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Section 39: Recovery of compensation

Equal Opportunities Act · PART VII: EQUAL OPPORTUNITIES TRIBUNAL

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

39. Recovery of compensation (1) On the expiry of the time fixed for compliance with an order for the payment of compensation under section 35 (1) (c) (ii) or section 35 (3), the amount shall become due and payable and shall be recoverable as a civil debt by the person for whose benefits the order was made. (2) For the purpose of recovering the payment of compensation ordered by the Tribunal, the Secretary of the Tribunal shall, on expiry of the delay for lodging an appeal under section 41, or on determination of any appeal made under that section, issue a certificate stating that the amount specified is due and payable by the person specified under the order of the Tribunal or judgment on appeal, and forward such certificate to a Magistrate of the District Court of Port Louis. (3) The Clerk of the District Court of Port Louis shall file the certificate forwarded under subsection (2) and the order shall, as from the date of filing, be of the same force and effect, and proceedings may be taken thereon and the order enforced in conformity with Part III of the District and Intermediate Courts (Civil Jurisdiction) Act, as if it had been a judgment obtained in the District Court. (4) The District Court shall have the same control and jurisdiction over the order as it has over the judgments given by itself insofar as it relates to execution. (5) All fees, charges and costs payable in relation to an order of the Tribunal under this section shall be recoverable in the same manner as if such fees, charges and costs for charges were compensation payable under this section. E13A – 27 [Issue 4] Equal Opportunities Act

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