Section 2: Interpretation

2. Interpretation (1) In this Act— “authorised officer” means an employee of the Board designated as such by the Executive Director under section 15; C39 – 1 [Issue 9] Construction Industry Development Board Act “Board” means the Construction Industry Development Board established under section 4; “Chairperson” means the Chairperson of the Council appointed under section 8; “civil works” includes any works relating to— (a) a road, a railway, a tramway, an aircraft runway, a canal, a waterway, a harbour, a port or a marina; (b) a line or cable for electricity or telecommunications; (c) a pipeline for water, gas, oil, sewerage or other material; (d) a path, a pavement, a ramp, a tunnel, a slipway, a dam, a well, an aqueduct, a drain, a levee, a seawall or a retaining wall; and (e) any works, apparatus, fittings, machinery or plant associated with any works referred to in paragraph (a); “committee” means a committee appointed by the Council under section 10; “construction industry” means the industry dealing with construction works and construction services; “construction services” includes— (a) the supply of plant and materials for construction works by sale, hire or otherwise; and (b) such other services as may be prescribed; “construction works” includes, whether for a permanent purpose or not, any of the following works— (a) reclaiming of land, draining or preventing subsidence of land, movement or erosion of land; (b) installing, altering, repairing, restoring, maintaining, extending, dismantling, demolishing or removing any works, apparatus, fittings, machinery or plant, associated with any works referred to in paragraph (a); (c) constructing a building or structure, that forms or will form part of land or the sea bed, whether above or below it; (d) fixing or installing any thing to a building or structure, including— (i) fittings for civil works, electricity, gas, water, fuel oil, air sanitation, irrigation, telecommunications, air conditioning, heating, ventilation, fire protection or cleaning; and (ii) lifts, escalators, insulation, furniture and furnishings; (e) altering, repairing, restoring, maintaining, extending, dismantling, demolishing or removing any thing to a building or structure or any fittings as described in paragraph (d); (f) civil works; [Issue 9] C39 – 2 Revised Laws of Mauritius (g) any work that is preparatory to, or necessary for the completion of, any work referred to in paragraphs (a) to (e), including— (i) site or earth works, excavating, earthmoving, tunneling or boring; (ii) laying foundations; (iii) erecting, maintaining or dismantling temporary works, a temporary building or temporary structure, including a crane or other lifting equipment, and scaffolding; (iv) cleaning, painting, decorating or treating any surface; and (v) site restoration and landscaping; (h) such other works as may be prescribed; “consultancy services”— (a) means all aspects of architectural, engineering, quantity surveying, project management and any other services related to construction works; and (b) includes services related to such other fields of specialisation as may be prescribed; “consultant”— (a) means a firm that provides consultancy services in the construction industry; and (b) in relation to sections 23 to 26, includes a foreign consultant; “contractor”— (a) means a person who, or a firm that, carries out construction works in the construction industry; and (b) in relation to sections 23 to 26, includes a foreign contr and any other services related to construction works; and (b) includes services related to such other fields of specialisation as may be prescribed; “consultant”— (a) means a firm that provides consultancy services in the construction industry; and (b) in relation to sections 23 to 26, includes a foreign consultant; “contractor”— (a) means a person who, or a firm that, carries out construction works in the construction industry; and (b) in relation to sections 23 to 26, includes a foreign contractor; “Council” means the Council referred to in section 8; “Executive Director” means the person appointed as such under section 11; “financial year” means the period starting on 1 July and ending on 30 June in the following year; “foreign consultant” means a firm— (a) that provides consultancy services in the construction industry; and (b) the control of which is vested in a person who is a non-citizen, with relevant professional qualifications; “foreign contractor” means— (a) in the case of an individual, a contractor who is a non-citizen and carries out construction works in the construction industry; or (b) a firm, the control of which is vested in a person, who is a noncitizen, that carries out construction works in the construction industry; “General Fund” means the General Fund established under section 31; C39 – 3 [Issue 9] Construction Industry Development Board Act “member”— (a) means a member of the Council; and (b) includes the Chairperson; “Minister” means the Minister to whom responsibility for the subject of public infrastructure is assigned; “non-citizen” has the same meaning as in the Non-Citizens (Property Restriction) Act; “project management” means the planning, supervision and control of a construction project; “Register” means the Register of consultants or Register of contractors, as the case may be, specified in section 18. (2) – (3) — [S. 2 amended by s. 8 (a) of Act 38 of 2011 w.e.f. 2 April 2012; s. 3 of Act 2 of 2015 w.e.f. 26 March 2015; s. 3 of Act 31 of 2016 w.e.f. 1 March 2017.]