Section 48: Offences and penalties

48. Offences and penalties (1) Any person who— (a) contravenes this Act; (b) fails to comply with any requirement of a notice served under section 38, 39 or 40; or [Issue 1] W4 – 20 Revised Laws of Mauritius (c) refuses entry to an officer or the Authority under section 38, 40, 41, 42 or 45, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 12 months. (2) Any person who fails to comply with a notice served upon him under section 38, 39 or 40 shall, in addition to any fine to which he may be liable under subsection (1), be liable to a fine of 1,000 rupees in respect of every day for the period during which he has failed to comply with the notice after the time specified therein. (3) Notwithstanding section 114 of the Courts Act and section 72 of the District and Intermediate Court (Criminal Jurisdiction) Act, a Magistrate shall have jurisdiction to try all offences under this Act and may impose any penalty provided by this Act. (4) The Magistrate hearing a charge brought under subsection (1) or (2) may, in addition to the penalty provided in these subsections, order the convicted person to comply with this Act in such manner and within such delay as the Magistrate may direct. (5) Any person who fails to comply with an order made under subsection (4) shall commit an offence and shall, on conviction, be liable to imprisonment for a term of not less than 12 months. (6) Section 152 of the Criminal Procedure Act shall not apply to a person convicted under subsection (5). 49. – 52. — W4 – 21 [Issue 1]