Section 16: Transitional and saving provisions

16. Transitional and saving provisions (1) In this section— “SMEDA” means the Small and Medium Enterprises Development Authority established under the repealed Small and Medium Enterprises Development Authority Act. (2) Notwithstanding any other enactment, every person employed on the permanent and pensionable establishment of SMEDA shall be dealt with in accordance with this section. (3) Every person who, at the commencement of this Act, is employed on the permanent and pensionable establishment of SMEDA may, within 30 days from the date of commencement of this Act, opt— (a) to be transferred to SME Mauritius Ltd on new terms and conditions which shall not be less favourable than those of his previous employment; (b) to be redeployed, so far as is practicable, to any Ministry or statutory body where vacancies in a similar position are available, on terms and conditions which shall not be less favourable than those of his previous employment; or (c) for retirement on the ground of abolition of office and be paid his pension benefits in accordance with the Statutory Bodies Pension Funds Act and regulations made thereunder, and the recommendations of the Pay Research Bureau Report 2016. (4) No person employed on the permanent and pensionable establishment of SMEDA who exercises an option under subsection (3) or who fails to exercise any such option shall be entitled to claim that his employment has been terminated or adversely affected in breach of any enactment. [Issue 10] S19 – 6 (5) Any disciplinary inquiry, investigation or proceeding, pending or in process at the commencement of this Act, against any person employed on the permanent and pensionable establishment of SMEDA, shall be taken up, continued or completed by SME Mauritius Ltd, the Ministry or the statutory body, as the case may be, and any resulting order or decision shall have the same force and effect as if made by SMEDA. (6) All assets and funds of SMEDA shall, at the commencement of this Act, vest in SME Mauritius Ltd. (7) All rights, obligations and liabilities subsisting in favour of or against SMEDA shall, at the commencement of this Act, continue to exist under the same terms and conditions in favour of or against SME Mauritius Ltd. (8) Any registration certificate issued under the repealed Small and Medium Enterprises Development Authority Act, which is valid at the commencement of this Act, shall be deemed to have been issued under this Act. (9) Any application made to SMEDA and which is pending at the commencement of this Act shall be deemed to have been made to the Registrar and shall be dealt with in accordance with this Act. (10) Any act or thing done, or any contract or agreement entered into, by SMEDA shall, at the commencement of this Act, be deemed to have been done or entered into by SME Mauritius Ltd. (11) All proceedings, judicial or otherwise, initiated before and pending at the commencement of this Act, by or against SMEDA, shall be deemed to have been initiated, and may be continued, by or against SME Mauritius Ltd. (12) Any document, matter or thing which if this Act had not been passed would have been admissible in evidence in respect of any matter for or against SMEDA shall, at the commencement of this Act, be admissible in evidence in respect of the same matter for or against SME Mauritius Ltd. (13) Subject to subsection (8), a reference in an enactment or arrangement, agreement, a certificate or any other document to— (a) the Small and Medium Ente and may be continued, by or against SME Mauritius Ltd. (12) Any document, matter or thing which if this Act had not been passed would have been admissible in evidence in respect of any matter for or against SMEDA shall, at the commencement of this Act, be admissible in evidence in respect of the same matter for or against SME Mauritius Ltd. (13) Subject to subsection (8), a reference in an enactment or arrangement, agreement, a certificate or any other document to— (a) the Small and Medium Enterprises Development Authority Act shall be construed as a reference to the Small and Medium Enterprises Act; and (b) SMEDA shall be construed as a reference to SME Mauritius Ltd. (14) Any scheme administered and managed by the SME One-Stop Shop under the repealed Small and Medium Enterprises Development Authority Act shall be administered and managed by SME Mauritius Ltd. (15) Where this Act does not make provision for any transition, the Minister may make such regulations as may be necessary for such transition. 17. — S19 – 7 [Issue 10] FIRST SCHEDULE [Section 2] ANNUAL TURNOVER Enterprise (Rs) Microenterprise Not more than 2 million Small enterprise More than 2 million but not more than 10 million Medium enterprise More than 10 million but not more than 50 million SECOND SCHEDULE [Section 8 (1)] PROJECT VALUE (Rs) Project value 20 million [Issue 10] S19 – 8