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Section 49: Injunctive relief and locus

Financial Services Act · PART VIII: POWERS OF COMMISSION

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

49. Injunctive relief and locus (1) The Commission may apply to the Judge in Chambers or to any other Court of competent jurisdiction for an order in respect of any matter relating to its functions under section 6. (2) Without prejudice to subsection (1), an order under that subsection may direct the person to do a specified act or refrain from doing a specified act, for the purposes of— (a) preventing a contravention of the relevant Acts; (b) compelling any person to comply with a lawful request, direction or instruction made, issued or given by the Commission under the relevant Acts; (c) remedying the effects of a contravention; (d) preserving the assets of a licensee; (e) compensating persons who have suffered loss because of a contravention; or (f) ensuring that the person does not commit further contraventions of the relevant Acts. (3) The Commission shall not be required, as a condition of the making of an interim order under this section, to give an undertaking as to damages. [Issue 6] F10 – 32 Revised Laws of Mauritius (4) The power of the Judge in Chambers under this section may be exercised whether or not the person has previously engaged, intends to engage or continue to engage in doing or refraining from doing any of the specified acts relating to the purposes referred to in subsection (2). (5) Without prejudice to this section, the Commission may— (a) institute and conduct proceedings in any Court against any licensee for the proper application of this Act; (b) ask for and obtain declaratory orders from the Supreme Court; (c) seek guidance and directions from the Supreme Court on any point of law or as to the interpretation of any provision of this Act; (d) intervene in any proceedings in which a licensee is a party.

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