Mauritius
Mauritius Cane Industry Authority Act
Act 40 of 2011
- Commenced on 19 March 2012
- [This is the version of this document at 30 June 2017.]
Part I – Preliminary
1. Short title
This Act may be cited as the Mauritius Cane Industry Authority Act.2. Interpretation
In this Act—"appointed date" means the date which is prescribed as such for the purposes of section 7;"authorised body" means a body which is prescribed as such for the purposes of section 7;"Authority" means the Mauritius Cane Industry Authority established under section 3;"Board" means the Board of Directors referred to in section 8;"cane" means sugarcane;"cane contract" means a contract entered into in accordance with Part V;"Chairperson" means the Chairperson of the Board appointed under section 8;"Chief Executive Officer" means the Chief Executive Officer of the Authority appointed under section 11;"Control and Arbitration Committee" means the Control and Arbitration Committee referred to in section 20;"Control and Arbitration Department" means the Control and Arbitration Department referred to in section 3 (3) (c);"co-product"—(a)means a by-product of cane or sugar; and(b)includes ethanol, other alcohol and any other derived goods;"crop year" means the period extending from 16 January in a year to 1 5 January in the following year;"employee"—(a)means a person appointed as such under section 12; and(b)includes the Chief Executive Officer, the Director of the MSIRI and the Director of the Control and Arbitration Department;"factory" means a sugar factory;"factory area" means the area assigned to a factory under this Act;"fixed or floating charge" means a fixed or floating charge created under the Code Civil Mauricien;"intermediate product" means any product of the manufacture of sugar that occurs between the clarified juice stage and the syrup stage;"load" and "unload" include to load into and unload from ships, barges, lighters or any other means of transport by land or sea;"Mauritius Ports Authority" has the same meaning as in the Ports Act;"Mauritius Sugar Syndicate" means the Mauritius Sugar Syndicate referred to in the Mauritius Sugar Syndicate Act;"member"—(a)means a member of the Board; and(b)includes the Chairperson;"miller"—(a)means a person operating a factory; and(b)includes a person acting as manager for that person;"Minister" means the Minister to whom responsibility for the subject of agro-industry is assigned;"Ministry" means the Ministry responsible for the subject of agro-industry;"MSIRI", except in section 66, means the Mauritius Sugarcane Industry Research Institute referred to in section 3 (3) (b);"planter"—(a)means a person growing canes in a factory area; and(b)includes a person acting as manager for that person;"prescribed amount" has the same meaning as in the Public Procurement Act;"quay" includes a jetty and any other similar structure;"refined sugar" means sugar with a polarisation of 99.7 or more;"refiner" means a miller or other entity producing refined sugar;"Research and Development Committee" means the Research and Development Committee referred to in section 18;"Secretary" means the person designated as such under section 8;"small planter" means a planter cultivating cane over an extent of less than 10 hectares;"SPRP" means the Sugarcane Planters Regrouping Project undertaken by the Authority to modernise the sugar cane planter sector and foster economies of scale;"store", in relation to sugar, includes to receive, weigh, handle, remove, or otherwise dispose of, sugar;"sugar terminal" includes the facilities provided or operated by the Authority under section 5 (2);"ton" means metric ton.[S. 2 amended by s. 3 of Act 5 of 2014 w.e.f. 20 August 2014; s. 18 (3) (a) of Act 34 of 2016 w.e.f. 1 January 2017.]Part II – The Authority
3. Establishment of Authority
4. Objects of Authority
The objects of the Authority shall be to—5. Functions of Authority
6. Powers of Authority
The Authority shall have such powers as are necessary to attain its objects and discharge its functions most effectively and may, in particular, subject to this Act—7. Monopoly of Authority
Part III – Administration
A – The Board
8. Board of Directors
9. Meetings of Board
10A. The Advisory Council
10. Powers of Board
11. Chief Executive Officer
12. Other employees
13. Conditions of service of employees
14. Special assignments
15. Powers of Minister
B – Mauritius Sugarcane Industry Research Institute
16. Director of MSIRI
17. Functions and powers of MSIRI
18. Research and Development Committee
C – Control and Arbitration Department
19. Director of Control and Arbitration Department
20. Control and Arbitration Committee
21. Functions and powers of Control and Arbitration Committee
Part IV – Factory areas
22. Variation of boundaries
23. Saving as regards existing contracts
No variation of the boundaries of a factory area shall affect the validity of any cane contract entered into before the variation is effective.24. Delivery of canes to factories
25. Receipt and milling of canes at factories
26. Records to be kept and returns to be furnished
Part V – Cane contracts
27. Cane contract by supplier of canes
28. Provisions relating to cane contracts
Part VI – Milling of canes and manufacture of sugar
29. Permit to operate factories
30. Closing down of factories
31. ***
[S. 31 repealed by s. 8 of Act 5 of 2014 w.e.f. 20 August 2014.]32. Control of weighing machines
33. Control of canes
34. Sucrose content tests
35. Delivery of canes at weighbridge
Every miller or other person responsible for a weighbridge shall accept canes during any time during which the weighbridge is operational.36. Closing down of weighbridge
Where a weighbridge has been receiving less than 500 tons of cane per day for the preceding 3 consecutive crop years, the miller may apply to the Control and Arbitration Committee for closure of the weighbridge.37. Facilities for testing and weighing
38. Supervisory chemists
The Control and Arbitration Committee may authorise a planter to appoint, at his own cost, a professional chemist or an agent to act as observer at the factory to which he delivers his canes at any time when his canes are being tested.39. Planters' and millers' entitlement
40. Transport of canes
Part VII – Arbitration of disputes and appeals
41. Arbitration of disputes
42. Review of determinations
43. Appeals to Supreme Court
Any party who is aggrieved by a decision of the Control and Arbitration Committee under section 41 or 42 may appeal against the decision to the Supreme Court in such manner as may be provided by rules made by the Chief Justice.Part VIII – Financial provisions and accounts
44. Cess on sugar produced
45. Rate of charges
46. General Fund
47. Contribution to Mauritius Sugar Syndicate by distiller-bottler or importer of rum
48. Donations and exemptions
49. Transfer of property and borrowing
50. Estimates
51. Execution of documents
No deed or other document shall be executed or signed by or on behalf of the Authority unless it is signed by—52. Annual report
53. Raising of funds
54. Pledging of debentures
Part IX – Miscellaneous
55. Liability for damage
56. Lien on vessel, vehicle or cargo
57. Limitation of liability
58. Control and management of quays
59. Validity of thumb print or mark
Where a party to—60. Protection from liability
61. Confidentiality
No member, employee, or person appointed as member of the Research and Development Committee, the Control and Arbitration Committee or any other committee set up under this Act shall disclose to any unauthorised person any matter which comes to his knowledge in the performance of his functions.62. Offences
Any person who—63. Regulations
64. ***
65. ***
66. ***
67. ***
History of this document
30 June 2017 this version
Consolidation
19 March 2012
Commenced