THE GOVERNMENT GAZETTE OF MAURITIUS
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THE GOVERNMENT GAZETTE
OF MAURITIUS
Published by Authority
No. 109 Port Louis : Saturday 29 August 2020 Rs. 25.00
TABLE OF CONTENTS
GENERAL NOTICES
1214 — Special Legal Supplement
1215 — Legal Supplement
1216 — Appointment
1217 — Appointment - Retirement
1218 — Notice under the Quarantine Act 2020
1219 ]
to ? Notice under the Land Acquisition Act
1220 )
1221 — Notice under the Land Acquisition Act - Corrigendum
1222 — Notice for Public Inspection of EIA Report
1223 — Invitation for Bids - Police Department - POLICE/IFB/2020/184
1224 — Election of Twelve (12) Members of the Nursing Council of Mauritius for the Period 2020 - 2023
1225 1
to / Notice under the Prevention of Corruption Act 2002 (PoCA 2002)
1226 '
1227 1
to ? Change of Name
1231 ‘
1232 — Employment Relations Tribunal - AWARD - ERT/RN 25/18 to ERT/RN 31/18
1233 — Notice under the National Land Transport Authority
1234 1
to ? Notipe under the Patents, Industrial Designs & Trademarks Act
1235 J
.SPECIAL LEGAL SUPPLEMENT
See General Notice No. 1214
LEGAL SUPPLEMENT
See General Notice No. 1215
3134 The Mauritius Government Gazette
General Notice No. 1214 of2020 T. M. Patten
for Secretary for Foreign Affairs
SPECIAL LEGAL SUPPLEMENT
Ministry of Foreign Affairs,
The undermentioned Bill is published in the Regional Integration and
Special Legal Supplement to this number of the International Trade
Government Gazette:
A Bill “To amend the Criminal Code”.
General Notice No. 1217 of2020
(Bill No. XIII of 2020)
APPOINTMENT
Prime Minister’s Office, 1.
Mrs Zahira Bibi AULADIN-
Port Louis. AUCKBURALLY, Deputy Permanent Secretary,
This 29th August, 2020. Ministry of Land Transport and Light Rail has
been assigned the duties of Permanent Secretary at
the Ministry of Land Transport and Light Rail from
24 to 28 July 2020 during the absence on leave of
General Notice No. 1215 of2020 Mrs Moheenee Nathoo, Permanent Secretary.
LEGAL SUPPLEMENT 2. Mrs Shakuntala Devi GUJADHUR-
The undermentioned Government Notices are NOWBUTH, Deputy Permanent Secretary, has
published in the Legal Supplement to this number been offered appointment as Permanent Secretary
of the Government Gazette: in a substantive capacity as from 05 August 2020.
The District Council of Black River (Traffic 3. Mr Marie Joseph RAMSAMY, Deputy
Centre) Regulations 2020. Permanent Secretary, has been offered appointment
as Permanent Secretary in a substantive capacity as
(Government Notice No. 194 of2020)
from 05 August 2020.
The Rodrigues Consumer Protection (Control RETIREMENT
of Price of Taxable and Non-taxable Goods) 1. Mrs Nirmala BHEENICK, Senior Chief
(Amendment No. 21) Regulations 2020. Executive, Ministry of Gender Equality and
(Government Notice No. 195 of 2020) Family Welfare, will retire from the public service
on ground of age on 01 September 2020.
The Rodrigues Consumer Protection (Control Dated this 20 August 2020.
of Price of Taxable and Non-taxable Goods)
Ministry of Public Service, Administrative
(Amendment No. 22) Regulations 2020.
and Institutional Reforms
(Government Notice No. 196 of2020)
General Notice No. 1218 of2020
Prime Minister’s Office,
Port Louis. NOTICE UNDER SECTION 4(1) OF
THE QUARANTINE ACT 2020
This 29th August, 2020.
WHEREAS section 4(1) of the Quarantine
Act 2020 provides that where the Minister
considers that it is necessary and expedient to
General Notice No. 1216 of2020
prevent the introduction and spread in Mauritius
APPOINTMENT a communicable disease, he shall, by notice
published in the Gazette, declare that -
H. E. Ambassador Mr. Haymandoyal
DILLUM has been appointed as Secretary for (a) there is or is likely to be an epidemic of the
Foreign Affairs with effect from 10 August 2020. disease; and
29 August 2020 3135
(b) a quarantine period shall be in force in BUS WELL”, by virtue of title deed transcribed in
Mauritius, or part thereof, as from such volume TV 1795/10 and is bounded as follows:-
date as may be specified in the notice.
- Towards the North West, by surplus
2. WHEREAS I was satisfied that it was necessary of land belonging to “SYNDICAT DE
and expedient to prevent the introduction and COPROPRIETAIRE DE RESIDENCE
spread of COVID-19 in Mauritius, I ordered, by BUSWELL”, on two lines measuring forty
virtue of General Notice No. 699 of 2020, that - one metres and eighty eight centimetres
(a) there was an epidemic of COVID-19; and (41.88m) and five metres and twenty five
centimetres (5.24m) respectively.
(b) a quarantine period shall be in force
in Mauritius for the period starting on - Towards the South East, by a pavement one
12 June 2020 and ending on 31 August 2020. metre and forty five centimetres (1.45m)
wide, bordering a drain one metre (1.00m)
3. NOW, THEREFORE, in view of the fact that I
and a reserve one metre (1.00m) wide along
am still satisfied that it is necessary and expedient to
St Jean Road (A8), on forty seven metres
prevent the introduction and spread of COVID-19
and six centimetres (47.06m).
in Mauritius, I do hereby -
(a) declare that there is still an epidemic of - Towards the South West, by Portion No.
COVID-19; and 57 (SJ 48) already acquired by the State of
Mauritius by virtue of TV202007/001152,
(b) extend the quarantine period in Mauritius on one metre and thirteen centimetres
from 31 August 2020 to 31 October 2020. (1.13m).
28 August 2020
Portion No. 58 (SJ 49B) of the extent of
DR. K. K. S. JAGUTPAL
fourteen and thirty hundredths square metres
Minister ofHealth and Wellness
(14.30m2) [PIN 1721320113, PCR 8969/2020] is
excised from two contiguous plots of land of the
First Publication extent of one hundred and eighteen and half toises
(118 V2 Ts) each belonging to “SYNDICAT DE
General Notice No. 1219 of2020
COPROPRIETAIRE DE RESIDENCE
THE LAND ACQUISITION ACT
BUS WELL”, by virtue of title deed transcribed
(Notice given under Section 8) in volume TV 1795/10 and is bounded as follows:-
Notice is hereby given, that I have decided
- Towards the North East, by Avenue Buswell,
to acquire compulsorily two(2) portions of land
on twelve metres and sixteen centimetres
on behalf of the State of Mauritius, hereinafter
(12.16m).
described, located at St Jean Road, Quatre
Bornes in the district of Plaines Wilhems for the - Towards the South East, by a pavement one
public purpose of accommodating a footpath, metre and forty five centimetres (1.45m)
drain, proposed utility corridor and electric wide, bordering a drain one metre (1.00m)
mast in connection with the Metro Express wide along St Jean Road (A8), on one metre
Project (Phase II). and ninety eight centimetres (1.98m).
DESCRIPTION
- Towards the South West, by surplus
Portion No. 58 (SJ 49A) of the extent of of land belonging to “SYNDICAT DE
forty nine and sixth hundredths square metres COPROPRIETAIRE DE RESIDENCE
(49.06m2) [PIN 1721320114, PCR 8969/2020] BUSWELL”, partly on a developed length
is excised from two contiguous plots of land of measuring two metres and thirty four
the extent of one hundred and eighteen and half centimetres (2.34m), and partly on four lines
toises (118 Vi Ts) each belonging to “SYNDICAT measuring seven metres and five centimetres
DE COPROPRIETAIRE DE RESIDENCE (7.05m), fifty six centimetres (0.56m), two
3136 The Mauritius Government Gazette
metres and eighty seven centimetres (2.87m) and holding a National Identity Card bearing
and forty nine centimetres (0.49m). No. R110849012186G as evidenced by a deed
The whole as morefully shown on a plan transcribed in Volume TV201702/002006 and is
registered at the Cadastre Unit, referenced bounded as follows:-
ACQ/75/000671, drawn up by Mr. Naheed Idbal Towards the North East by the axis of a common
TORABALLY, Government Land Surveyor on and party road 3.66m wide as morefully described
10/08/2020. on the plan mentioned below on eight metres and
forty three centimetres (8.43m).
The plan may be inspected by the public at
Towards the South East by the surplus of land
the Archives Section on the second floor, at the
belonging to Mr. Jairaj RAMKISSOON on one
Ministry of Housing and Land Use Planning,
hundred and twenty five metres and seventy seven
Plot 52, Ebene Tower, Ebene Cybercity during
centimetres (125.77m).
office hours.
Towards the South West by the axis of a common
Every interested person is required to give to and party road 3.05m wide on eight metres and
the Authorised Officer within fourteen (14) days forty eight centimetres (8.48m).
of the second publication of this Notice in the
Towards the North West by the axis of a common
Government Gazette, a written declaration of the
and party road 3.05m wide on one hundred and twenty
nature of his interest in the land and of the amount
five metres and forty two centimetres (125.42m).
and details of his claim for compensation.
The whole as morefully shown on a plan
Date: 24/08/2020 registered at the Cadastre Unit as ACQ/75/000623
and PCR 3398/2020, drawn up by Mr. Rishi
The Honourable Louis Steven OBEEGADOO Kumar Bhekharee, Government Land Surveyor
Deputy Prime Minister on 27/02/2020.
Minister of Housing and Land Use Planning
The plan may be inspected by the Public at the
Minister of Tourism
Archives Office of the Ministry of Housing and
Ebene Tower
Lands, Ebene Tower, Ebene during office hours.
Ebene
Every interested person is required to give to
the Authorised Officer within fourteen (14) days of
First Publication the second publication of this Notice in the Gazette
General Notice No. 1220 of2020 a written declaration of the nature of his interest in
the land and the amount and details of his claim for
LAND ACQUISITION ACT compensation.
(Notice given under Section 8)
Date: 24/07/2020
Notice is hereby given that I have decided to The Honourable Louis Steven OBEEGADOO
acquire compulsorily on behalf of the State of Deputy Prime Minister
Mauritius a portion of land, heinafter described, Minister of Housing and Land Use Planning
situate at Belle Vue Pilot, Fond Du Sac in the Minister of Tourism
district of Pamplemousses for the public purpose Ebene Tower, Ebene
of the Construction of drains in the context of
Flood Mitigation Measures at Fond du Sac.
DESCRIPTION General Notice No. 1221 of2020
Portion No. 22 of the extent of one THE LAND ACQUISITION ACT
thousand and sixty square metres (1060m2) (Notice given under Section 8)
[PIN 1206090359] excised from a portion of land
CORRIGENDUM
of the extent of fifty thousand four hundred and
thirty nine square metres (50,439m2) belonging to In the Notice given under Section 8 of the Land
Mr. Jairaj RAMKISSOON, born on 11/08/1949 Acquisition Act dated 22/02/2019 containing
29 August 2020 3137
the description of a portion of land being First Publication
Portion No. 24 [PIN: 1206130074] situate General Notice No. 1222 of2'020
Belle Vue Pilot and Fond Du Sac in the district
of Pamplemousses for the public purpose of the MINISTRY OF ENVIRONMENT, SOLID WASTE
Construction of drains in the context of Flood MANAGEMENT AND CLIMATE CHANGE
Mitigation Measures, published in the Government NOTICE FOR PUBLIC INSPECTION OF
Gazette in its issues of 9/03/2019 and 23/03/2019
EIA REPORT BY BEALPORT
under General Notice No. 323 of 2019 and No. 488
INDUSTRIES LTD
of 2019 and transcribed on 15/04/2019 in Volume
TV201904/001250, the words and figures are Notice is hereby given under Section 20 of
hereby deleted and replaced by the words and the Environment Protection Act 2002 by the
figures as follows:- Department of Environment, Ministry of
(i) “intends to acquire ” by “has decided to Environment, Solid Waste Management and
acquire” wherever they appear; Climate Change that an application for an EIA
(ii) “Belle Vue Pilot and Fond Du Sac” by Licence has been submitted on 25 August 2020
“Belle Vue Pilot, Fond Du Sac” wherever under Section 18(1) of the Act for a scheduled
they appear; undertaking and that the EIA report shall be opened
(iii) “ninety two (92) portions of land” by “a for public inspection.
portion of land” wherever they appear”; (a) The undertaking concerns the proposed
(iv) “is to be excised from a portion of land modification of existing coastline,
of fifty thousand four hundred and thirty construction of groynes and beach
nine square metres (50,439m2)” by “is nourishment at Constance Prince Maurice
to be excised from a portion of land of Hotel by Beauport Industries Ltd.
forty eight thousand three hundred and
seventy one and seventeen hundredths (b) The location of the proposed undertaking is at
square metres (48,371.71m2) or eleven Poste de Flacq, in the District of Flacq.
arpents and forty six square perches
(c) The report may be inspected during normal
(11A46P)” wherever they appear;
office working hours (i.e. 08.45 hrs to 12.00
(v) “belonging to Mr. Jairaj RAMKISSOON hrs and 12.30 hrs to 16.00 hrs) at the Resource
as evidenced by title deed transcribed
Centre of the Department of Environment,
in Volume TV201702/002006” by
Ground Floor, Ken Lee Tower, Cnr. Barracks
“belonging to Heirs of late Oudyesing
and St. Georges Streets, Port Louis and at the
PURGUS who was born on 16/04/1957,
District Council of Flacq
as evidenced by a deed transcribed in
Volume TV 1490/46 and by an affidavit The report may also be inspected on the
of succession transcribed in Volume
portal of the Economic Development
TV 8058/30” wherever they appear;
Board at the following address:
(vi) “ACQ/75/000523 and PCR 604/2019” by https://business.edhmauritius.org and public
“ACQ/75/000623 and PCR 3398/2020” comments should be submitted online at
wherever they appear and the above address by 16 September 2020
(vii) “on 15/02/2019” by “on 27/02/2020” at latest.
wherever they appear.
27 August 2020
Date: 24/07/2020
The Honourable Louis Steven OBEEGADOO Department of Environment
Minister of Housing and Land Use Planning Ministry of Environment,
Ebene Tower Solid Waste Management and
Ebene Climate Change
3138 The Mauritius Government Gazette
Second and Last Publication 4. Bidders who have submitted bids online
General Notice No. 1223 of2020 by the closing date and time shall decrypt and
re-encrypt their bids from Tuesday 15 September
Police Department
2020 at 14.16 hours till Thursday 17 September
INVITATION FOR BIDS (IFB) 2020 at 13.25 hours.
(Authorised under Section 16 of 5. Bids will be opened online in the presence
the Public Procurement Act 2006) of the bidders’ representatives who choose to
Procurement of Medicines attend at the address given hereunder on Thursday
17 September 2020 at 13.30 hours.
Procurement Ref. No: POLICE/IFB/2020/184
Police Headquarters,
1. The Police Department is inviting bids from
Conference Room,
eligible bidders of Mauritian nationals or entities
Line Barracks,
incorporated in Mauritius through the Government
Port Louis
eProcurement System for the Procurement of
Medicines. 6. The Police Department reserves the right
to accept or reject any bid and to annul the bidding
2. Bidding documents may be process and reject all bids at any time prior to
downloaded from the eProcurement System award of the Contract, without thereby incurring
https://eproc.publicprocurement.govmu. org. Reference any liability to any Bidder.
Number on the system POLICE/IFB/2020/184
Police Department
3. Bids must be submitted online on the Line Barracks
eProcurement System at latest by Tuesday Port Louis
15 September 2020 up to 13.30 hrs (Local Time) 14 August 2020
General Notice No. 1224 of2020
THE NURSING COUNCIL ACT 2003
[Paragraph 4(a) of Schedule]
ELECTION OF TWELVE (12) MEMBERS OF THE NURSING COUNCIL OF MAURITIUS
FOR THE PERIOD 2020 - 2023
NOTICE OF POLLING DAY
Notice is hereby given to all registered nurses or midwives that a poll for the election of twelve (12)
members of the Nursing Council of Mauritius for the period 2020 - 2023 will be conducted by the Office of
the Electoral Commissioner on Saturday the nineteenth (19lh) day of September, 2020 between the hours
of 7.30 a.m. and 2.30 p.m. at the following polling stations:
Polling Stations
For nurses/midwives posted at:
Name Address
Raoul Rivet A.G. Jeetoo Hospital, City Clinic, Chisty Shifa Clinic,
Port Louis
Government School Comjnunity - Midwives Region 1, Aids Unit
BSMHCC, Prisons Department, Clinique Bon Pasteur,
Nurses Network Coromandel
Community Rose. Hill
Tamil Temple Moka Eye Hospital, Wellkin Hospital, Clinique
Moka
Federation Centre Mauricienne, Community St Pierre
Mauritius Institute of SSRNH/Mt. Longue, Cardiac Trust, Poudre D’Or, Clinique
Pamplemousses
Health du Nord, Community SSRNH - Midwives Region 2_____
29 August 2020 3139
Flacq Hospital, Community Flacq - Midwives Region 3
Darwin College Flacq
Aegles’s Clinic
JNH, Mahebourg, Souillac, Community Rose Belle -
Youth Centre Rose Belle
Midwives Region 4
Victoria & ENT Hospital, Yves Cantin, Medisave, Clinique
Cooperative Multi-
Quatre Bornes Candos, Central School of Nursing, Blood Transfusion
Purpose Complex
Service, Clinic St Jean, Midwives Region 5
Queen Elizabeth
Queen Elizabeth Hospital, all Area Health Centers and
Hospital (Antenatal Rodrigues
Community Health Centers in Rodrigues
Outpatient Clinic)
Nursing Council of La Vigie, Forest Side
Clinique Muller, Clinique Ferrière, Fortis Darné
Mauritius (behind SBM Park)
Any Polling station Registered retired Nurses and Midwives or those on Leave
And that the candidates nominated for the seven categories of nurses or midwives are as follows:
SECTION A
Category:- GENERAL NURSING (5 candidates to be elected)
S.N. Surname and other names Address
1. BABUBUDJNAUTH, Rishi Royal Rd., Poste de Flacq
2. BAGRATEE, Dharamsing 12, Boodhoo Rd., Rivière du Poste
3. BALLUCK, Dipnarain Saint Remy, Flacq
4. BOOJHAWON, Ranveer Boojhawon Rd., Upper Dagotière
5. BUNGARADU, Mayavadee Shree Krishna Lane, St. Joseph, More. Peerun,
Terre Rouge
6. CURPEN, James Westley Royal Rd., Queen Victoria, Central Flacq
7. DHURMAH, Krist More. Pilot Lane, Forest Side
8. FOOLCHAND, Dhunraj Royal Rd., Saint Julien Village
9. GAUZEL, Muammar Al-Irrshad Khan Royal Rd., L’Escalier
also known as Maik
10. GOVIND, Atmaram Boolell Rd., Melrose
11. HOSENBOCUS, Mohammad Elias Branch Rd., Pont Blanc, Flacq
12. KASSEEAH, Parvatee Royal Rd., Ecroignard, Flacq
13. MAISTRY, Pratima Neeliah 101, Giquel St., Eau Coulée
14. MANNARAM, Rajiv Les Guibies, Pailles
15. PUTTY, Hemawtee 129, Rotin Lane, Palma Rd., Quatre Bornes
16. RADHAY, Jagdish Rue Giquel, Eau Coulée
17. ROLAND, Gilbert 4, Jules Mallac St., Tranquebar, Port Louis
18. SHAM, Yogeshsing St. François Rd., Trois Bras, Petit Raffray
19 SUGGUN, Anil Kumar Tyack, Rivière des Anguilles
3140 The Mauritius Government Gazette
SECTION B
Category:- PSYCHIATRIC NURSING (1 candidate to be elected)
S.N. Surname and other names Address
1. ARMOOGUM, Saroj 26C, Raymond Rivet St., Mont Roches
2. BUDHOO, Ragnee Begue St., Hollyrood, Vacoas
3. GUNGADEEN, Utum Kumar Anadourai Rd., Roche Terre, Grand Gaube
SECTION C
Category:- NURSING OR MIDWIFERY EDUCATION (1 candidate to be elected)
S.N. Surname and other names Address
1. SEEWOOSUNGKUR-JAGUTPAL, 76, Rotin No. 2, La Source, Quatre Bornes
Savitah
2. SOOKUN, Waheda Bibi 10, Rennards St., Beau Bassin
SECTION D
Category:- COMMUNITY HEALTH NURSING (1 candidate to be elected)
S.N. Surname and other names Address
1. JHOTY, Sudhir Royal Rd., Brisée Verdière
2. KHEDOO, Priyadharshini Royal Rd., Chamouny
3. MEETOO, Bhye Nizam Independence Rd., Pamplemousses
SECTION E
Category:- MIDWIFERY (1 candidate to be elected)
S.N. Surname and other names Address
1. ALIRAJA, Bibi Zaiboon Neshan Pellegrin Rd., Sebastopol
2. APPADU, Prishila D11, Gris Gris, Souillac
3. NOBIN, Molinee Branch Rd., Petite Julie
SECTION F
Category:- NURSING ADMINISTRATION (NURSING SUPERVISORS & ABOVE)
(1 candidate to be elected)
S.N. Surname and other names Address
1. BOODHOO, Mohanlall 33, Pointe. D’Esny Rd., More. Beau Vallon, Mahebourg
2. MODI, Veejay Kumar Royal Rd., Mont Ida
3. SAMYNADEN, Devagee Amal Bahadoor Rd., Goodlands
SECTION G
Category:- NURSING OFFICERS FROM THE PRIVATE SECTOR
(2 candidates to be elected)
S.N. Surname and other names Address
1. GUNGABEESSOON, Devendrasingh Royal Rd., Pont Colville, Nouvelle France
2. HEERRALAUL, Nalini 46 B, Rempart Rd., Glen-Park, Vacoas
29 August 2020 3141
3. LADOUCEUR, Odille Natalie 5, More. La Rosette, Sivananda Rd., Floreal
4. MAKHUN, Shivanand Swaraj Rd., Petit Raffray
5. REESAUL, Narendredeo 140, Reservoir Rd., Camp Fouquereaux, Phoenix
6. SOOKRAH, Prisheela Sushil Lane, Riche Terre, Terre Rouge
of which all persons are hereby required to take notice and govern themselves accordingly.
Directions to voters
1. Each elector MUST produce his/her National Identity Card when he/she applies for a ballot paper,
failing which he/she will NOT be authorized to vote.
2. Each elector will be issued with a ballot paper comprising seven (7) sections namely:-
Section A: Candidates from the General Nursing category
Section B: Candidates from the Psychiatric Nursing category
Section C: Candidates from the Nursing or Midwifery Education category
Section D: Candidates from the Community Health Nursing category
Section E: Candidates from the Midwifery category
Section F: Candidates from the Nursing Administration (Nursing Supervisors & above)category
Section G: Candidates from the Nursing Officers from Private Sector category
3. Each elector shall vote in all the seven sections and for twelve (12) candidates, namely:
(i) five (5) candidates from the category of General Nursing (Section A);
(ii) one (1) candidatefrom the category of Psychiatric Nursing (Section B);
(iii) one (1) candidate from the category of Nursing or Midwifery Education (Section C);
(iv) one (1) candidate from the category of Community Health Nursing (section D);
(v) one (1) candidate from the category of Midwifery (section E);
(vi) one (1) candidate from the category of Nursing Administration (Nursing Supervisors & above)
(section F); and
(vii) two (2) candidates from the category of Nursing Officers from Private Sector (section G)
by marking the ballot paper with a cross (x) opposite the name of each candidate of his/her choice.
4. If an elector votes for MORE candidates or a LESSER number of candidates than the number required
in each section or does not vote in any of the seven sections or places any mark or writing on the ballot
paper by which he/she could afterwards be identified, his/her vote(s) will be void and will not be counted.
5. If an elector inadvertently spoils a ballot paper, he/she may return it to the Presiding Officer, who, on
being satisfied of the fact, will give him/her another ballot paper.
6. Registered nurses or midwives will normally vote at the polling stations earmarked for their respective
sites of work as listed above. However, those who will be on leave on polling day may, exceptionally vote
at any other polling station, after the necessary verifications have been carried out in order to prevent double
or multiple voting.
7. All retired nurses or midwives will vote at the polling station nearest to their residence.
3142 The Mauritius Government Gazette
8. An elector who has appointed a proxy to vote on his behalf will not be entitled to vote in person
Given under my hand at the seat of the Council, La Vigie, Forest Side, this 26 August 2020.
F- Supparayen
Registrar
Nursing Council of Mauritius
General Notice No. 1225 of2020
INDEPENDENT COMMISSION AGAINST CORRUPTION (ICAC)
(established under s,19(l) ofPrevention of Corruption Act 2002 as subsecpiently amended PoCA 2002)
NOTICE PUBLISHED UNDER SECTION 56(3)(A) OF (POCA 2002)
NOTICE is hereby given that, on an application made by the Independent Commission Against
Corruption (ICAC), an Order has been made on 17th August 2020 by the Honourable Judges at Chambers,
as follows:-
(a) (i) attaching in the hands of all banks, non-bank deposit-taking institutions, foreign exchange
dealers, money changers and insurance companies, all money due or owing or belonging to
or held on behalf of Phil Alain Didier Company Ltd (Administrator Appointed) as well
as any assets or policies (motors and non-motors) belonging to and/or subscrbied by it;
(ii) attaching in the hands of (i) Super Oil Ltd, (ii) Tooling & Engineering Products Ltd,
(iii) Solenerg Ltee, (iv) Tombeau Bay Machanical Multipurpose Cooperative Society
Limited, (v) Pleasure Circuit Ltd, (vi) Eaglewatch Co Ltd, (vi) Club Forteen Company
Ltd, (viii) Ecoblock Co Ltd, (ix) Maharashtra Co Ltd, (x) Western Cape Co Ltd, (xi)
Western Plains Co Ltd, (xii)Comfort Homes Ltd, (xiii) Stockbuild Ltd, (xiv) Four II
Company Ltd, (xv) Pad Green Co Ltd, (xvi) Neuchâtel Ltd, (xvii) Société Brahman,
(xviii) Baumax Rentals Ltd, (xix) Pad Properties Co Ltd, (xx) Green Bay, (xxi) Société
Ankura, (xxii) Padco Seychelles, (xxiii) PAD Construction Ltd, (xxiv) JV Pad Co Endem
Ltd, (xxv) Waterwoods Ltd, (xxvi) Fat Choy Ltd, (xxvii) Hotel Essentials Ltd, (xxviii)
Cyberplex Ltd, (xxix) Consortium Suzlon-Padgreen Co Ltd, (xxx) Arthur & Morgane
Ltd, (xxxi) Premier Asphalt Const ‘N Enter’ Co Ltd, (xxxii) Propub Co. Ltd, (xxxii)
Super Beach Club Co Ltd, (xxxiii) Palmsprings Company Ltd, (xxxiv) Club Fourteen
Company Ltd, (xxxv) Cluster Fourteen Company Ltd, (xxxvi) Royal Building Systems
(Mauritius) Limited, (xxxvii) Société 3h, (xxxviii) Société Clear Water, (xxxix) Société
P. Hao, (xl) Société Noaj, (xii) Promotion Immo Tab Ltee, (xiii) K. Bissessur Co. Ltd,
(xliii) Cejema (Mauritius) Ltd, (xliv) P.R.P Consolidated Ltd, (xiv) Maphil Co Ltd,
(xlvi) Next Properties Ltd, (xlvii) Id Properties Ltd, (xlvii) Waterwoods Co Ltd, (xlix)
Morphos Architects Co Ltd, (L) Innovca Design Co Ltd, all money due or owing or
belonging to or held on behalf of (i) Phil Alain Didier Company Ltd (Administrator
Appointed), (ii) Hao Thyn Voon HA SHUNN ID H300941290966G, (iii) Philippe Alain
Hao Thyn Chuan HA SHUN NID 11240768310578B, (iv) Mrs Chin Yian Ha Shun born
Ah See NID A0806410110370 and (v) Didier Kwet Chan Hao Thyn Voon HA SHUN NID
H290774280453A; as shares, dividends, loans rights, or others
(iii) attaching both in the hands of all leasing companies and in the hands of (i) Phil Alain
Didier Company Ltd (Administrator Appointed), (ii) Hao Thyn Voon HA SHUN
NID H300941290966G, (iii) Philippe Alain Hao Thyn Chuan HA SHUN NID
H240768310578B, (iv) Mrs Chin Yian Ha Shun born Ah See NID A0806410110370 and
(v) Didier Kwet Chan Hao Thyn Voon HA SHUN NID H290774280453A as lessees, all29 August 2020 3143
motor vehicles, plants, equipment and other assets purchased on lease; most especially the
following assets, viz:-
Company Description Lease Reference Bank
Arthur & Morgane Ltd Equipment 002NLRE152860001
Morphos Architects Jaguar F PACE - 12221 FB 002NLRC170450001
17
Mini Cooper Countryman - 002NLRC192620001
8188 SP 19
KIA K2700 002NLRE152890002
UB TRUCK MAKE 180 002NLRC173390005
BOBCAT SKI STEER 002NLRC173330001
BAUMAX
LOADER S450
RENTALS LTD
BOMAG TANDEM 002NLRC192670001
ROLLERS ABC Banking
Corporation Ltd
EICHER PRO 2049B 002NLRC193650001
BAUMAX
EICHER PRO 2049B 002NLRC200080001
RENTALS LTD
Minipelle Kubota 002NLRC192690004
HINO XZU720RWKFRK3 002NLRC201410001
Porsche Macan bearing
registration mark Hl314
Company Description Registration No.
Mitsubishi Sportero H1174
Volswagen Touareg Hl 074
Super Beach Club Co Ltd
Pickup J55 2974 JU 07
Olympian Generator
BMW X5 5828 AG 14
Nissan Pick Up D22 2728 MY 08
Nissan March 5146 ZX 09
Ford Ranger 3890 JU 08
Morphos Architects Co Ltd Nissan Juke 8950 DC 14
BMW X3 428 JN 09
BMW X3 XDRIVE 201 AUTO -
LANDROVER 4828 AG 08
GMW SAILOR D/CAB 3708JL 10
Equipment - 1 Xerox DC 400 -
Photocopier
Phil Alain Didier Company Ltd BMW 116i 1468
GWM Sailor Double Cab 2076 AP 10
Sailor Double Cab 2078AP 10
Sailor Double Cab 2079 AP 10
Bobcat Telescopic Handler 2007 Equipment
Atlas - CT Hydraulic Breaker Equipment
MB1700DUST
BMW X6 XDrive 35i Hl 143144 The Mauritius Government Gazette
(iii) attaching in the hands of (i) Phil Alain Didier Company Ltd (Administrator Appointed)
(ii) Hao Thyn Voon Ha Shun, (iii) Philippe Alain Hao Thyn Chuan Ha Shun, (iv) Mrs
Chin Yian Ha Shun born Ah See and (v) Didier Kwet Chan Hao Thyn Voon Ha Shun
all furniture, movable properties, portions of land, whether as owners or as lessees or in any
other capacity or capacities, flats, apartments and immovable properties;
(v) attaching in the hands of (a) Philippe Alain Hao Thyn Chuan Ha Shun the following
pleasure crafts bearing licence numbers, namely, (i) PPC 6092-0L-12, and (ii) PPG 6043-
OL-10, and (b) Phil Alain Didier Company Ltd (Administrator Appointed) pleasure craft
bearing licence number PPC 6824 - OL-05
(vi) attaching in the hands of (i) Phil Alain Didier Company Ltd (Administrator Appointed),
(ii) Hao Thyn Voon Ha Shun, (iii) Philippe Alain Hao Thyn Chuan Ha Shun, (iv) Mrs
Chin Yian Ha Shun born Ah See and (v) Didier Kwet Chan Hao Thyn Voon Ha Shun
and its related companies, namely, all money, dividends or shares that may be payable or
attributed to them as beneficial owners;
(vii) attaching in the hands of (i) Phil Alain Didier Company Ltd (Administrator Appointed),
(ii) Hao Thyn Voon Ha Shun, (iii) Philippe Alain Hao Thyn Chuan Ha Shun, (iv) Mrs
Chin Yian Ha Shun born Ah See and (v) Didier Kwet Chan Hao Thyn Voon Ha Shun, as
beneficial owners, all shares in PADCO, its related companies and other companies, as well
as all motor vehicles, motorcycles, portions of land, apartments, flats, bungalows and other
immovable properties, furniture, household equipment, electrical appliances and pleasure
crafts as beneficial owners;
(viii) attaching in the hands of Arthur and Morgane Ltd the sum of Rs 8,166,333 representing
the shareholder’s loan made by Philippe Alain Hao Thyn Chuan Ha Shun and directing
the said company to hand overt he said sum to Applicant within one week as from the date of
service of the present Order to be credited in an account held with SBM Bank( Mauritius) Ltd;
(ix) attaching in the hands of the following entities one twelfth of each payment, totaling to Rs
524,768,458 to be made to Phil Alain Didier Company Ltd (Administrator Appointed)
in respect of following on-going projects, namely,
Remaining Value of
No Entities Project Value of Works (Rs)
Works (Rs)
Airport of Mauritius Ltd Construction of 305,000,000 16,379,178
(AML) Control Tower
1.
by EEE-UG
Dumas
2. Iconebene Ltd Ebene Square 45,234,252 23,500,000
________ _ _ _______ _
3 Road Development CEB - St 1,937,750 8,669,375
Authority Georges Power
Station
4. National Development Cruise Terminal 86,448,821 32,343,582
Unit
5. Central Electricity Board CEB 5,255,500
(CEB) Framework Framework
(x) attaching in the hands of (i) Philippe Alain Hao Thyn Chuan Ha Shun the leasing rights
in a portion of land of the extent of one thousand six hundred and eighty-eight and thirty
hundredths square metres(l ,688 m2) being part of Lot 2-57 of Pas Géométriques Grand Bay-
Mont Oreb situate at Grand Bay in the district of Riviere du Rempart (Pin 1305190020)and29 August 2020 3145
(ii) Hao Thyn Voon Ha Shun and Mrs Chin Vian Ha Shun, born Ah’See the leasing rights
in a portion of land of the extent of one thousand two hundred and sixty-six and twenty-six
hundredth square metres (1266.26m2) being part of Pas Géométriques Mont Oreb situate in
Zone A at Grand-Bay in the district of Riviere du Rempart, together with a total of sixteen
(16) self-contained apartments and two villas of four bedroom each on the said portions of
land which are managed and operated by Super Beach Club Co Ltd;
(b) requiring all the abovenamed parties menitoned in (a) (i) to (x), within 48 hours of service of
the Order, to declare in writing to the Applicant the nature and source of all moneys, assets, all
immovable properties or policies belonging to and subscribed by them, and so attached;
(c) prohibiting all the abovenamed parties mentioned in (a) (i) to (x), from transferring, pledging or
otherwise disposing of the moneys, assets, all immovable properties or policies belonging to and
subscribed by them, except upon an Order from the Honourable Judge sitting at Chambers, and
(d) restraining and prohibiting the (i) Central Depository and Settlement Ltd, all companies keeping
Share Registers from registering any sale, transfer, and cession of shares; (ii) National Land
Transport Authority, for the transfer or sale of motor vehicles or motor cycles; (iii) Registrar-
General and all notaries from drawing up any deed of sale of immovable property, housing
complex, flats, villas, transfer of lease, “cession des parts”, any right “translatif de propriété”, any
right in “vente en état d’achevement futur (VEFA)”, for drawing any deed for floating charge, fixed
charge, mortgage or any right created on movable or immovable properties; (iv) leasing companies
from issuing any clearance in respect of the settlement of lease for any vehicle, plants or equipment
purchased on lease (credit bail); and (v) Tourism Authority for the transfer of licence for any
pleasure craft, in respect of all the parties mentioned in prayer 36(a) (i) and (ii) above.
THE said Orders have been filed in the Registry of the Supreme Court of Mauritius.
THE attention of all banks, financial institutions, cash dealers and any other person who may hold or
be vested with property belonging to or held on behalf of the abovenamed persons, is hereby drawn to the
above Order so that they may take note thereof and govern themselves accordingly.
Under all legal reservations.
Dated at Le Réduit, this 26th day of August, 2020.
(Sultan SOHAWON)
of ICAC Headquarters, Réduit Triangle, Moka
Applicant’s Attorney
General Notice No. 1226 of2020
INDEPENDENT COMMISSION AGAINST CORRUPTION (ICAC)
(established under s. 19(1) ofPrevention of Corruption Act 2002 as subsequently amended PoCA 2002)
NOTICE PUBLISHED UNDER SECTION 56(3)(A) OF (POCA 2002)
NOTICE is hereby given that, on two applications made by the Independent Commission Against
Corruption (ICAC), the Honourable Judges at Chambers have made an Order in each case, as follows:-
A. (a) attaching into the hands of Atmah Pentiah holder of NIC No. P1803744604420, a two-
storey house constructed by the said Louis John Brant Vivien, situate on a plot of land
belonging to the said Atmah Pentiah at Rajiv Gandhi Road, Goodlands and registered and
transcribed at TV No. 8418/46;3146 The Mauritius Government Gazette
(b) (i) attaching in the hands of Barkly Agricultural Marketing Cooperative Society Ltd a
portion of land together with a two-storeyed building existing thereon, the whole morefullv
described in TV 4998/15;
(ii) attaching in hands of Bryan Caleb Wesley Purbhoo a portion of land together with a
building existing thereon, the whole morefully described in TV 20141/1001121;
(iii) attaching the following motor vehicles,viz:-
(a) car bearing regisrtation number 2663ZZ11 in the hands of Vashaili Radha
Codoychurn;
(b) car of make BMW bearing registration number E1373 in the hands of Mohamed
Hasheem Emam Saib;
(c) car make Toyota bearing registration number 2685JU05 in the hands of Nanda
Veerapa;
(d) car of make Nissan Tida bearing number 4979SP10 in the hands of Laval Richeville
Gurbhoo;
(e) motorcycle bearing registration number 6177X of make Honda in the hands of Oliver
Steven Gurbhoo;
(f) motorcycle of make Honda bearing registration number 7039B in the hands of Oliver
Steven Gurbhoo;
(g) motor cycle of make Suzuki bearing number 4579AD in the hands of Clement
Jenathan Nelson Touche;
(h) car of make Nissan bearing number 957MR98 in the hands of Clement Jenathan
Nelson Touche;
(i) motor cycle of make Suzuki bearing number 1898AC in the hands of Clement
Jenathan Nelson Touche;
(j) car of make Nissan bearing registration number 2441ZE92 in the hands of Jean
Francois Purbhoo;
(k) jeep of make Mitsubhishi bearing number 143JN99i n the hands of Jean Francois
Purbhoo.
(l) car of make Jun Bei bearing number 9136D J12 in the hands of Jean Francois
Purbhoo;
(m) car of make Nissan bearing registration number 1524ZJ97 in the hands of Mrs Marie
Vanessa Purbhoo; and
(n) lorry-Tipper of make OAF bearing number 1374DZ12 in the hands of G. Michel &
Son Truck Investment Ltd.
B. requiring the abovenamed parties, w' ain 48 hours of service of the Order, to declare in writing to
the Applicant the nature and source of all assets so attached; and
C. prohibiting the abovenamed parties from transferring, pledging or otherwise disposing of the assets
so attached, except by an Order of the Honourable Judge upon good cause shown.
THE said Orders have been filed in the Registry of the Supreme Court of Mauritius.
THE attention of all banks, financial institutions, cash dealers and any other person who may hold or
be vested with property belonging to or held on behalf of the abovenamed persons, is hereby drawn to the
above Order so that they may take note thereof and govern themselves accordingly.29 August 2020 3147
Under all legal reservations.
Dated at Le Réduit, this 25th day of August, 2020.
Ms D. NAWJEE
of ICAC Headquarters, Réduit Triangle,
Moka
Applicant’s Attorney
General Notice No. 1227 of2020 that in future, he shall bear the name and surname
of Rudiren SARMA.
CHANGE OF NAME *
Date: 18ih August 2020
Notice is hereby given that the Honourable
Attorney General is pleased to authorise David K. A. Putchay (Mr)
Gerald Michael Christopher WEBBER ISAACS
State Counsel
to change his surname WEBBER ISAACS into
that of WEBBER so that in future, he shall bear
the names and surname of David Gerald Michael
Christopher WEBBER. General Notice No. 1230 of2020
Date: 19th August 2020 CHANGE OF NAME
Notice is hereby given that the Honourable
K. A. Putchay (Mr)
Attorney-General is pleased to authorise
State Counsel
Mr Azmeer Ally DILHOSSEN and Mrs Zabeen
DILHOSSEN (bom DIL HOSSAIN) to change
the names of their minor son Tahiil Zayan into
General Notice No. 1228 of2020 those of Mohammud Tahiil Zayan so that in
CHANGE OF NAME future he shall bear the names and surname of
Mohammud Tahiil Zayan DILHOSSEN.
Notice is hereby given that the Honourable
Attorney General is pleased to authorise Chen Date: 21/08/2020.
Foh TA-MIN to change his names Chen Foh into
those of John Chen Foh so that in future, he shall A Faugoo Boolell (Mrs)
bear the names and surname of John Chen Foh State Counsel
TA-MIN.
Date: 19th August 2020
General Notice No. 1231 of2020
G. Daby (Ms) CHANGE OF NAME
State Counsel
Notice is hereby given that the Honourable
Attorney General is pleased to authorise Yogen
General Notice No. 1229 of2020 SAWMYNADEN to change his name Yogen into
that of Azagen so that in future he shall bear the
CHANGE OF NAME name and surname of Azagen SAWMYNADEN.
Notice is hereby given that the Honourable Date: 21st August 2020
Attorney General is pleased to authorise Rudiren
PILLAY CARPANEN to change his surname Y. Ahmohamed
PILLAY CARPANEN into that of SARMA so State Counsel3148 The Mauritius Government Gazette
General Notice No. 1232 of2020
EMPLOYMENT RELATIONS TRIBUNAL
AWARD
ERTZ RN 25/18 to ERT/RN 31/18
Before
Indiren Sivaramen Vice-President
Abdool Kader Lotun Member
Karen K. Veerapen Member
Ghianeswar Gokhool Member
In the matter of:-
Mr Santaram Ramma (Disputant No 1)
And
Mauritius Institute of Training and Development (Respondent)
Mr Sooriadev Boodhun (Disp; tant No 2)
And
Mauritius Institute of Training and Development (Respondent)
Mr Premduth Booputh (Disputant No 3)
And
Mauritius Institute of Training and Development (Respondent)
129 August 2020 3149
Mr Mario Rassou (Disputant No 4)
And
Mauritius Institute of Training and Development (Respondent)
Mr Goranah Junninth Kaniah (Disputant No 5)
And
Mauritius Institute of Training and Development (Respondent)
Mr Robin Sunyasi (Disputant No 6)
And
Mauritius Institute of Training and Development (Respondent)
Mr Navindeo Gobin (Disputant No 7)
And
Mauritius Institute of Training and Development (Respondent)
I.
P.O: (1) Ministry of Education, Tertiary Education, Science and Technology
(Co-Respondent No 1)
(2) Ministry of Public Service, Administrative and Institutional Reforms
(Co-Respondent No 2)
(3) Pay Research Bureau (Co-Respondent No 3)
(4) State Insurance Company of Mauritius (SICOM) (Co-Respondent
No 4)
(5) Ministry of Labour, Human Resource Development and Training
The above cases have been referred to the Tribunal by the Commission for Conciliation
and Mediation under the then Section 69(7) (prior to the coming into force of the
23150 The Mauritius Government Gazette
Employment Relations (Amendment) Act 2019) of the Employment Relations Act
(hereinafter referred to as “the Act”). All the cases were consolidated following a joint
motion made by Counsel for disputants and Respondent since the main bone of
contention in all the cases is the same. Co-Respondents Nos 1 to 4 (as initially styled)
were then joined as parties in the above cases. During the course of proceedings in the
present matter, there have been changes brought to the responsibilities of certain
Ministries by Government. With the agreement of parties, the names of the Ministries
were amended to refer to their current appellations. There was no objection for Co-
Respondent No 5 to be also joined as a party since the responsibilities for “Training” now
fall under Co-Respondent No 5 and not under Co-Respondent No 1. Co-Respondent No
5 was given ample time to take cognizance of the case including proceedings held until
then and also the opportunity to file any statement of case. Co-Respondent No 5 decided
not to file any statement of case and the stand of Co-Respondent No 5 was to abide by
the decision of the Tribunal. All the parties were assisted by Counsel except for Co-
Respondent No 4 who was not assisted by Counsel. The Tribunal bore in mind that the
Mauritius Institute of Training and Development was the Respondent in the case, that Co-
Respondent No 5 was only joined as a co-respondent with new responsibilities pertaining
to “Training” as from a particular date (whereas this responsibility was that of Co-
Respondent No 1 before this change in responsibilities and appellations of Ministries) and
that Co-Respondent No 5 was offered the opportunity to cross-examine witnesses and to
adduce evidence if it so wished despite that Co-Respondent No 5 decided to abide by the
decision of the Tribunal. The Tribunal also bore in mind the principles enunciated in
section 97 of the Act, that the present matter concerns employment relations disputes,
the possibility given to the Tribunal to deal with the matter with a minimum of legal
formalities (section 15 of the Second Schedule to the Act) and the different stands of the
parties before us. The terms of reference are identical in all the cases and read as follows:
1. “Whether the post of Officer-in-Charge should be placed on the establishment and
organisation structure of the Mauritius Institute oi Training and Development
(MITD).”
2. “Whether the MITD should recognise me as Officer-in-Charge since the time I have
been performing the duties as such. ”
3. “Whether the unilateral decision of the MITD to change the appellation of the
acting/responsibility allowance which was paid to Officers-in-Charge as per the
conditions of the post to an A.dhoc allowance be declared null and void. ”
X
4. “Whether the allowance (3 increments worth) forming part of my remuneration
should:
329 August 2020 3151
(i) Be computed for the purposes of the lump sum and pension payable to me
at the time of my retirement and;
(ii) Should form part of my salary for all purposes. ”
Disputant No 7 deponed on his own behalf and on behalf of the six other disputants before
the Tribunal. He solemnly affirmed as to the correctness of the contents of his Statement
of Case. His evidence was to the effect that the facts in the Statements of Case of the
other disputants were similar to those in his own Statement of Case except for the relevant
dates of appointment and years of service. He referred to the relevant dates applicable
for the other disputants including their dates of ‘appointment’ as Officer in Charge
following interviews which were held. He referred to the annexes to the Statements of
Case of the other disputants. He also referred to the copies of the internal advertisements
for the posts of Officer in Charge (For New Training Centres conducting NTC Foundation
Course), Officer in Charge (For Training Centres conducting NTC Foundation Course)
(two advertisements), Officer in Charge (NTC Foundation Course), Officer in Charge and
Officer in Charge-PVE Centres as per Annexes 2(a) to 2(f) respectively to his own
Statement of Case.
In cross-examination, Disputant No 7 agreed that at some point in time all the disputants
including himself were working as Instructors at the Industrial and Vocational Training
Board (IVTB). The post of Instructor was then converted into that of Training Officer. He
considers that ‘Officer-In-Charge’ is a post at the Respondent though he conceded that
the post is not on the establishment of the Respondent. He agreed that only Disputant
No 3 is concerned with the advertisement annexed as Annex 2(b) (to his Statement of
Case) and that the other disputants will be concerned with subsequent advertisements.
He agreed that Annex 2(c) (to his Statement of Case) was a call for the ‘enlistment of
services’ and that the remuneration was specified as being “an allowance (3 increment
worth) over and above” the salary of the post of Training Officer.
Disputant No 7 was shown a document and he agreed that it was the offer made to him
for the assignment of duties as Officer in Charge. He also agreed that as per the said
letter, he kept his substantive post. There was no mention in the letter that he would be
paid an acting or responsibility allowance nor that the allowance would form part of his
salary or be taken into account for pension purposes. He accepted the assignment of
duties as per the terms of the said letter. Disputant No 7 agreed that in his case, his
payslip mentioned that he was being paid an adhoc allowance and the allowance was not
termed as acting or responsibility allowance.
Disputant No 7 agreed that the advertisement for ‘Officer in Charge’ was in relation to a
one year course known as the NTC Foundation Course. The project has changed and
there is now a 4 year PVE Project whereby the fourth year of the course is to be conducted
43152 The Mauritius Government Gazette
by the Respondent. The ‘Officers in Charge’ were thus concerned with the new projects
as regards the fourth year of study. After the ‘nine-year schooling’ was put to him,
Disputant No 7 accepted that he took cognizance of the nine-year schooling and stated
that he heard that the pre-vocational stream would be phased out. He conceded that
Disputant No 2, just like him, is not directly concerned with the alleged unilateral change
from acting/responsibility allowance to adhoc allowance. However, he suggested that
this was a consolidated dispute along with all the other disputants since the other
disputants were at some point in time earning an acting/responsibility allowance. He was
not aware if there was an alleged error in the system of Respondent which led to the
allowance bearing the name ‘acting/responsibility allowance’ for the other relevant
disputants. He did not know if the alleged error was corrected by the Respondent in
2013. He did not agree that the allowance which was being paid to him and the other
disputants was all along an ad hoc allowance.
Disputant No 7 was then cross examined in relation to two officers whom he had
mentioned in his Statement of Case and he agreed that in the first case, the relevant post
was an established post at the Respondent whilst in the second case, he was not aware
of the duties the said officer was performing in the maintenance division.
In re-examination, Disputant No 7 stated that at the relevant time he used to represent all
the employees in negotiations concerning the organisation structure at the Respondent.
He referred to a document (extract produced and marked Doc A) which would suggest,
according to him, that the relevant trade union was proposing the post of Head of Pre-
vocational Education whereas the board approved the term ‘Officer in Charge’ which
position would be filled from among officers holding a substantive post of Training Officer
with five years of experience in that grade. He then referred to an extract of minutes of a
meeting which the management of Respondent would have had with Co-Respondent No
3. Disputant No 7 averred that they have been carrying out the duties of Officer in Charge
as per the duties laid down in the relevant advertisement at that time and have been
remunerated accordingly. He stated that recently in an advertisement dated 2 February
2018 (Annex 13 to his Statement of Case), the term ‘post’ has been removed and instead
mention has been made of assignment of duties as Officer in Charge - PVE Training
Centre.
Mr Maudarbocus, the Acting Deputy Director of the Respondent deponed at another
sitting. He stated that Disputants Nos 3, 1, 4 and 7 initially joined the “Ministry of
Education” and he produced copies of documents in relation to each one of them (Docs
B to E respectively). The other disputants were employed directly by the IVTB and he
produced copies of documents in relation to Disputants 6, 5 and 2 (Docs F, G and H
respectively). Mr Maudarbocus related lengthily how pre-vocational education started as
a project of the IVTB in 1990 and then was transferred to another Ministry, that is, the
Ministry of Education whereby a policy decision was taken that pre-vocational education
529 August 2020 3153
would be under the ‘Management Trust Fund’. The IVTB then fell under the Ministry of
Training which was a different Ministry. He explained why there was then a need to come
up with a bridging course which students would follow before they could enroll in a specific
course at the IVTB. The Ministry of Education approached the (then) Ministry of Training
to design this course which was later called the National Trade Certificate (NTC) Course.
The IVTB was allocated a separate budget to run this project. Mr Maudarbocus
suggested that this was a temporary measure which was agreed at that time so that
Government could decide on a proper policy for pre-vocational education.
The first batch for this course started in 2004 and the courses were run in existing training
centres where there was enough space to accommodate the students but also in centres
set up to run only the pre-vocational courses. Mr Maudarbocus stated that there was a
need to have people to head the centres set up to run only pre-vocational courses. He
averred that since they were requested to run the project on a temporary basis, no post
was created on the establishment of the IVTB as Head of those training centres. Training
Officers were instead assigned duties to head those training centres since there was no
established position of Head of those training centres. It was merely a designated position
which they termed as Officer in Charge to head the training centres dedicated to pre-
vocational education.
Mr Maudarbocus stated that Annex 2(a) to the Statement of Case of the Disputant No 7
did not concern any of the disputants. Annex 2(b) concerned only Disputant No 3. The
other disputants were concerned with advertisements which range from 2008 onwards.
Mr Maudarbocus produced copies of letters issued to each of the disputants for
assignment of duties as Officer in Charge, Officer in Charge-NTC Foundation and Officer
in Charge (PVE Centres) (Docs I to O). He stated that there was nothing mentioned about
appointment as Officer in Charge and that the Training Officers were granted three
increments worth allowance over and above the salary of their substantive post. Mr
Maudarbocus stated that in 2005 the IVTB implemented an IT system for their Payroll,
HR and Finance system. At that time, when the system was designed, there was only
one type of allowance that the system could cater for. This was responsibility allowance.
Thus, he explained that when any allowance was paid during that period, that is, from
2005 till the end of 2012, the allowance was accounted as responsibility allowance. At
the end of 2012, the Pay Research Bureau (PRB) Report 2013 came out and
implementation of the report was as from January 2013. When they were implementing
the PRB Report 2013, they then noticed this discrepancy. The system did not cater for
different types of allowances and changes were brought to the system to cater for ad hoc
allowance. Mr Maudarbocus however suggested that right from 2004, it was pointed out
to the disputants that ‘Officer in Charge’ was not an established position but a designated
position so that the allowance paid to them was an ad hoc allowance.
63154 The Mauritius Government Gazette
Mr Maudarbocus stated that the disputants have remained on assignment of duties as
Officers in Charge. Mr Maudarbocus explained that with the change in government in
2005, there was an announcement that there was going to be a reform in the education
and training system. The IVTB came under the aegis of the ‘Ministry of Education’ and
the reform was going to affect also pre-vocational education. The Respondent thus
waited and meanwhile year after year the NTC Foundation course was being run. There
was a new Education Plan 2008-2020 and in 2011 the pre-vocational program was
changed to a four years program. Mr Maudarbocus stated that they then knew that the
project was going to stay. The IVTB then became the MITD (Respondent) and there were
representations from unions that there was a need to have an established position at the
head of pre-vocational centres. They started working on the organisational structure in
2010. Mr Maudarbocus suggested that the discussion with the union/s took a lot of time
and that the proposal to have a Head of Pre-Vocational Centre on the establishment came
in 2013. A consultant for the Respondent proposed to have such an established post and
the Board allegedly accepted same but the unions were not agreeable with the
organisation structure as proposed so that they had to work again on a new organisational
structure. Meanwhile, in 2016 there was a new government and there was the
introduction of the nine-year continuous basic education. There would thus be no need
for pre-vocational education, according to Mr Maudarbocus, and pre-vocational education
would be phased out. The last batch for pre-vocational education will be for 2020. The
Board of Respondent then decided that there was no need to have the post of Head pre-
vocational given that the project was going to be phased out. He stated that there is no
need to have a Head Pre-vocational in a centre which is going to phase out in one year.
Mr Maudarbocus stated that as regards the Training Officer mentioned by the disputants,
the latter was assigned higher responsibility in relation to an established post of Co
ordinator. According to him, the criterion was senior most Training Officer in that cluster
and the latter was given a responsibility allowance. And in relation to the second officer
whose name was mentioned, Mr Maudarbocus stated that the Training Officer was called
at the Head Office to give assistance against an established post of Assistant Manager
which was vacant. He added that since the allowance is an ad hoc allowance, it cannot
be accounted for the purposes of lump sum and pension.
In cross-examination, Mr Maudarbocus agreed that there had been many changes over
the years in relation to the policies to be adopted in the field of education. He stated that
the pre-vocational project was implemented in 2004 and that same remained on a
‘temporary basis’ for four years until 2008. .He stated that in 1996 following the dismissal
of the then Director, there was an Officer in Charge who was heading the IVTB. He
however stated that the post of Officer in Charge was not on the establishment. He stated
that there was a need for a Head to run those centres. He did not agree that there is a
list of duties attached to Training Officers and a different list of duties attached to Officers
729 August 2020 3155
in Charge. He was referred to Annexes 3(b) and 4(a) to the Statement of Case of
Disputant No 7 and he stated that the duties of a Training Officer as per Annex 3(b) have
been amended. He then agreed that as per the documents, the duties of a Training
Officer are different from the duties of an Officer in Charge - NTC Foundation Course.
Mr Maudarbocus agreed that the advertisements for the post of Officer in Charge in 2004
and 2006 (Annexes 2(a), 2(b) to the Statements of Case of Disputants) did not mention
that this was going to be in a temporary capacity. He suggested that this was “sous-
entendu” given that the post was not on the establishment of Respondent. Mr
Maudarbocus stated that the document as per Annex 3(a), to the Statement of Case of
Disputant No 7 was in fact the same annex to the letter of offer of assignment of duties
issued to each disputant. He stated that with the nine-year schooling there will be a
phasing out of pre-vocational education even though he agreed that nobody can tell if
there will be a new policy in the future. He added that if tomorrow the decision changes,
the Respondent will review his decision.
Mr Maudarbocus agreed that the advertisements of 2004 and 2006 (for Officer in Charge
(For New Training Centres conducting NTC Foundation Course) refer to a competitive
package to be offered to the selected candidate. He agreed that in the payslips of the
(relevant) disputants, the allowance was paid initially as a responsibility and acting
allowance. He referred once more to the alleged error in the system which lasted for
some years. Mr Maudarbocus then stated that for several years a sum of money was
being deducted from the salary of each of the relevant officers based on the allowance
and paid to SICOM when this should not have been done. He stated that Respondent
has not made any refund yet because of the present matter, and that Respondent is ready
to refund whatever surplus deductions have been applied on the salaries of those
employees. Mr Maudarbocus stated that a designated position is a post which is not on
the establishment of an organisation but relates to a specific need which arises whereby
specific duties have to be done. Since the Respondent was not aware of the policy to be
adopted in relation to pre-vocational education, the Respondent did not put a Training
Centre Manager or Assistant Manager to head the pre-vocational centres. He also added
that this was not a project of the Respondent but that of Co-Respondent No 1 and the
budget for it was in the budget of that Ministry.
Mr Maudarbocus explained the procedures to create a post at the Respondent. He stated
that Respondent could not refuse doing the pre-vocational classes because it was a policy
of government and there were students involved. He conceded that it would not have
been possible without the Training Officers with five years’ experience but he suggested
that the disputants were not forced to apply for the said positions. He did not agree that
Officer in Charge was a higher post or a post with higher responsibilities but added that
additional duties were given to the Training Officers, He agreed that Disputant No 7 had
in the meantime retired on ground of age.
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