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Private Secondary Schools Authority Act

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Revised Laws of Mauritius



PRIVATE SECONDARY SCHOOLS AUTHORITY ACT Act 20 of 1976 – 20 September 1976

ARRANGEMENT OF SECTIONS

SECTION 1. Short title 2. Interpretation 3. Establishment of Authority 4. Objects of Authority 5. Functions and powers of

Authority 6. The Board 7. Remuneration of members 8. Meetings of Board 9. Powers of Minister

10. Director 11. Appointment of staff 12. Conditions of service of staff

13. Protection from liability 14. Receipts and payments of

Authority 15. Grants to secondary or pre-

vocational schools 16. Emoluments to teachers 17. Charges to General Fund 18. Loan redemption and depreciation 19. Privilege in favour of Authority 20. Estimates 21. Exemptions 22. Regulations 23. —



PRIVATE SECONDARY SCHOOLS AUTHORITY ACT

1. Short title

This Act may be cited as the Private Secondary Schools Authority Act.

2. Interpretation

In this Act—

“aid” means any assistance granted to a secondary or pre-vocational school by the Authority under this Act;

“Authority” means the Private Secondary Schools Authority estab- lished under section 3;

“Board” means the Private Secondary Schools Board referred to in sec- tion 6;

“Director” means the person appointed as such under section 10;

“grant” means a grant payable under section 15 (1);

“manager” has the same meaning as in the Education Act;

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

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

Private Secondary Schools Authority Act



“Permanent Secretary” means the Permanent Secretary of the Ministry;

“pre-vocational school” means a pre-vocational school registered under the Education Act, which is not owned and managed by Government;

“principal” has the same meaning as in the Education Act;

“provisional grant” means a provisional grant payable under sec- tion 15 (2);

“rector” has the same meaning as in the Education Act;

“secondary school” means a secondary school registered under the Education Act, which is not owned and managed by Government;

“teacher” includes an instructor. [S. 2 amended by Act 56 of 1983; s. 3 of Act 50 of 2002.]

3. Establishment of Authority

(1) There is established for the purposes of this Act the Private Secon- dary Schools Authority.

(2) The Authority shall be a body corporate.

4. Objects of Authority

The Authority shall be responsible for—

(a) promoting and encouraging education in secondary or pre- vocational schools;

(b) setting up and operating, with the Minister’s approval, schemes to provide aid;

(c) controlling the manner in which and the purposes for which aid is made use of;

(d) ensuring that the terms and conditions of employment of staff in secondary or pre-vocational schools are fair and reasonable;

(e) the payment of grants properly accruing to secondary or pre- vocational schools; and

(f) the registration and inspection of secondary or pre-vocational schools, their principals, rectors, managers and teachers.

[S. 4 amended by Act 56 of 1983; s. 4 of Act 50 of 2002.]

5. Functions and powers of Authority

(1) The Authority—

(a) shall—

(i) advise or assist in the setting up of pension schemes for the staff of secondary or pre-vocational schools;

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(ii) deal with all matters relating to secondary or pre-vocational schools, their principals, rectors, managers and teachers, including the registration of such schools, principals, rec- tors, managers and teachers; and

(iii) collect all necessary data in order to enable the Authority to carry out its objects;

(b) may— (i) take over, establish or operate secondary or pre-vocational

schools, laboratories, workshops or libraries in secondary or pre-vocational schools; and

(ii) purchase, issue and control the use of text books and other educational requisites for secondary or pre-vocational schools.

(2) For the purposes of subsection (1), the Authority may—

(a) require the manager of a secondary or pre-vocational school to— (i) submit duly acquitted paysheets or any other document

pertaining to the salaries of the staff of the secondary or pre-vocational school; and

(ii) furnish any information relating to the administration of, and teaching in, the secondary or pre-vocational school; and

(b) inspect the books of accounts and attendance registers of a secondary or pre-vocational school.

(3) The Authority shall not, except with the written authorisation of the Minister—

(a) raise loans or borrow money;

(b) mortgage or charge its property;

(c) issue debentures or other securities as security for any debt, li- ability or obligation of the Authority; or

(d) exercise its powers under subsection (1) (b) (i). [S. 5 amended by Act 56 of 1983; s. 5 of Act 50 of 2002.]

6. The Board

(1) The Authority shall be administered by a Private Secondary Schools Board.

(2) The Board shall consist of—

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

(b) the Permanent Secretary or his representative;

(c) the Financial Secretary or his representative;

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

Private Secondary Schools Authority Act



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

(f) the Director;

(g) a public officer appointed by the Minister;

(h) 2 representatives of managers of secondary schools;

(i) 2 representatives of the staff of secondary schools;

(j) one representative of students of secondary schools; and

(k) one representative of the staff of the Authority, elected from amongst themselves.

(3) (a) The members specified in subsection (2) (h) to (k) shall be ap- pointed by the Minister—

(i) in the case of members specified in subsection (2) (h), (i) and (k) for a period of 3 years;

(ii) in the case of the member specified in subsection (2) (j), for a period of one year.

(b) The members specified in subsection (2) (h) to (k) shall be eligible for reappointment.

(4) No person shall be qualified for appointment under subsection (2) if he is a member of, or a candidate for election to, the Assembly or any local authority.

(5) (a) The Board may, with the approval of the Minister, co-opt such other persons, not exceeding 3 in number, to be members of the Board.

(b) No co-opted member shall have the right to vote. [S. 6 amended by Act 56 of 1983; Act 55 of 1985.]

7. Remuneration of members

Every member may be paid such remuneration or allowance as the Minis- ter may determine.

8. Meetings of Board

(1) Subject to subsection (2), the Chairperson shall preside at every meeting of the Board.

(2) In the absence of the Chairperson at a meeting of the Board, the Permanent Secretary or his representative shall preside at the meeting.

(3) The Board shall meet at such time and place as the Chairperson may appoint.

(4) Notice of every meeting shall be given to the members by the Director.

(5) Seven members shall constitute a quorum.

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9. Powers of Minister

(1) The Minister may, in relation to the exercise of its functions by the Board, give such directions to the Board as he considers necessary in the public interest and the Board shall comply with those directions.

(2) The Board shall furnish to the Minister such reports and other infor- mation with respect to the activities of the Authority, in such manner and at such time, as the Minister may require.

(3) The Director shall furnish to the Minister such returns or copies of such documents, including the minutes of proceedings of the Board and the accounts of the Authority, as the Minister may require.

10. Director

(1) There shall be a chief executive officer of the Authority who shall be— (a) known as the Director; and (b) appointed by the Prime Minister.

(2) The Director shall be responsible for the execution of the policy of the Authority and for the control and management of its day-to-day business.

(3) In the exercise of his functions, the Director shall act in accordance with such directions as he may receive from the Board.

11. Appointment of staff

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

(2) The staff of the Authority shall be under the administrative control of the Director.

12. Conditions of service of staff

The Board may, with the approval of the Minister, make provision for the conditions of service of the staff of the Authority, and, in particular, for— (a) the appointment, dismissal, discipline, pay and leave of, and the

security to be given by, staff; (b) appeals by staff against dismissal and other disciplinary meas-

ures; and (c) the establishment and maintenance of a superannuation scheme

and medical benefits and loan funds and the contributions pay- able and the benefits recoverable.

13. Protection from liability

(1) No liability, civil or criminal, shall attach to any member or to an em- ployee of the Authority, in respect of any act which any one of them has done or omitted to do in good faith in the execution or purported execution of the functions of the Authority.

Private Secondary Schools Authority Act



(2) Every member and every employee of the Authority shall be deemed to be a public functionary within the meaning of the Criminal Code.

[S. 13 amended by Act 55 of 1985.]

14. Receipts and payments of Authority

(1) The Authority may receive any money appropriated from the Consoli- dated Fund or Capital Fund and any other money lawfully accruing to the Authority from any other source.

(2) The Authority shall establish a General Fund into which all monies re- ceived by it and out of which all payments required to be made by it, shall be paid.

(3) Any cheque on any banking account kept by the Authority shall be signed by any 2 of the following persons—

(a) the Chairperson;

(b) the Director;

(c) such other officer as may be designated for the purpose by the Board.

(4) The Authority may, with the approval of the Minister, establish such other special fund as it thinks fit for its development.

[S. 14 amended by Act 48 of 1992.]

15. Grants to secondary or pre-vocational schools

(1) (a) Subject to paragraphs (b) to (d), the Authority shall pay to every secondary or pre-vocational school a grant, the amount of which shall be determined in accordance with such criteria as the Authority may, with the approval of the Minister, determine.

(b) The Authority may apply different criteria in respect of different classes of secondary or pre-vocational schools.

(c) The Authority may decline to pay, or where the grant is already payable, cease to pay a grant to such class of secondary or pre-vocational schools as do not satisfy such conditions as approved by the Minister.

(d) The Authority may—

(i) deduct from the grant which would otherwise be payable to a secondary or pre-vocational school under this section, the emolu- ments of any teacher employed in that school who has been on leave with pay for a period exceeding his leave entitlement; and

(ii) for the purposes of this section and section 16, determine, in accordance with any enactment, the rates of pay at which any teacher employed in a secondary or pre-vocational school shall be remunerated.

(2) Where the criteria to enable payment of a grant to a secondary or pre- vocational school to be made have not been determined or are to be varied,

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the Authority shall make to that secondary or pre-vocational school a provi- sional grant, the amount of which shall be in the discretion of the Authority.

(3) A grant or a provisional grant payable under subsection (1) or (2) shall be paid at such time and in such instalments as the Authority may determine.

(4) Before any grant or provisional grant is made, the Authority may re- quire the grantee to furnish such information as the Authority may require.

(5) Where the grant payable—

(a) exceeds a provisional grant, the Authority shall pay any amount shortpaid;

(b) is less than the provisional grant, the Authority shall deduct from any future grant payable to that school any amount overpaid in such number of instalments as the Authority may determine.

(6) A grant or provisional grant shall not be assignable or transferable or liable to be assigned, sequestered or levied upon except for the purpose of satisfying a debt due to the State.

(7) The Authority shall not pay any grant in respect of a principal or a teacher or any other member of the staff, whether teaching or otherwise, who has attained the age of 70 or such lesser age not below the age of 60 or in such other circumstances as may be prescribed.

(8) Notwithstanding any other enactment, where a secondary school fails to comply with—

(a) this Act or any regulations made under it;

(b) the Education Act or any regulations made under that Act; or

(c) any condition imposed by the Authority, the Authority may withhold any grant until the Authority is satisfied that the school has complied with the relevant enactment or condition.

[S. 15 amended by Act 42 of 1983; Act 55 of 1985; Act 56 of 1985; Act 48 of 1991; Act 21 of 2000.]

16. Emoluments to teachers

(1) Notwithstanding section 15, the Authority shall deduct from the grant or provisional grant payable to a secondary or pre-vocational school, the ag- gregate amount of the emoluments payable by that school to its staff and, subject to subsection (2), shall pay such emoluments directly to the mem- bers of the staff concerned without incurring any liability to the secondary or pre-vocational school or any other person.

(2) No payment of emoluments shall be made to a member of the staff under subsection (1) unless the Authority is satisfied that the emoluments are due.

(3) Where the emoluments of any member of the staff employed by a secondary or pre-vocational school are paid directly to him by the Authority,

Private Secondary Schools Authority Act



that member of the staff shall have no claim against the secondary or pre- vocational school in respect of his services for the month for which he has received his emoluments from the Authority.

(4) Notwithstanding any other enactment, where the emoluments of a member of the staff are paid directly to him by the Authority—

(a) the Authority shall not be regarded as the employer of that per- son by reason of the payment of the emoluments to him;

(b) the secondary or pre-vocational school shall always remain the employer of that person and shall, in relation to that person, be responsible for matters of promotion and supervision;

(c) any amount overpaid to a member of the staff by the Authority shall be set off against any future emoluments payable to that person; and

(d) matters of discipline and dismissal of a member of the staff shall be within the jurisdiction of such board of discipline and dis- missal as may be prescribed and on such terms and conditions as may be generally and specifically prescribed.

(5) In this section, “member of the staff” means any member of the teaching and non-teaching staff of a secondary or pre-vocational school, other than the manager.

[S. 16 amended by Act 56 of 1983; Act 55 of 1985.]

17. Charges to General Fund

The Authority may, in furtherance of its objects and in accordance with the terms and conditions on which its funds may have been obtained, given or derived, charge to the General Fund all remuneration, allowances, salaries, fees, pensions and superannuation fund contributions, gratuities, working expenses and all other charges properly arising, including any necessary capital expenditure.

18. Loan redemption and depreciation

The Authority shall make adequate provision for—

(a) the redemption of loans at due time;

(b) interest on all other charges and expenses incurred in connection with loans; and

(c) the depreciation or diminution in value of its assets.

19. Privilege in favour of Authority

(1) Any grant, provisional grant or aid made to a secondary or pre- vocational school shall be secured by a privilege in favour of the Authority.

(2) The privilege under subsection (1) shall—

(a) rank concurrently with the privilege for the wages of employees (gens de travail) under article 2148 of the Code Civil Mauricien;

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(b) extend over all the property of the secondary or pre-vocational school; and

(c) not require to be inscribed by the Conservator of Mortgages. [S. 19 amended by Act 56 of 1983.]

20. Estimates

(1) The Authority shall, at least 3 months before the beginning of every financial year, submit to the Minister an estimate of the income and expendi- ture of the Authority for that financial year.

(2) (a) The Minister shall, before the beginning of the financial year but subject to paragraph (b), signify in writing his approval of the estimate.

(b) In signifying his approval under paragraph (a), the Minister may— (i) approve part only of the expenditure under any item; (ii) direct the Authority to amend the estimates in respect of any

item in such manner as he thinks fit.

(3) The Authority shall not incur any expenditure unless it has received the prior approval of the Minister.

21. Exemptions

(1) Notwithstanding any other enactment, the Authority shall be exempt from payment of every duty, rate, charge, fee or tax.

(2) The Authority may— (a) frank letters and postal packets destined to persons in Mauritius;

and (b) make remittances by money order, free of charge.

22. Regulations

(1) The Minister may, after consultation with the Authority, make such regulations as he thinks fit for the purposes of this Act.

(2) Regulations made under subsection (1) may provide that any person who contravenes them 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 2 years.

[S. 22 amended by Act 48 of 1992.]

23. —