Section 51: Transitional provisions

51. Transitional provisions (1) A deed referred to in paragraphs (h) and (i) of the definition of “deed of transfer” is deemed not to be included in that definition where the deed is in respect of a société civile immobilière d’attribution duly registered prior to 26 August 2004 and holding a building permit under the Building Control Act relating to the construction for which the société has been constituted and which was issued prior to that date. (2) — (3) (a) Notwithstanding any provision of this Act, where duty and taxes determined in accordance with section 28 and penalty claimed thereon under section 35 have remained unpaid as at 23 March 2015, the penalty shall be waived, provided that— (i) the duty and taxes are paid not later than 31 January 2016; and (ii) at the time of payment, the person withdraws any objection before the Registrar-General, any representations before the Assessment Review Committee under the Mauritius Revenue Authority Act or any appeal before the Supreme Court in relation to the payment of the duty and taxes. (b) Paragraph (a) shall not apply to any person— (i) who is convicted on or after 1 July 2003 of an offence relating to; (ii) against whom any civil or criminal proceedings are pending or contemplated in relation to an act of; or (iii) in relation to whom an enquiry is being conducted into an act of, trafficking of dangerous drugs, arms trafficking, or an offence related to terrorism under the Prevention of Terrorism Act, money laundering under the Financial Intelligence and Anti-Money Laundering Act or corruption under the Prevention of Corruption Act. (4) Subject to this Act and the Registration Duty Act, section 4 (1) (i) of this Act and item 16 of the Second Schedule to the Registration Duty Act shall not apply to a transfer of part sociale in a société, which gives right of ownership, occupation or usage in an immovable property or any part thereof, where the deed is in respect of a société civile immobilière d'attribution duly registered before 23 December 2012, provided that the deed of transfer is presented for registration under the Registration Duty Act during the years 2014 to 2016. [S. 51 inserted by s. 21 (b) of Act 14 of 2005 w.e.f. 21 April 2005; amended by s. 19 (u) of Act 15 of 2006 w.e.f. 7 August 2006; s. 11 (c) of Act 26 of 2013 w.e.f. 21 December 2013; s. 32 (f) of Act 9 of 2015 w.e.f. 14 May 2015.] 52. — [Issue 9] L4 – 26 (4) Revised Laws of Mauritius FIRST SCHEDULE [Section 4 (1)] Value: N x I C Where— (a) “N” is the nominal value of the share transferred; (b) “I” is the value of all the freehold or leasehold immovable properties comprised directly in the assets of the partnership or to which the partnership is entitled by the effect of the constitution of any successive partnership; and (c) “C” is the capital of the partnership after deducting therefrom any capital brought to it by the transferee during the period of 3 years immediately preceding the date of the transfer. [First Sch. amended by s. 12 (j) of Act 28 of 2004 w.e.f. 26 August 2004.] SECOND SCHEDULE [Section 4 (4)] PART A – TRANSFER OF IMMOVABLE PROPERTY Rate (1) Transfer at a nominal price of one rupee to an “association 50 rupees in respect syndicale” set up in accordance with articles 664-95 and of every lot in the 664- 96 of the Code Civil Mauricien, in respect of an area morcellement occupied by common amenities in a Morcellement (2) Transfer other than under paragraph (1) 5 per cent PART B – TRANSFER OF SHARES nded by s. 12 (j) of Act 28 of 2004 w.e.f. 26 August 2004.] SECOND SCHEDULE [Section 4 (4)] PART A – TRANSFER OF IMMOVABLE PROPERTY Rate (1) Transfer at a nominal price of one rupee to an “association 50 rupees in respect syndicale” set up in accordance with articles 664-95 and of every lot in the 664- 96 of the Code Civil Mauricien, in respect of an area morcellement occupied by common amenities in a Morcellement (2) Transfer other than under paragraph (1) 5 per cent PART B – TRANSFER OF SHARES Rate Deed witnessing the transfer of shares in a company 5 per cent PART C – TRANSFER OR ISSUE OF SHARES OR TRANSFER OF PART SOCIALE Rate (1) Issue of shares by a company or transfer of part sociale 5 per cent in a société which gives right of ownership, occupation or usage in an immovable property or any part thereof (2) Transfer of shares in a company or transfer of part so- 5 per cent ciale in a société which gives right of ownership, occupation or usage in an immovable property or any part thereof [Second Sch. amended by s. 12 (d) of Act 18 of 2003 w.e.f. 21 July 2003; repealed and replaced by s. 18 (e) of Act 18 of 2008 w.e.f. 19 July 2008; amended by s. 24 (d) of Act 14 of 2009 w.e.f. 30 July 2009; repealed and replaced by s. 10 (c) of Act 10 of 2010 w.e.f. 4 January 2011; amended by GN 149 of 2011 w.e.f. 1 January 2011, 4 August 2011; s. 14 (f) of Act 26 of 2012 w.e.f. 22 December 2012; repealed and replaced by s. 11 (d) of Act 26 of 2013 w.e.f. 1 January 2014.] L4 – 26 (5) [Issue 9] Land (Duties and Taxes) Act THIRD SCHEDULE — [Third Sch. amended by s. 12 (d) of Act 18 of 2003 w.e.f. 21 July 2003; repealed by s. 19 (v) of Act 15 of 2006 w.e.f. 7 August 2006.] FOURTH SCHEDULE — [Fourth Sch. repealed by s. 12 (3) (b) of Act 28 of 1990 w.e.f. 3 September 1990.] continued on page L4 – 27 [Issue 9] L4 – 26 (6) Revised Laws of Mauritius L4 – 27 [Issue 1] ELUDEHCS HTFIF ])1( noitceS[ I TRAP E D C B A -dnuob nrehtuos morF eiaR aL esnA morF yradnuob eht morF .1 ot zeluoaF nissaB fo yra -htuos ot pmaC htuoY xua uorT gnitarapes ud erèiviR fo htuoM nissaB fo yradnuob nre hcaeB cilbuP sehciB trapmeR zeluoaF -neG rednu deralced fo ecitoN lare -htuos eht dna 0491 xua uorT fo timil nre gnidnaL hsiF sehciB aL esnA ot noitatS pmaC htuoY eiaR fo htuoM eht morF qcalF ed etnioP morF .2 ot trapmeR ud erèiviR -emiL ot yretemeC -emeC qcalF ed etnioP uaE’d uorT nlik yret ecuoD erèiviR fo htuoM morF erèiviR fo htuoM morF uorT nlikemiL morF emôréJ etnioP morF .3 fo htuoM ot ehcèS emôréJ etP ot xuahC aL htuoM ot ecuoD uaE’d -bup ot pmaC htuoY xuahC aL erèiviR pmaC htuoY ehcèS erèiviR fo -maC aL ta hcaeb cil rednu deralced esub ecitoN lareneG 6991 fo aL ta hcaeb cilbup morF erèiviR fo htuoM morF erèiviR fo htuoM morF .4 -nu deralced esubmaC ot sessergéN sed niaB nitraM tS ot setataP ecitoN lareneG red erèiviR fo htuoM yretemeC htuoM ot fo setataP sed niaB erèiviR fo sessergéN Land (Duties and Taxes) Act [Issue 1] L4 – 28 deunitnoc—I TRAP E D C B A -emeC nitraM tS morF -apes yradnuob eht morF noitcesretnI morF .5 .G.P noitcesretnI ot yret etis lairtsudni eht gnitar erusarbmE’l .G.P kcalB htiw erusarbmE’l taht dna letoh sa desael -aS reviR kcalB htiw tsaoC ennavaS reviR eL .G.P ta esruoc flog fo daoR tsaoC ennav )9B( daoR -araB ot tnabarB enroM yradnuob eht ot )9B( senilaS sel siohc -sudni eht gnitarapes sa desael etis lairt flog fo taht dna letoh eL .G.P ta esruoc tnabarB enroM teluviR fo htuoM morF ta hcaeB cilbuP morF yradnuob nrehtron morF sel siohcaraB morF .6 eh radnuob eht morF noitcesretnI morF .5 .G.P noitcesretnI ot yret etis lairtsudni eht gnitar erusarbmE’l .G.P kcalB htiw erusarbmE’l taht dna letoh sa desael -aS reviR kcalB htiw tsaoC ennavaS reviR eL .G.P ta esruoc flog fo daoR tsaoC ennav )9B( daoR -araB ot tnabarB enroM yradnuob eht ot )9B( senilaS sel siohc -sudni eht gnitarapes sa desael etis lairt flog fo taht dna letoh eL .G.P ta esruoc tnabarB enroM teluviR fo htuoM morF ta hcaeB cilbuP morF yradnuob nrehtron morF sel siohcaraB morF .6 eht ot eguoR erreT deralced risialP noM .G.P annA .G.P fo traP fo nrehtron ot senilaS fo htuos gniyl yradnuob ecitoN lareneG rednu tnemepmac a sa desael fo traP fo yradnuob -sid a ta ,selgiA sed euR htuoM ot 1991 fo -htuos sti sa gnivah etis sa desael annA .G.P sertem fo ecnat htroN reviR dnarG fo cilbuP yradnuob nre etis tnemepmac a gnola htuos derusaem tseW -ed annA .G.P hcaeB -htuos sti sa gnivah dR uaebmoT ud eiaB -oN lareneG rednu deralc cilbuP yradnuob nre )92B( ot fo ecit -ed annA .G.P hcaeB .G.P ta hcaeB cilbuP lareneG rednu deralc -nu deralced risialP noM fo ecitoN ecitoN lareneG red fo gniyl yradnuob eht morF -opaJ fo noitcnuJ morF .7 ,selgiA sed euR fo htuos xua etP htiw dR sian -em fo ecnatsid a ta ysiohC noM stnemiP htuos derusaem sert eht ot daoR tsaoC uaebmoT ud eiaB gnola gnitarapes yradnuob fo noitcnuJ ot )92B( dR cilbuP sehciB xua uorT etP htiw daoR sianopaJ rednu deralced hcaeB ysiohC noM stnemiP xua fo ecitoN lareneG daoR tsaoC nrehtuos eht dna sehciB xua uorT fo timil noitatS gnidnaL hsiF ].7002 fo NG yb decalper dna delaeper ;7891 fo NG ;5891 fo NG yb dednema I traP[ Revised Laws of Mauritius PART II Rate of Tax Zone 6 rupees per square metre ...................................................................A 5 rupees per square metre ...................................................................B 4 rupees per square metre ...................................................................C 3 rupees per square metre ...................................................................D 2 rupees per square metre ...................................................................E [Part II repealed and replaced by s. 5 of Act 4 of 1986 w.e.f 1 July 1986; s. 11 (k) of Act 18 of 1999 w.e.f. 1 July 1999.] PART III [Section 13] Rate of campement tax .............................................................0.5 per cent [Part III inserted by s. 17 (k) of Act 20 of 2002 w.e.f. 1 July 2002.] PART IV [Sections 12 and 15] Amount ............................................................................... 5 million rupees [Part IV amended by s. 17 (k) of Act 20 of 2002 w.e.f. 1 July 2002.] SIXTH SCHEDULE — [Sixth Sch. repealed and replaced by s. 5 (j) of Act 9 of 1997 w.e.f. 1 July 1997; repealed by s. 19 (v) of Act 15 of 2006 w.e.f. 7 August 2006.] SEVENTH SCHEDULE [Section 26A (1)] Rate of tax .............................................................................. 20 per cent [Seventh Sch. added by s. 5 (k) of Act 9 of 1997 w.e.f. 1 July 1997.] EIGHTH SCHEDULE [Section 45A (3)] Part or Parts providing for exemption from Deed of transfer— duty or taxes (a) witnessing the transfer of property for consideration or by way of donation— (i) by an ascendant on the one hand to a descend- Part II, Part III and ant or the latter’s spouse or surviving spouse on Part VIA the other hand; (ii) — L4 – 29 [Issue 9] Land (Duties and Taxes) Act EIGHTH SCHEDULE—continued (iii) to a charitable trust under the Trusts Act; Part II, Part III . 1 July 1997.] EIGHTH SCHEDULE [Section 45A (3)] Part or Parts providing for exemption from Deed of transfer— duty or taxes (a) witnessing the transfer of property for consideration or by way of donation— (i) by an ascendant on the one hand to a descend- Part II, Part III and ant or the latter’s spouse or surviving spouse on Part VIA the other hand; (ii) — L4 – 29 [Issue 9] Land (Duties and Taxes) Act EIGHTH SCHEDULE—continued (iii) to a charitable trust under the Trusts Act; Part II, Part III and Part VIA (iv) between the heirs of a deceased person of prop- Part II, Part III and erty acquired by inheritance from that person; or Part VIA (v) between the heirs of a deceased person of prop- Part II, Part III and erty acquired by inheritance and acquisition, from Part VIA other heirs, of undivided rights of the property from that person; (b) witnessing the transfer of property between spouses; Part II, Part III and Part VIA (c) where the transfer is made to a company, provided Part II, Part III and that the transferor holds shares in the company equiva- Part VIA lent to at least the value of the land transferred; (ca) where the consideration for which a share is issued Part II, Part III and takes the form of real property under section 56 (2) of Part VIA the Companies Act, provided that the consideration is equivalent to at least the value of the real property; (d) witnessing that property brought by way of an apport Part II and Part III by a partner in a partnership either prior to its constitution and registration or thereafter is, on dissolution of the partnership or in any other manner, attributed to any person other than the one who brought that property into the partnership, if the person has, at the time of joining the partnership, paid taxes under this Act and proportional duty under the Registration Duty Act; or where a deed by which a partner withdraws (se désin- Part II and Part III téresse) from a partnership owning property, or entitled to property either directly or indirectly by the constitution of successive partnerships, which another partner previously joined, if the partner who previously joined the partnership— (i) has, at the time of joining the partnership, paid taxes under this Act and proportional duty under the Registration Duty Act; and (ii) pays taxes under this Act and proportional duty under the Registration Duty Act on the value of his withdrawal from the partnership; (e) where the transfer is made— (i) to the Government of Mauritius; Part III (ia) to a public enterprise referred to in the Public Debt Part II and Part III Management Act, as the Minister may approve; (ii) to diplomatic missions; Part II (iii) by diplomatic missions; Part III (iv) to local authorities; Part II (iva) to local authorities in respect of green space or Part III social amenities at a nominal price of one rupee; (v) by local authorities; Part III [Issue 9] L4 – 30 Revised Laws of Mauritius EIGHTH SCHEDULE—continued (vi) by National Housing Development Company Ltd; Part III and Part VIA (vii) by National Housing Development Company Ltd Part II, Part III and and the immovable property is subsequently ac- Part VIA quired by the Company; (viii) to Lois Lagesse Foundation; Part II (ix) by a lessee in respect of his leasehold rights in Part VIA State land and on which stands a house constructed by the National Housing Development Company; (x) to the National Pensions Fund in respect of Part II shares; (xi) by the National Pensions Fund in elopment Company Ltd; Part III and Part VIA (vii) by National Housing Development Company Ltd Part II, Part III and and the immovable property is subsequently ac- Part VIA quired by the Company; (viii) to Lois Lagesse Foundation; Part II (ix) by a lessee in respect of his leasehold rights in Part VIA State land and on which stands a house constructed by the National Housing Development Company; (x) to the National Pensions Fund in respect of Part II shares; (xi) by the National Pensions Fund in respect of Part III shares; (xii) in relation to the land of an extent exceeding Part II and Part III 21.1044 hectares (50 arpents)— (A) by a specific entity under the Sugar Industry Efficiency Act; or (B) between a specified entity entity under the Sugar Industry Efficiency Act and the State Investment Corporation Ltd. (f) witnessing the transfer of assets or shares between Part II, Part III and companies forming part of a group of companies as de- Part VIA fined in the Companies Act; (fa) witnessing the transfer of shares in a manufacturing Part II, Part III and company where the transferor is a company incorpo- Part VIA rated outside Mauritius and the transfer is effected to its subsidiary whether incorporated in Mauritius or abroad; (g) witnessing the transfer of shares, where the transfer Part II, Part III and takes place between companies having the same Part VIA shareholders for the sole purpose of achieving a merger; (h) witnessing the transfer of undertaking by a partnership Part II, Part III and or société to a company where the partners or the as- Part VIA sociates of the partnership or société and the shareholders of the company are the same persons; (i) witnessing the transfer by Business Parks of Mauritius Part II and Part III Limited of the apartments and houses erected in 2003 at Ebène; (j) witnessing the transfer of shares or property, where— Part II, Part III and Part VIA (i) a manufacturing company takes over another manufacturing company; or (ii) 2 or more manufacturing companies merge into one manufacturing company, provided that the acquiree and the acquirer satisfy the requirements of section 59A of the Income Tax Act; L4 – 31 [Issue 8] Land (Duties and Taxes) Act EIGHTH SCHEDULE—continued (k) witnessing the transfer of immovable property by a bank Part II, Part III and or leasing company to a person pursuant to an arrange- Part VIA ment entered into between the bank or leasing company and the person whereby the bank or leasing company initially purchased the immovable property with a view to selling or transferring the same to that person; (l) (i) witnessing the transfer of land under métayage at Part II and Part III a mutually agreed price between a planter and a métayer where such transfer is approved by the Mauritius Sugar Authority; (ii) for the purpose of sub-item (i), “land under métayage”, “métayer” and “planter” have the same meaning as in section 19 of the Sugar Industry Efficiency Act; (m) witnessing the transfer of land, including any building Part II and Part III thereon, by— (i) a member to another member of the Mauritius Sugar Producers Association; or (ii) a member of the Mauritius Sugar Producers’ Association to Government or to any entity designated by Government, in connection with the 2,000 arpents to be transferred by the Mauritius Sugar Producers’ Association (MSPA) following the Government-MSPA deal signed on 22 April 2008, duly certified by the Mauritius Sugar Authority; (n) witnessing the transfer o including any building Part II and Part III thereon, by— (i) a member to another member of the Mauritius Sugar Producers Association; or (ii) a member of the Mauritius Sugar Producers’ Association to Government or to any entity designated by Government, in connection with the 2,000 arpents to be transferred by the Mauritius Sugar Producers’ Association (MSPA) following the Government-MSPA deal signed on 22 April 2008, duly certified by the Mauritius Sugar Authority; (n) witnessing the transfer of land by the person imple- Part II and Part III menting a VRS pursuant to section 23 of the Sugar Industry Efficiency Act to the heirs of an employee who passed away between 1 March 2007 and the date a request for the VRS is made; (o) witnessing the transfer of immovable property by Na- Part II and Part VIA tional Housing Development Company Ltd to an individual where the value of the immovable property does not exceed the amount of 1,500,000 rupees, which amount shall be adjusted every year to reflect any increase in the Construction Price Index; (p) witnessing the transfer of leasehold rights by an IHS Part II, Part III and Company under the Real Estate Development Scheme Part VIA prescribed under the Investment Promotion Act to a syndicat de co-propriétaires under that Scheme; (q) witnessing the transfer or property by an IHS Company Part VIA under the Real Estate Development Scheme prescribed under the Investment Promotion Act; [Issue 8] L4 – 32 Revised Laws of Mauritius EIGHTH SCHEDULE—continued (r) (i) witnessing the transfer of immovable property by Part II and Part III a company on the condition that the immovable property so transferred is leased back to the company and the deed of transfer together with the lease back agreement are duly registered at the same time on or before 31 December 2011, provided the transfer receives the prior approval of the ERCP Committee under the Economic Restructuring and Competitiveness Package, referred to in the Ministry’s document entitled “Facing the Euro Zone Crisis and Restructuring for Long Term Resilience” and dated August 2010; (ii) witnessing the repurchase (rétrocession) by the Part II and Part III company of the immovable property transferred under sub-item (i) within a period of 6 years from the date of registration of the deed of transfer; (iii) witnessing the transfer of immovable property by Part III a shareholder of a company or by a company on the condition that the deed of transfer is registered on or before 31 December 2011 and the proceeds of that transfer are invested in the company within 2 months of the date of registration of the deed, provided the transfer has received the prior approval of the ERCP Committee under the Economic Restructuring and Competiveness Package, referred to in the Ministry’s documents entitled “Facing the Euro Zone Crisis and Restructuring for Long Term Resilience” and dated August 2010; (s) witnessing the transfer of land at a nominal price of one Part II and Part III rupee to Government or, any specified entity or any body as may be prescribed, pursuant to section 11 (2), (2A) or (3) of the Sugar Industry Efficiency Act; (t) where the transfer is made to— (i) a religious federation eligible to a per capita sub- Part II and Part VIA sidy from Government, specified in item (u) (i); when the tax is payable by the religious federation or religious body, provided that the immovable property is used or a building is constructed for use— L4 – 33 [Issue 8] Land ( II rupee to Government or, any specified entity or any body as may be prescribed, pursuant to section 11 (2), (2A) or (3) of the Sugar Industry Efficiency Act; (t) where the transfer is made to— (i) a religious federation eligible to a per capita sub- Part II and Part VIA sidy from Government, specified in item (u) (i); when the tax is payable by the religious federation or religious body, provided that the immovable property is used or a building is constructed for use— L4 – 33 [Issue 8] Land (Duties and Taxes) Act EIGHTH SCHEDULE—continued (ii) a religious body registered under the Registration (a) as a place for of Associations Act and affiliated to a religious public worship or federation referred to in sub-item (i); for the advancement of reli- (iii) a religious body which is not affiliated to a religion, including gious federation referred to in sub-item (i) and elreligious educaigible to an annual fixed grant from Government, tion; specified in item (u) (ii); (b) in connection with public worship, such as, house for a priest or as parking; (c) as an office in relation to the activities of the federation or religious body; or (d) as a building for holding social activities. (u) where the transfer is made to— (i) Adventist Church Ahmadiya Muslim Association Arya Sabha Mauritius Board of Waqf Commissioners Church of England (Anglican) Church of Scotland (Presbyterian) Mauritius Andra Maha Sabha Mauritius Arya Ravived Pracharini Sabha Mauritius Gahlot Rajput Maha Sabha Mauritius Marathi Mandali Federation Mauritius Sanatan Dharma Temples Federation Mauritius Tamil Temples Federation Roman Catholic Church; (ii) Brahma Kumaris World Spiritual University Chinmaya Mission ISKCON Shri Kabir Council of Mauritius Shri Sanatan Dharma Mandir Parishad Swastika; (v) where the transfer is made by way of donation or at a Part II, Part III and nominal price not exceeding 1,000 rupees by a person Part VIA to— (i) a religious federation or religious body referred to in item (t); [Issue 8] L4 – 34 Revised Laws of Mauritius EIGHTH SCHEDULE—continued (ii) a religious federation or religious body registered under the Registration of Associations Act or established under any enactment and having as its main object, the advancement of religion; (iii) a body established under any enactment having amongst its objects teaching, imparting, disseminating and promoting knowledge to individuals so as to help them attain mental peace and happiness and ensuring that human relations are governed by the truth, conduct, love, peace and nonviolence. (w) witnessing the transfer of land to or of a housing unit Part II and Part III by a housing development trust, or any other nonprofit vehicle, which carries out the construction of social housing estates and is registered with the committee set up under section 50L (3) of the Income Tax Act; (x) witnessing the transfer of an immovable property by a Part III bank, or non-bank deposit taking institution, under the Banking Act, where the property was acquired by the bank, or non-bank deposit taking institution in connection with the recovery of debts, provided that the transfer is made within a period of 12 months from the date of acquisition of the property; (y) where the transfer of an immovable property is made, Part II, Part III and by way of donation or at a nominal price not exceeding Part VIA 1,000 rupees, by a person to a charitable institution registered under the Registration of Associations Act, the objects of wh the property was acquired by the bank, or non-bank deposit taking institution in connection with the recovery of debts, provided that the transfer is made within a period of 12 months from the date of acquisition of the property; (y) where the transfer of an immovable property is made, Part II, Part III and by way of donation or at a nominal price not exceeding Part VIA 1,000 rupees, by a person to a charitable institution registered under the Registration of Associations Act, the objects of which— (i) are of a public character; (ii) do not yield any profits to its members; and (iii) are exclusively— (A) the relief of poverty, sickness, or disability; (B) the protection of the environment; or (C) the promotion of any other public object beneficial to the community, provided that the immovable property acquired by the charitable institution is used directly in connection with its activities; (z) witnessing the transfer by a bank, holding a Certificate Part II, Part III and of Transfer of Undertaking issued under section 346A Part VIA of the Companies Act, of the whole or part of its undertaking under section 32A of the Banking Act in respect of all assets, except the appropriate registration duty specified in Part VII of the First Schedule to the Registration Duty Act; (za) witnessing the transfer by a company, whether incor- Part II, Part III and porated in Mauritius or elsewhere, of the shares of a Part VIA bank incorporated in Mauritius to the— (i) parent; L4 – 35 [Issue 9] Land (Duties and Taxes) Act EIGHTH SCHEDULE—continued (ii) wholly owned subsidiary; or (iii) wholly owned subsidiary of the parent, whether incorporated in Mauritius or elsewhere, of that company, provided that the bank is a transferee bank under section 32A of the Banking Act and the transfer of the shares is made not later than 12 months from the date of the Certificate of Transfer of Undertaking under section 346A of the Companies Act; (zb) witnessing the transfer of shares or property where— Part II, Part III and Part VIA, in full or (i) a company takes over, or acquires the whole or part of the undertaking of, another company; in such proportion as the Minister may (ii) the Minister has deemed such a takeover or determine. transfer of undertaking to be in the public interest; and (iii) the takeover or transfer of undertaking has occurred on terms and conditions approved by the Minister; (zc) witnessing the transfer of a portion of freehold land Part III with a residential building thereon or a residential lot which is the subject of a duly registered and transcribed deed witnessing a règlement de co-propriété in accordance with articles 664 and 664-1 to 664-94 of the Code Civil Mauricien by a partnership or company to its worker, former worker, retired worker, the heirs, collectively (les ayants droits), of a deceased worker, of a deceased former worker or of a deceased retired worker, provided that— (i) the transfer is made at a nominal price of one rupee; (ii) the acreage of the land does not exceed 296 m2 (7 perches); (iii) the partnership or company has not previously effected any transfer of immovable property to that worker, former worker, retired worker, the heirs, collectively (les ayants droits), of the deceased worker, of the deceased former worker or of the deceased retired worker; and (iv) the transfer is approved by the National CSR Foundation. (zd) witnessing the transfer of immovable property, ac- Part II, Part III and quired during the period reage of the land does not exceed 296 m2 (7 perches); (iii) the partnership or company has not previously effected any transfer of immovable property to that worker, former worker, retired worker, the heirs, collectively (les ayants droits), of the deceased worker, of the deceased former worker or of the deceased retired worker; and (iv) the transfer is approved by the National CSR Foundation. (zd) witnessing the transfer of immovable property, ac- Part II, Part III and quired during the period of legal community of goods Part VIA and property referred to in Article 1402 of the Code Civil Mauricien between ex-spouses following a divorce; (ze) witnessing the exchange (l’échange) of immovable Part II and Part III property between a person and Government, as may be mutually agreed, provided the exchange (l’échange) is effected for a nominal price of one rupee; [Issue 9] L4 – 36 Revised Laws of Mauritius EIGHTH SCHEDULE—continued (zf) witnessing the transfer of— Part II, Part III and (i) land, provided that the purchaser uses the land to Part VIA. construct a building for use primarily as a warehouse; or (ii) land on which there is a building, provided that the purchaser uses the building primarily as a warehouse, as the Board of Investment may certify. [Eighth Sch. added by s. 19 (w) of Act 15 of 2006 w.e.f. 7 August 2006; amended by GN 130 of 2006 w.e.f. 23 September 2006; GN 129 of 2007 w.e.f. 15 September 2007; GN 219 of 2007 w.e.f. 15 December 2007; s. 18 (f) of Act 18 of 2008 w.e.f. 19 July 2008; GN 36 of 2008 w.e.f. 23 February 2008; GN 66 of 2008 w.e.f. 26 April 2008; r. 3 (a) of GN 125 of 2009 w.e.f. 1 June 2008; s. 13 (e) of Act 20 of 2009 w.e.f. 19 December 2009; GN 125 of 2009 w.e.f. 1 June 2008; GN 219 of 2010 w.e.f. 1 July 2008; GN 37 of 2011 w.e.f. 14 February 2011; GN 140 of 2011 w.e.f. 13 July 2011; GN 236 of 2011 w.e.f. 1 January 2012; GN 42 of 2012 w.e.f. 31 March 2012; s. 14 (g) of Act 26 of 2012 w.e.f. 22 December 2012; GN 118 of 2013 w.e.f. 18 April 2013; s. 11 (e) of Act 26 of 2013 w.e.f. 21 December 2013; GN 172 of 2013 w.e.f. 1 July 2013; GN 162 of 2014 w.e.f. 23 August 2014; GN 49 of 2015 w.e.f. 5 April 2015; GN 149 of 2015 w.e.f. 24 July 2015; GN 175 of 2015 w.e.f. 12 September 2015; GN 31 of 2016 w.e.f. 5 March 2016; GN 229 of 2016 w.e.f. 5 November 2016; GN 276 of 2016 w.e.f. 1 July 2016 and 24 December 2016; s. 13 (b) of Act 4 of 2017 w.e.f. 20 May 2017.] L4 – 37 [Issue 9]