Section 13: Saving

13. Saving (1) Sections 8 to 12 shall not deprive any person of the right of proceeding against a public or ministerial officer on account of an act done in the discharge of his duties, after the expiry of the period of 3 months. P53 – 3 [Issue 1] Public Officers’ Security Act (2) The right of personal action under subsection (1) shall be subject to the prescription period fixed by the Code Civil Mauricien. FIRST SCHEDULE [Section 2] Know all men by these presents that we ... of ............ and of ....... are held and firmly bound to the State in the sum of ................ rupees, to be well and truly paid to the State, for which payment well and truly to be made we do hereby bind ourselves, jointly and severally, our heirs, executors and administrators and every of them firmly by these presents. The conditions of the obligation are such that if ........................ is licensed (or appointed) under the Public Officers’ Security Act do and shall so long as ................ shall continue to be licensed (or appointed) to ...................... well and truly perform the duties prescribed to .................. by the above mentioned Act and faithfully and honestly demean and conduct ........................... as such, then the above obligation to be void, otherwise to remain in full force and virtue. Dated at .............................. on .................................. of ............. Approved for the sum of ........ ..................... Signature of First Surety Approved for the sum of ........ ................. Signature of Second Surety (Where the personal bond is drawn up by a notary, add the notary’s signature.) [First Sch. amended by Act 48 of 1991] SECOND SCHEDULE [Section 5] I, ........................................, Master and Registrar of the Supreme Court do hereby certify that this personal bond deposited at the Registry in pursuance of the Public Officers’ Security Act was so deposited on ................. and I further certify that ........... and ........... subscribers of the bond have declared to me on depositing the personal bond that it was their bond and that the signatures affixed to the bond were the genuine and true signatures of .......... and ........... respectively. Date ............................. (S)................... Master and Registrar [Issue 1] P53 – 4 THIRD SCHEDULE [Section 7] Form of Security Know all men by these presents that I, .......... of the District of ....., am held and firmly bound to the State (on behalf of any person or persons to whom the said ...... may be duly or legally liable for failure of the conditions of this present bond, or one or any of them) in the sum of Rs ......................................, to be paid to the State (on behalf of any person or persons aforesaid) for which payment well and truly to be made I do hereby bind myself, my heirs, executors and administrators firmly by these presents and as a guarantee for the payment. I do hereby mortgage and specially hypothecate up to the sum of Rs.... a property situate in the District of ...., of the extent of about ....... arpents bounded ............. The said ..... is the owner of the property for having purchased it, etc. Now the conditions of this obligation are such that if the said .............. has, since the date of his appointment as ............... of Mauritius, well and truly performed and executed his duties and functions of the office and trust according to law and has not committed any act hypothecate up to the sum of Rs.... a property situate in the District of ...., of the extent of about ....... arpents bounded ............. The said ..... is the owner of the property for having purchased it, etc. Now the conditions of this obligation are such that if the said .............. has, since the date of his appointment as ............... of Mauritius, well and truly performed and executed his duties and functions of the office and trust according to law and has not committed any act contrary to the duties and functions and has faithfully and honestly demeaned and conducted himself in the office and charge and if and so long as he shall continue to be such ..................... of Mauritius he do well and truly perform and execute the duties and functions of the said office and trust according to law, and further if, during such time, he shall continue to be such ..................... of Mauritius as aforesaid, he does not commit any act contrary to the said duties and functions and shall faithfully and honestly demean and conduct himself in the said office and trust then this obligation to be null and void, otherwise to remain in full force and virtue. (S)................... Taken and acknowledged at the Registry, Supreme Court, on ..................... Before me (S).................... Master and Registrar Supreme Court [Third Schedule amended by Act 48 of 1991] P53 – 5 [Issue 1]