Section 18: Award of Board
consolidated text (as at 2013). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
18. Award of Board
(1) At the conclusion of an inquiry under section 17, the Board shall
make an award on the claim for compensation and the Chairperson shall
cause that award to be filed in the Registry.
(1A) Where the Board has been informed of any interim payment made
under section 14 (3), it shall deduct the amount paid from the award.
(2) In case of disagreement among the members of the Board, the decision of the majority of the members shall be the decision of the Board.
(3) Where, with regard to the amount of compensation to be paid, all the
members of the Board differ, the mean between the amount determined by
the Chairperson and the amount determined by the other members which is
nearer the amount determined by the Chairperson shall be the decision of the
Board.
(4) Every award shall state the total compensation to be paid and also
the amounts awarded under different heads of compensation and the
grounds for awarding each of those amounts.
(5) Where a claim for compensation under section 14 (1) specifies the
amount to be paid as compensation, no award shall be made which is in
excess of the amount claimed.
[Issue 5] L3 – 8
Revised Laws of Mauritius
(6) The Board, in awarding compensation, may allow interest at the legal
rate, calculated from the date of vesting under section 11 until the date of
the award of the Board.
(7) (a) The Chairperson shall make such order as to costs as he thinks fit
in all the circumstances of the case.
(b) An order made under paragraph (a) shall be enforced in the same
manner as an order for costs in proceedings before a Judge.
(c) Where the Chairperson orders a party to pay costs to the authorised officer, the authorised officer may deduct the amount so payable from
the amount of any compensation to be paid to that party.
(8) The award shall, within 7 days of filing in the Registry, be notified, in
writing, to the parties by the Master and Registrar and shall, subject to section 24, be conclusive and binding upon them and any person claiming
through them.
[S. 18 amended by s. 4 of Act 9 of 2013 w.e.f. 25 May 2013.]
Ask juris about this section Official source
Questions this section answers
- Can the Board award me more compensation than the amount I actually claimed?
- Can the Board add interest to my compensation award, and from when?
- How soon after the award is filed must I be notified of it?