Mauritius. The Export Processing Zones Development Authority Act, 1993
WELFARE FUND ACT 1987
Act 5 of
1987-1 January 1988
To provide for the establishment
and management of an Export Processing Zone Labour Welfare Fund
1 Short title This Act may be cited as the Export Processing Zone
Labour Welfare Fund Act 1987.
2 Interpretation In this Act-
"Chairman" means the
Chairman of the Committee;
the Export Processing Zone Labour Welfare Fund Committee
established under section 5;
has the meaning assigned to it under the Export
Processing Zones Act;
"Fund" means the
Export Processing Zone Labour Welfare Fund established
under section 3;
means the person appointed to that office under section 9;
"member" means a
member of the Board and includes the Chairman;
"Minister" means the
Minister to whom responsibility for the subject of labour
"worker" means a
person employed in an export enterprise and includes a
3 Establishment of the Fund
(1) There is established for
the purposes of this Act an Export Processing Zone Labour
(2) The Fund shall be a body
4 Objects of the Fund
The objects of the Fund shall be to
do all such things as appear requisite and advantageous for or in
connection with the advancement and promotion of the welfare of
the workers and their children.
5 The Committee
(1) The Funds shall be managed
and administered by a Committee which shall consist of-
representatives of the Ministry of Labour and
Industrial Relations, Women's Rights and Family
(b) a representative
of the Ministry of Finance;
(c) a representative
of the Ministry of Industry;
representatives of workers appointed by the
Minister after consultation with such trade
unions catering for workers as he may deem fit;
representatives of employers appointed by the
Minister after consultation with such
organisations of employers as he may deem fit.
(2) The Chairman shall be
appointed by the Minister from amongst the members.
(3) The appointed members
shall hold and vacate office on such terms and conditions
as the Minister may determine.
(4) No appointed member shall
be deemed to hold a public office by virtue of his
(5) The Committee may decide
upon the activities to be undertaken in pursuance of the
objects of the Fund.
6 Meetings of the Committee
(1) The Committee shall meet
at least once every three months at such time and place
as the Chairman may consider appropriate.
(2) Seven members shall
constitute a quorum.
(3) No member shall take part
in the proceedings of the Committee on any matter in
which he has a personal or direct interest.
7 Attendance of the General
The General Manager shall attend
every meeting of the Committee and may take part in its
deliberations but he shall not be entitled to vote on any
question before the Committee.
8 Directions of the
The Minister may, in relation to
the exercise of the powers of the Fund under this Act, give such
directions to the Fund as he considers necessary in the public
interest and the Fund shall comply with such directions.
9 General Manager
(1) The Committee shall, with
the approval of the Minister, appoint, on such terms and
conditions as it may determine, a General Manager who
shall be the Chief Executive Officer of the Fund.
(2) The General Manager shall
be responsible for the execution of the policy of the
Fund and for the control and management of its day to day
(3) In the exercise of his
functions the General Manager shall act in accordance
with such direction as he may receive from the Committee.
(4) The General Manager may,
with the approval of the Committee, delegate any of his
functions to such employees as he may determine.
10 Delegation of powers to
The Committee may, subject to such
instructions and rules of a general nature as it may give or make,
delegate to the General Manager such of its powers as are
necessary to enable him to transact effectively the day to day
business of the Fund.
11 Execution of documents
(1) Subject to subsection (2),
no deed, instrument, contract or cheque drawn on a
banking account shall be executed or signed by or on
behalf of the Committee unless it is signed by-
(a) the General
Manager and the Chairman;
(b) in the absence of
the General Manager and the Chairman or either of
them, two persons designated by the Committee.
(2) A document to which the
Committee is a party may be signed outside Mauritius by
any person nominated in writing for the purpose by the
12 Appointment of staff
(1) The Committee may appoint,
on such terms and conditions as the Committee may
determine, such employees as may be necessary for the
proper discharge of its functions under this Act.
(2) The employees shall be
under the administrative control of the General Manager.
13 Conditions of service of
The Committee may make rules, in
such form as it may determine to govern the conditions of service
of its employees and in particular deal with-
(a) the appointment, dismissal,
discipline, pay and leave of, and the security to be
given by the employees; and
(b) the establishment and
maintenance of provident and pension fund schemes and the
contribution payable thereto and the benefits recoverable
14 Contribution to the Fund
(1) For the purpose of this
Act, every export enterprise and every worker other than
a retired worker shall make a monthly contribution to the
Fund according to such rates as may be prescribed.
(2) Any contribution made to
the Fund shall be deductible for income tax purposes.
15 General Fund
The Fund shall establish a General
(a) into which all money
received by the Fund shall be paid; and
(b) out of which all payments
required to be made by the Fund shall be made.
16 Investment of assets of
The Committee may invest any
surplus remaining in the Fund in such manner as the Minister of
Finance may approve.
(1) The Committee shall, not
less than 3 months before the beginning of every
financial year, submit to the Minister a consolidated
estimate of the expenditure and income of the Fund.
(2) Subject to subsection (3),
the Minister shall, before the beginning of the financial
year, signify in writing his approval of the estimates.
(3) In signifying his approval
under subsection (2), the Minister may-
(a) approve part only
of the expenditure under any item; and
(b) direct the
Committee to amend the estimates in respect of
(4) Subsection (1) shall not
apply to the first financial year of the Fund.
18 Annual Report
(1) The Committee shall, not
later than 3 months after the close of a financial year,
issue an annual report on its activities and audited
accounts for that financial year.
(2) The annual report shall be
submitted to the Minister for his approval and be laid
subsequently before the Legislative Assembly.
19 Grant of loans
The Committee may grant loans from
the Fund to workers for such purposes and on such terms and
conditions as it may determine.
20 Certain enactments not
Notwithstanding article 2154 of the
Code Napoleon, the inscription taken by the Committee to secure
the repayment of a loan together with interest and any other
liability in respect of the loan, shall remain in full force
without the need for renewal until the extinction of the loan,
interest and liability.
The Fund shall be exempt from
payment of income tax.
22 Request for information
The Fund may direct any person,
organisation or industry of the export processing zone to produce
any document or information which it considers reasonably
necessary for the performance of its duties under this Act.
Every person who-
(a) without any reasonable
excuse fails to comply with any direction given by the
Fund under this Act;
(b) knowingly furnishes to the
Fund any information or produces any document which is
false or misleading in a material particular;
(c) obstructs an employee of
the Fund in the performance of his functions under this
(d) contravenes any provision
of this Act or of any regulations made under this Act,
shall commit an offence and shall,
on conviction, be liable to a fine not exceeding 1,000 rupees and
to imprisonment for a term not exceeding 12 months.
The Minister may make such
regulations as he considers necessary for the purpose of this Act.
25 Consequential amendment
(1) Subject to subsections (2)
and (3), the Schedule to the Statutory Bodies (Accounts
and Audit) Act is amended in Part II by inserting the
"Export Processing Zone Labour Welfare Fund"
(2) For the purposes of the
Statutory Bodies (Accounts and Audit) Act the period
extending from the commencement of this Act to 30 June
next following shall be deemed to be the first financial
year of the Fund.
(3) Section 7(1) of the
Statutory Bodies (Accounts and Audit) Act shall not apply
in relation to the first financial year of the Fund.
(4) The auditor to be
appointed under section 5(1) of the Statutory Bodies (Accounts
and Audit) Act shall be the Director of Audit.