November 07, 2011

Mauritius government has enacted a Bill “THE SANSKRIT-SPEAKING UNION BILL


The Mauritius government has enacted a Bill “THE SANSKRIT-SPEAKING UNION BILL (No. XI of 2010)”. The object of this Bill is to provide for the establishment, operation and management of the Sanskrit-speaking Union by the Parliament of Mauritius.

The bill as being introduced is being circulated, a copy of which is enclosed herewith. Could this be an eye-opener for our Indian Central government and other state governments who are only doing lip service to the cause of samskritam?



THE SANSKRIT-SPEAKING UNION BILL
(No. XI of 2010)
Explanatory Memorandum
The object of this Bill is to provide for the establishment, operation and
management of the Sanskrit-speaking Union.
M. CHOONEE
25 June 2010 Minister of Arts and Culture
_______________
THE SANSKRIT-SPEAKING UNION BILL
(No. XI of 2010)
ARRANGEMENT OF CLAUSES
Clause
1. Short title
2. Interpretation
3. Establishment of Union
4. Objects and functions of Union
5. Ordinary members of Union
6. Executive Council
7. Meetings of Council
8. Director
9. Appointment of employees
10. Conditions of service of
employees
11. Patron of Union
12. Execution of documents
13. Powers of Minister
14. General Fund
15. Donations
16. Estimates
17. Annual report
18. Rules
19. Transitional provisions
20. Commencement
SCHEDULE
_______________
A BILL
To provide for the establishment, operation and management of the
Sanskrit-speaking Union
ENACTED by the Parliament of Mauritius, as follows –
1. Short title
This Act may be cited as the Sanskrit-speaking Union Act 2010.
2. Interpretation
In this Act –
“Council” means the Executive Council referred to in section 6;
“Director” means the Director of the Union appointed under section 8;
“employee” –
(a) means a person employed as such under section 9;
(b) includes the Director;
“financial year” has the same meaning as in section 2A of the Finance and
Audit Act;
“licensed auditor” has the same meaning as in the Financial Reporting
Act;
“member” means a member of the Council referred to in section 6;
“Minister” means the Minister to whom responsibility for the subject of
culture is assigned;
“ordinary member” means an ordinary member of the Union referred to in
section 5;
“Permanent Secretary” means the Permanent Secretary of the Ministry;
“President” means the President of the Council referred to in
section 6(2)(a);
“Union” means the Sanskrit-speaking Union established under
section 3.
3. Establishment of Union
(1) There is established, for the purposes of this Act, the Sanskritspeaking Union.
(2) The Union shall be a body corporate.
(3) The principal place of business of the Union shall be at such place
as the Council may determine.
4. Objects and functions of Union
The objects and functions of the Union shall be to –
(a) promote the Sanskrit language in its spoken and written forms;
(b) promote friendship and understanding between the Sanskritspeaking peoples of the world and to engage in any educational,
academic, cultural and artistic work to further that objective;
(c) provide facilities for the exchange of views affecting the interest,
well-being, development, relationships and common problems of
the Sanskrit-speaking peoples of the world;
(d) promote and encourage the linguistic development among all
people having an interest in the Sanskrit language with special
emphasis on the cultural, artistic, economic and social perspectives
of the language;
(e) provide facilities for exchange programmes, scholarships and social
intercourse between the Union and other organisations at
international level;
(f) promote, organise and encourage correspondence, conferences,
seminars, workshops, debates, elocution exercises, training,
competitions, artistic performances and demonstrations for persons
interested in the Sanskrit language;
(g) promote, organise and encourage literary activities and the
interchange of Sanskrit books, pamphlets, periodicals and other
information among local universities, colleges, schools and other
institutions, and with overseas educational institutions;
(h) promote and encourage the publication, exhibition, distribution and
sale of Sanskrit books, magazines, newspapers and other literary
works;
(i) promote intercultural and interlinguistic understanding and harmony
through exchange and participation in joint projects;
(j) open branches throughout Mauritius on a regional basis and be
affiliated to any organisation in another country whose objectives
are similar to those of the Union;
(k) undertake and carry out all such work as may be deemed
necessary for the attainment of the objects of the Union and to do
all such things as are incidental or conducive to the
accomplishment of any or all of them.
5. Ordinary members of Union
(1) The Union shall consist of ordinary members having an interest in
the development, propagation and promotion of the Sanskrit language.
(2) The number of ordinary members shall be unlimited but
membership shall be subject to the approval of the Council.
(3) Every ordinary member shall pay to the Union such entrance fee
and such monthly fee as the Council may determine.
6. Executive Council
(1) The Union shall be administered and managed by an Executive
Council which shall consist of –
(a) 12 members elected, in the manner specified in the
Schedule, from the ordinary members of the Union; and
(b) a representative of the Ministry.
(2) The members referred to in subsection (1)(a) shall, from amongst
themselves, elect the following office bearers of the Council –
(a) a President;
(b) a First Vice-President;
(c) a Second Vice-President;
(d) a Secretary;
(e) an Assistant Secretary;
(f) a Treasurer;
(g) an Assistant Treasurer; and
(h) a Public Relations Officer.
(3) The members and the office bearers, other than an ex officio
member, shall hold office for a period of 2 years.
(4) The Council may co-opt on an ad hoc basis such number of
members as it may determine, but any co-opted member shall not have the right
to vote.
(5) The Council may –
(a) in the interest of the Union, cancel the membership of any
ordinary member;
(b) remove any member or fill any vacancy arising in its
membership or any office thereof.
7. Meetings of Council
(1) The Council shall meet as often as is necessary but at least once
every month at such time and place as the President thinks fit.
(2) Seven members shall constitute a quorum at any meeting of the
Council.
(3) Subject to this section, the Council shall regulate its meetings in
such manner as it thinks fit.
8. Director
(1) There shall be a Director of the Union who shall be appointed by
the Council on a part-time basis and on such terms and conditions as it may
determine.
(2) The Director shall be responsible for the execution of the policy of
the Union and the control and management of the day-to-day business of the
Union.
(3) The Director shall, unless otherwise directed by the Council, attend
every meeting of the Council and may take part in its deliberations, but shall not
have the right to vote.
9. Appointment of employees
(1) The Council may appoint, on such terms and conditions as it thinks
fit, such employees as may be necessary for the proper discharge of its functions
under this Act.
(2) Every employee referred to in subsection (1) shall be under the
administrative control of the Director.
10. Conditions of service of employees
The Council may make provision to govern the conditions of service of its
employees and in particular to deal with –
(a) the appointment, retirement, dismissal, discipline, pay and leave of,
and the security to be given to, employees;
(b) appeals by employees against dismissal and any other disciplinary
measure; and
(c) the establishment and maintenance of provident and pension fund
schemes and any other scheme, and the contributions payable to
and the benefits recoverable from those schemes.
11. Patron of Union
The Council may appoint such suitable person as it thinks fit as Patron of
the Union.
12. Execution of documents
(1) Subject to subsection (2), no document shall be executed or signed
by or on behalf of the Union unless it is signed by –
(a) the President or, in his absence, the First Vice-President;
and
(b) the Director or, in his absence, a member designated by the
Council.
(2) No deed or document of a financial nature shall be executed or
signed by or on behalf of the Union unless it is signed by –
(a) the President and the Director, or in the absence of one of
them, the First Vice-President; and
(b) the Treasurer or, in his absence, the Assistant Treasurer.
13. Powers of Minister
(1) The Minister may give such written directions of a general character
to the Council, not inconsistent with this Act, as he considers necessary in the
public interest, and the Council shall comply with those directions.
(2) The Minister may require the Council to furnish such information in
such manner and at such time as he thinks necessary in respect of its activities
and the Council shall supply such information.
14. General Fund
The Union shall set up a General Fund –
(a) into which all monies received from any source by the Union shall
be paid;
(b) out of which all payments required to be made for the purposes of
this Act by the Union shall be effected.
15. Donations
Article 910 of the Code Civil Mauricien shall not apply to the Union.
16. Estimates
(1) The Union shall submit to the Minister, not later than 30 September
in every year, an estimate of the income and expenditure of the Union for the
next financial year for his approval.
(2) Where the Minister gives his approval under subsection (1), he may
(a) approve only part of the expenditure under any item; and
(b) direct the Union to amend the estimate in respect of any item
in such manner as he thinks fit.
17. Annual report
(1) The Council shall, on such terms and conditions as it thinks fit,
appoint a licensed auditor to audit the financial affairs of the Union.
(2) The Council shall, not later than 4 months after the end of a
financial year, submit to the Minister an annual report together with an audited
statement of accounts on the operation of the Union in respect of that financial
year.
(3) The Minister shall, at the earliest available opportunity, lay a copy
of the annual report and audited accounts of the Union before the Assembly.
18. Rules
(1) The Council may make such rules as it thinks fit for the purposes of
this Act.
(2) Rules made under this section shall not be required to be –
(a) otherwise approved; or
(b) laid before the Assembly.
19. Transitional provisions
(1) Notwithstanding the other provisions of this Act, the Minister shall,
at the commencement of this Act, appoint –
(a) not more than 40 ordinary members, who shall be the initial
ordinary members of the Union;
(b) 12 members of the Council from amongst the ordinary
members appointed under paragraph (a); and
(c) office bearers from amongst the members appointed under
paragraph (b).
(2) The members and office bearers appointed under
subsection (1)(b) and (c) shall hold office for a period of 2 years.
20. Commencement
(1) Subject to subsection (2), this Act shall come into operation on a
date to be fixed by Proclamation.
(2) Different dates may be fixed for the coming into operation of
different sections.
_______________
SCHEDULE
[Section 6(1)(a)]
PROCEDURE FOR ELECTION
1. Calling for nominations and appointment of nomination day
Not less than one month before the expiry of the term of office of the
members specified in sections 6(1)(a) and 19(2), the Permanent Secretary shall
publish, in the Gazette and such newspaper as he thinks fit, a notice –
(a) inviting the submission of nominations; and
(b) appointing a day, time and place for the nominations to be
submitted.
2. Eligibility to stand as candidate
No person shall be eligible to stand as candidate for the election as a
member of the Council unless on the nomination day, he is an ordinary member
of the Union.
3. Procedure after nomination
Where the number of persons duly nominated exceeds the number of
persons to be elected, the Permanent Secretary shall publish, in the Gazette and
such newspaper as he thinks fit, a notice –
(a) specifying the names of the persons duly nominated;
(b) appointing a day, time and place, being not less than 15 days after
the publication of the notice, for the holding of an election.
4. Persons entitled to vote
(1) Every person who, on nomination day, is an ordinary member of
the Union shall be entitled to vote for the election of the members of the Council.
(2) Every ordinary member shall vote for such number of candidates as
there are vacancies available in the membership of the Council.


5. Election
(1) The election of the members of the Council shall be conducted
under the supervision of the Permanent Secretary or his representative.
(2) The Permanent Secretary shall submit to the Minister the results of
the election forthwith.
(3) The Minister shall, within 21 days of receipt of the results of the
election, publish in the Gazette the composition of the Council.
_______________

1 comment:

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