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Section 14: Registration of Order

Asset Recovery Act · PART III: CONVICTION-BASED ASSET RECOVERY

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

14. Registration of Order (1) Where a Restraining Order applies to property of a particular kind and an enactment provides for the registration of title to, or charges over, property of that kind, the Registrar-General or other relevant authority shall, on application by the Enforcement Authority, record on the register kept pursuant to that enactment the particulars of the Order. [Issue 5] A23A – 10 Revised Laws of Mauritius (2) Where those particulars are so recorded, a person who subsequently deals with the property shall, for the purposes of section 10 (2), be deemed to have notice of the Order at the time of the dealing. (3) Where those particulars are so recorded, a Judge may, on the application of the Enforcement Authority, direct that the property shall not, without the consent of a Judge— (a) be mortgaged or otherwise burdened; (b) be attached or sold in execution; (c) vest in the liquidator where the estate of the owner of the property is sequestrated; or (d) form part of the assets of a body corporate where that body is the owner of the immovable property and it is wound up. (4) Where the Restraining Order is revoked or varied pursuant to section 12 (1) (a) or (b), the Registrar-General or other relevant authority shall cancel or, as the case may be, amend the particulars recorded in his register in accordance with such order as the Judge may make. [S. 14 amended by s. 9 of Act 24 of 2012 w.e.f. 10 November 2012.]

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