Post on 04-Apr-2018
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SUMMARY
Unions are groups created in order to create fairness and job security in the
workplace
Article 2 (h) is defined the Trade Union as “Any combination whether is
permanent or temporary mainly for the purpose of regulating relations
between workmen and employers or between employers, and includes any
federation of two or more trade unions.”
Western countries can be traced back to the 18th century. Industrial
Development of India on the Western model, but started from the mid-19th
century.
Organized the first union in India called the Madras Union force was
established in the year 1918. Since then, a large number of unions emergedin almost all the industrial centres of the country.
Unions are organizations that represent employee at work. Their goal is to
improve and protect the wages of people and working conditions
Unions exist because each worker has very little power to influence the
decisions that are made about his work
Trade union represents the worker who does a particular job or work in a
particular area as its Company name.
The main benefits of trade union
Negotiation
Representation
Information and advice
Member services
Major Trade union in India
The Indian national trade union congressThe All India trade union congress
Hind mazdoor sabha
The united trade union congress
Centre for Indian trade union
The Indian national trade union congress party and formed the congress
leaders like Nehru and Patel INTUC were involved.
The All Indian trade union congress is the first trade union communist party in
India.
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Hind mazdoor sabha is organized to keep its members free of any political or
other interference outside.
The united trade union congress is founding president was professor K.T.
Shah. Member of the constituent‟s assembly of Bombay. And was the
founding general secretary Mrinal Kanti Bose, former president of AITUCBengal.
Centre of Indian Trade Unions is now one of the largest gatherings of workers
and classes of India. Centre of Indian Trade Unions CITU is a level of the
National Union of India Trade politically tied to the Communist Party of India
(Marxist).
Other Trade Union‟s are
Bhartiya mazdoor sangh (BMS)National organization of work (NOW)
National front of Indian union (NFIU)
Trade union congress committee (TUCC)
Trade Union works in Mauritius
Federation of Trade Unions of Public Service
Federation of Progressive Unions
Mauritius Labour Congress
Mauritius Trade Union CongressConfederation of National Trade Unions
Organization of African Unity Artisans
Telecommunications Employees and Staff Association
Federation of Trade Unions of Public Employees (SCCF / CCFA) is one of
two main unions of the National Trade Union Confederation in Mauritius.
Federation of Trade Unions of Public Service in 1956 was the first federation
of trade unions to be registered and recognized subsequently granted by the
Government in May 1957.
The Mauritius labour congress and Federation of Progressive Unions (FPU) is
a national trade union centre in Mauritius.
Mauritius trade union congress is affiliated with the International Trade Union
Confederation.
The two main subsidiaries are NTUC Trade Union Federation of Public
Service, and the Organization of African Unity Artisans.
The Organization of African Unity Artisans (OAU) is one of two main unions of the National Trade Union Confederation in Mauritius. Based industries of tea
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and sugar, the OAU are also textile workers and sectors of the hospitality andcatering.The Main purpose of Telecommunication employee and staff association is The
main purpose of the union is to represent Mauritius Telecom Group
employees and employees working in Information and Communications
Technology (ICT) in general, in all areas of industrial relations, human
resources, human rights the education of workers and human and labor
relations.
The association of south East Asia population is 591 million and their total trade
union is U.S. $ 1.536 trillion and GDP is 1.496 billion U.S. dollars.
European Union is founded in 1951 by six countries neighbouring the European coal
and steel community.
Regional bloc the largest number of Member States is 27. These Bulgaria,
Cyprus, Czech Republic, Denmark, Germany, Austria ,Greece, Belgium,Estonia, Finland, E U, Hungary, Ireland, Italy, Romania, Slovakia, Slovenia,Spain, Sweden, the Netherlands, France, the United Kingdom and Latvia,Lithuania, Luxembourg, Malta, Poland, Portugal
MERCOSUR is created on March 26, 1991 with the Treaty of assumption.
MERCOSUR population is more than 273 million and GDP is U.S. $ 2.774 trillion
over.
The Agreement North American Free Trade Agreement (NAFTA), signed by
Prime Minister Brian Mulroney, Mexican President Carlos Salinas, and U.S.President George HW Bush, came into force on 1 January 1994.
NAFTA population is more than 463.1 million and GDP is U.S. $ 17.0 billion.
Other Trade Block is
ANDEAN (Andean Community)
BSEC (Organization of the Black Sea Economic Cooperation)
CARICOM (Caribbean Community)
ECOWAS (Economic Community of the States of West Africa)
EFTA (European Free Trade)
SAARC (South Asian Association for Regional Cooperation)
SADC (Southern Africa Development Community)
The Mauritius Cargo Community Services (MCCS) is a partnership between
the public sector and the private sector, i ncluding the Mauritius of Industry and
Commerce, the Mauritius Export, the State Investment Corporation and theMauritius Ports Authority.
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A union can be saved if the union's executive committee is made strictly
according to the provisions of the law.
Most of "collective bargaining" agreements run quietly and quickly accessible
by the union and the employer. From time to time disagreements occur and
the two sides cannot take on. In these cases, the union leader and other workers may decide to take action syndicale.
Unions are democratic organizations that are accountable to their members
for their policies and actions. Unions are usually modelled on the following
structure:
Members
StewardsBranches
Districts and/or regional office
National office
Each union member pays a subscription. The amount varies from one union
to another and is normally set at different levels depending on how much
people earn. It is usually between £ 5 and £ 8 per month. Some unions to
reduce costs for members unemployed.
Strength of Trade union
Development of a strong base
The elimination of political influence
From a trade union is an industry
Internal leadership development
Financial stability
Weakness of Trade union
Uneven growthOpen-ended
Outside leadership
Financial problem
Multiplicity of union
Trade unions have some strength and some weakness.
In 2003, union business membership in other country, estimated from the
Labour Survey, was 7.42 million Euros. The proportion of all employees who
were union members was 29.1%. These are overall figures, but unionmembership varies greatly by industry and the types of jobs that people do.
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There is also evidence that the decline in unionization is slowing. The TUC
has launched a major recruitment campaign called "New Unionism -
Organizing for Growth" and many unions are stepping up their efforts to
recruit new industries and jobs. Increasingly turn to unions because they want
protection they can offer.
The World Trade Organization (WTO) is an international trade institution.
The WTO superseded the GATT and Mittal. The GATT was a provisional,
multilateral agreement governing international trade from 1947 until January
1, 1995. The establishment of the WTO was negotiated in the last GATT
round, the Uruguay Round. The WTO hereditary a number of core principles
after the GATT. These ethics include.
The Project Describes all about the World Trade Organization (WTO),Introduction it‟s in the World Economy, the ugly Objectives for the
Organization, Functions That Operates, EXIM Trade Policies, Scenarios and
occurred with the formation of India Before WTO & the Benefits Gained by
India from the organization. The topic discussed Principals in this project HAS
long history with India as one of the Powerful member committed to it.
Following the Uruguay Round Arrangement, General Agreement on Tariff and
Trade (GATT) was converted from a provisional agreement into a Formal
Organization known today as the World Trade Administration (WTO), with
result from January 1-1995. Nearbywere 128 member nations in 1995, WhichHAS Increased to 157, with India as one of the major member. The
Secretariat of the WTO is based in Geneva, Switzerland. Salon the current
status WTO now accounts for about 97 per cent of i nternational trade.
Non-discrimination, which in practice means clustering two things. The
first principle is MFN - Most Favoured Nation treatment. Any trade
concession nation offers to single member, it necessity offer to all. The
second principle is nation-wide treatment. This earnings clustering Thatimported products must be Treated the same as domestic goods.
Reciprocity of Trade Concessions.
Trade Liberalization.
Transparency and predictability in import and export rules and
regalement‟s.
Positivebehaviour to less Developed Countries.
Although built on the legacy GATT, the Uruguay Round and WTO Many new
issues and added features. To begin with, many older agreements wereMittal
by new, stronger arrangements. For example, Agreement on Fabrics andClothing, established a time-table to liberalize textile trade, while the
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Agreement on Sanitary and Phytosanitary Measures, established a more
transparent trade in agricultural diet for goods and plant and animal health
Ensures standards are followed. The WTO abuse broke new ground, Adding
a number of trade issues and Sectors Addressed by the GATT not:
The General Agreement on Trade in Services (GATS) adds services. Trade in Intellectual Property Rights (TRIPs) adds copyrights,
trademarks and patents.
Trade Related Investment Measures (TRIMs) sets rules for Foreign
Direct Investment.
Government Procurement (GPA) & the Information Technology (ITA)
International agreements aussi rules on new product areas.
These new agreements are ambitious from the rule governing additions to theworld trading system. However, at this workshop there are significant
enforcement problems and loopholes thatnumerous countries use to evade
their obligations. It is not yet clear if thesis agreements will profit the U.S. in
the extended run.
The WTO differs from the GATT not only in scope, purpose in institutional
functioning. The WTO Has Two significant functions GATT did not. First, the
WTO Trade Policy Review HAS Mechanism. This process has Periodically
Accesses country's Trade Policies and notes any exchange. It is a non-
judgmental, non-confrontational process.
More controversial is the Dispute Settlement Body and its argument
settlement boards. These plates,collected of economists, pointer down
binding Rulings in trade disputes.
Have several boxes already gone in contradiction of the U.S., raising Worries
Among some Americans les WTO is corroding U.S. rule. As the ecosphere's
largest economy and ship market, however, the U.S. Preserves considerable
impact on the shape of the world trading system.
The WTO currently HAS 132 members and 31 nations are actively seeking to
join. The U.S. plays significant role in all year accession negotiations;
Ensuring That U.S. economic interest Represented are well.
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TRADE & INEQUALITIES
Where trade HAS Contributed to Increased inequality, it HAS Generally Being
minor impact to others factoring, most is notably Technological Change.
STRUCTURAL ADJUSTMENT & TRADE
If Trade Reforms are introduced, economic exchange needs to be made.
Import-competing FIRMS APPEAR to adjust by Reducing mark-offs
Increasing efficiency & Reducing Often by firm size.
TRADE & POVERTY
One of the biggest challenges facing the world community is to address how
to poverty.
INDIA AND THE WTO
During the period under review, India continued to reap benefits HAS
from the process of structural reform and Trade Liberalization Initiated
in the early 1990s. This Contributed to the high GDP growth rates
Reached, the resilience of the Indian bargain to the global financial
crisis, and the expansion of exports and imports Both. Responded
India to the global crisis by Implementing large stimulus package
consistent year of Increased spending, lower excise and customs
duties, and supporting measures. Reflecting India's shift Towards lower tariffs, the average MFN tariff rate single Declined to 12% in 2010/11,
from 15.1% in 2006/07.
Actively India uses trade policy, sometimes as instrument to Attain its
year long-term goals, Such as Promoting economic growth overall,
gold Fostering industrialization, development, or self-reliance. India at
AIMS providing a stable trade policy environment to Attain thesis goals.
In some circumstances, however, makes use of aussi India trade policy
instruments to Attain short-term objective, Containing inflation Such as,
Which may detract from the stability Sought Somewhat, as this
Requires constant fine tuning of policies, rendering the trade more
complex diet Creating and additional costs.
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(1)ECONOMIC ENVIRONMENT
The Indian economy continued to expand at a fast pace falling on the
review period, the mild slowdown DESPITE Caused by the global
financial crisis in 2008/09. Annual real GDP growth Be around over
8.4% Between 2006/07 and 2010/11, supported by strong domestic
demand Primarily. Particularly strong growth was in 2006/07 and
2007/08, Exceeding 9%, driven by private investment and Mainly
consumption. In the wake of the global financial disaster, growth was
driven by Administration Spending. In this respect, to face the financial
crunch, the Government Showed a very proactive policy, Introducing a
broad stimulus package of consistant Increased spending, lower excise
and customs duties, et subventions. However, as inflation started to
accelerate growth and Strengthened, the Government reversed some
of thesis stimulus measures. GDP growth at 2004/05 prices marketReached 10.1% at year annual rate in April-December 2010. Growing
has-been led by facilities and manufacturing, with farming growing
ample more slowly. India's growing prospects REMAIN stout, as
potential GDP growth has-beens Assessed at Between 8% and 8.5%.
However, non-inflationary growth Sustained will require Addressing
bottlenecks and investing in infrastructure and education. It will need
the aussi simplification of the business environment by Eliminating
overregulation, Defining and more transparent trade and investment
regimes.
(2)TRADE ALSO INVESTMENT POLICY FRAMEWORK
India is an original Member of the WTO and at least MFN treatment
Provides to all Members and other exchange partners. India putative
the Fourth and Fifth Protocols and is a Member of the Information
Technology Agreement. India is a sturdy advocate of the
multidimensional trading system and historically HASbeens party to
few local agreements. However, DESPITE India's misgivings,
regionalism increasingly HASBecome an element of overall tradepolicy objective icts of enhanced market access for exports. This is
Evidenced by the preferential agreements it signed seven falling on the
period under review and the negotiation of other agreements.
India's trade policy objective icts are Stipulated in Foreign Trade Policy
(FTP), Which is Issued every five years, revised goal Periodically,
through the Issuance of notifications, to take into account internal and
external factors. Icts in FTP 2004-09, India highlighted the need to
expand trade, location two purposes: to double India's share of global
merchandise trade Inside five years, and to use trade development as
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a policy to Promote economic growth and employment group. In the
context of the global disaster, India HAS Sought to arrest and reverse
the trend of exports and Declining to Provide additional supporting
Especially to the Sectors badly hit by the global recession, as Asserted
in the FTP 2009-14.
(3) TRADE POLICY BY MEASURE
India HAS continued to streamline customs procedures and trade
facilitation Implement measures. An electronic system for customs
clearance and has-beens Introduced a risk management system is in
place to selectively screen high-risk cargo and medium-customs for
examination. DESPITE the thesis of implementation measures, India's
import complex diet Remains, Especially icts licensing and permit
system, and Its tariff structure, Which HAS multiple exemptions, withrates varying salon product, user or specific export promotional
program.
(4) TRADE POLICIES BY SECTOR
The structure of India's economy HAS not changed significantly since
2007. The services sector, Which was the MOST dynamic sector falling
on the review period, continued to be the Largest contributor to GDP
and HAS Exhibited resilience to the negative effects of the global crisis.
The share of the manufacturing sector in GDP Declined: slightly HAS,
HAS and so agriculture.
Agriculture has-beens characterise by low productivity and modest
growth rates. Its contribution to GDP Declined from 18.1% to 16.6% in
2006/07-2009/10. However, DESPITE this decline in ictus relative
share, agriculture continued to be the mainstay of the majority of the
population, occupying some 52% of the total workforce (Including non-
organized labour), the sector arsis critical for achieving theGovernment's objective of food security and price stability. Due to
strategic importance acts, India considers it Necessary to Maintain this
sector offers protection and tariff protection Greater than to others.
Average tariff protection for agriculture (33.2%) Remains, Therefore,
Substantially Higher Than for manufactured goods (8.9%).
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MAURITIUS & THE WTO
Since independence in 1968, Mauritius has enjoyed strong HAS
pluralistic democratic system and human rights record a sound. It is
now leading an open and constructive dialogue with stakeholders ongovernance issues, civil society and Its Including main development
partners. The Government Remains Committed to further Top
improvements in governance as reflected in the broad governance
Commitments made in the context of the 2008-2013 European
Commission - Republic of Mauritius Country Strategy Paper (CSP).
Mauritius HAS maintained good and friendly relationships with
neighbours and regional its has-been active in peace initiatives and
conflict resolution in the region. Significant benefits from Mauritius
Sees Increased regional trade and supports year of rapid regionalintegration agenda. It aspires to a fully effective FTA encompassing
COMESA and SADC. Mauritius is Negotiating the establishment of an
Economic Partnership Agreement (EPA) with the EU as a member of
the ESA group. Mauritius arsisadvocating a fully effective FTA with
Both the ESA and the EU group, to Ensure Compliance with WTO
provisions.
Economic and social achievements in Mauritius Have been impressiveby regional an international standard. With an average growth rate of
around 6% over the past three years, overall living standards of the
population and the Have Significantly Improved country is well on track
to reach the Millennium Development Goals before 2015. With trade
liberalization Pressures and the loss of preferential access to export
markets, coupled with soaring oil prices and domestic structural
Weaknesses inherent, the average annual GDP growth dropped to 4%
HAS in the period 2001-2005. With limited natural resources,
constraints from its resulting and small size, and isolation from mainmarkets, Mauritius needs to urgently redress its macro-economic
fundamentals, the education and exercise system, and the Enabling
business environment to unleash high-value-added growth.
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CHALLENGES FACED AND OUTCOMES
Mauritius is situated at a considerable distance from international markets
with significant purchasing power. Transportation Costs are onerous and
market development can be expensive. The country benefited importantly
HAS past thirty years over the preferential arrangements for sugar from
Purchases by the EC as well as from the fait que the quota restraint system
for international trade in textiles and apparel Helped to create a significant
garment producing industry on the island. Basis for the purpose thesis long-
standing arrangements is subject to challenge, and the Mauritian government
Both the business community and accepted the fait que Have Eventual
change is inevitable and That New routes to economic prosperity need to be
Explored and Developed.
TEXTILE AND CLOTHING PRODUCTS
A combination of late 1970s Developments in the early 1980s and gave rise to
the establishment of a significant textile and clothing industry in Mauritius.
Incentives under export processing area year scheme combined with visa-
related enticements to Hong Kong-based entrepreneurs fearful at the time of
reintegration with China and the existence of quota allocation possibilities led
to rapid development of the export-oriented sector.
FINANCIAL SERVICES
Recognizing That rising income levels and a more well-educated populace
Would create a demand for more employment in white-collar service
industries, the government and the private sector Have collaborated to create
very Effectively year environment in Mauritius HAS Which allowed the
financial services sector to Become a Major and prosper and growing share of
the island's economy. The concept and Supporting legislation for offshore
banking Were Introduced in 1991, Supplemented by lower tax rates for Particular Types of bank.
ALTERNATIVE AGRICULTURAL ACTIVITIES
With sugar in a position of long-term decline, business and government in
Mauritius are discussing and experimenting with alternative agricultural
activities. Although agriculture is unlikely to form a major share of the
Mauritian economy of the future, a number of initiatives are Currently Being
Explored in Sectors That Seem to offer some promise.
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(1) THE ECONOMIC ENVIRONMENT
Relatively diversified Mauritius HAS economy based on traditional oven its
pillars: sugar, textiles plus clothing, tourism, financial services. This structure
is the heritage of preferential access to some key markets, as well as the
incentive schemes (mainly the Export Processing Zone (EPZ) Scheme)
Aimed at export-oriented manufacturing. This, calm with fairly high safety
Granted to Companies Producing for the domestic market, economy annually
HAD created with items of duality. This diet has-beens economic challenged
by what is known in Mauritius as the "triple shock", ie preference erosion
multilateral Following Liberalization of trade in textile and clothing items, and
the reform of the EC sugar regime, and the rising worldwide oil prices. In
response, Mauritius has undertaken bold Reforms Aimed at Liberalizing acts
trade regime, Malthus dismantling the dualism and boosting competitive. The
Reforms amuse aim to transform Mauritius into a duty-free island.
(2) INSTITUTIONAL FRAMEWORK
The Constitution is the supreme law of the Republic of Mauritius, Surveyed by
Acts of Parliament, and subordinate legislation (regalement, rules and orders).
Treaties, Including the WTO Agreements, must be enacted into law to
domestic Have standing before state courts. The law-making process in
Mauritius is subject to some delays: Already several laws being prepared
Release at the time of the previous Trade Policy Review of Mauritius in 2009,
not yet ADOPTED beenbeforeimplemented. This legislature includes, inter
alia, anti-dumping, countervailing and Protection Measures, competition, and
veterinary services, some laws on intellectual property rights, ADOPTED in
2011, are still not Practical, and the Herbal Breeders Rights Bill Drafted in
2003, HAS not yet ADOPTED been.
(3) TRADE POLICY INSTRUMENTS
Mauritius HAS bound 15.7% of all tariff lines its, at a ceiling rate of 65% on
some tariff lines of 1.6% for non-agricultural products, and at ceiling rates
ranging from 37% to 122% for all agricultural tariff lines (WTO definition ).
Other duties and charges (ODCs) are bound at 17% on all products subject to
a tariff binding commitment, with the exception of frozen boneless beef meat,
milk and cream, administered cheese, stones potatoes, peas, maize, and
printed matter, we Which They are bound at zero. However, the cess of MUR0.20 per kg and the 20% Tea Board fee, levied on imports of tea, bound
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together Exceed the level of ODCs on this product. The imposition of tariffs
and ODCs has-been reformed in accordance with the MFN to national
treatment and principles of the WTO. In 2009, Mauritius Eliminated the
differentiation in tariff rates DEPENDING on the source of imports
("scheduled", ie Commonwealth and some major trading associates, and"non-scheduled" terrains, ie other countries).
(4)SECTORAL TRADE POLICIES
Mauritius is a net-food-importing country. Agriculture (Mainly consistent of
sugar production) continued to be significant year in terms of sector share in
exports and acts on account of linkages with other Sectors its. In the light of
decreasing prices on sugar, Mauritius' main export marketplace, a new plan
has-been ADOPTED to restructure the industry and long-term its Ensure
viability, while promoting alternative goods related to cane production. But,
conversion of agricultural land to non-agricultural land is subject (with some
exceptions) to a Land Conversion Permit and payment of land conversion tax.
Exemptions from the tax are land conversion can when the has-beens
Granted permit for the building or setting-up, bury alia, of industrial estates,
business parks, shopping malls, knowledge parks, hostels, golf courses,
health institutions, or year agree- based activity. An attempt is made to
transform arsis Being Mauritius into a seafood hub by Developing value-
added seafood and fisheries-related activities.
FUNDAMENTALS OF LAW
Mauritius is a member of 1958 New York Convention on the Recognition of Foreign
Arbitral Awards which are render the place of an arbitral proceeding more likable in
Mauritius and which also contributes to positioning the MCCI Arbitration Court as the
main centre in the region of Mauritius.
LEGAL ENVIRONMENT IN INDIA
Intellectual property protection Act:-
Before joining the WTO, India recognized only the following forms of intellectual
property as under:-
Patents
Trade Marks
Copyrights
Industrial Designs
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Agreement on the Trade Related aspects of the Intellectual Property Rights (TRIPS)
required India to enact the new legislation in the respect of „Geographical Indications
of Goods‟ and „Integrated Circuits and Industrial Secrets for company‟, besides
effecting the significant changes in the existing laws on the Patents, Trademarks and
Copyrights. India has now put in the place new laws extending intellectual property
rights to all the convention countries on the most favored nation (MFN) basis.
BUSINESS REGULATIONS
India‟s business regulatory environment covers all aspects of the trade, industrial
activity, taxes, foreign import export, competition, intellectual property and social
security. India administers policy regulations and procedures for a system of
notifications, which requires interested persons to the continually keep track of the
latest amendments applying to their business interests.
FOREIGN EXCHANGE REGULATIONS
Liberalization of trade and investment policies in the 1990s has progressively seen
India move Toward the liberalizing its foreign exchange regulations. Foreign
exchange related regulations are Embodied in the Foreign Exchange Management
Act (FEMA) of country, which has progressively in the Simplified foreign exchange
transactions:
INDUSTRIAL LICENSING REGULATIONS
India‟s New Industrial Policy (first announced in 1991 and modified several times
subsequently) monitors certain types of industrial activities through compulsory
licensing.
TRADE REGULATIONS
Simplification of export-import regulations has been a highlight of India‟s reform
process, especially in the post WTO period. India‟s current trade regulations consist
of import and export.
IMPORT RESTRICTIONS
Prohibited items like tallow, animal fats etc
Restricted items-which can be imported against a specific import license or by
special notifications and special permissions. Restrictions may be on account of
phytosanitary considerations for propagating materials (seeds, cuttings). or on
grounds of no essentiality such as alcoholic spirits, and certain types of consumer
goods.
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EXPORT RESTRICTIONS
Exports categories of goods is freely allowed and encouraged, except for the
following:
Prohibited items – on the religious grounds (beef for example) or environmental andbioconservation of grounds all wild animals and exotic birds and their parts, and
endangered plant species declared under the CITES convention seashells of
certain species
Restricted items – chemicals included in the Chemical Weapons Conventions; cattle,
camel and the horses; agriculture products that are seasonal or in which India is not
fully self-sufficient, and requiring an export quantity registration or licence from the
Export Development Authority (skimmed milk powder, pulses, edible oil in bulk,
sugar, wheat and non-basmati rice etc). Restrictions may also be extraneous- such
as those specified by the destination country on health and phytosanitarygrounds .
THE MAURITIAN LEGAL SYSTEM
Mauritius had an inherited its laws from its 2 successive colon administrator, France
and Great Britain. Each one of these period has left a deep imprint on the legal
system of Mauritius for doing business. As a consequence there of, our system is
often referred as a mixed or complex legal system of Mauritius.
Our procedural law and law of evidence remain largely of British inspiration while the
substantive provisions of our civil and criminal law are derived from the French Civil
Code (amended over many years to suit the Mauritian context), the Penal Code or
the Code of Commerce. Our Public Law is the English inspiration and the judicialsystem in Mauritius remains largely inspired by British tradition which are advocate
the adversarial system of litigation of law. The law relating borrowed from English law
but also from several commonwealth and the former commonwealth jurisdictions
including India or New Zealand. In spite of its origins, Mauritian Law ceased over the
years to be partly English and partly French but has developed into a significant body
of law with a philosophy, doctrine and the jurisprudence of its own .
MAURITIUS BUSINESS ENVIRONMENT
Mauritius is well served by business and telecommunications in development
infrastructure for doing business and is a dynamic economy the government actively
interested to motivate foreign investment and offshore activity through the Board of
Investment.
MAURITIUS FREE TRADE ZONES
N.B. many of the benefits of the EPZs are being phased out as part of a tax reform
programmed aimed at unifying and simplifying the Mauritian tax regime for doing
business.
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The Mauritius Export Processing Zone (EPZ) was set up early in 1970, and has
become one of the country's biggest centers for employment, particularly in the
garment manufacturing trade of Mauritius. The EPZ is meant for the manufacturers
and food processors who are export 100% of their output of product, although
permission is sometimes available for 10-20% of output to be sold locally in Mauritius
to gain more profit.
LABOR LAWS AND LEGAL ENVIRONMENT OF MAURITIUS :
Labor laws and social security system
Legal environment in India
Business regulations
Commercial laws and tax system
Foreign investment regulation
European investors in India
FOREIGN INVESTMENT REGULATIONS
India‟s present policy framework for inward FDI was introduced by the Industrial
Policy Statement of July 24, 1991. The framework has subsequently included and
enlarged in line with reforms and structural developments in the economy. The
present policy allows foreign investor to invest in resident entities through either the
automatic route or the government-administered routes.
FDI PROCEDURES AT THE FEDERAL LEVEL
Approval for FDI is granted through the automatic route (which does not
require for pre-approval from the government) or government approval
(through the Foreign Investment Promotion Board-FIPB)
In case of automatic approval, investors are required to notify the concernedregional office of the Reserve Bank of India (RBI) within 30 days of receipt
of inward remittance and file require for documents with that office within 30
days of issue of shares to foreign investors in country. Under the government
approval route for investment.
FDI proposal received by the Department of Economic Affairs (DEA),
Ministry of Finance (MOF) .However proposals from nonresident residents
and single brand retailing are received by Department of Industrial Policy &
Promotion (DIPP), Ministry of Commerce & Industry (MOCI) for India.
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INDIAN LEGAL SYSTEM
Article 309 of the Constitution which occurs in chapter 1 of Part XIV deals with the
recruitment and conditions of service of persons serving the Union or a State of country. It empower the appropriate Legislature to regulate the recruitment and
conditions of service of persons appointed to public services and post in connection
with the affairs of the Union or of any State in the country.
Six essential sources of law of India
Customs
Religion
Judicial Decisions
Scientific commentaries
Equity Legislation
LEGAL SYSTEM
The Republic of Mauritius (“Mauritius”) obtained its independence from Great Britain
in 1968 and republic in 1992. Mauritius was maintaining the membership to the
Commonwealth after its accession to the status of republic. A statement on judicial
review of legislative acts is also included for a number of countries. The entry
provides the description of a country's legal system. The legal systems of allcountries are generally modelled upon elements of five main types: civil law
(including Napoleonic Code, Roman law, French law, Spanish law, and Roman-
Dutch law), common law (including United State laws), customary law, mixed or
pluralistic law and religious law (including Islamic law). Other type of legal systems -
international law, the conduct of independent nations in their relationships with one
another - is addressed below. The list describes these legal systems, the world or
countries‟ different regions where these systems are enforced and brief statements
on the origins and major features of each. Mauritius has a „hybrid‟ legal system;
combining both the civil and common law practices. Its legal systems are governed
by principles derived both from the French Code Napoleon and the British commonlaws. The Supreme Court of Mauritius is the superior court of the island, having
various jurisdictions to hear and determine any civil or criminal proceedings under
any law other than a disciplinary law and such jurisdiction and powers as may be
conferred upon it by the Constitution or any other law
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BASES FOR LEGAL SYSTEMS
Three heritages form the bases of a major of the legal systems of the world.
- Common law
- Civil or code law
- Islamic law
-
COMMON LAW
A type of legal system often synonymous with "English common law," which is the
system of a England and a Wales in the UK and is also in forces in approximately 80
countries formerly part of or influenced by the former British Empires. Englishcommon laws reflects Biblical influences as well as remnants of law systems
imposed by early conquerors including the Anglo-Saxons, Romans and Normans.
Some legal scholars attribute the formation of the English common law system to
King Henry II (r.1154-1189). Until the time of his reigns, laws customary among
England's various manorial and ecclesiastical (church) jurisdictions were
administered locally.
ISLAMIC LAW
The most widespread type of religious laws, it is the legal system enforced in over 30
contrary and particularly in the Near East, but also in Africa, Indonesia, Central and
South Asia. In many countries Islamic law operates in tandem with a civil law
systems. Islamic law is embodied in the sharias, an Arabic word meaning "the right
path." Sharia cover all aspects of public and private life and organizes them into five
category: obligatory, recommended, permitted, disliked, and forbiddens.
NAPOLEONIC CIVIL CODE
A type of civil law referred to as the Civil Code or Code Civil des Francais and the
forms of the legal systems of France, and underpins the legal system of Lebanon,
Poland, Bolivia, Egypt, and the US state of Louisiana‟s. The Civil Code was
established under Napoleon I was enacted in 1804 and officially designated the Code
Napoleon in 1807. This legal system was combined the Teutonic civil law tradition of
the northern provinces of France with the Roman law tradition of the southern and
eastern regions of the countries.
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JUDICIAL SYSTEM OF MAURITIUS
Mauritius has a single-structured judicial system consisting of two parts- the Supreme
Court and the subordinate Court. The Courts consist of the District Court, Rodrigues
Court Intermediate Court and Industrial Court whilst the Supreme Court has various
divisions exercising jurisdiction as the Bankruptcy Courts, the first instance inCriminal and civil matter, the Court of Appeal (to determine civil and criminal appeals
from the decisions of the Court), the Courts of Civil and Criminal Appeal (to
determine appeals from the decisions of the Supreme Court sitting as Court of first
instance).
SUPREME COURT
The Supreme Court is composed of the Chief Justice, Senior and Fourteen Puisne
Judges. The Judges are also Judge of the Court of Civil and Criminal Appeals. It is a
superior Court of Record and has unlimited jurisdiction to hear and determine anycivil and criminal proceedings and has the same original jurisdiction as the High
Court in England. It is the highest judicial authority in the country and is vested with
all the powers and jurisdiction necessary to administer the laws of Mauritius. It is
vested all the necessary power and authority to exercise its equitable jurisdiction as a
Courts of Equity. The Supreme Courts also exercises supervisory jurisdiction over
the subordinate Courts in order to ensure that justice is duly administered by any
such Court.
TYPES OF LAW
CORPORATE LAW
Our firm advises on all aspects of corporate laws. We provide assistance on the most
appropriate and tax effective structure of a company and attend to all legal matters
which may affect by near or far, the company‟s business affairs.
INTELLECTUAL PROPERTY
Intellectual Property is an area which has proactively evolved in Mauritius during the
last decade to keep pace with international developments and the needs of emerging
technology. Mauritius has signed and ratified various Conventions and Agreements
relating to the protection of Industrial Property Righet.
LABOUR AND EMPLOYMENT LAW
Employment law issues arise at any time and at all staff levels of a company‟s
structures. Our firm regularly assists clients by drafting tailor made employment
contract. We also provide assistance on industrial relations matters involving
negotiation, disciplinary hearing or court representation in the event of litigation
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LEGAL ENVIRONMENT BY SECTOR
The Republic of Mauritius are a parliamentary democracy modeled on the
British systems. The separation of powers among the three branches of the
Governments, namely the Legislatives, the Executive and the Judiciary was
embedded in the Constitutions. The President is the Head of State while the
Prime Minister has full executive power and is the Head of Governments. The
National Assembly comprises seventy Member, out of which sixty-two are
elected every five years during parliamentary election. Eight are chosen
according to best-loser systems.
COMMERCE AND INDUSTRY: MAIN LEGISLATIONS BY SECTORS
A. LAWS APPLICABLE TO ALL SECTORS:
COMPANY AND BUSINESS LAWS
USLegal.com states that "business laws encompasses the law governing contracts,
sales, commercial papers, agency and employment laws, property, and bailments
and business organizations."
TAXATION LAWS
In the United States, Congress makes all federal laws, including taxation laws.
State legislatures make all state laws, including state taxation laws. If
authorized by the state constitution and/or the state legislature, local
government bodies
TRADE AND CONSUMER PROTECTION LAWS
The consumer law was designed to assist us as consumer's from being taken byorganizations who may try to sell us faulty products that may not works properly, over
priced or any others deficiencies that may be evident.
PROPERTY LAWS
Laws created by governments in regard to how individuals can controls, benefit from
and transfer property. Economics theory contends that government enforcement of
strong property rights is a determinant regarding the level of economic success seen
in the area.
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EMPLOYMENT LAW
Employment law, also known as labour laws, covers a broad spectrum of issues and
problems that may arise from the employer-employee relationships, including current
and former employees and job applicant. When employment arises as a result of a
valid contract between an employer and employees, state law alone may apply
COMMUNICATIONS AND MEDIA LAW
Communications & Media Laws encompasses laws regulating radio and TVbroadcasting to assure satisfactory service and to prevent chaos.
B. MAIN LAWS BY SECTOR
COMMERCE AND MANUFACTURING
The MCCI, established in 1850, is the oldest non-profit making institution
representing the private sector in Mauritius‟s. W ith the increase in the island volume
of trade during the first decades of British administrations, the Mauritian business
community felt the need for a formal representational and arbitration framework to
foster the interests of the trading community and to settle disputes and conflicts
arising in trade-related activities
INFORMATION AND COMMUNICATION TECHNOLOGY
The law relating to information technology and communication is relatively new and
the state of development. Information and Communications Technology Laws are the
most detailed and most up-to-date publication covering the law relating to information
and communications technology and provides a thorough understanding of the law
with reference to legislations, case law and common law.
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LAW RELATED WITH FINANCIAL SERVICES SECTORS
The Legal Departments makes available two types of services:
1.Theinformation regarding the legal and administrative aspects of
business undertakings in Mauritius, intellectual property rights, in
particular company law, , laws related to business environments, and
to fair competition and trading practices.
2. an efficient settlement of trade dispute mechanism with the setting up of a
Permanent Court of Arbitrationwhich offers the following advantages
C. OTHERS LAWS OF GENERAL APPLICATION
Constitutional law
Constitution of Mauritius
Human Rights
Protection of Human Rights Act 1998
Litigation and court procedure
Courts Act
Code de ProcédureCivile
Administrative / Public Law
Civil Status Act
Mauritius Citizenship Act
Passport Act
Public Procurement Act 2006 (Act No. 33 Of 2006)