Mauritius
National Heritage Fund Act
Act 40 of 2003
- Commenced on 30 December 2003
- [This is the version of this document at 30 June 2017.]
1. Short title
This Act may be cited as the National Heritage Fund Act.2. Interpretation
In this Act—"Board" means the National Heritage Fund Board referred to in section 5;"Chairperson" means the Chairperson of the Board;"cultural significance" means aesthetic, anthropological, archaeological, architectural, botanic, ethnological, geological, historical, linguistic, palaeontological, scientific, social, spiritual or technological value;"Director" means the person appointed as such under section 9;"Fund" means the National Heritage Fund established under section 3;"intangible heritage"—(a)means intangible aspects of inherited culture; and(b)includes culinary arts, cultural traditions, customs, festivities, oral history and traditions, performing arts, rituals, popular memory and skills and techniques connected with material aspects of culture;"member"—(a)means a member of the Board; and(b)includes the Chairperson;"Minister" means the Minister to whom responsibility for the subject of arts and culture is assigned;"monument" means—(a)any structure of cultural significance, remains of such a structure, building or group of buildings, which, because of its homogeneity or its place in the landscape, is of outstanding value; and(b)architectural work, work of monumental sculpture and painting, an element or structure of an archaeological nature, an inscription or a cave dwelling which is of outstanding value;"national heritage"—(a)means a national heritage designated in regulations made under section 12 and specified in the Schedule; and(b)includes a national monument designated under the revoked National Monuments (Designation) Regulations 1985 and specified in the Schedule;"site" means any area on land or under water, with or without any structure, building, monument or object thereon having a cultural significance.[S. 2 amended by s. 17 (a) of Act 27 of 2012 w.e.f. 22 December 2012; s. 30 (a) of Act 27 of 2013 w.e.f. 22 December 2012.]2A. Application
Sections 4, 6 and 15 shall not apply to Aapravasi Ghat and the remaining part of the structure comprising it, specified under the heading "PORT LOUIS DISTRICT" in the Schedule.[S. 2A inserted by s. 9 of Act 19 of 2006.]3. Establishment of National Heritage Fund
4. Objects of Fund
The objects of the Fund shall be to—5. The Board
6. Functions and powers of Board
The Board may do all such things as appear requisite and advantageous for the furtherance of the objects of the Fund and in particular shall—7. Meetings of Board
8. Disclosure of interest
A member who has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered by the Board shall forthwith, or as soon as is practicable after the relevant facts have come to his knowledge, disclose in writing the nature of his interest to the Board and shall not—9. The Director
10. Appointment of staff
11. Appointment of Advisory Committees
12. Designation of national heritage
13. Ownership of national heritage
14. Maintenance of national heritage
15. Powers of Minister
16. Prohibition on exports
No person shall export, or cause to export, a national heritage without the prior approval of the Board.[S. 16 repealed and replaced by s. 17 (c) of Act 27 of 2012 w.e.f. 22 December 2012; s. 30 (c) of Act 27 of 2013 w.e.f. 22 December 2012.]17. Offences
18. Delegation of powers
Subject to such instructions and rules of a general nature as it may give or make, the Board may delegate to the Chairperson or the Director such of its powers under this Act as may be necessary to assist it in the effective management of the Fund, other than the power to—19. Execution of documents
20. General Fund
21. Donations and legacies
Article 910 of the Code Civil Mauricien shall not apply to the Fund.22. Exemptions
Notwithstanding any other enactment—23. Regulations
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History of this document
30 June 2017 this version
Consolidation
30 December 2003
Commenced