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Conservatoire de Musique François-Mitterrand

Conservatoire Act


CONSERVATOIRE NATIONAL DE MUSIQUE FRANÇOIS MITTERRAND
TRUST FUND ACT*
Act 6 of 1992 – 12 June 1992

 

ARRANGEMENT OF SECTIONS

SECTION

1. Short title                                                               9. Execution of documents
2. Interpretation                                                         10. Powers of Minister
3. Establishment of Fund                                              11. Financial provision and management
4. Objects of Fund                                                       12. Accounts of Fund
5. The Board                                                               13. Donations and legacies
6. Meetings of Board                                                    14. Regulations
7. The Director                                                            15. Transitional provisions
8. Appointment of staff                                                 16. —

_____________________________

CONSERVATOIRE NATIONAL DE MUSIQUE FRANÇOIS MITTERRAND
TRUST FUND ACT*

1. Short title
This Act may be cited as the Conservatoire National de Musique François Mitterrand Trust Fund Act.

[S. 1 amended by s. 3 of Act 22 of 2007 w.e.f. 22 December 2007.]

2. Interpretation
In this Act—
“Board” means the Board of Trustees referred to in section 5;
“Conservatoire” means the Conservatoire National de Musique François Mitterrand;
“Director” means the Director appointed under section 7;
“Fund” means the Conservatoire National de Musique François Mitterrand Trust Fund established by section 3;
“member” means a member of the Board and includes the Chairperson;
“Minister” means the Minister to whom responsibility for the subject of education is assigned.

[S. 2 amended by s. 3 of Act 22 of 2007 w.e.f. 22 December 2007.]

3. Establishment of Fund
(1) There is established for the purposes of this Act the Conservatoire National de Musique François Mitterrand Trust Fund.
(2) The Fund shall be a body corporate.

[S. 3 amended by s. 3 of Act 22 of 2007 w.e.f. 22 December 2007.]

 __________________

* EDITORIAL NOTE: The Conservatoire de Musique François Mitterrand Trust Fund Act (Act 6 of 1992) was retitled as above by Act 22 of 2007.  

4. Objects of Fund
The objects of the Fund shall be to—
(a) manage the Conservatoire and its branches;
(b) organise and run music courses, including courses of music technology at all levels;
(c) promote music and the Mauritian musical heritage;
(d) advise the Minister on short-term and long-term plans for teaching of music and on the need for appropriate research in the field of music.

[S. 4 amended by s. 4 of Act 22 of 2007 w.e.f. 22 December 2007.]

 5. The Board
(1) There shall be a Board of Trustees which shall be in charge of the Fund.
(2) The Board shall consist of—
(a) a Chairperson, to be appointed by the Minister;
(b) a representative of the Ministry responsible for the subject of education;
(c) a representative of the Ministry responsible for the subject of finance;
(d) a representative of the Ministry responsible for the subject of arts and culture;
(e) the Director of the Conservatoire;
(f) the Chairperson of the Parent-Teachers’ Association of the Conservatoire;
(g) a representative of the Mauritius Examinations Syndicate;
(h) a representative of employees of the Conservatoire appointed by the Minister; and
(i) 3 persons with experience or special knowledge in the matters specified in the objects of the Fund, to be appointed by the Minister.
(3) A member, other than an ex officio member, shall hold office for a period of 2 years but shall be eligible for reappointment.

[S. 5 amended by s. 5 of Act 22 of 2007 w.e.f. 22 December 2007.]

 6. Meetings of Board
(1) The Board shall meet at such place and time as the Chairperson thinks fit.
(2) Six members of the Board shall constitute a quorum.
(3) No member who has a direct or indirect pecuniary interest in any item on the agenda of the Board shall take part in the deliberations of the Board on that item.

7. The Director
(1) The Board shall—
(a) with the approval of the Minister, appoint a Director; and
(b) after consultation with the Minister, determine the terms and conditions of service of the Director.

(2) The Director shall be responsible for—
(a) the execution of the policy of the Board; and
(b) the control and management of the Conservatoire.

(3) The Director shall attend the meetings of the Board and take part in its deliberations, but shall not have a right to vote on any issue before the Board.

8. Appointment of staff
(1) The Board may, with the approval of the Minister, appoint such staff as it may require to discharge its functions.
(2) Every member of staff shall be under the administrative control of the Director.
(3) The Board shall, after consultation with the Minister, determine the terms and conditions of service of the staff.

9. Execution of documents
(1) No document shall be executed by or on behalf of the Fund unless it is signed by the Chairperson and another member appointed by the Board or, in the absence of the Chairperson, by 2 members appointed by the Board.
(2) Every document signed in accordance with subsection (1) shall be deemed to be duly executed by or on behalf of the Fund.

10. Powers of Minister
The Minister may give such general directions to the Board, not inconsistent with the provisions of this Act, as he considers necessary in the public interest and the Board shall comply with those directions.

11. Financial provision and management
(1) The Board shall establish a General Fund—
(a) into which all monies received by the Fund shall be paid; and
(b) out of which all payments required to be made by the Board shall be made.

(2) There shall be paid into the General Fund—
(a) fees, charges and other sums accruing to the Conservatoire;
(b) any subsidy granted by Government; and
(c) all other sums of money received by the Board from any other source.

12. Accounts of Fund
(1) The Board shall, on or about 31 October in every year, prepare a statement of accounts and balance sheet of the finances of the Fund.
(2) The statement of accounts and balance sheet of the Fund shall be annually audited by a qualified auditor appointed by the Board.
(3) The accounts of the Fund shall at all reasonable times be open for inspection by the Board or any person appointed by the Minister.
(4) —

13. Donations and legacies
Article 910 of the Code Civil Mauricien shall not apply to the Fund.

14. Regulations
The Minister may make such regulations as he thinks fit for the purposes of this Act.

15. Transitional provisions
(1) The Minister may transfer to the Fund any assets, rights and liabilities on such terms and conditions as he thinks fit.
(2) – (3) —
(4) The previous term of service of any transferee with the Conservatoire shall be reckoned as service with the Fund.

16. —