Section 2: Interpretation

2. Interpretation Unless the context otherwise requires or unless otherwise expressly provided, in this Act and in every other enactment and public document— (a) “Assembly”, “disciplinary law”, “disciplined force”, “Gazette”, “Island of Mauritius”, “local government officer”, “Parliament”, “public office”, “public officer”, “public service” and “State” have the same meaning as in section 111 of the Constitution; (b) “act”, in relation to an unlawful act, includes an omission; (c) “archipelagic waters”, “continental shelf”, “EEZ”, “historic waters”, “internal waters”, “maritime zone” and “territorial sea” have the same meaning as in the Maritime Zones Act; “Act” means an Act of Parliament and shall be deemed to have always included a Code; “action” does not include criminal proceedings; “agent” includes an employee or unpaid helper; “amend” includes repeal, add to or vary; “Arms of Mauritius” means the armorial ensigns and supporters specified in the Schedule; “attempt”, in relation to an offence, means a commencement of execution which has been suspended or has failed in its effect through circumstances independent of the will of the person making the attempt; “Chairperson”, in relation to a statutory corporation, means the person, by any name called, who is the head of the controlling body; “child” means any unmarried person under the age of 18; “Code” means the “Code Civil Mauricien”, the “Code de Commerce”, the “Code de Procédure Civile” and the Criminal Code; “commencement”, in relation to an enactment, means the date on which the enactment comes into operation; “Constitution” means the Constitution of Mauritius; “contravene” includes fail to comply with; “Curator” means the Curator of Vacant Estates; [Issue 9] I20 – 2 Revised Laws of Mauritius “customs officer” means an officer posted to the Customs and Excise Department; “day” means a calendar day; “district” means a district of the Island of Mauritius as described in the Districts Act; “document” includes any publication, or electronic document, and any matter written, expressed or described on any substance by means of letters, figures or marks; “enactment” includes any Act, regulation, rule, Proclamation, Order, or revised edition in force in Mauritius; “Government mark” means the mark in the shape of a broad arrowhead placed on Government property; “instrument” means Proclamation, scheme, rule, regulation, by-law, Order or warrant, other than an Order or warrant issued by a Court; “Judge” means a Judge of the Supreme Court; “judicial officer” means a person appointed to exercise exclusively judicial functions; “land” includes water; “law officer” has the same meaning as in the Law Officers Act; “local authority” has the same meaning as in the Local Government Act; “Magistrate” means— (a) in relation to the Island of Mauritius, a President, Vice-president or Magistrate of the Intermediate Court or Industrial Court, a Senior District Magistrate or a District Magistrate; and (b) in relation to any other island, the Magistrate for that island; “marginal note” includes the note, side-note or heading indicating the content of a provision of an enactment whether or not it is printed in the margin of the enactment; “Master”, “Registrar” or “Master and Registrar” means the Judge in Bankruptcy and Master and Registrar of the Supreme Court; “Mauritius waters” means the territorial sea, internal waters, archipelagic waters, historic waters, the EEZ of Mauritius, and the water superjacent n to any other island, the Magistrate for that island; “marginal note” includes the note, side-note or heading indicating the content of a provision of an enactment whether or not it is printed in the margin of the enactment; “Master”, “Registrar” or “Master and Registrar” means the Judge in Bankruptcy and Master and Registrar of the Supreme Court; “Mauritius waters” means the territorial sea, internal waters, archipelagic waters, historic waters, the EEZ of Mauritius, and the water superjacent to its continental shelf; “Minister” means the Minister to whom responsibility for the department or subject to which the context refers is assigned; “minor” means any unmarried person under the age of 18; “month” means a calendar month; “offence” means an unlawful act for which a penalty is provided; I20 – 3 [Issue 7] Interpretation and General Clauses Act “office”, in relation to a statutory body, means the principal place of business; “pas géométriques” means the areas of land described as such on plans at present in the possession of the Minister; “person” and words applied to a person or individual shall apply to and include a group of persons, whether corporate or unincorporate; “power” includes any privilege, authority or discretion; “prescribed” means prescribed in an enactment; “private Act” means an Act of Parliament passed in accordance with the Standing Orders and Rules of the Assembly relating to a private Bill; “Proclamation” means a Proclamation of the President; “property”— (a) means any kind of property, whether movable or immovable, active or passive, animate or inanimate; and (b) includes every obligation and every description of interest and profit, present or future, vested or contingent, arising out of or incident to property; “public Act” means an Act of Parliament passed in accordance with the Standing Orders and Rules of the Assembly relating to a Bill other than a private Bill; “public holiday” means a day described as such in the Public Holidays Act; “public notice” means a notice published in the Gazette; “quarter” means— (a) 1 January to 31 March; (b) 1 April to 30 June; (c) 1 July to 30 September; or (d) 1 October to 31 December; “reform institution” includes any prison, correctional youth centre or rehabilitation youth centre; “Registry” means the Registry of the Supreme Court; “repeal” includes rescind, revoke or cancel; “revenue law” means any enactment imposing a tax or duty payable to Government; “revised edition” has the same meaning as in the Revision of Laws Act; “rights of a natural person” means the rights that may be exercised and the liabilities that may be incurred by an individual of full age and capacity; “Rodrigues” includes the islands adjacent to the coast of Rodrigues; [Issue 7] I20 – 4 Revised Laws of Mauritius “Seal of Mauritius” means a seal of Government bearing the Arms of Mauritius; “sell”, in relation to an offence, includes expose, keep or offer for sale; “standard time” means the solar time of longitude 60 degrees east of Greenwich; “State land” means land belonging to or in the possession of the State; “State of Mauritius” or “Mauritius” includes— (a) the Island of Mauritius, Rodrigues, Agaléga, Tromelin, Cargados Carajos and the Chagos Archipelago, including Diégo Garcia, and any other island comprised in the State of Mauritius; (b) the territorial sea and the air space above the territorial sea; (c) the continental shelf; and (d) such places or areas as may be designated by public notic tude 60 degrees east of Greenwich; “State land” means land belonging to or in the possession of the State; “State of Mauritius” or “Mauritius” includes— (a) the Island of Mauritius, Rodrigues, Agaléga, Tromelin, Cargados Carajos and the Chagos Archipelago, including Diégo Garcia, and any other island comprised in the State of Mauritius; (b) the territorial sea and the air space above the territorial sea; (c) the continental shelf; and (d) such places or areas as may be designated by public notice by the Prime Minister, rights over which are or may become exercisable by Government; “statutory corporation” means a body incorporated by an Act; “subsidiary enactment” means any enactment other than an Act; “word” includes any abbreviation, figure, punctuation mark, sign or symbol; “writing” and expressions referring to writing includes printing, lithography, photography, typewriting, and any other mode of representing or producing words in a visible form; “year” means a calendar year. [S. 2 amended by Act 4 of 1982 w.e.f. 13 July 1974; s. 23 (2) of Act 48 of 1991 w.e.f. 12 March 1992; s. 12 (a) of Act 29 of 1992 w.e.f. 25 July 1992; s. 11 of Act 15 of 1998 w.e.f. 22 August 1998; s. 30 (3) of Act 2 of 2005 w.e.f. 1 April 2005; s. 8 of Act 4 of 2011 w.e.f. 30 April 2011; s. 165 (8) of Act 36 of 2011 w.e.f. 15 December 2011; s. 30 of Act 9 of 2015 w.e.f. 2 July 2015.]