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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.



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



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.



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.



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



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.



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.



(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



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%).



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.



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.



(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



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



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.



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.



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.



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



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.



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



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.



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.



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)

http://www.mcci.org/arbitration.aspx

http://www.mcci.org/arbitration.aspx

Documents

Summary- 3-1-13 PDF Gcsr