Section 56: Application for attachment order
consolidated text (as at 2012, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
56. Application for attachment order
(1) Notwithstanding any other enactment, where a Judge in Chambers,
on an application by the Commission, is satisfied that the Commission has
reasonable ground to suspect that a person has committed an offence under
this Act or the Financial Intelligence and Anti-Money Laundering Act, he may
make an attachment order under this section.
(2) An order under this section shall—
(a) attach in the hands of any person named in the order, whether
that person is himself the suspect or not, all money and other
property due or owing or belonging to or held on behalf of the
suspect;
(b) require the person named in the order to declare in writing to the
Commission, within 48 hours of service of the order, the nature
and source of all moneys and other property so attached; and
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Prevention of Corruption Act
(c) prohibit the person from transferring, pledging or otherwise disposing of any money or other property so attached except in
such manner as may be specified in the order.
(3) Where an order is made under this section, the Commission shall—
(a) cause notice of the order to be published in the next issue of the
Gazette and in at least 2 daily newspapers published and circulated in Mauritius; and
(b) give notice of the order to—
(i) all notaries;
(ii) all banks, financial institutions and cash dealers; and
(iii) any other person who may hold or be vested with property
belonging to or held on behalf of the suspect.
[S. 56 amended by s. 12 of Act 1 of 2006 w.e.f. 29 April 2006.]
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Questions this section answers
- Can ICAC get a court order to freeze my money and property during a corruption investigation?