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The National Heritage Fund Act 2003. Act No. 40 of 2003

THE NATIONAL HERITAGE FUND ACT 2003

Act No. 40 of 2003

I assent SIR ANEEROOD JUGNAUTH

President of the Republic 08 November 2003

Date in force: by [Proclamation No. of ]

_________

ARRANGEMENT OF SECTIONS

Section

1. Short title

2. Interpretation

3. Establishment of the National Heritage Fund

4. Objects of the Fund

5. Establishment of the Board

6. Functions and powers of the Board

7. Meetings of the Board

8. Disclosure of interest

9. The Director

10. Appointment of staff

11. Appointment of Advisory Committees

12. Designation of national heritage

13. Ownership of national heritage

14. Maintenance of national heritage

15. Powers of the Minister

16. Prohibition on exports

17. Offences

18. Delegation of powers

19. Execution of documents

20. General Fund

21. Donations and legacies

22. Exemptions

23. Regulations

24. Repeal

25. Consequential amendments

26. Transitional provisions

27. Commencement

An Act

To provide for the establishment and management of the National Heritage Fund and for matters relating to national heritage

ENACTED by the Parliament of Mauritius as follows -

1. Short title

This Act may be cited as the National Heritage Fund Act 2003.

2. Interpretation

In this Act -

“Board” means the Board established under section 5;

“Chairperson” means the Chairperson of the Board;

“cultural significance” means aesthetic, anthropological, archaeological, architectural,

botanical, ethnological, geological, historical, linguistic, palaeontological, scientific,

social, spiritual or technological value;

“Director” means the person appointed under section 9;

“Fund” means the National Heritage Fund established under section 3;

“intangible heritage” means intangible aspects of inherited culture and includes culinary

arts, cultural traditions, customs, festivities, oral history and traditions, performing arts,

rituals, popular memory and skills and techniques connected with material aspects of

culture;

“member” means a member of the Board and includes the Chairperson;

“Minister” means the Minister to whom the responsibility for the subject of arts and

culture is assigned;

“monument” means -

(a) any structure of cultural significance, remains of such a structure, building

or group of buildings, which, because of its homogeneity or its place in

the landscape is of outstanding value; and

(b) architectural work, work of monumental sculpture and painting, element

or structure of an archaeological nature, inscription, cave dwelling which

is of outstanding value;

"national heritage" means -

(a) a national heritage designated in section 12 and specified in the

Schedule; and

(b) includes a national monument designated under the repealed National

Monuments (Designation) Regulations 1985 and specified in the

Schedule.

“site” means any area on land or underwater, with or without any structure, building,

monument or object, thereon having a cultural significance.

3. Establishment of the National Heritage Fund

(1) There is established, for the purposes of this Act, a Fund to be known as the

National Heritage Fund.

(2) The Fund shall be a body corporate.

4. Objects of the Fund

The objects of the Fund shall be to -

(a) safeguard, manage and promote the national heritage of Mauritius;

(b) preserve the national heritage sites as a source material for scientific and cultural

investigation and as an enduring basis for the purposes of development, leisure,

tourism and enjoyment of present and future generations worldwide; and

a sense of belonging and civic pride with respect to national heritage.

5. Establishment of the Board

(1) The Fund shall be administered and managed by a Board to be known as the

National Heritage Fund Board.

(2) The Board shall consist of -

(a) a Chairperson, appointed by the Prime Minister;

(b) a representative of the Prime Minister’s Office;

culture;

(d) a representative of the Ministry responsible for the subject of finance;

(e) a representative of the Ministry responsible for the subject of tourism;

(f) a representative of the Ministry responsible for the subject of education;

(g) a representative of the Ministry responsible for the subject of local

government;

(h) a representative of the Ministry responsible for the subject of

environment;

(i) a representative of the Ministry responsible for the subject of housing and

lands;

(j) a representative of the Mauritius Association of Architects;

(k) a representative of the Mauritius Museums Council; and

(l) 3 persons having wide experience in matters relating to national heritage

to be appointed by the Minister.

(3) The members of the Board shall hold office for a period of 3 years and shall be

eligible for re-appointment.

(4) Subject to the approval of the Minister, the Board may provide for the payment of

a fee to every member of the Board.

6. Functions and powers of the Board

The Board may do all such things as appear requisite and advantageous for the

furtherance of the objects of this Act and in particular shall -

(a) identify sites, monuments, structures, intangible heritage or such other

objects of cultural significance to be designated as national heritage;

(b) establish and maintain a register of designated national heritage;

salvage of national heritage or any object or structure of cultural

significance;

(d) manage national heritage entrusted to it;

(e) make such arrangements as are necessary to enable the public, whether

on payment of a fee or free of charge, to view and enjoy a national

heritage;

(f) produce and publish materials to sensitise the public of the existence of a

national heritage;

(g) make surveys, prepare maps and plans and collect information in relation

to any monument, site or intangible heritage which can be designated as

a national heritage;

(h) hold meetings, lectures and exhibitions and give advice or other

information pertaining to the pursuit of objects of the Fund;

(i) undertake or support research into the means of preserving a national

heritage;

(j) co-operate with any local or public authority or other body concerned in

the objects of the Fund;

(k) work in collaboration with the international community to trace and

recover any national heritage which may be outside the territory of

Mauritius or to restore foreign heritage or to jointly manage shared

heritage;

(l) provide guidance to owners of national heritage for restoration and

management of the national heritage;

(m) where appropriate, lease or entrust the management of a national

heritage, vested in the Board, to any person on such terms as the

Minister may approve;

(n) have access and control of any heritage site for the purpose of exercising

its functions and powers under this Act;

(o) take such measures, as deemed necessary, to maintain, protect and

promote a national heritage and to attain the objects of the Fund;

(p) raise funds by subscriptions, donations, grants, gifts or loans; and

(q) advise the Minister generally on all matters pertaining to national heritage.

7. Meetings of the Board

(1) Subject to section 37(6) and (8) of the Interpretation and General Clauses Act,

the Board shall regulate its meetings and proceedings in such manner as it thinks

fit.

(2) The Board shall meet at such time and place as the Chairperson may determine-

(a) at least once a month; or

(b) whenever the Chairperson deems it necessary or where a request for a

meeting is made by not less than 5 members.

(3) Seven members shall constitute a quorum.

(4) (a) The Board may co-opt representatives of bodies other than those

specified in section 5(2), to attend meetings.

(b) No co-opted member shall have the right to vote.

8. Disclosure of interest

A member who has a direct or indirect pecuniary or other interest in a matter being

considered or about to be considered by the Board shall forthwith, or as soon as is

practicable after the relevant facts have come to his knowledge, disclose in writing the

nature of his interest to the Board and shall not –

(a) be present during any deliberation of the Board with respect to that

matter; and

(b) take part in any decision of the Board with respect to that matter.

9. The Director

(1) The Board shall, with the approval of the Minister, appoint on such terms and

conditions as the Board may determine, a Director.

(2) The Director shall be responsible for the execution of the policy and decisions of

the Board and for the control and management of the day to day business of the

Fund.

(3) In the exercise of his functions, the Director shall act in accordance with such

directions as he may receive from the Board.

10. Appointment of staff

(1) The Board shall, with the approval of the Minister, appoint on such terms and

conditions as the Board may determine, such staff as may be reasonably

necessary for the purposes of, or in connection with, the discharge of its

functions.

(2) Every member of the staff shall be under the administrative control of the

Director.

11. Appointment of Advisory Committees

(1) The Board may set up an Advisory Committee on an ad hoc basis to advise the

Board on matters pertaining to the objects of the Fund.

(2) Any Committee set up under subsection (1) shall consist of -

(a) a Chairperson, designated by the Board from members of the Board;

(b) such other members of the Board as the Board may designate; and

relevant fields, as the Minister may designate.

(3) The Committee may regulate its meetings and proceedings in such manner as it

thinks fit.

12. Designation of national heritage

The Minister may, on recommendation of the Board, designate by regulations -

(a) any monument;

(b) any object or site of cultural significance;

(d) any natural feature consisting of physical and biological formation or

group of such formations which are of outstanding value; and

(e) any geological and physiographical formation or precisely delineated area

which constitute the habitat of animals and plants of outstanding value, in

Mauritius to be a national heritage.

13. Ownership of national heritage

(1) The ownership of a national heritage shall remain vested in the owner.

(2) Where the Minister designates a private property as national heritage, the

Director shall forthwith give notice, in writing, to the owner of that property.

(3) Any owner of a national heritage who intends to alter structurally or make any

addition to any national heritage shall -

(a) give notice, in writing, of his intention to do so to the Director; and

(b) not commence any alteration or addition to the national heritage unless

the Board has, with the approval of the Minister, authorised the said

alteration or addition.

(4) Where the Board is of the opinion that a national heritage shall be compulsorily

acquired for the public benefit, the Board may make a recommendation to that

effect to the Ministry responsible for the subject of lands.

(5) Where the Minister responsible for the subject of lands is satisfied that the

compulsory acquisition of a national heritage will be for the public benefit, he may

acquire the national heritage in accordance with the Land Acquisition Act.

14. Maintenance of national heritage

(1) The Board may, by written notice, request the owner of a national heritage to

maintain, or effect repairs to, the national heritage in such manner and within

such time as may be specified in the notice.

(2) The Director or any officer designated by him shall, for the purposes of inspection

and maintenance, have access to any national heritage at all reasonable times

after giving reasonable notice, in writing, to the owner.

(3) Where the Board is satisfied that the owner of a national heritage is unable to

maintain the national heritage, the Board may provide assistance to that owner,

in such manner as it deems appropriate.

(4) Any person who interferes with, hinders or obstructs -

(a) any inspection or maintenance work; or

(b) any officer in the exercise of his powers or duties under this Act,

shall commit an offence.

15. Powers of the Minister

(1) The Minister may give such directions of a general character to the Board not

inconsistent with the objects of the Fund, which he considers necessary in the

public interest, and the Board shall comply with those directions.

(2) The Board shall furnish to the Minister such information with respect to its

activities as the Minister may require.

(3) The Minister may, after consultation with the Board, by regulations, cancel the

designation of a national heritage where the national heritage has ceased to exist

or where it would no longer serve the public interest that the national heritage

remains so designated.

16. Prohibition on exports

No person shall export, or cause to export, a national heritage without the prior approval

of the Board.

17. Offences

(1) Any person who unlawfully -

(a) alters, damages, destroys, defaces, digs up, moves, changes, covers,

conceals or in any other way disfigures a national heritage;

(b) removes any part of a national heritage; or

shall commit an offence.

(2) Any person who commits an offence under this Act shall, on conviction, be liable

to a fine not exceeding 100,000 rupees and to imprisonment for a term not

exceeding 2 years.

18. Delegation of powers

Subject to such instructions and rules of a general nature as it may give or make, the

Board may delegate to the Chairperson or to the Director such of its powers under this

Act as may be necessary to assist it in the effective management of the Fund, other than

the power to -

(a) borrow money;

(b) raise loans; or

100,000 rupees.

19. Execution of documents

(1) Subject to subsection (2), all documents shall be deemed to be executed by or

on behalf of the Fund if signed by the Chairperson or the Director.

(2) Every cheque of the Fund shall be signed by any 2 of the following persons -

(a) the Chairperson;

(b) the Director; or

20. General Fund

(1) There shall be a General Fund -

(a) into which shall be paid -

(i) all monies accruing to the Fund, including all charges or fees that

may be prescribed;

(ii) all donations, grants and contributions received by the Fund; and

(iii) any other sum which may lawfully accrue to the Fund;

(b) out of which all payments required to be made by the Fund shall be

effected.

(2) The Board may establish such other special funds as it thinks fit for the

furtherance of its objects.

21. Donations and legacies

Article 910 of the Code Napoleon shall not apply to the Fund.

22. Exemptions

Notwithstanding any other enactment -

(a) the Fund shall be exempt from the payment of any duty, rate, charge, fee

or tax;

(b) no stamp duty or registration shall be payable in respect of any document

under which the Fund is the sole beneficiary.

23. Regulations

(1) The Minister may, after consultation with the Board, make such regulations as he

thinks fit for the purposes of this Act.

(2) Any regulations made under subsection (1) may provide -

(a) for the levying of fees or taking charges in respect of the activities

conducted or facilities provided by the Fund;

(b) that any person who contravenes those regulations shall commit an

offence and shall, on conviction, be liable to a fine not exceeding 50,000

rupees and to imprisonment for a term not exceeding one year; and

24. Repeal

The following enactments are repealed -

(a) the National Heritage Trust Fund Act;

(b) the National Monuments Act;

25. Consequential amendments

(1) Subject to subsections (2) and (3), the Schedule to the Statutory Bodies

(Accounts and Audit) Act is amended in Part II by deleting the words “National

Heritage Trust Fund” and replacing them by the words “National Heritage Fund”.

(2) For the purposes of the Statutory Bodies (Accounts and Audit) Act, the period

extending from the commencement of this Act to 30 June next following shall be

deemed to be the first financial year of the Fund.

(3) Section 7(1) of the Statutory Bodies (Accounts and Audit) Act shall apply in

relation to the first financial year of the Fund.

(4) The auditor to be appointed under section 5 of the Statutory Bodies (Accounts

and Audit) Act shall be the Director of Audit.

26. Transitional provisions

(1) All assets and liabilities of the National Monuments Board and of the National

Heritage Trust Fund shall be transferred to the Fund.

(2) A person who immediately before the day on which this Act comes into

operation, is employed by the National Heritage Trust Fund shall -

(a) where he is not employed by the Fund, be entitled to such compensation

as may be provided in his contract of employment or by law; and

(b) not be entitled to any compensation where that person is appointed to the

staff of the Fund without break in the continuity of employment and on

terms not less favourable than those of his previous employment with the

National Heritage Trust Fund.

(3) Where this Act does not make provision for the necessary transition from the

repealed enactments specified in section 24, the Minister may make such

regulations as are necessary for that purpose.

27. Commencement

This Act shall come into operation on a date to be fixed by Proclamation.

Passed by the National Assembly on the fourteenth day of October two thousand and

three.

André Pompon

Clerk of the National Assembly

SCHEDULE (section 2)

NATIONAL HERITAGE OF MAURITIUS PORT LOUIS DISTRICT

1. Aapravasi Ghat and the remaining part of the structure comprising it

2. Abreuvoir (New Moka Street)

3. Bowen Square

4. Canal Dayot Aqueduct

5. Central Market

6. Central Railway Station

7. Charles Henry Leal Tomb (Western Cemetery)

8. Chien de Plomb

9. Cimetière Breton (G.R.N.W.)

10. Colonel Joseph Yates Tomb (Western Cemetery)

11. D'Archibald de Litchfield Tomb (Western Cemetery)

12. Dominus Arthur Chicester Tomb (Western Cemetery)

13. Donjon St Louis and surrounding

14. Dr. F. Dauban Tomb (Western Cemetery)

15. Flour Mill (G.R.N.W.)

16. Fort Adelaide (CitadelIe)

17. Fort George

18. Fountain (Artillery Square)

19. Fountain (St Louis Cathedral)

20. French Batteries (Dumas)

21. French Retranchements (Pamplemousses Road)

22. General Jacob de Cordemoy Tomb (Western Cemetery)

23. Government House

24. Hospital (G.R.N.W.)

25. Ireland Blyth (Stone) Building, 10 Dr. Ferrière Street

26. Leoville L'Homme Tomb (Western Cemetery)

27. Leoville L'Homme Tomb (Western Cemetery)

28. Line Barracks

29. Lislet Geoffroy Tomb (Western Cemetery)

30. Louis Lechelle Tomb (Western Cemetery)

31. Malartic Tomb (Champ de Mars)

32. Mauritius Institute Building

33. Military Hospital

34. Monument commemorating the 141st anniversary of the abolition of slavery in Mauritius,

Jardin de la Compagnie ,

35. Monument commemorating the landing of Commandant Guillaume Dufresne on 20

September 1715, Robert Edward Hart Garden

36. Monument in memory of Soeur Marie Barthélemy, Jardin de la Compagnie

37. Monument of Revd. Mère Barthélemy (Western Cemetery)

38. Monument on Dr. Aimé Joseph Mailloux Tomb (Western Cemetery)

39. Monument on Remy Ollier Tomb (Western Cemetery)

40. Monument on Revd. Jean Lebrun Tomb (Western Cemetery)

41. Municipal Theatre

42. Old Grand River North West Bridge

43. Old Gas Factory (Pleasure Ground)

44. One monument erected in memory of Dr Horace Beaugeard (outside Western

Cemetery)

45. One monument erected in memory of the dead of 1892 cyclone (outside Western

Cemetery)

46. Post Office Headquarters Building (Ex Civil Hospital)

47. Prosper d'Epinay Tomb (Western Cemetery)

48. Revd. Sommuel Rock Tomb (Western Cemetery)

49. Signal Tower (Harbour and Quays)

50. Sir Lionel Smith Tomb (Western Cemetery)

51. Sir Robert Barclay Tomb (Western Cemetery)

52. Sir Seewoosagur Ramgoolam Residence (Wooden Building)

53. Statue of A. Remy Ollier, Jardin de la Compagnie

54. Statue of Adrien d'Epinay, Jardin de la Compagnie

55. Statue of Brown Sequard, Jardin de la Compagnie

56. Statue of Her Majesty Queen Victoria, Government House Compound

57. Statue of His Majesty Kind Edward VII, Champ de Mars

58. Statue of Leoville L'Homme, Jardin de la Compagnie

59. Statue of Mahé de Labourdonnais

60. Statue of Manilall Doctor, Jardin de la Compagnie, Port Louis,

61. Statue of Sir John Pope Hennessy, KCMG, Place Sookdeo Bissoondoyal

62. Statue of Sir W. Stevenson, KCB, Government House Compound

63. Statue of Sir William Newton, Place Sookdeo Bissoondoyal

64. Statue of V. I. Lenin, Robert Edward Hart Garden

65. Swinny Tomb (Western Cemetery)

66. The Charles Baissac Tomb (\\'estern Cemetery)

67. The Dr. Onesipho Beaugeard Tomb (Western Cemetery)

68. The Edith Cavell Government School (Port Louis)

69. The General Post Office

70. The Mercantile Bank Building

71. The Stone and Iron Works of Port Louis Market (Marché Central)

72. The Supreme Court Buildings

73. The Treasury Buildings

74. Tomb of Commodore House (Cemetery)

75. Tomb of Jean Pascal Dujonc de Boisquesnay, Western Cemetery (Old Cemetery)

76. Trou Fanfaron Police Station

77. Vagrant Depot

78. Victoria Station (G.R.N.W.)

79. Wenceslas Bojer Tomb (Western Cemetery)

PAMPLEMOUSSES DISTRICT

1. Abbe Buovanita Tomb (Pamplemousses Cemetery)

2. Adrien d'Epinay Tomb (Pamplemousses Cemetery)

3. Balaclava (Arsenal)

4. Batterie des Grenadiers (Pointe aux Piments)

5. Battery at Oberoi Hotel (Pointe aux Piments)

6. Battery at Pointe aux Cannoniers Hotel (Pointe aux Cannoniers)

7. Cere Tomb (Pamplemousses Gardens)

8. Charles Planel Tomb (Pamplemousses Cemetery)

9. Charles Thorny Pitot Tomb (Pamplemousses Cemetery)

10. Cimetière des Esclaves

11. Dr Goomany Tomb (Pointe aux Cannoniers)

12. Fort Albert (Tombeau Bay)

13. Lienard Memorial

14. Powder Magazine at Oberoi Hotel (Pointe aux Piments)

15. Magon de La Villebague Tomb (Pamplemousses Cemetery)

16. Model Factory (Pamplemousses Gardens)

17. Mon Plaisir Building (Pamplemousses Gardens)

18. Old Fort (Tombeau Bay)

19. Old Lighthouse (Pointe aux Cannoniers)

20. Powder House at Oberoi Hotel (Pointe aux Piments)

21. Powder Magazine (Pointe aux Cannoniers)

22. Prince Enelepola Monument

23. Ruins of French Arsenal (Baie aux Tortues)

24. Sugar Factory (Grande Rosalie)

25. The Presbytery (Pamplemousses)

26. Tower of Old Power Mill

27. Windmill Tower (Riche Terre)

RIVIERE DU REMPART DISTRICT

1. Monument commemorating the wreck of St. Géran (Poudre d'Or)

2. Old Windmill (Petit Paquet)

3. Transit of the Planet Venus Pillar (St. Antoine)

4. Windmill Tower of Belle Rive (Cap Malheureux) I

5. Windmill Tower of Forbach

FLACQ DISTRICT 1. Commerson Monument

2. District Court

3. Limekilns (Poste de Flacq)

4. Old Cemetery (Poste de Flacq)

5. Old Sugar Mill Chimney (Petite Retraite)

6. Pont D 'Epinay (Bramsthan)

7. Prisons of Belle Mare

8. Ruins of Quatre Cocos Factory

9. Sugar Factory (Belle Mare)

10. Tomb of Le Comte Gaud Louis Ravanel (St. Julien Cemetery)

11. Verandah of Manager's Residence (Constance)

GRAND PORT DISTRICT

1. Chateau Riche en Eau

2. Dutch Monument (Ferney)

3. Grand Port Battle Memorial (Pointe des Régates)

4. Ile de la Passe

5. Lighthouse (Ile aux Fouquets)

6. Maison Historique de Grand Port

7. Monument facing Railway Station (Wreck of Crysolite)

8. Monument to commemorate entry of sugar cane

9. Old Cemetery (Old Grand Port)

10. Old Disused Chimney (St. Hubert)

11. Old French Batteries (Grand Port)

12. Remains of Old French Battery (Anse Petite Sable)

13. Ruins of 1939-45 war buildings on top of the promontory, overlooking the whole of the

South East Coast

14. Ruins of French Batteries (Pointe du Diable)

15. Tour Hollandais (Old Grand Port)

SAVANNE DISTRICT

1. Bain des Négresses Bridge (Souillac)

2. Baron d'Unienville Tomb (Souillac)

3. Le Batelage Building (Souillac)

4. Maison St. Aubin

5. Police Station (Souillac)

6. Police Station (Tyack)

7. Telfair Monument

8. Trevessa Monument (Bel Ombre)

BLACK RIVER DISTRICT

1. Batterie de I'Harmonie

2. Colonel Draper Tomb (La Mivoie Cemetery)

3. La Tour Koenig

4. Martello Tower (La Preneuse)

PLAINES WILHEMS DISTRICT

1. Abbé de la Caille Memorial (Municipality of Curepipe Compound)

2. Carnegie Library (Curepipe)

3. Chapman Tomb (Beau Bassin)

4. Dr. Stadtman Tomb (Chebel)

5. Flinder's Memorial (La Marie)

6. Laperouse Memorial (Eau Coulée)

7. Old Labourers' Quarters (Trianon)

8. Post Office (Rose-Hill)

9. Private Cemetery of Martin-Moncamp Family (Trianon)

10. Statue of Aimé de Sornay, Municipality of Curepipe Compound

11. Statue of J.P. Toulet, Municipality of Curepipe Compound

12. Statue of Paul et Virginie, Municipality of Curepipe Compound

13. The Curepipe Town Hall

14. The Emmanuel Anquetil Tomb (St. Jean Cemetery)

15. The Monument aux Morts (Curepipe)

16. The Royal College (Curepipe)

17. Tomb of John Comber-Browne (St. Thomas Cemetery, Beau Bassin)

18. Plaza Theatre

MOKA DISTRICT

1. Government House, Le Reduit

RODRIGUES

1. Cannon (Pointe Canon)

2. Ex-Administration Block (Port Mathurin)

3. Garde Post (Mont Venus)

4. Ben Gontron House (Barclay Street, Port Mathurin)

5. Residency Buildings (Port Mathurin)

Mauritius

MU019

National Heritage Fund Act 2003