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Section 111: Interpretation

Constitution · CHAPTER XI: MISCELLANEOUS

consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

111. Interpretation (1) In this Constitution— “Assembly” means the National Assembly established by this Constitution; “Commonwealth” means Mauritius and any country to which section 25 of this Constitution for the time being applies and includes the dependencies of any such country; “Court of Appeal” means the Court of Civil Appeal or the Court of Criminal Appeal; “disciplinary law” means a law regulating the discipline— (a) of any disciplined force; or (b) of persons serving prison sentences; “disciplined force” means— (a) a naval, military or air force; (b) the Police Force; (c) a fire service established by any law in force in Mauritius; or (d) the Mauritius Prison Service; “financial year” means the period of 12 months ending on 30 June in any year or such other day as may be prescribed by Parliament; “Gazette” means the Government Gazette of Mauritius; “Government” means the Government of the Republic of Mauritius; “Island of Mauritius” includes the small islands adjacent to the Island of Mauritius; “Judicial Committee” means the Judicial Committee of the Privy Council established by the Judicial Committee Act 1833 of the United Kingdom as from time to time amended by any Act of Parliament of the United Kingdom; CON – 79 [Issue 4] The Constitution “local authority” means— (a) the Municipal Council of any city or town; (b) the District Council of any district; (c) the Village Council of any village; or (d) any new local authority created under any enactment; “local government officer” means a person holding or acting in any office of emolument in the service of a local authority but does not include a person holding or acting in the office of Lord Mayor, Mayor, Chairperson, or other member of a local authority or standing Counsel or attorney of a local authority; “Mauritius” includes— (a) the Islands of Mauritius, Rodrigues, Agalega, Tromelin, Cargados Carajos and the Chagos Archipelago, including Diego Garcia and any other island comprised in the State of Mauritius; (b) the territorial sea and the air space above the territorial sea and the islands specified in paragraph (a); (c) the continental shelf; and (d) such places or areas as may be designated by regulations made by the Prime Minister, rights over which are or may become exercisable by Mauritius; “oath” includes affirmation; “oath of allegiance” means the oath of allegiance prescribed in the Third Schedule; “Parliament” means the Parliament established by this Constitution; “Police Force” means the Mauritius Police Force and includes any other police force established in accordance with such provision as may be prescribed by Parliament; “prescribed” means prescribed in a law: Provided that— (a) in relation to anything that may be prescribed only by Parliament, it means prescribed in any Act of Parliament; and (b) in relation to anything that may be prescribed only by some other specified person or authority, it means prescribed in an Order made by that other person or authority; “President” means the President of the Republic of Mauritius; “public office” means, subject to section 112, an office of emolument in the public service; “public officer” means the holder of any public office and includes a person appointed to act in any public office; “public service” means the service of the State in a civil capacity in respect of the Government of Mauritius; [Issue 4] CON – 80 Revised Laws of Mauritius “Rodrigues” means the Island of Rodrigues; “session” means the sittings of t esident” means the President of the Republic of Mauritius; “public office” means, subject to section 112, an office of emolument in the public service; “public officer” means the holder of any public office and includes a person appointed to act in any public office; “public service” means the service of the State in a civil capacity in respect of the Government of Mauritius; [Issue 4] CON – 80 Revised Laws of Mauritius “Rodrigues” means the Island of Rodrigues; “session” means the sittings of the Assembly commencing when Parliament first meets after any general election or its prorogation at any time and terminating when Parliament is prorogued or is dissolved without having been prorogued; “sitting” means a period during which the Assembly is sitting continuously without adjournment, and includes any period during which the Assembly is in committee; “State” means the Republic of Mauritius; “subordinate Court” means any Court of law subordinate to the Supreme Court but does not include a Court martial; “Vice-President” means the Vice-President of the Republic of Mauritius. (2) Except as otherwise provided in this Constitution, the Interpretation Act 1889* shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution and otherwise in relation to it as it applies for the purpose of interpreting and in relation to Acts of the Parliament of the United Kingdom. [S. 111 amended by Act 2 of 1982; Act 48 of 1991; s. 22 of Act 4 of 2008 w.e.f. 1 July 2008; s. 6 of Act 1 of 2009 w.e.f. 1 July 2009; s. 3 of Act 35 of 2011 w.e.f. 12 December 2011.]

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