of

(b) in section 9, in subsection (2), by deleting the words “1,000 rupees”

6. Civil Status Act amended

The Civil Status Act is amended –

(i) by inserting, after subsection (1), the following new

(1A) Where, pursuant to subsection (1)(a), the time

(a) the COVID-19 period; or

the declaration may, notwithstanding the time imposed, be

(b) in section 23, by adding the following new subsection –

(3) Where, pursuant to subsection (2), the time period of 3

(a) the COVID-19 period, no new publication shall,

(b) a period of 30 days after the COVID-19 period

7. Companies Act amended

The Companies Act is amended –

(a) by inserting, after section 20, the following new section –

20A. Temporary measures during COVID-19 period

(1) The Registrar may, during the COVID-19 period and

(2) Any Practice Direction, guideline or other instruction

(b) in section 115 –

(i) in subsection (1)(b), by deleting the words “6 months” and

(ii) by inserting, after subsection (1), the following new

(1A) (a) Subsection (1)(a) and (c) shall not apply

(b) The Registrar may issue such Practice

(c) in section 162, by adding the following new subsection –