National Youth Council Act(Act 7)

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  • Country: Mauritius
  • Language: English
  • Document Type: Domestic Law or Regulation
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THE NATIONAL YOUTH COUNCIL ACT 1998
THE NATIONAL YOUTH COUNCIL ACT 1998

Act No. 7 of 1998

Proclaimed by [
Proclamation No. 9 of 2000] w.e.f. 9 th February, 2000

ARRANGEMENT OF SECTIONS

Sections
1.
Short title
2.
Interpretation
3.
Establishment of the National Youth Council
4.
Objects of the Council
5.
Functions of the Council
6.
Membership of the Council
7.
Committee
8.
Tenure of Office
9.
Secretary and staff
10.
Duties of the Secretary
11.
Meetings of the Council
12.
Meetings of the Committee
13.
Regional Youth Councils
14.
Duties of Regional Youth Councils
15.
Membership of a Youth Regional Council
16.
Regional Youth Council Executive Committee
17.
Meetings of Regional Youth Councils
18.
Meetings of a Regional Youth Council Executive Committee
19.
Suspension of membership by a Regional Youth Council
20.
Funds of the National Youth Council
21.
Execution of documents
22.
Donations and legacies
23.
Powers of the Minister
24.
Regulations
25.
Consequential amendment
26.
Commencement
An Act
To provide for the establishment of the National Youth Council

ENACTED by the Parliament of Mauritius, as follows —

1. Short title

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THE NATIONAL YOUTH COUNCIL ACT 1998
This Act may be cited as the National Youth Council Act 1998.

2. Interpretation
In this Act —
“Committee” means the National Youth Council Executive
Committee specified in section 7;
“Council” means the National Youth Council established under

section 3;
“Minister” means the Minister to whom the subject of youth is
assigned;
“National Youth Organisation” means a youth organisation
specified in the Schedule;
“Regional Youth Council” means a Regional Youth Council
established under section 13;
“youth” means a person aged between 14 and 29 years;
“youth organisation” means any youth organisation catering for
the welfare of youth and includes a youth club;
“Secretary” means the Secretary of the Council.

3. Establishment of the National Youth Council
(1) There is established for the purposes of this Act, the Nati
onal Youth Council.

(2) The National Youth Council shall be a body corporate.

4. 0bjects of the Council

(1) The objects of the Council shall be —

(a)
to establish and maintain effective communication
between Government and youth organisations;
(b)
to ensure coordination of activities of youth
organisations;
(c)
to assist in the implementation and evaluation of
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THE NATIONAL YOUTH COUNCIL ACT 1998
Government policies relating to the needs of youth;
(d) to initiate youth development projects and activities with the aim of
encouraging the active participation of youth in the process of their ow
n
empowerment.
(2) The Council shall, for the purposes of attaining its objec
ts under subsection (1)

(a)
examine and evaluate the contribution of youth to the
various sectors of development in the light of national
needs and priorities;

(b)
study specific areas where the participation of youth
should be invited or strengthened.

5.
Functions of the Council
(1)
The functions of the Council shall be —
(a) to advise the Minister on the development and
implementation of programmes to integrate
youth in
all sectors of national development;

(b) to grant affiliation to National Youth
Organisations;
(c) to allocate grants to Regional Youth Councils.

(2) In the exercise of its functions the Council may appoin
t
such subcommittees as it deems fit.

6. Membership of the Council
(1) Any National Youth Organisaation may apply to the Co
uncil for affiliation.
(2) Every National Youth Organisaation shall, on applyi
ng to become a
member of the Council, submit a certified copy of its rules to the Counc
il.
(3) Every National Youth Organisation shall, within 21
days of any
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THE NATIONAL YOUTH COUNCIL ACT 1998
amendment made to its rules, submit a certified copy of the amendment to
the
Council.
(4) Every Regional Youth Council shall be affiliate
d to the Council.

7. Committee

(1) The Council shall be managed by the National Youth Council E
xecutive
Committee.

(2) The Committee shall consist of —

(a) a Chairman appointed by the Minister;
(b) a representative of the Ministry of Youth and
Sports;
(c) a representative of the Ministry For Rodrigues;
(d) a representative of the Ministry of Women, Family Welfare and Child
Development;
(e) one member elected by the National Yout
h
Organisations;
(f) one representative nominated by the Re
gional
Youth Councils;
(g) 3 members, having experience and proven
ability
in the field of youth, appointed by the
Minister.
(3)
No person who is —
(a) an office bearer of a political party; or
(b) a member of the National Assembly or of a local
authority,
shall be qualified to be a member of the Committee.
(4)
The members may be paid such fees as may be
determined by the Ministry of Finance.
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THE NATIONAL YOUTH COUNCIL ACT 1998

8. Tenure of Office
(1) A member shall hold office for a period of 2 years, on su
ch terms and
conditions as the Minister may determine and, subject to subsection (2)
shall
be eligible for reappointment.
(2)
No person shall sit on the Committee for more than 2
Consecutive terms.

9. Secretary and Staff
(1) The Council may appoint, with the approval of the
Minister, and on
such terms and conditions as it thinks fit —

(a)
a Secretary, who shall be responsible for the
execution of the policy, and the control and
management of the day to day business, of the
Council;
(b)
such employees as may be necessary for the proper
discharge of its functions under this Act.
(2) Every employee shall be under the administrative control of th
e Secretary.
10.
Duties of the Secretary

The Secretary shall —
(a)
have the custody of all books, deeds and documents
relating to the Council;
(b) keep minutes of all proceedings of the Council and the Committee;
(c) forward to the Minister every year, on or before 31 August, a statement
of
accounts and the balance sheets of the Council;
(d) submit to the Minister an annual report of the activities of the Council
; and
(e) perform such other duties as the Council may assign to him.

11. Meetings of the Council
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THE NATIONAL YOUTH COUNCIL ACT 1998
(1) Subject to subsection (2), the annual general mee
ting of the Council

take place at such place and at such time as the Committee may determine
and
not later than 3 months after the 30 June in each year.
(2) The first annual general meeting of the Council sha
ll take place
within 15 months of the commencement of this Act.
(3) The Secretary shall give at least 21 day
s notice of the date,
time, place and agenda of an annual general meeting to —

(a) the executive members of the National Youth Organisations;
and
(b) the executive members of the Regional Youth Councils specified in
section 16(2).
(4) The Committee shall place before the annual general meet
ing the annual
report and the audited accounts of the Council.

(5) One third of the total number of the executive members sp
ecified in
subsection (3) shall constitute a quorum.
(6) A special meeting of the Council may be convened by the S
ecretary at the
request of the Council or upon receipt of the written request of at leas
t half of the
total number of National Youth Organisations and Regional Youth Councils
affiliated
to the Council.
(7)
Every executive member specified in subsection (3) shall have one vote
.

12. Meetings of the Committee
(1) The Committee shall meet at least once monthly at such place a
nd at such
time as the Chairman may determine.

(2) Five members shall constitute a quorum.
(3)
The Committee shall regulate its proceedings in such manner as it thinks
fit.
(4)
The Secretary shall give at least 7 days notice of the date, time, place
and
agenda of any meeting of the Committee.

13. Regional Youth Councils

(1) There shall be in each district a Region
al Youth Council.

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THE NATIONAL YOUTH COUNCIL ACT 1998
(2) For the purposes of this Act, the Island of Rodrigues
shall be considered
as a district.

(3) Every Regional Youth Council shall promote the objectives of the C
ouncil and
shall organise activities with the collaboration of youth organisations
in the district.
(4) Every Regional Youth Council shall establish an agenda of activiti
es for the year,
in collaboration with the Council.

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THE NATIONAL YOUTH COUNCIL ACT 1998
14. Duties of Regional Youth Councils
(1) Every Regional Youth Council shall keep a register of youth org
anisations
affiliated to it.
(2) Every Regional Youth Council shall produce its books and docume
nts for
inspection whenever so requested by the National Youth Council.
(3) Every Regional Youth Council shall submit a certified report of
its activities
and its statement of accounts duly audited to the National Youth Council
on or
before the 31 July of each year.
15. Membership of a Regional Youth Council
(1) Any youth organisation may apply for affiliation to the approp
riate Regional
Youth Council.
(2) A Regional Youth Council shall not grant affiliati
on to a youth
organisation, unless it is satisfied that the principal objectives of th
e youth
organisation are compatible with the aims and objectives of the Regional
Youth
Council.
16. Regional Youth Council Executive Committee

(1) Every Regional Youth Council shall be managed and administered by a
Regional Youth Council Executive Committee.
(2) Every Regional Youth Council Executive Committee shall be comp
osed of 9
members aged between 14 and 29 years, elected for a period of 2 years.
(3) Every youth organisation affiliated to a Regional Youth Counci
l shall nominate
one representative to stand for election to the Regional Youth Council E
xecutive
Committee.

(4) An election under subsection (2) shall be conducted in
such manner as the
Council may prescribe.

(5) The members elected under subsection (2) shall elect a
mong themselves
the Chairman, the Vice Chairman and the Secretary of a Regional an Youth
Council
Executive Committee.

17. Meetings of Regional Youth Councils
(1) The Annual General Meeting of a Regional Youth Council sh
all be
convened at such place and at such time as may be determined by the Regi
onal
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THE NATIONAL YOUTH COUNCIL ACT 1998
Youth Council Executive Committee, but not later than 31 August of each
year.
(2) The Secretary of the Regional Youth Council shall give no
tice of the annual
general meeting at least 15 days in advance.
(3) One third of the total number of youth organisations shal
l constitute a
quorum.
(4) The meeting shall be chaired by the Chairman of the Regio
nal Youth
Council and in his absence by the Vice-Chairman.

(5) Two auditors shall be appointed at the annual general mee
ting.

18. Meetings of a Regional Youth Council Executive Committee

(1) A Regional Youth Council Executive Committee shall meet a
t least once
monthly at such place and at such time as the Chairman of the Regional Y
outh
Council may determine.
(2) The Secretary of the Regional Youth Council shall give at
least 5 clear days
notice of any meeting of a Regional Youth Council Executive Committee.
(3) Five members of a Regional Youth Council Executive Comm
ittee shall
constitute a quorum.
(4) A Regional Youth Council Executive Committee shall regu
late its
proceedings in such manner as it deems fit.

19. Suspension of membership by a Regional Youth Council
(1) A Regional Youth Council may suspend the membership of any youth
organisation, if it is satisfied that the youth organisation —
(a)has acted in a manner which is prejudicial to the
interests of the Regional Youth Council or the
National Youth Council; or

(b)is wound up.
(2) Any youth organisation aggrieved by a decision of a Regional Youth
Council
under subsection (1) or section 15(2), may appeal to the National Yo
uth Council
within a period of one month of the communication of the decision to it.

(3) The appeal shall be in such form as the National Youth Council
may determine.

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20. Funds of the National Youth Council
(1) The National Youth Council shall receive grants from the Ministry for its
operation and may raise funds from other sources.
(2) The income of the National Youth Council shall be applied
solely towards the promotion of the objects of the Council.

21. Execution of documents

(1) Subject to subsection (2), all documents shall be
deemed to be
executed by or on behalf of the Council if signed by the Chairman of the
Council.
(2) Every cheque of the Council shall be signed by
the Chairman and
the Secretary of the Council.

22. Donations and legacies

Article 9l0 of the Code Napoleon shall not apply to the Council.
23. Powers of the Minister

The Minister may, in the public interest, give such directions not incon
sistent with this Act,
to the Council and the Council shall comply with those directions.

24.
Regulations

The Minister may —
(a)
make such regulations as he thinks fit for the purposes
of this Act;
(b) by regulations, amend the Schedule.

25.
Consequential amendment

(1)
Subject to subsections (2) and (3), the Schedule to the Statutory Bo
dies (Accounts
and Audit) Act is amended in Part II by inserting in its appropriate al
phabetical place the
following item –
National Youth Council
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THE NATIONAL YOUTH COUNCIL ACT 1998
(2) For the purposes of the Statutory Bodies (Accounts and A
udit Act, the
period extending from the commencement of this Act to 30 June next follo
wing shall
be deemed to be the first financial year of the Council.

(3) Section 7(1) of the Statutory Bodies (Accounts and Audi
t Act shall not
apply for the first financial year of the Council.
(4) The auditor to be appointed under section 5(1) of the St
atutory Bodies
(Accounts and Audit) Act shall be the Director of Audit.

————————-

SCHEDULE

(section 2)

NATIONAL YOUTH ORGANISATIONS

Federation of UNESCO Clubs

Mauritius Council of Social Services

Mauritius Girl Guides Association

Mauritius Red Cross Society

Mauritius Scouts Association

National Federation of Youth Farmers Clubs

St. John Ambulance Brigade

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