Section 2: Interpretation

2. Interpretation In this Act— “average sugar yield per arpent” means the average cane yield in tonnes per arpent harvested and converted to sugar by reference to extraction; “average sugar yield per hectare” means the average cane yield in tonnes per hectare harvested and converted to sugar by reference to extraction; “Board” means the Sugar Insurance Fund Board referred to in section 4; “Bulk Sugar Insurance Account” means the Bulk Sugar Insurance Account referred to in section 19; “cane plantation” includes all the canes grown by a planter or métayer in a factory area in any given year whether or not these canes were grown in previous years by some other planter or métayer; “Chairperson” means the Chairperson of the Board; “Committee” means the Investment Committee established under section 10; “co-operative society” means a co-operative society registered under the Co-operatives Act; “crop year” means the period beginning on 1 June in any year and ending on 31 May in the following year; “Director”— (a) means a Director of the Board; and (b) includes the Chairperson; “employee” means a person, other than an officer, employed by the Board; [Issue 10] S54 – 2 Revised Laws of Mauritius “enlarged factory area”— (a) means a factory area; and (b) includes any other area or region from which canes are delivered to a factory in operation in the factory area, following any previous or future closing down of another factory to which that area or region was assigned before the closing down; “event year” means a crop year declared as such under section 25; “excessive rainfall” means excessive rainfall with or without the yellow spot disease (Cercospora Koxpkei); “extraction” means the average percentage, determined by the Board and calculated to 2 decimal places, of the sugar recovered from the cane supplied to a factory by an insured; “factory” means a sugar factory; “factory area” has the same meaning as in the Mauritius Cane Industry Authority Act; “Fire Insurance Account” means the Fire Insurance Account referred to in section 19; “fire insurance premium” means the premium referred to in section 34; “Fund” means the Sugar Insurance Fund established under section 3; “General Insurance Account” means the General Insurance Account referred to in section 19; “general insurance premium” means the premium determined in accordance with section 24 (6); “General Manager” means the General Manager of the Board appointed under section 12; “growing unit” means a grouping of planters, other than large planters, and métayers cultivating cane in any prescribed area; “insurable sugar” means, in the case of— (a) a large planter or growing unit, the insurable sugar determined in accordance with section 22; (b) a miller, the insurable sugar determined in accordance with section 23; “insurance contract” means an insurance contract referred to in sections 3 and 33A; “insured” means a miller, a planter, a métayer or a refiner; “large planter” means a planter who cultivates cane, whether in one or more factory areas, on an extent under cane of not less than 300 hectares; S54 – 3 [Issue 10] Sugar Insurance Fund Act “métayer” means a person who, by agreement with a planter, cultivates cane on land which belongs to the planter and, in consideration for the use of the land, gives the planter a portion of the annual sugar yield of such land, with or without any additional payment; “miller” has the same meaning as in the Mauritius Cane Industry Authority Act; “Minister” cane, whether in one or more factory areas, on an extent under cane of not less than 300 hectares; S54 – 3 [Issue 10] Sugar Insurance Fund Act “métayer” means a person who, by agreement with a planter, cultivates cane on land which belongs to the planter and, in consideration for the use of the land, gives the planter a portion of the annual sugar yield of such land, with or without any additional payment; “miller” has the same meaning as in the Mauritius Cane Industry Authority Act; “Minister” means the Minister to whom responsibility for the subject of finance is assigned; “normal years”, in relation to a large planter or growing unit, means the 3 crop years of the 8 crop years preceding any crop year which had the highest average sugar yield per hectare; “officer” means a person employed by the Board to perform administrative or technical duties; “plantation white sugar” means sugar which has a polarisation of more than 99 but less than 99.7; “planter” has the same meaning as in the Mauritius Cane Industry Authority Act; “prescribed area” means such area as may be prescribed by the Minister, following the advice of a consulting actuary under section 48; “prescribed percentage of the total insurable sugar” means such percentage of total insurable sugar as may be prescribed by the Minister for an area, following the advice of a consulting actuary under section 48; “ranking” means a ranking calculated under section 21; “refined sugar” means sugar with a polarisation of 99.7 or more; “refiner” means a miller or another entity, having the Trust or any other vehicle established to foster equity participation of planters and employees of the sugar industry as a shareholder and mandated by the Syndicate to optimise value added for the whole of the sugar industry through the production of refined sugar; “refinery” means a site where plantation white sugar is processed into refined sugar; “refining” means the process by which plantation white sugar is converted into refined sugar; “register” means the register referred to in section 43; “registered” means registered with the Board under section 40; “Reinsurance Fund” means the fund referred to in section 20A; “shortfall” means the insurable sugar of an insured in an event year less the sugar accruing to the insured in that year; [Issue 10] S54 – 4 Revised Laws of Mauritius “sugar”— (a) means raw sugar with a polarisation of 98.5; and (b) includes white sugar or any other type of sugar converted to raw sugar on the basis of such equivalent as the Minister may, after consultation with the Board, prescribe; “sugar accruing” or “sugar accrued” means— (a) in respect of a planter, the percentage of sugar produced or expected to be produced, from the canes of planters or the métayers, in accordance with section 39 (1) of the Mauritius Cane Industry Authority Act; (b) in respect of a miller, the sugar left to him after giving to planters or métayers the share of sugar accruing to them as set out in paragraph (a); “sugar price” means the price determined under section 47; “Syndicate” means the Mauritius Sugar Syndicate; “total insurable sugar for a prescribed area”, in relation to large planters or a growing unit, means the total insurable sugar of all large planters or the growing unit within a prescribed area; “total sugar accrued for a prescribed area”, in relation to large planters or a growing unit, means the total sugar accrued of all large planters or the growing unit within a prescribed area; a); “sugar price” means the price determined under section 47; “Syndicate” means the Mauritius Sugar Syndicate; “total insurable sugar for a prescribed area”, in relation to large planters or a growing unit, means the total insurable sugar of all large planters or the growing unit within a prescribed area; “total sugar accrued for a prescribed area”, in relation to large planters or a growing unit, means the total sugar accrued of all large planters or the growing unit within a prescribed area; “Trust” has the same meaning as in the Sugar Industry Efficiency Act. [S. 2 amended by s. 3 of Act 42 of 1984 w.e.f. 16 July 1984; s. 3 of Act 21 of 1988 w.e.f. 16 July 1988; s. 3 of Act 44 of 1989 w.e.f. 1 June 1988; s. 12 of Act 17 of 2000 w.e.f. 5 August 2000; s. 3 of Act 7 of 2007 w.e.f. 1 June 2007; s. 44 (a) of Act 14 of 2009 w.e.f. 1 July 2009; s. 65 (7) (a) of Act 40 of 2011 w.e.f. 19 March 2012; s. 3 of Act 1 of 2012 w.e.f. 12 May 2012; s. 12 of Act 15 of 2013 w.e.f. 29 June 2013; s. 13 (2) (a) of Act 5 of 2014 w.e.f. 20 August 2014; s. 50 (a) of Act 9 of 2015 w.e.f. 1 June 2014, s. 67 (1) (a) of Act 11 of 2018 w.e.f. 1 June 2017.] PART II – THE FUND, BOARD AND COMMITTEE