Section 22: Consequential amendments
consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
22. Consequential amendments
(1) The Affidavits of Prescription Act is amended, in section 4 (1) (b), by
deleting the words “by a surveyor” and replacing them by the words “drawn
up by a land surveyor in accordance with the Cadastral Survey Act”.
(Subsec. (1) came into operation on 1 July 2013.)
(2) The Land Acquisition Act is amended, in section 8 (2) (a), by inserting, after the words “or plan”, the words “drawn up by a land surveyor in
accordance with the Cadastral Survey Act,”.
(Subsec. (2) came into operation on 1 July 2013.)
(3) The Land Surveyors Act is amended—
(a) in section 8, by deleting the words “section 15” and replacing
them by the words “section 13 of the Cadastral Survey Act”;
(b) by repealing sections 9 to 18;
(c) in section 19—
(i) in subsection (1), by repealing paragraphs (c) and (d), the
semicolon at the end of paragraph (b) being deleted and replaced by a comma;
(ii) by repealing subsection (2) and replacing it by the following new subsection—
(2) Any land surveyor who contravenes section 5, 6, 7
or 8 shall commit an offence.
(iii) in subsection (3), by deleting the figure “500” and replacing it by the figure “50,000”.
(Subsec. (3) came into operation on 1 July 2013.)
(4) The Morcellement Act is amended—
(a) —
(Para (a) came into operation on 1 January 2013.)
(b) in section 5 (2) (c) (ii), by deleting the words “the Land Surveyors Act” and replacing them by the words “the Cadastral Survey
Act”;
(Para. (b) came into operation on 1 July 2013.)
(c) in section 7 (3), by inserting, after the words “infrastructural
works properly”, the words “and produced a revised morcellement plan incorporating any amendment recommended by the
Board”.
(Para. (4) (c) came into operation on 1 July 2013.)
(5) The Notaries Act is amended—
(a) in section 2—
(i) in the definition of “Treasurer”, by deleting the full stop
and replacing it by a semicolon;
[Issue 7] C1(1) – 14
Revised Laws of Mauritius
(ii) by inserting, in the appropriate alphabetical order, the following new definitions—
“land parcel” has the same meaning as in the Cadastral
Survey Act;
“Parcel Identification Number” has the same meaning as
in the Cadastral Survey Act;
“PIN” means Parcel Identification Number;
“unit” has the same meaning as in the Cadastral Survey
Act.
(b) in section 9, by adding the following new subsection—
(6) Where a transaction witnessed by a deed involves the
sale or lease of a land parcel or unit, the Registrar-General shall
not register the deed unless a PIN has been assigned to the land
parcel or unit.
(c) in section 22—
(i) by numbering the existing provision as subsection (1);
(ii) by adding the following new subsection—
(2) No inscription on a land parcel or unit shall be taken
unless a PIN has been assigned to it.
(Subsec. (5) not in operation.)
(6) The Sale of Immovable Property Act is amended, in section 5 (c), by
inserting, after the words “property seized”, the words “by reference to a
memorandum of survey and a plan drawn up in accordance with the Cadastral Survey Act and annexed to the memorandum of seizure”.
(Subsec. (6) came into operation on 1 July 2013.)
(7) The Succession and Wills Act is amended, in section 39 (2) (b), by
deleting the words “a memorandum and plan with all the formalities prescribed by the Land Surveyors Act” and replacing them by the words “a
memorandum of survey and plan in accordance with the Cadastral Survey
Act”.
(Subsec. (7) came into operation on 1 July 2013.)
(8) The Registration Duty (Site Plan) Regulations 1
dastral Survey Act and annexed to the memorandum of seizure”.
(Subsec. (6) came into operation on 1 July 2013.)
(7) The Succession and Wills Act is amended, in section 39 (2) (b), by
deleting the words “a memorandum and plan with all the formalities prescribed by the Land Surveyors Act” and replacing them by the words “a
memorandum of survey and plan in accordance with the Cadastral Survey
Act”.
(Subsec. (7) came into operation on 1 July 2013.)
(8) The Registration Duty (Site Plan) Regulations 1991 are amended—
(a) in regulation 2—
(i) in the definition of “Land Surveyor”, by deleting the full
stop and replacing it by a semicolon;
(ii) by adding the following new definitions—
“Parcel Identification Number” has the same meaning as
in the Cadastral Survey Act;
“PIN” means Parcel Identification Number.
C1(1) – 15 [Issue 7]
Cadastral Survey Act
(b) in regulation 3—
(i) in paragraph (a), by inserting, after the words “Land Surveyor”, the words “in accordance with the Cadastral Survey Act”;
(ii) by inserting, after paragraph (d), the following new paragraph—
(da) indicate the PIN of the plot of land or unit;
(Subsec. (8) came into operation on 1 July 2013.)
23. —
[Issue 7] C1(1) – 16