Mauritius
Registration of Associations Act
Act 35 of 1978
- Commenced on 3 January 1979
- [This is the version of this document at 30 June 2017.]
Part I – Preliminary
1. Short title
This Act may be cited as the Registration of Associations Act.2. Interpretation
In this Act—"accounting date", in relation to a registered association, means the closing date of its accounting period;"accounting period", in relation to a registered association, means the period specified in its rules in respect of which a statement of receipts and payments is to be prepared under section 20 (2);"association"—(a)means an organisation made up of not less than 7 persons having a formal structure with a common purpose, other than that of pecuniary gain to its members; but(b)does not include a political party;"auditor" means a person appointed as such by an annual general meeting of a registered association;"committee" means the body of persons which is entrusted with the management of a registered association;"FIU" has the same meaning as in the Financial Intelligence and Anti-Money Laundering Act;"foreign association" means an association formed outside Mauritius;"large association" means a registered association—(a)the membership of which exceeds such number; or(b)the value of the assets of which, or the annual revenue of which in 2 consecutive years, exceeds such amount,as may be prescribed;"member" means a member of an association and, in the case of a foreign association, a member who is a resident of Mauritius;"Minister" means the Minister to whom responsibility for the subject of associations is assigned;"mutual aid society" means an association of which one of the main objects is to provide benefits on the death of a member, his spouse or any of his relatives;"office", in relation to an association, means the principal place of business of the association;"officer"—(a)means a person who forms part of a committee or is an auditor or secretary of an association;(b)does not include a member of the staff of an association who performs the duties of a secretary;"register" means the register to be kept under section 4;"registered" means registered under this Act;"Registrar" means the Registrar of Associations;"revenue" means the gross receipts of a registered association from any source;"secretary"—(a)means the secretary of an association; and(b)includes—(i)any other person performing the duties of secretary; and(ii)in the case of a foreign association, the person who represents the association in Mauritius;"special resolution" means a resolution passed by a registered association in accordance with section 30;"village" has the same meaning as in the Local Government Act;"youth club" means an association—(a)the members of which are—(i)over the age of 14; and(ii)under the age of 30; and(b)the aims and objects of which are to provide facilities for the spiritual, mental or physical training of its members.[S. 2 amended by Act 27 of 1986; s. 61 (a) of Act 11 of 2018 w.e.f. 9 August 2018.]3. Application of Act
Part II – Registration of associations
4. Register of associations
5. Registration of associations
6. Application for registration
7. Grounds for refusal to register
8. Certificate of registration
9. Status and acts of associations
10. Consequences of refusal to register
Part III – Rules of associations
11. Rules of association
12. Minors
13. Amendment of rules
14. Rules to be binding
Part IV – Cancellation, amalgamation and winding up of associations
15. Cancellation of registration
16. Voluntary winding up
17. Amalgamation
18. Effect of winding up
Part V – Administrative provisions
19. Application of funds
20. Records and accounts
21. Audit
21A. Anti-money laundering and combating financing of terrorism
22. Annual general meeting
23. Annual return
24. Register of members and records
25. Officers
25A. Duties of officers
26. Security
27. Establishment of branches
28. General meetings of large associations
29. General meetings of delegates
30. Special resolution
Part VI – Miscellaneous
31. Powers of Registrar
32. Inquiry into affairs and conduct of association
33. Appeals
34. Registrar's certificate to be evidence
A certificate under the hand of the Registrar as to the names of the officers of members of a registered association or any other fact required by this Act to be registered shall be prima facie evidence of the facts stated therein.35. ***
36. Exemptions
The Minister may, by regulations, exempt any association, including a foreign association, from registration under section 5.[S. 36 amended by Act 27 of 1986.]37. Offences and penalties
Any association, officer or other person who fails to comply with this Act or any order made under section 32 (8) 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 3 months.[S. 37 amended by s. 61 (h) of Act 11 of 2018 w.e.f. 9 August 2018.]38. Regulations
History of this document
30 June 2017 this version
Consolidation
03 January 1979
Commenced