Section 20: Provisional or temporary registration of foreign consultant or foreign
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
20. Provisional or temporary registration of foreign consultant or foreign
contractor
(1) No foreign consultant or foreign contractor shall provide consultancy
services or carry out construction works in Mauritius, as the case may be,
unless he or it is temporarily registered under this Act.
(2) (a) A foreign consultant or foreign contractor that or who intends to
provide consultancy services or carry out construction works in Mauritius in
respect of a project shall—
(i) before bidding for the project, apply, subject to subsection (5),
for provisional registration in such form and manner as the
Council may approve; or
(ii) where he is awarded a contract for the project, apply for temporary registration in such form and manner as the Council may
approve.
(b) An applicant shall pay such non-refundable processing fee as
may be prescribed.
(3) After considering an application under subsection (2), the Council
may grant the application and shall issue to the applicant—
(a) a certificate of provisional registration; or
(b) a certificate of temporary registration,
as the case may be, subject to the payment of such fee as may be prescribed and on such terms and conditions as it may determine.
(4) (a) A certificate of provisional registration shall be valid for a period
of one year.
(b) A certificate of temporary registration shall lapse on completion of
the contract or on the earlier determination of the contract.
(5) Notwithstanding subsection (2) (a) (i), where a foreign consultant or
foreign contractor has been issued with a certificate of provisional registration for a project, that consultant or contractor shall, in relation to another
project, not apply for another certificate of provisional registration if the certificate he holds qualifies him to bid for that other project.
(6) A foreign consultant or foreign contractor who holds a provisional
registration which does not qualify him to bid for another project may apply
for another provisional registration in the field of specialisation or class of
works or grade or area of specialisation required for that project.
(7) (a) This section shall not apply to a—
(i) foreign consultant—
(A) who has been providing consultancy services in the
construction industry during the 10 years preceding
1 March 2017; and
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Construction Industry Development Board Act
(B) where at least two thirds, or such other percentage
as may be prescribed, of the total number of its
employees are citizens of Mauritius; or
(ii) foreign contractor—
(A) who has been carrying construction works in the construction industry during the 20 years preceding
1 March 2018; and
(B) where at least two thirds, or such other percentage
as may be prescribed, of the total number of its or his
employees are as citizens of Mauritius.
(b) A foreign consultant or contractor referred to in paragraph (a)
shall, for the purpose of registration, make an application under section 19.
[S. 20 repealed and replaced by s. 8 (c) of Act 38 of 2011 w.e.f. 2 April 2012; amended by s.
8 of Act 27 of 2013 w.e.f. 21 December 2013; s. 8 of Act 31 of 2016 w.e.f. 1 March 2017.]
(S. 20 came into operation on 1 August 2014.)