(c)
provision is made by a law applicable to that taking of possession or
acquisition (i)
for the payment of adequate compensation; and
(ii)
securing to any person having an interest in or right over the
property aright of access to the Supreme Court, whether direct or on
appeal from any other authority, for the determination of his interest
or right, the legality of the taking of possession or acquisition of the
property, interest or right, and the amount of any compensation to
which he is entitled, and for the purpose of obtaining payment of that
compensation.
Amended by [Act No. 14 of 1983]
(2)
No person who is entitled to compensation under this section, other than a resident
of Mauritius, shall be prevented from remitting, within a reasonable time after he
has received any amount of that compensation, the whole of that amount (free from
any deduction, charge or tax made or levied in respect of its remission) to any
country of his choice outside Mauritius.
Amended by [Act No. 14 of 1983]
(3)
(4)
Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of subsection (2) to the extent that the law in
question authorises (a)
the attachment, by order of a court, of any amount of compensation to which
a person is entitled in satisfaction of the judgment of a court or pending the
determination of civil proceedings to which he is a party;
(b)
the imposition of reasonable restrictions on the manner in which any amount
of compensation is to be remitted; or
(c)
the imposition of any deduction, charge or tax that is made or levied
generally in respect of the remission of money from Mauritius and that is not
discriminatory within the meaning of section 16(3).
Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of subsection (1) (a)
to the extent that the law in question makes provision for the taking of
possession or acquisition of property (i)
in satisfaction of any tax, rate or due;
(ii)
by way of penalty for breach of the law or forfeiture inconsequence
of a breach of the law or in consequence of the inability of a drugtrafficker or a person who has enriched himself by fraudulent and/or
corrupt means to show that he has acquired the property by lawful
means;