Section 28: Payments out of General Insurance Account

28. Payments out of General Insurance Account (1) Subject to subsection (2), the Board shall, in accordance with any arrangement which it may approve for the purpose of this section, but subject to sections 25, 26 and 27, pay to the insured compensation out of the General Insurance Account. [Issue 10] S54 – 14 Revised Laws of Mauritius (2) The Board may pay the compensation to the Syndicate for distribution to the insured through his broker or other representative authorised by him to receive from the Syndicate payment of the proceeds of the sale of his sugar. (3) For the purpose of subsection (2), a broker or other representative shall be deemed to have been authorised to receive payments from the Syndicate in respect of any crop year by an insured who has consigned to the broker or other representative, as the case may be, the sugar accruing in that crop year to the insured. (4) Notwithstanding subsections (2) and (3), the Syndicate may pay the compensation directly to the insured where the insured has so opted at the time of registration. (5) Compensation payable in any crop year in respect of a factory or cane plantation with respect to which there has been a change in ownership after registration under section 40 shall, in the absence of a notification under section 41 (1), be paid, in respect of— (a) a factory, to the miller who operated the factory; and (b) a cane plantation, the planter in whose name the canes were supplied. (5A) Notwithstanding subsection (5), compensation payable in any crop year in respect of a cane plantation in relation to which there has been a change in ownership under section 41, may, in the absence of a notification under section 41 (1), be withheld by the Board for such period as it may determine. (6) Any compensation payable shall be shared, in respect of the cane plantations of a métayer, between the métayer and the owner of the land in the same proportion as the premium under section 24 (6) (c). (7) The compensation payable shall be shared, in respect of cane plantations of a growing unit, among the planters and métayers in the growing unit in the proportion of their respective area harvested. [S. 28 amended by Act 42 of 1984; Act 21 of 1988; s. 8 of Act 1 of 2012 w.e.f. 12 May 2012; s. 13 (2) (b) of Act 5 of 2014 w.e.f. 20 August 2014; s. 67 (h) of Act 11 of 2018 w.e.f. 1 June 2017.]