Mauritius
Interpretation and General Clauses Act
Act 33 of 1974
- Commenced on 12 July 1974
- [This is the version of this document at 30 June 2017.]
Part I – Preliminary and general rules of interpretation
1. Short title
This Act may be cited as the Interpretation and General Clauses Act.2. Interpretation
Unless the context otherwise requires or unless otherwise expressly provided, in this Act and in every other enactment and public document—3. Application of Act
4. Application of enactments
5. General rules of interpretation
6. Structure of enactments
7. Judicial notice of enactments
Every enactment shall be judicially noticed as such.8. ***
9. Enactments binding the State
10. French expressions in enactments
Where in an enactment a French term or expression is used, or an English term or expression is explained by reference to a French term or expression, the interpretation of the enactment shall be in accordance with that of the French term or expression.11. Inclusiveness of references
Where a reference is made in an enactment to the numbers of any series of sections of an enactment, or to any Part of any enactment, the reference shall be construed as inclusive of the sections and words mentioned in the reference or appearing in the Part.Part II – Publication, commencement and repeal of enactments
12. Publication of enactments
13. Commencement
Every enactment, and every instrument made, granted or issued under a power conferred by any enactment shall come into operation on the expiration of the day before its commencement.14. Exercise of powers before commencement
15. Acts enrolled in Supreme Court
16. Gazette
17. Effect of repeal
18. Re-enacted provisions
Where an enactment repeals and re-enacts another enactment, with or without modification, any reference to the repealed enactment in any other enactment shall be construed as a reference to the re-enacted provision.19. Amended enactments
Part III – Provisions relating to subsidiary enactments
20. Commencement and disallowance
21. Enactments to be approved by Minister
Where a subsidiary enactment is made by a person, other than the President or a Judge, it shall, unless the enactment under which it is made expressly otherwise provides, be approved by the Minister before it is published in the Gazette.[S. 21 amended by Act 48 of 1991.]22. Retrospective operation
23. Power to make subsidiary enactments
Where an enactment confers power on any person to make a subsidiary enactment—24. Fees and charges
Where an enactment confers power to make subsidiary enactments in respect of fees or charges, the subsidiary enactment may—Part IV – Exercise powers
25. Exercise of powers and duties
Where an enactment confers a power or imposes a duty—26. Enabling words
Where an enactment confers on a person the power to do or enforce the doing of any act or thing, that person shall be deemed to have every power that is reasonably necessary to enable him to do or enforce the doing of the act or thing and in particular—27. Presumption of lawful exercise of power
Where an enactment confers a power which is to be exercised subject to a specified condition, the exercise of the power shall imply that the prescribed condition was fulfilled.28. Powers included in power to appoint
29. Exercise of powers by holder of office
Where an enactment confers a power or imposes a duty on the holder of an office as such—30. Fulfilment of duty and exercise of power
31. Membership of statutory corporations and other bodies
32. Power to remit fine or penalty
Where under any revenue law there is a power to remit a fine or penalty, other than a fine or penalty imposed by a Court order, the power shall be exercised by the Minister to whom responsibility for the subject of finance is assigned or by the Director-General of the Mauritius Revenue Authority, as the case may be.Part V – Miscellaneous
33. Ministerial responsibility
34. Thumbprint or mark in lieu of signature
Where a party to a document is unable to sign, the thumbprint or mark of that party, attested by the signature of 2 other persons who are not parties to the document and who certify the identity of the party affixing the thumbprint or mark shall have the same legal effect as if that party had signed his name.35. Forms
Where a form is prescribed, a document which purports to be in the form prescribed shall not be void by reason only of a deviation from the form, where the deviation does not affect the substance of the document and is not calculated to mislead.35A. Electronically recorded documents
36. Assessment of age
37. Statutory corporations
37A. Issue of licences
Where a licence, permit or authority is issued under an enactment, it shall at all times be subject to such terms and conditions as may be imposed whether at the time of issue or renewal or during its currency.[S. 37A amended by Act 48 of 1991.]38. Computation of time
39. Extension of time
Where a time is prescribed or allowed for doing any act or thing or taking any proceeding and power is given to a Court, public body, public officer or other authority to extend such time, such power may be exercised although the application for the extension is made after the expiration of the time prescribed or allowed.40. Service by post
Where an enactment authorises or requires a document to be served by post, whatever the expression used, the service shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the document and be presumed to have been effected at the time when the letter would be delivered in the ordinary course of post.40A. Service of process on bodies corporate
Any summons, notice or process which is required to be served on a company, société or other corporate body shall be served by leaving the summons, notice or process—41. Process of law valid at any time
Any summons, notice, warrant or process may be issued, served or executed and any arrest, search or seizure may be carried out or made on any day, whether a public holiday or not, and at any hour of the day or night.42. Oaths
Where an enactment provides that a person shall take an oath, that person may make an affirmation or declaration in lieu of the oath.43. Distance
Where a distance is specified in an enactment or a document, it shall be measured in a straight line on a horizontal or vertical plane.44. Offence by agent or body corporate
44A. Offence by limited partnership
44B. Offence by Foundation
44C. Offence by limited liability partnership
45. Accomplices and attempts
Every accomplice and any person who attempts to commit an offence shall commit an offence and shall, on conviction, be liable to the penalty provided for the principal or completed offence, as the case may be.46. Offences under 2 or more enactments
Where an act constitutes an offence under 2 or more enactments, the offender shall be liable to be prosecuted under either or any of those enactments but he shall not be liable to be punished twice for the same act.47. Meaning of words in penalty clauses
Where several penalties are provided for an offence, the use of—History of this document
30 June 2017 this version
Consolidation
12 July 1974
Commenced