MCA Act

M C A    A C T

Act No. 16 of 1985

I assent

26 March 1985 S. RAMGOOLAM

ARRANGEMENT OF SECTIONS

1.   Short Title 11. Conditions of Service of Employees

2.   Interpretation 12. Powers of Minister

3.   Establishment of the College 13. Execution of Documents

4.   Object of the College 14. Exemption

5.   The Board 15. Donations

6.   Meetings of the Board 16. Rules

7.   The Council 17. Consequential Amendment

8.   Committees 18. Repeal

9.   The Director 19. Transitional Provision

10.  Appointment of Employees

AN ACT

To provide for the establishment of the Mauritius College of the Air ENACTED by the Parliament of Mauritius, as follows:-

1.                  Short Title

This Act may be cited as the Mauritius College of the Air Act 1985.

2.                  Interpretation in this Act

“Board” means the Board established under section 5;

“Chairman” means the Chairman of the Board;

“College” means the Mauritius College of the Air established under section 3;

“Council” means the Advisory Council specified under section7;

“Director” means the person appointed as such under section 9;

“Member” means a member of the Board and includes the Chairman;

“Minister” means the Minister to whom responsibility for the subject of education is assigned.

Establishment of the College

(a)                The Mauritius College of the Air established under the MCA Act 1971 shall be deemed to have been established under this Act.

(b)               The College shall be a body corporate.

Object of the College

The object of the college shall be to promote education, arts, science and culture generally through mass media and distance education methods.

The Board

(1) The College shall be administered by a Board

(2)   The Board shall consist of:

(a)                a Chairman appointed by the Prime Minister;

(b)               the Permanent Secretary, Ministry of Education, Arts and Culture or his representative;

(c)                the Director of the College

(d)               the Financial Secretary or his representative;

(e)                the Permanent Secretary, Prime Minister’s Office or his representative;

(f)                 the Director, Ministry of Economic Planning and Development or his representative;

(g)                The Director-General of the Mauritius Broadcasting Corporation or his representative;

(h)                Not more than 2 other members, appointed by the Minister.

(3)   Every appointed member shall:

(a)    hold office for a period not exceeding 2 years;

(b)   be paid by the College such renumeration or allowance as the Board may, with the approval of the Minister, determine.

Meetings of the Board

(1)   Subject to subsections (2) and (3), the Board shall regulate its meetings and proceedings in such manner as it thinks fit.

(2)   The Board shall meet at the request of the Chairman or of not less than 5 members and at such time and place as determined by the Chairman.

(3)   Five members shall constitute a quorum.

The Council

(1)   There shall be an Advisory Council which shall advise the Board on any matter falling within the purview of the College.

(2)   The Council shall consist of:

(a)                      the Director as Chairman;

(b)                     the Permanent Secretary, Ministry of Education, Arts and Culture or his representative;

(c)                      the Permanent Secretary, Ministry of Health or his representative;

(d)                     the Permanent Secretary, Ministry of Employment and of Social Security and National Solidarity or his representative;

(e)                      the Permanent Secretary, Ministry of Agriculture, Fisheries and Natural Resources or his representative;

(f)                       the Principal Assistant Secretary, Ministry of Women’s Rights and Family Affairs or her representative;

(g)                      the Director, Information Services;

(h)                      the Vice-Chancellor of the University of Mauritius or his representative;

(i)                        the Director of the Mahatma Gandhi Institute or his representative;

(j)                       the Director of the Mauritius Institute of Education or his representative;

(k)                     the Director of the Private Secondary Schools Authority or his representative;

(l)                        the Director of the Mauritius Examinations Syndicate or his representative;

(m)                    the Director of the Central Training Office of his representative;

(n)                      one representative of the employees of the College appointed by the Minister.

( 3)The Board may, with the approval of the Minister, make such rules as it thinks fit to regulate the meetings and proceedings of the Advisory Council.

(4)   Subject to the rules made under subsection (3), the Council may regulate its meetings and proceedings in such manner as it thinks fit.

Committees

(1) The Board may, in the exercise of its functions under this Act, set up such committees as it thinks fit.

(2)   Subject to any direction by the Board, any committee set up under subsection (1) shall regulate its meetings and proceedings in such manner as it thinks fit.

The Director

(1)   There shall be a Director who shall be principal administrative officer of the College and who shall have general responsibility to the Board for maintaining and promoting the good order and efficiency of the College.

(2)   The Director shall be appointed by the Board with the approval of the Minister and shall hold office on such terms and conditions as the Board thinks fit.

Appointment of Employees

(1)   The Board may, with the approval of the Minister, appoint, on such terms and conditions as it thinks fit, such employee as may be necessary for the proper discharge of its functions under this Act.

(2)   Every employee shall be under the administrative control of the Director.

Conditions of Service of Employees

The Board may make provision to govern the conditions of service of the employees of the College and in particular, to deal with:

(a)                the appointment, dismissal, discipline, pay and leave of, and the security to be given by, employees;

(b)               appeals by employees against dismissal and other disciplinary measures.

Powers of Minister

(1)   The Minister may, in relation to the exercise by the Board of the powers of the College under this Act, after consultation with the Board, give such directions to the Board, not inconsistent with this Act, as he considers to be necessary in the public interest, and the Board shall comply with those directions.

(2)   The College shall afford to the Minister facilities for obtaining information with respect of its activities and shall furnish him with such returns as he may require.

Execution of Documents

(1) Subject to subsection (2), all documents shall be deemed to be executed by or on behalf of the College if signed by the Chairman or the Director.

(2)   Every cheque of the College shall be signed by any 2 of the following persons:

(a)                the Chairman;

(b)               the Director;

(c)                such other person as may be appointed for the purpose by the Board.

Exemption

Notwithstanding any other enactment, the College shall be exempt from the payment of any rate or charge leviable on immovable property or any tax leviable on income.

Donations

Article 910 of the Code Napoléon shall not apply to the College.

Rules

(1) The Board may, with the approval of the Minister, make such rules as it thinks fit for the purposes of this Act.

(2)   Notwithstanding the Interpretation and General Clauses Act, any rules made under subsection (1) shall not be;

(a)                laid before the Assembly;

(b)               published in the Gazette

Consequential Amendment

(1) Subject to subsections (2) and (3), the Schedule to the Statutory Bodies (Accounts and Audit) Act is amended in part II by adding the following item:

      Mauritius College of the Air

(2) For the purpose of the Statutory Bodies (Accounts and Audit) Act, the period extending from the commencement of this Act to June 20 next shall be deemed to be the first financial year of the College.

(3)   Section 7(1) of the Statutory Bodies (Accounts and Audit) Act shall not apply in relation to the first financial year of the College.

(4)   The auditor to be appointed under section 5(1) of the Statutory Bodies (Accounts and Audit) Act shall be the Director of Audit.

Repeal

The following enactments are repealed:

(a)                the Mauritius College of the Air Act 1971;

(b)               the Mauritius Educational Broadcasting Authority Act

Transitional Provision

(1) All the assets, rights and liabilities of the Mauritius College of the Air established under the Mauritius College of the Air Act 1971 shall vest in the College.

(2)   All proceedings, judicial or otherwise, started by or against the MCA established under the MCA Act 1971 shall be deemed to have been started by or against the College.

(3)   All employees of the MCA established under the MCA Act 1971 shall be deemed to have been transferred to the College without losing their period of service and under the same conditions of employment and any service with the MCA shall be deemed to be service with the College.