Mauritius. The Export Processing Zones Development Authority Act, 1993
PROCESSING ZONES DEVELOPMENT AUTHORITY ACT 1990, as amended to 20
An Act to provide for the
establishment and management of the Export Processing Zones
ENACTED by the
Parliament of Mauritius, as follows -
1. Short title This Act may be cited as the Export Processing Zones
Development Authority Act 1990.
2. Interpretation In this Act -
the Export Processing Zones Development Authority
established under section 3;
"Board" means the
Board established under section 5;
"Chairman" means the
Chairman of the Board;
"Director" means the
person appointed as such under section 11;
"employee" means any
employee of the Authority and includes the Director;
has the same meaning as in the Export Processing Zones
"export processing zone"
has the same meaning as in the Export Processing Zones
"member" means a
member of the Board and includes the Chairman;
"Minister" means the
Minister to whom responsibility for the subject of
industry is assigned;
"sector" means the
export enterprises operating in the export processing
3. Establishment of the
(1) There is established for
the purposes of this Act the Mauritius Export Processing
Zones Development Authority.
(2) The Authority shall be a
4. Objects of the Authority
The objects of the Authority shall be -
(a) to analyse problems
facing the sector and make recommendations thereon;
(b) to operate a
documentation service and disseminate information to
(c) to carry out research and
development in the sector;
(d) to commission consultancy
services for export enterprises facing difficulties and
requiring technical assistance; and
(e) to advise the Minister on
matters relating to the sector.
5. The Board
(1) The Authority shall be
administered by a Board.
(2) The Board shall consist of
the following members -
(a) a Chairman, to be
appointed by the Minister;
(b) the Financial
Secretary or his representative;
(c) the Permanent
Secretary, Ministry of Industry and Industrial
Technology or his representative;
(d) the Permanent
Secretary, Ministry of Trade and Shipping or his
(e) the Director of
the Mauritius Export Development and Investment
Authority or his representative;
(f) the Director of
the Small and Medium Industries Development
Organisation or his representative;
(g) a representative
of the Mauritius Chamber of Commerce and Industry;
(h) a representative
of the Mauritius Export Processing Zone
(i) two other members
appointed by the Minister.
(3) Every appointed member
(a) be a person who,
in the Minister's opinion, has -
and proven ability in the field of
industry, trade or finance; or
knowledge or experience that renders him
a fit and proper person to be a member;
(b) hold and vacate
office on such terms and conditions as the
Minister thinks fit;
(c) be paid such fees
or allowances as the Board may, with the approval
of the Minister, determine.
(4) No person shall be
qualified to be a member if he is a member of the
Assembly or of a local authority.
6. Meetings of the Board
(1) Subject to subsections (2)
and (3), the Board shall regulate its meetings and
proceedings in such manner as it thinks fit.
(2) The Board shall meet at
the request of the Chairman, the Director or not less
than 5 members and at such time and place as the Chairman
(3) 5 members shall constitute
7. Special assignments
(1) The Authority may appoint
any person to perform such functions as the Authority may
assign to him.
(2) A person appointed under
subsection (1) may exercise such of the powers of the
Authority as the Authority thinks fit to delegate to him
for the proper discharge of his functions.
8. Disclosure of interest by
A member shall, in relation to any matter before the Board in
which he has a direct or indirect interest, disclose at or before
the meeting convened to discuss that matter the nature of his
interest, and shall not take part in any deliberation or decision
of the Board relating to that matter.
9. Attendance of Director
The Director shall, unless directed otherwise by the Board,
attend every meeting of the Board and may take part in its
deliberations but he shall not be entitled to vote on any matter
before the Board.
10. Delegation of powers
(1) Subject to subsection (2)
and to such instructions and rules of a general nature as
it may give or make, the Board may delegate to the
Chairman or to the Director, such of its powers under
this Act as may be necessary to assist in the effective
management of the Authority, other than the power -
(a) to borrow money;
(b) to raise loans.
(a) Subject to
paragraph (b), no document shall be signed by or
on behalf of the Authority unless it is signed by
the Director, and the Chairman or, in the absence
of the Chairman, say other member appointed by
the Board for that purpose.
(b) A document to
which the Authority is a party may be signed
outside Mauritius by any person nominated for
that purposes by the Board.
(1) There shall be a chief
executive officer of the Authority who shall
(a) be known as the
(b) be appointed by
the Board with the approval of the Minister.
(2) The Director shall be
responsible for the execution of the policy of the Board
and for the control and management of the day to day
business of the Authority.
(3) In the exercise of his
functions, the Director shall act in accordance with such
directions as he may receive from the Board.
(4) The Director may, with the
approval of the Board, delegate his functions or any
power delegated to him under section 10 to an employee.
12. Appointment of employees
(1) Subject to subsection (3),
the Board may employ, on such terms and conditions as it
thinks fit, such employees as may be necessary for the
proper discharge of the functions of the Authority.
(2) Every employee shall be
under the administrative control of the Director.
(3) No person shall be
eligible for employment or, if already employed, continue
in employment where he has any interest in any enterprise
(a) operating in an
export processing zone; or
(b) involved in the
export or re-export of locally manufactured
products or in other export services.
(4) No employee shall take an
active part in politics or seek election as a member of
the Authority or of a local authority.
13. Conditions of service of
The Board may make provision, in such form as it may determine to
govern the conditions of service of employees, and, in particular,
to deal with -
(a) the appointment, dismissal,
discipline, pay and leave of, and the security to be
given by employees;
(b) appeals by employees
against dismissal or other disciplinary measures; and
(c) the establishment and
maintenance of provident and pension fund schemes and the
contributions payable to and the benefits recoverable
from those schemes.
14. Protection of members and
No liability, civil or criminal, shall attach to any member or
employee or to the Authority in respect of loss arising from the
exercise in good faith by a member or an employee or the
Authority of his or its functions under this Act.
15. Powers of the Minister
(1) The Minister may, in
relation to the exercise by the Board of the powers of
the Authority under this Act, after consultation with the
Board, give such directions of general character to the
Board as he considers necessary in the public interest,
and the Board shall comply with those directions.
(2) The Board shall furnish to
the Minister such information with respect to its
activities as he may require.
16. General Fund
The Authority shall establish a General Fund -
(a) into which all money
received by the Authority shall be paid; and
(b) out of which all payments
required to be made by the Authority shall be effected.
17. Charges to the General Fund
The Authority may, in the discharge of its functions and in
accordance with the terms and conditions on which its funds may
have been obtained or derived, charge to the General Fund all
remunerations, allowances, salaries, fees, pensions and
superannuation fund contributions, gratuities, working expenses
or all other charges properly arising, including any necessary
The Authority shall be exempt from the payment of any duty,
charge, fee, rate or tax.
(1) The Board may, with the
approval of the Minister, make such regulations as it
thinks fit for the purposes of this Act.
(2) Any regulations made under
subsection (1) may provide for the taking of fees and
levying of charges.
20. Consequential amendment
(1) Subject to subsections (2)
and (3), the Statutory Bodies (Accounts and Audit) Act is
amended in Part II of the Schedule by adding the
Export Processing Zones Development Authority
(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 Authority.
(3) Section 7 (1) of the
Statutory Bodies (Accounts and Audit) Act shall not apply
in relation to the first financial year of the Authority.
(4) The auditor to be
appointed under section 5 (1) of the Statutory Bodies (Accounts
and Audit) Act shall be the Director of Audit.
21. Transitional provisions
(1) The powers conferred upon
the Minister under section 5 shall, during a period of
one year following the commencement of this Act, be
exercised by the Prime Minister.
(2) Section 5(4) shall not
apply to the first Chairman to be appointed by the Prime
Minister under subsection (1).
This Act shall come into operation on a day to be fixed by
Passed by the Legislative Assembly
on the eighteenth day of December, one thousand nine hundred and