Section 316: Disclaimer of property by State

316. Disclaimer of property by State (1) The Curator of Vacant Estates may, by notice in writing, disclaim the State’s title to property vesting in the manner specified in under section 315, where the property is onerous property within the meaning of section 286 of the Companies Act 1984. (2) The Curator of Vacant Estates shall forthwith give public notice in 2 daily newspapers in wide circulation in Mauritius of the disclaimer. (3) Any property which is disclaimed under this section shall be deemed not to have vested in the manner specified in under section 315. [Issue 9] C35 – 188 Revised Laws of Mauritius (4) Subsections (2) to (8) of section 286 of the Companies Act 1984 shall apply to any property that is disclaimed under this section as if the property had been disclaimed under that section immediately before the company was removed from the register of companies. (5) Subject to any order of the Court, the Curator of Vacant Estates shall not be entitled to disclaim property unless— (a) the property is disclaimed within 12 months of the date on which the vesting of the property first comes to the notice of the Curator of Vacant Estates; or (b) where a person gives notice in writing to the Curator of Vacant Estates requiring him to elect, before the close of such date as is stated in the notice, not being a date that is less than 60 days after the date on which the notice is received by the Curator of Vacant Estates, whether to disclaim the property, the property shall be disclaimed before the close of that date, whichever occurs first. (6) A statement in a notice disclaiming any property under this section that the vesting of the property first came to the notice of the Curator of Vacant Estates on a specified date shall, in the absence of proof to the contrary, be evidence of the fact stated. [S. 316 amended by s. 9 (j) of Act 18 of 2016 w.e.f. 7 September 2016.]