Section 61: Functions and powers of Parliamentary Committee

61. Functions and powers of Parliamentary Committee (1) Subject to subsection (3), the Parliamentary Committee shall— (a) monitor and review the manner in which the Commission fulfils its functions under this Act; (b) review the budgetary estimates of the Commission; (c) issue such instructions as it considers appropriate with regard to— (i) the financial management of the Commission; (ii) the staffing requirements of the Commission; and (iii) the allocation of resources to the various operations of the Commission; (d) subject to subsection (4), issue guidelines and give general directives to the Commission with regard to the manner in which the Commission is to perform its functions and exercise its powers; (e) receive reports from the Commission at such intervals as the Parliamentary Committee may require; (f) make a report to the Assembly where the Committee considers that it is expedient that the attention of the Assembly be directed to— (i) the manner in which the Commission is discharging its functions and exercising its powers; (ii) the financial situation of the Commission; (iii) the need for further legislative reforms; or (iv) any other matter relating to this Act; (g) consider the annual report and other reports of the Commission and report to the Assembly on any matter appearing in or arising out of such report; (h) report to the Prime Minister on any matter relating to this Act; and (i) have such other powers as are conferred upon it by this Act. (2) In the exercise of its functions under this Act, but subject to subsection (3), the Parliamentary Committee may— (a) examine a member of the Board or an officer; (b) summon a public official to answer questions and produce documents; and [Issue 1] P24 – 32 Revised Laws of Mauritius (c) require the Director-General or any officer to furnish any accounting or other records relating directly or indirectly to all financial transactions of the Commission and to answer any question in relation to such financial transactions. (3) Notwithstanding this Act— (a) the Parliamentary Committee shall not— (i) exercise its powers or discharge its functions in relation to a specific case under investigation by the Commission; (ii) require the Commission to reconsider a decision to investigate or not to investigate or to discontinue the investigation of a particular complaint; (iii) reconsider the findings of the Commission in relation to a particular investigation or complaint; (iv) question a member of the Board, an officer or a public official concerning, or otherwise enquire into, a matter which is under investigation by the Commission; (b) a member of the Board, an officer or a public official may refuse to answer a question which— (i) is in relation to a specific matter which is the subject of an investigation by the Commission; (ii) in his opinion, would tend to disclose facts relating to a matter which is the subject of an investigation by the Commission. (4) Where the Parliamentary Committee issues a guideline under subsection (1) (d)— (a) the Chairperson of the Parliamentary Committee shall lay the guideline on the table of the Assembly within 14 days from the date on which such guideline was issued; (b) a Member of the Assembly may, within 30 days of the date on which the guideline has been tabled, move the Assembly that the guideline be disallowed and, on such motion being tabled, it shall be debated and put to a vote at the next sitting of the Assembly. (5) Where— (a) a guideline un es a guideline under subsection (1) (d)— (a) the Chairperson of the Parliamentary Committee shall lay the guideline on the table of the Assembly within 14 days from the date on which such guideline was issued; (b) a Member of the Assembly may, within 30 days of the date on which the guideline has been tabled, move the Assembly that the guideline be disallowed and, on such motion being tabled, it shall be debated and put to a vote at the next sitting of the Assembly. (5) Where— (a) a guideline under subsection (1) (d) has not been laid on the table of the Assembly under subsection (4) (a); or (b) a motion of disallowance under subsection (4) (b) has been voted by the Assembly, the guideline shall cease to have effect. (6) Where, as the result of the dissolution of Parliament or for any other reason, the Parliamentary Committee is not constituted, or is unable to perform its functions or exercise its powers under this Act— (a) its functions under section 24 (3) may be performed by the Commission itself; P24 – 33 [Issue 4] Prevention of Corruption Act (b) its functions under subsection (1) (b) and (c) and section 36 may be performed by, and its powers under subsection (2) (c), section 32 or section 35 (2), may be exercised by the Financial Secretary. (7) The powers exercised by the Commission under section 24 (3) pursuant to subsection (6) (a) shall be subject to approval or review by the Parliamentary Committee, once it is constituted. [S. 61 amended by s. 26 of Act 24 of 2005 w.e.f. 1 October 2005; s. 13 of Act 1 of 2006 w.e.f. 29 April 2006.] PART VII — [Part VII repealed by s. 65 (4) of Act 9 of 2011 w.e.f. 1 February 2012.] 62. – 64. — [Ss. 62 to 64 repealed by s. 65 (4) of Act 9 of 2011 w.e.f. 1 February 2012.] PART VIII — [Part VIII repealed by s. 25 (3) of Act 35 of 2003 w.e.f. 15 November 2003.] 65. – 79. — [Ss. 65 to 79 repealed by s. 25 (3) of Act 35 of 2003.] PART IX – EXTRADITION