Section 2:

2. (1) In these regulations— “appointment” means— (a) the conferment of an office of emolument in any Disciplined Force, whether or not subject to subsequent confirmation, upon a person not in such a Disciplined Force; (b) the grant of permanent and pensionable terms of service in any Disciplined Force to a person recruited and serving on contract terms of service or in an unestablished capacity in a pensionable or non-pensionable public office; (c) the engagement, in an office in any Disciplined Force, of a person on contract terms of service for a further period of service on the conclusion of his previous period of engagement on contract terms in the same or another office in such Disciplined Force; (d) the transfer of a member of any Disciplined Force to another office in another Disciplined Force carrying the same salary or salary scale; (e) the appointment of a member of any Disciplined Force to act in any office in such Disciplined Force other than the office to which he is substantively appointed; “Chairperson” means the Chairperson of the Public Service Commission in his capacity of ex officio Chairperson of the Disciplined Forces Service Commission and includes any other person appointed to act temporarily as Chairperson of the Public Service Commission; “Commission” means the Disciplined Forces Service Commission established by section 90 of the Constitution; “Commissioner” means any Commissioner of the Commission and includes the Chairperson and any person appointed to act as a Commissioner under section 90 (3) of the Constitution; “disciplinary control” includes control in so far as it relates to dismissal; “Disciplined Force” means the appropriate Disciplined Force specified and defined in section 111 of the Constitution; “member of a Disciplined Force”— (a) means a holder of an office of emoluments in any Disciplined Force; CON – 119 [Issue 1] The Constitution (b) does not include an employee in the general service; “official document” means any document prepared by any public officer in the course of his employment or any document which comes into the custody of any public officer in the course of such employment; “promotion” means the conferment upon a member of a Disciplined Force of an office in the Force to which is attached a higher salary or salary scale than that attached to the office to which he was last substantively appointed or promoted; “responsible officer” means— (a) in relation to a member of the Police Force, the Commissioner of Police; (b) in relation to the Commissioner of Prisons, the administrative head of the Ministry to which responsibility for the Mauritius Prison Service is assigned; (c) in relation to any other member of the Mauritius Prison Service, the Commissioner of Prisons; (d) in relation to the Controller of Fire Services, the administrative head of the Ministry to which responsibility for the Mauritius Fire Services is assigned; (e) in relation to any other member of the Mauritius Fire Services, the Controller of Fire Services; (f) in relation to a member of the Mauritius Prison Service or of the Mauritius Fire Services appointed to serve in Rodrigues and to whom paragraph (c) or (e) does not apply, the Island Secretary; “salary” means basic salary attached to a public office; “Secretary” means the Secretary to the Commission; “seniority” means the relative seniority of members of a Disciplined Force and, except as may otherwise be provided by the Commission or in these regulations, shal he Controller of Fire Services; (f) in relation to a member of the Mauritius Prison Service or of the Mauritius Fire Services appointed to serve in Rodrigues and to whom paragraph (c) or (e) does not apply, the Island Secretary; “salary” means basic salary attached to a public office; “Secretary” means the Secretary to the Commission; “seniority” means the relative seniority of members of a Disciplined Force and, except as may otherwise be provided by the Commission or in these regulations, shall be determined and shall be regarded as having always been determined as between members of the Disciplined Force of the same rank as follows— (a) by reference to the dates on which they respectively were substantively appointed or promoted to that rank; or (b) in the case of members of any Disciplined Force who were substantively promoted to that rank on the same day, by reference to their seniority on the day immediately preceding that day; (c) in the case of members of any Disciplined Force who were substantively appointed to that rank on the same day, by reference to their respective ages: Provided that when assessing the seniority of a pensionable member of any Disciplined Force, service by himself or any other person in a nonpensionable capacity shall not be taken into account. [Issue 1] CON – 120 Revised Laws of Mauritius (2) Nothing in these regulations empowering a responsible officer or any other person to perform any function or duty or exercise any power vested in the Commission shall preclude the Commission from itself performing that function in any particular case. PART II – GENERAL