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Section 63: Fees for searches

Transcription And Mortgage Act

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

63. Fees for searches (1) The fees for searches in the mortgage or transcription books, or in the MIPD, shall be those specified in the Fourth Schedule. (2) Searches made— (a) on behalf of the Government; (b) by— (i) the Bank of Mauritius established under the Bank of Mauritius Act; (ii) the Commission established under the Prevention of Corruption Act; (iii) the Financial Services Commission established under the Financial Services Act; (iv) the FIU established under the Financial Intelligence and Anti-Money Laundering Act; (v) the Integrity Reporting Services Agency established under the Good Governance and Integrity Reporting Act; (vi) the Mauritius Revenue Authority established under the Mauritius Revenue Authority Act; and (vii) by such other entity as may be prescribed, shall be free of charge. (3) Subject to subsection (4), no search in the books or MIPD shall be made without the written authority of the Conservator. (4) A person to whom authority is refused under subsection (3) shall, on prepayment of the fees specified in the Fourth Schedule, be given by the Conservator such information as he may require by him from the books. (5) This section shall be in addition to, and not in derogation from, articles 2196 to 2203 of the Code Civil Mauricien. (6) Subject to subsections (4) and (7), the payment of the search fee, whether by the day, month or hour, shall entitle the person paying it to make the search by himself or by his duly authorised agent or clerk. (7) An authority under subsection (3) may, in case of misconduct by the person searching, be withdrawn by the Conservator. (8) A person aggrieved by a decision of the Conservator in refusing or withdrawing an authority under this section may appeal to the Minister against such refusal or withdrawal, as the case may be. [S. 63 amended by s. 52 (h) of Act 9 of 2015 w.e.f. 2 July 2015; s. 57 of Act 18 of 2016 w.e.f. 7 September 2016.] [Issue 10] T18 – 14 Revised Laws of Mauritius

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