(2)
(a)
to the extent that the law in question makes provision for reducing, limiting,
modifying, or withholding the payment of any retiring allowances to any
serving or former Member of the National Assembly; and
(b)
to the extent that the law in question makes provision for its coming into
operation with retrospective effect.
References in this section to the law relating to the payment of retiring allowances
include (without prejudice to their generality) references to the law regulating the
circumstances in which such retiring allowances may be paid or in which the grant
of such retiring allowances may be refused, the law regulating the circumstances in
which any such retiring allowances that have been granted may be reduced in
amount, limited, modified or withheld and the law regulating the amount of any such
retiring allowances.
Amended by [Act No. 4 of 1996]
18.
Derogations from fundamental rights and freedoms under emergency powers
(1)
Nothing contained in or done under the authority of a law shall be held to be
inconsistent with or in contravention of section 5 or section 16 to the extent that the
law authorises the taking during any period of public emergency of measures that
are reasonably justifiable for dealing with the situation that exists in Mauritius during
that period:
Provided that no law, to the extent that it authorises the taking during a period of
public emergency, other than a period during which Mauritius is at war, of measures
that would be inconsistent with or in contravention of section 5 or section 16 if taken
otherwise than during a period of public emergency, shall have effect unless there
is in force a Proclamation of the President declaring that, because of the situation
existing at the time, the measures authorised by the law are required in the
interests of peace, order and good government.
(2)
A Proclamation made by the President for the purposes of this section (a)
shall, when the Assembly is sitting or when arrangements have already
been made for it to meet within 7 days of the date of the Proclamation, lapse
unless within 7 days the Assembly by resolution approves the Proclamation;
(b)
shall, when the Assembly is not sitting and no arrangements have been
made for it to meet within 7 days, lapse unless within 21 days it meets and
approves the Proclamation by resolution;
(c)
shall, if approved by resolution, remain in force for such period, not
exceeding ê months, as the Assembly may specify in the resolution;
(d)
may be extended in operation for further periods not exceeding 6 months at
a time by resolution of the Assembly;