Section 36: Transitional provisions

36. Transitional provisions (1) In this section— “SEHDA” means the Small Enterprises and Handicraft Development Authority established under section 3 of the repealed Small Enterprises and Handicraft Development Authority Act. (2) Notwithstanding any other enactment, every person employed by SEHDA shall be dealt with in accordance with this section. [Issue 7] S19 – 14 Revised Laws of Mauritius (3) Every person who, on 29 January 2010, is employed on the permanent and pensionable establishment of SEHDA shall be entitled to be transferred to the permanent and pensionable establishment of the Authority on terms and conditions which shall not be less favourable than those of his previous employment. (4) The period of service of every person employed on the permanent and pensionable establishment of SEHDA, who is transferred to the Authority under subsection (3), shall be deemed to be an unbroken period of service with the Authority. (5) No person employed on the permanent and pensionable establishment of SEHDA shall, on account of his transfer to the Authority or any resulting change in his job title, be entitled to claim that his employment has been terminated or adversely affected in breach of any enactment. (6) Any person employed on the permanent and pensionable establishment of SEHDA who, within 28 days from 29 January 2010, does not accept to be transferred to the Authority, may opt 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. (7) (a) Subject to subsection (8), any person employed on the permanent and pensionable establishment of SEHDA, against whom any disciplinary inquiry, investigation or proceedings are pending or in process at the commencement of this Act— (i) who is not interdicted, shall be transferred to the permanent and pensionable establishment of the Authority on terms and conditions which shall not be less favourable than those of his previous employment; (ii) who is interdicted, may opt to— (A) be transferred to the permanent and pensionable establishment of the Authority on terms and conditions which shall not be less favourable than those of his previous employment; (B) retire on the ground of abolition of office and be paid pension benefits in accordance with the Statutory Bodies Pension Funds Act and regulations made thereunder, as the case may be, where no disciplinary charge is subsequently found proved against him. (b) For the purpose of paragraph (a)(ii)(B), the date of retirement on ground of abolition of office shall be deemed to be 29 January 2010. (8) Any disciplinary inquiry, investigation or proceedings, pending or in process on 29 January 2010, against any person employed on the permanent and pensionable establishment of SEHDA, shall be taken up, continued or completed by the Authority and any resulting order or decision shall have the same force and effect as if made by SEHDA. S19 – 15 [Issue 7] Small and Medium Enterprises Development Authority Act (9) Notwithstanding any other enactment, the contract of every person employed on a fixed term performance contract by SEHDA, which is valid at the commencement of this Act, shall be deemed to have been entered into by the Authority and shall remain governed by its existing terms and conditions. (10) All assets and funds of SEHDA shall, at 29 January 2010, vest in the Authority. (11) All rights, obligations and liabilities subsistin Issue 7] Small and Medium Enterprises Development Authority Act (9) Notwithstanding any other enactment, the contract of every person employed on a fixed term performance contract by SEHDA, which is valid at the commencement of this Act, shall be deemed to have been entered into by the Authority and shall remain governed by its existing terms and conditions. (10) All assets and funds of SEHDA shall, at 29 January 2010, vest in the Authority. (11) All rights, obligations and liabilities subsisting in favour of, or against, SEHDA shall, on 29 January 2010, continue to exist under the same terms and conditions in favour of, or against, the Authority. (12) Any registration certificate issued under section 25 of the repealed Small Enterprises and Handicraft Development Authority Act, which is valid at 29 January 2010, shall be deemed to have been issued under this Act. (13) Any application made to SEHDA, pending at 29 January 2010, shall be deemed to have been made to the Authority and shall be dealt with in accordance with this Act and any other relevant enactment. (14) Any act or thing done by SEHDA shall, at 29 January 2010, be deemed to have been done by the Authority. (15) All proceedings, judicial or otherwise, commenced before and pending at 29 January 2010, by or against SEHDA, shall be deemed to have been commenced, and may be continued by or against the Authority. (16) Where this Act does not make provision for any transition, the Minister may make such regulations as may be necessary for such transition. 37. — SCHEDULE [Section 2] ANNUAL TURNOVER Annual turnover Enterprise (Rs) Microenterprise Not more than 2 million Small enterprise Exceeding 2 million but not exceeding 10 million Medium enterprise Exceeding 10 million but not exceeding 50 million [Sch. added by s. 46 (f) of Act 9 of 2015 w.e.f. 14 May 2015.] [Issue 7] S19 – 16