Section 23: Transitional provisions

23. Transitional provisions (1) Any complaint relating to seizure of immovable property under the Sale of Immovable Property Act made to the police between 30 August 2006 and 31 December 2006 shall be referred to the Commissioner. (2) Where any other person, who has, before the commencement of this Act, entered into an agreement— (a) to which this Act would have applied had it been made after the commencement of this Act; and (b) in respect of which the obligation to repay the debt is outstanding on or after the commencement of this Act, considers that the terms of the agreement are extortionate, he may make a written complaint to the Commissioner, giving all the relevant information and documents. [Issue 1] B11 – 12 Revised Laws of Mauritius (3) Subject to subsection (4), where a complaint is referred to the Commissioner pursuant to subsection (1) or is made under subsection (2), the Commissioner may— (a) enquire into the complaint; and (b) hold a conciliation sitting between the parties, draw up any scheme or arrangement that may be agreed upon and where such scheme or arrangement has been agreed upon, determine that the implementation of such scheme or arrangement be subject to his supervision. (4) Section 4 shall not apply to a complaint referred to the Commissioner pursuant to subsection (1). (5) Where no scheme or arrangement under subsection (3) (b) has been agreed upon and the Commissioner is of opinion that if this Act would have applied had the agreement been made after 7 March 2007, the terms and conditions thereof would have been extortionate, he may make a declaration to that effect and recommend that the parties act accordingly. (6) No party to an agreement to which a complaint under subsection (1) or (2) relates shall exercise any right under that agreement prior to the course of action under subsection (3) having been completed. (7) A borrower shall, notwithstanding sections 4 (b) and 7 of the Legal Aid and Legal Assistance Act, be entitled to legal aid, where a conciliation sitting is held in accordance with subsection (3) (b). 24. – 25. — FIRST SCHEDULE [Sections 2 and 4] MAXIMUM SUM UNDER A CREDIT AGREEMENT 3 million rupees [First Sch. amended by GN 216 of 2016 w.e.f. 29 October 2016.] SECOND SCHEDULE [Section 2] A bank under the Banking Act, except for its loans under the Housing Empowerment Scheme approved by the Minister and for its leasing activities Development Bank of Mauritius Ltd Employees’ Welfare Fund An insurance company under the Insurance Act Mauritius Civil Service Mutual Aid Association B11 – 13 [Issue 9] Borrower Protection Act Mauritius Housing Company Ltd, except for its loans for the financing of the construction of housing units by a housing development trust or any other nonprofit vehicle under the Finance and Audit (National Habitat Fund) Regulations National Housing Development Company Ltd [Second Sch. amended by GN 58 of 2007 w.e.f. 26 April 2007; GN 67 of 2010 w.e.f. 6 March 2010; GN 53 of 2014 w.e.f. 27 March 2014.] THIRD SCHEDULE [Section 3 (3)] OATH I ............................................................................................................. , do swear/solemnly affirm/declare that I will well and truly serve the Republic of Mauritius in the Office of the Commissioner for the Protection of Borrowers under the Borrower Protection Act and I will do right to all people according to law, without fear or favour, affection or ill will. (So help me God). .......................... 7 March 2014.] THIRD SCHEDULE [Section 3 (3)] OATH I ............................................................................................................. , do swear/solemnly affirm/declare that I will well and truly serve the Republic of Mauritius in the Office of the Commissioner for the Protection of Borrowers under the Borrower Protection Act and I will do right to all people according to law, without fear or favour, affection or ill will. (So help me God). ...................................................... ...................................................... Date Signature [Issue 9] B11 – 14