Section 42: Determination of Tribunal
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.
42. Determination of Tribunal
(1) For the purpose of hearing and determining any cause or matter under
this Act, the Tribunal shall be constituted of the Chairperson or Deputy
Chairperson and at least any 2 of its members.
(2) Where the Tribunal is unable to reach a decision by unanimity, the
Tribunal shall proceed to give its determination by a majority.
(3) A member of the Tribunal who has a direct interest in any cause or
matter which is the subject of proceedings before the Tribunal shall not take
part in those proceedings.
(4) Subject to section 43, a decision or finding of the Tribunal on any
cause or matter before it shall be final and binding on the parties.
(5) On hearing an appeal, the Tribunal may confirm, amend, vary or cancel any decision referred to in section 24.
(6) Where a decision is confirmed or amended, the Tribunal shall specify
the delay within which it shall be complied with.
(7) Any person who fails to comply with a decision confirmed or
amended by the Tribunal, shall commit an offence.
(8) (a) The Tribunal may make such order as to costs as may be
prescribed.
(b) An order made under paragraph (a) shall be enforced in the same
manner as an order for costs in proceedings before a Magistrate.
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Revised Laws of Mauritius
(9) Proceedings before the Tribunal shall be exempt from registration
dues.
(S. 42 came into operation on 1 December 2003.)
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Questions this section answers
- Can the Tribunal decide my appeal by majority if it cannot reach unanimous agreement?