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The National Children’s Council Act 2003
The National Children’s Council Act 2003

Act 5/2003

Proclaimed by [
Proclamation No. 3 of 2004] w.e.f 28 th February 2004
_________
ARRANGEMENT OF SECTIONS

Section
PART I – PRELIMINARY
1.
Short title
2.
Interpretation
PART II – THE COUNCIL
3.
Establishment of the Council
4.
Objects of the Council
5.
Membership of the Council
6.
Expulsion or suspension of members of the Council
7.
Meetings of the Council
PART III – THE BOARD
8.
The Board
9.
Functions of the Board
10.
Powers of the Board
11.
Meetings of the Board
12.
Sub-committees of the Board
13.
National Children’s Committee
PART IV – STAFF OF THE COUNCIL
14.
Council Secretary
15.
Other employees
PART V – MISCELLANEOUS
16.
Protection of members and employees
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The National Children’s Council Act 2003
17. Funds of the Council
18.
Estimates
19.
Annual report
20.
Documents
21.
Powers of the Minister
22.
Donations
23.
Exemptions
24.
Service of process
25.
Regulations
26.
Repeal
27.
Assets, rights and liabilities
28.
Transitional provisions
29.
Commencement _________
An Act
To provide for the establishment of a National Children’s Council
and for matters related thereto

ENACTED by the Parliament of Mauritius, as follows –
PART 1 – PRELIMINARY

1.
Short title
This Act may be cited as the National Children’s Council Act 2003.

2. Interpretation
In this Act –

“Board” means the Board referred to in section 8;
“Board member” means a member of the Board and includes the Chairp
erson;
“Board Secretary” means the person referred to in section 11(6);
“Chairperson” means the Chairperson of the Board;
“Council” means the National Children’s Council established und
er section 3;
“Council member” means an individual member of the Council;
“Council Secretary” means the person appointed under section 14;
“employee” means a person employed by the Board under section 15;
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The National Children’s Council Act 2003
“member of the Council” means a Council member or a member organis
ation;“member organisation” means an organisation which is a member of t
he Council;
“Minister” means the Minister to whom responsibility for the subje
ct of child development is
assigned;

Amended by [
Act No. 9 of 2005] PART II – THE COUNCIL

3. Establishment of the Council
There is established for the purposes of this Act the National Children’
s Council which
shall be a body corporate.

4. Objects of the Council

The objects of the Council shall –
(a)
be the key consultative and coordinating national body on all activities

and issues related to children;
(b)
protect the rights of children, promote their interest and well-being an
d
ensure their participation in matters of interest to them; and
(c)
promote activities for the welfare of children in line with the Conventi
on
on the Rights of the Child.

5. Membership of the Council

(1) Any –
(a)
statutory body, organisation, association or agency from the public or
private sector, which is engaged in activities related to child welfare;
and
(b)
individual who has demonstrated commitment to the cause of child
welfare,
may apply to the Board for membership of the Council, in such form as ma
y be
prescribed.
(2) The Board may refuse an application under subsection (1)
without giving any
reason for its decision.

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The National Children’s Council Act 2003
(3) Every member of the Council shall, not later than 30 June,
pay to the Council
such annual subscription as the Board may determine.
(4) No election or other proceedings of the Council shall be vo
id by reason of
the fact that a member of the Council in arrears with payment of his, or
her,
subscription voted at the election or took part in the proceedings.
(5) A member of the Council may resign from the Council by givi
ng the Council
Secretary notice in writing of his, or her, intention to do so.
(6) Every member organisation shall nominate an individual who
shall represent
it on the Council.

6. Expulsion or suspension of members of the Council
(1)
The Board may, after giving notice in writing and affording any me
mber of
the Council reasonable opportunity to be heard, suspend for a period not
exceeding
2 years, or expel, the member of the Council who, in its judgment, has a
cted in a
way prejudicial to the interest of the Council or is engaged in activiti
es incompatible
with the promotion of child welfare, or has failed to comply with sectio
n 5(3).
(2) Any member of the Council who has been suspended or expelle
d under
subsection (1) may, within 21 days of the Board’s decision being co
mmunicated to
him or her, appeal in writing against such decision to the Council.
(3) The notice and reasons of appeal shall be lodged with the C
ouncil Secretary
who shall convene a special meeting of the Council for the purpose of de
termining
the appeal.
(4) The Council shall meet within one month of the notice of ap
peal being
lodged with the Council Secretary.
(5) The Council may confirm or reverse the decision of the Boar
d or substitute a
less severe sanction for the one imposed.

7. Meetings of the Council

(1) A general meeting of the Council shall be held once a year
at such time and
place as the Board may decide but not later than 30 September.
(2) The Council Secretary shall give not less than 21 days’
written notice of the
general meeting to the members of the Council.

(3) The business of the general meeting shall b
e to –
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The National Children’s Council Act 2003
(a)
consider and adopt the annual report of the Board and the auditor’s
report;
(b)
elect 3 member organisations to represent it on the Board; and
(c)
consider such other question as may be placed on the agenda.
(4) The Council Secretary shall convene a special m
eeting of the Council
at the request of the Chairperson or on receipt of the written request o
f 4 members
of the Council or for purposes of section 6(3).
(5) A member of the Council who has failed to compl
y with section 5(3)
shall not be entitled to vote on any matter or to be nominated as candid
ate for
membership of the Board.
(6) The quorum of a meeting of the Council shall be
half the number of
members of the Council entitled to vote plus one.
(7) Every meeting of the Council shall be presided
over by the
Chairperson and, in his or her absence, the members present shall appoin
t from
among themselves a person to chair the meeting.
(8) There shall be a Council Secretary who shall ke
ep minutes of the
proceedings of the Council and have custody of all documents relating to
the Council.
(9) Every decision shall be taken by a majority of
the votes of the
members entitled to vote and, in case of an equality of votes, the Chair
person shall
exercise a casting vote.
(10) A Board member who is not a member of the Counci
l may attend any
general meeting of the Council and take part in the proceedings but shal
l have no
right to vote on any matter.
(11) The minutes of proceedings of each meeting of th
e Council shall be
signed by the Chairperson of the meeting and the Council Secretary, and
an extract
signed by the Chairperson and the Council Secretary shall be prima facie evidence
of any matter contained therein.
(12) Subject to this section, the Council shall regul
ate its proceedings in
such manner as it thinks fit.
PART III – THE BOARD

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8. The Board
(1) The Council shall be administered by a National
Children’s Board
which shall consist of –
(a)
a Chairperson, appointed by the Minister, who shall hold office for 2
years but who may be re-appointed for a further term of not more than 2
years;
(b)
the Permanent Secretary of the Ministry responsible for the subject of
child development or his, or her, representative;
(c)
a representative of the Attorney-General’s Office;
(d)
a representative of the Ministry responsible for the subject of health;
(e)
a representative of the Ministry responsible for the subject of
education;
(f)
a representative of the Ministry responsible for the subject of social
security;
(g)
a representative of the Ministry responsible for the subject of economic

development;
(h)
Repealed by [ Act No. 9 of 2005] (i)
a representative of the Commissioner of Police;
(j)
a representative of the Trust Fund for the Social Integration of
Vulnerable Groups;
(k)
3 representatives of the member organisations elected under section 7
(3)(b);
(l)
one representative of private sector organisations appointed by the
Minister who shall hold office for 2 years but who may be re-appointed f
or a
further term of not more than 2 years and
(m)
Repealed by [ Act No. 9 of 2005]

(2) Every appointed Board member shall have experie
nce and proven
ability in the subject of child welfare, or such special knowledge or ex
perience as
renders that person a fit and proper person to be a Board member.
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The National Children’s Council Act 2003
(3) No person who is a member of the National Assembly, of a lo
cal authority or
of the Executive Committee of a political party shall be qualified to be
a Board
member.
(4) Every Board member may be paid such allowance as the M
inister may
determine.

Amended by [
Act No. 9 of 2005]

9. Functions of the Board
In furtherance of the objects of the Council, the Board shall –
(a)
advise the Minister on policy development and legislation concerning chi
ld
welfare;
(b)
determine the areas in which children’s rights and welfare may be imp
roved
and propose appropriate remedial measures;
(c)
identify, develop and promote good practice in matters pertaining to chi
ld
survival, development and protection from across all disciplines;
(d)
commission and undertake research and collect data on child-related issu
es
and work from an evidence-based perspective;
(e)
set up a knowledge and documentation centre on child-related issues and
disseminate information on children’s issues to professionals, policy
makers,
parents, children and society at large;
(f)
ensure that the rights of children are taken into account by public bodi
es and
other organisations dealing with children;
(g)
assist children who are charged with a criminal offence so that they may

benefit from a fair trial and, if convicted, are dealt with in accordanc
e with the
provisions of the Convention on the Rights of the Child;
(h)
establish links with organisations working for children in Mauritius and

abroad; and
(i)
perform such other functions as are conducive to the objects of the Coun
cil.

10. Powers of the Board

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The National Children’s Council Act 2003
(1) The Board shall have and exercise all the powers of a natural person.
(2) The Board may appoint a Finance sub-committee a
nd such other
special or standing sub-committees as it thinks necessary to develop pol
icies and
review resources, and determine their terms of reference, powers and dur
ation.
(3) The Board may co-opt as Board members without v
oting rights not
more than 3 resource persons having special knowledge or experience in m
atters
related to children’s rights and welfare.
(4) The Board may delegate to the Chairperson and t
he Council
Secretary, or either of them, such of its powers as may be necessary to
assist in the
effective management of the affairs of the Board, other than the power –
(a)
to borrow money;
(b)
to raise loans; or
(c)
to enter into any transaction in respect of capital expenditure which
exceeds 300,000 rupees.

11. Meetings of the Board
(1) The Board shall meet as often as may be necessary at such p
lace and time
as the Chairperson thinks fit or whenever 3 Board members shall so reque
st in
writing.
(2) The National Children’s Committee may request that any m
atter relating to
child welfare be considered by the Board, and the Board shall comply wit
h any such
request.

(3) Seven Board members shall constitute a quorum.
(4) Every meeting of the Board shall be presided over by the Ch
airperson and,
in his or her absence, the Board members present shall appoint from amon
gst
themselves a person to chair the meeting.
(5) Every decision shall be taken by a majority of the votes of
the persons
present and, in the case of an equality of votes, the Chairperson shall
exercise a
casting vote.
(6) The Board Secretary shall act as the Council Secretary and
shall keep
minutes of the proceedings of the Board.

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The National Children’s Council Act 2003
(7) The minutes of proceedings of every meeting of
the Board shall be
signed by the Chairperson of the meeting and the Council Secretary, and
an extract
signed by the Chairperson and the Council Secretary shall be prima facie evidence
of any matter contained therein.
(8) Subject to this section, the Board shall regula
te its meetings and
proceedings in such manner as it thinks fit.

12. Sub-committees of the Board
(1) A sub-committee appointed under section 10(2)
shall be composed
of not more than 7 Board members and shall meet as often as the Chairper
son may
decide.
(2) Repealed by [
Act No. 9 of 2005]

(3) Three members of a sub-committee shall cons
titute a quorum.
(4) Subject to this section, a sub-committee shall regulat
e its proceedings in
such manner as it thinks fit.
(5) Every member of a sub-committee shall be paid s
uch allowance as
the Board may, with the approval of the Minister, determine.

13. National Children’s Committee
(1) There shall be a National Children’s Committ
ee which shall consist of
15 boys and girls –
(a)
between the ages of 15 and 18;
(b)
who shall be elected every 3 years by and from children’s
organisations which have been registered with the Council for not less t
han 6
months; and
(c)
who shall elect from among themselves a President and a Vice-
President.
(2) The National Children’s Committee shall meet at least on
ce every 3 months.

(3) The National Children’s Committee –
(a)
may deliberate on any matter relating to child welfare; and

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The National Children’s Council Act 2003
(b) shall deliberate, and give its views to the Board, on such matters as
may be referred to it by the Board.
(4) The President and Vice-President of the Nationa
l Children’s
Committee may attend a meeting of the Board, at the request of the Board
.
(5) There shall be a Secretary to the National Chil
dren’s Committee who
shall be appointed by the Board and who shall have such functions as may
be
assigned to him, or her, by the Board.

(6) For the purposes of this section, “child
ren’s organisations” includes –
(a)
Kids’ and Teens’ Clubs;
(b)
Students’ Councils of educational institutions; and
(c)
children’s associations from non-governmental organisations.
PART IV – STAFF OF THE COUNCIL

14. Council Secretary
(1) There shall be a Council Secretary who shall be
responsible for the
execution of the objects of the Council and for the control and manageme
nt of the
day-to-day business of the Board.
(2) The Council Secretary shall be appointed by the
Board on such terms
and conditions as may be approved by the Minister.
(3) In the exercise of his or her functions, the Cou
ncil Secretary shall act
in accordance with such directions as he or she may receive from the Boa
rd.
(4) The Council Secretary may attend and take part i
n the proceedings of
the Board as well as those of the Council, but shall not vote on any mat
ter.
(5) The Council Secretary may, with the approval of
the Board, delegate
his, or her functions or any power delegated to him, or her under sectio
n 10(4) to an
employee.

15. Other employees
(1) The Board may, with the Minister’s approval,
employ such persons as
may be necessary for the proper discharge of its functions.
(2) Every employee shall be under the administrative
control of the
Council Secretary.
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The National Children’s Council Act 2003
(3) Subject to subsection (1), the Board may make
provision, in such
form as it may determine, to govern the recruitment and general conditio
ns of
service of employees and, in particular, to deal with –
(a)
the recruitment, appointment, dismissal, discipline, pay and leave
of employees;
(b)
appeals by employees against dismissal or other disciplinary
measures; and
(c)
the establishment and maintenance of provident and pension fund
schemes and the contributions payable to, and the benefits recoverable
from, those schemes.
PART V – MISCELLANEOUS

16. Protection of members and employees
No civil or criminal liability shall attach to the Council S
ecretary or to any Board
member, member of the Council or employee, or to the Council, in respect
of any loss
arising from the exercise in good faith by such member or employee or by
the Council of
his, her or its functions under this Act.
17.
Funds of the Council
(1)
The Council may raise money by –
(a)
means of membership fees and subscriptions;
(b)
receiving grants and donations;
(c)
organising fund-raising events; and
(d)
securing sponsorship from private firms and individuals.
(2) The income and property of the Council shall be
applied solely
towards the promotion of the objects of the Council.

(3) The Board shall establish a General Fund –
(a)
into which all money received by the Council shall be paid; and
(b)
out of which all payments required to be made by the Council shall be
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The National Children’s Council Act 2003
effected.
18.
Estimates
(1) The Board shall, not less than 3 months before the beginnin
g of every
financial year, submit to the Minister a consolidated estimate of the ex
penditure and
income of the Council.
(2) Subject to subsection (3), the Minister shall, before the
beginning of the
financial year, signify in writing his or her approval of the estimates.

(3) In signifying the approval under subsection (2), the
Minister may –
(a)
approve part only of the expenditure under any item; and
(b)
direct the Board to amend the estimates in respect of any item.

19. Annual report
(1) The Board shall, not later than 30 September in
every year, issue an
annual report on its activities and audited accounts for the financial y
ear.
(2) The annual report shall include a review of all
events which, during
the preceding year, were capable of having an incidence on the protectio
n of the
rights and welfare of children.
(3) The annual report shall be submitted to the Min
ister for his or her
approval and shall be laid subsequently on the table of the Assembly.
20.
Documents
(1) Subject to subsection (2), every document rel
ating to the Council
shall be signed by the Chairperson and the Council Secretary or, where e
ither of
them is unable to do so, by such other person designated for the purpose
by the
Board.
(2) A document to which the Council is a party may
be signed outside
Mauritius by a person nominated for that purpose by the Board.
21.
Powers of the Minister
The Minister may, after consultation with the Board, give su
ch directions of a
general character to the Board not inconsistent with this Act as he or s
he considers
necessary in the public interest, and the Board shall comply with those
directions.
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The National Children’s Council Act 2003
22.
Donations
(1) Article 910 of the Code Civil Mauricien shall n
ot apply to any donation
received by the Council.
(2) Where a taxpayer makes a donation to the Counci
l, the amount so
donated shall, upon certification by the Board, be deductible from the g
ross income
of the taxpayer in the income year in which he or she made the donation.
23.
Exemptions
Notwithstanding any other enactment, the Council shall be ex
empt from the
payment of any duty, charge, fee or rate other than value added tax.

24.
Service of process
Service of process by or on the Council Secretary shall be e
quivalent to service by
or on the Council.
25.
Regulations

The Minister may make such regulations as he or she thinks f
it for the purposes of
this Act.

26. Repeal

The National Children’s Council Act is repealed.

27. Assets, rights and liabilities
(1) All the assets, rights and liabilities of the f
ormer National Children’s
Council shall, at the commencement of this Act, vest in the Council with
out
compliance with any other formality.
(2) All proceedings, judicial or extra-judicial, st
arted by or against the
former National Children’s Council shall, at the commencement of this
Act, be
deemed to have been started by or against the Council.
(3) Every organisation which is a member of the for
mer National
Children’s Council shall, at the commencement of this Act, become a m
ember of the
Council.

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The National Children’s Council Act 2003
(4) (a) Any person who is employed by the former Nationa
l Children’s
Council may, subject to paragraph (b), be offered employment by the Bo
ard.

(b) The Board may offer employment to a person referred to
in
paragraph (a) in a post which is different from the one which he or sh
e holds
with the former National Children’s Council.
(5) In this section, “former National Children’
s Council” means the
National Children’s Council established by the enactment repealed by
section 26.

28. Transitional provisions
(1) The first annual general meeting of the Council
shall take place, and
the Board shall issue its first annual report, not later than 15 months
after the
commencement of this Act.
(2) For the purposes of the Statutory Bodies (Acco
unts and Audit) Act,
the period extending from the commencement of this Act to 30 June next f
ollowing
shall be deemed to be the first financial year of the Council.
(3) Section 7(1) of the Statutory Bodies (Accoun
ts and Audit) Act shall
not apply in relation to the first financial year of the Council.
(4) The auditor to be appointed under section 5 of
the Statutory Bodies
(Accounts and Audit) Act shall be the Director of Audit.

29. –

Related documents:
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