Local Government Act

Act 36 of 2011


Mauritius

Local Government Act

Act 36 of 2011

  • Commenced on 15 December 2011
  • [This is the version of this document at 30 June 2017.]
EDITORIAL NOTE: The word "Building Act" has been deleted and replaced by the words "Building Control Act" wherever it appears, by sec­tion 36(2)(a) of Act 9 of 2012.

Part I – Preliminary

1. Short title

This Act may be cited as the Local Government Act.

2. Interpretation

In this Act—"admission charge" means a charge leviable under section 128;"agricultural building" means a building, other than a dwelling house, which is occupied together with agricultural land and is used solely in connection with agricultural operations on that land;"agricultural land"—(a)means land used as arable, meadow or pasture ground only (including pastoral land), land used for a plantation (including any stone heaps or in-field roads on the land), or as a wood or for the growth of saleable underwood, market gardens, nursery grounds, orchards or allotments; and(b)includes land in excess of 1,000 square metres used for the business of agriculture, horticulture, viticulture, apiculture or poultry farming, and land used for dairy farming, forestry or any other business consisting of the cultivation of soils, the gathering in of crops, the rearing of livestock or the propagation and harvesting of fish or other aquatic organisms; but(c)does not include—(i)land occupied together with a house as a park, gardens or a pleasure ground, land kept or preserved mainly or exclu­sively for the purposes of sports or recreation or land used as a racecourse;(ii)land with buildings, other than dwelling houses, being or forming part of a market garden and which are used solely in connection with agricultural operations thereon or used for the production of livestock or poultry; or(iii)agricultural land located in an area where development is permissible in accordance with an outline scheme or the strategic and detailed development policies of a develop­ment plan;"annual report" means a report referred to in section 142;"authorised officer" means an officer who is authorised in writing by his Chief Executive to perform any function;"authority" means a local authority;"balance sheet date", in relation to a local authority, means such date as may be approved by the Permanent Secretary as that local authority's balance sheet date;"Building and Land Use Permit" means a Building and Land Use Permit issued under section 117;"business"—(a)means any trade, commerce or manufacture, profession, voca­tion or occupation; and(b)includes any other activity in the nature of trade, commerce or manufacture, profession, vocation or occupation;"cadastral database" means a database of immovable properties required to be kept and maintained under section 106;"cadastral value", in relation to any property, means its value ascer­tained on the basis of its market value;"Chief Executive" means— (a)the Chief Executive of a Municipal City Council, Municipal Town Council or District Council;(b)in relation to a Village Council within the administrative area of a District Council, the Chief Executive of that District Council;"city" means a city specified in Part I of the First Schedule;"classified trade" means a business specified in the Twelfth Schedule;"Company" has the same meaning as in the Statutory Bodies Pension Funds Act;"Council" means a Municipal City Council, a Municipal Town Council, a District Council or a Village Council;"Councillor" means a Councillor of a local authority;"development", in relation to land, has the same meaning as in the Planning and Development Act;"disposal", in relation to waste, includes its sorting, carriage, transporta­tion, treatment, storage, tipping above or underground, incineration and the transportation operations necessary for its recovery, re-use or recycling;"disposal site"—(a)means a waste disposal site designated under section 60(2); and(b)includes a landfill or other final disposal site;"district" means a district specified in section 7;"District Council" means a local authority responsible for the admin­istration of a district;"economic activity" means an activity specified in the Eleventh Schedule;"effective date", in relation to an application under Sub-part F of Part VIII, means the date by which all the information, particulars and docu­ments specified in the application form are submitted;"EIA licence" has the same meaning as in the Environment Protection Act;"elector" means a person registered as a local government elector in accordance with the Representation of the People Act;"Environment Co-ordination Committee" means the Environment Co­ordination Committee set up under the Environment Protection Act;"Financial Controller" means the officer in charge of the Finance Department of a Municipal City Council, Municipal Town Council or Dis­trict Council;"financial statement" means—(a)a statement of financial position for a local authority as at the balance sheet date;(b)a statement of financial performance for a local authority in rela­tion to the accounting period ended at the balance sheet date;(c)a statement of changes in equity between its last 2 balance sheet dates; or(d)a statement of cash flows,together with any notes or documents giving information relating to the statement of financial position, or statement of financial performance, including a statement of accounting policies;"financial year" means the period of 12 months ending on 30 June in any year;"group" means a group referred to in section 18;"hazardous waste" has the same meaning as in the Environment Pro­tection Act;"immovable property" includes—(a)land, other than agricultural land, or a flat or an apartment whether owned individually or jointly or in which a person has any interest by whatever name called; and(b)a building or part of it, actually occupied, whether or not its con­struction has been completed;"interest" means any interest payable under section 100;"local authority" means—(a)a Municipal City Council or Municipal Town Council;(b)a District Council;(c)a Village Council; or(d)any new local authority created under section 8;"Local Government Service Commission" has the same meaning as in the Local Government Service Commission Act;"local rate"—(a)means the rate leviable under section 95; and(b)includes any surcharge or interest on the rate and any costs incurred in the recovery of the rate;"main road" means a road designated and classified as main road by regulations made under section 3(2) of the Roads Act;"market value", in relation to any property, means the price which the property will fetch in an open competitive market, on a free and not forced sale, between a willing buyer and a willing seller, where it is vacant;"Mayor" means the Mayor of a Municipal Town Council;"member", in relation to a local authority, means Councillor;"Minister" means the Minister to whom responsibility for the subject of local government is assigned;"motorway" means a road designated and classified as motorway by regulations made under section 3(2) of the Roads Act;"Municipal City Council" means a local authority responsible for the administration of a city;"Municipal Town Council" means a local authority responsible for the administration of a town;"officer" or "local government officer"—(a)means a person holding or acting in an office of emolument in the service of a local authority; but(b)does not include a person holding or acting in the office of Lord Mayor, Mayor, Chairperson or other member of a local authority, or a law practitioner employed or retained as such by a local authority;"owner", in relation to any property, includes—(a)in respect of an immovable property situated on State Land or Pas Géométriques, the lessee of the site;(b)the person who receives or, where such property were to be let, would be entitled to receive the rent, whether for his own bene­fit or that of any other person; or(c)where the owner cannot be found or ascertained, the occupier;"Permanent Secretary" means the Permanent Secretary of the Ministry responsible for the subject of local government;"Permits and Business Monitoring Committee" means the Permits and Business Monitoring Committee referred to in section 115;"preliminary environmental report" has the same meaning as in the Envi­ronment Protection Act;"rate" means local rate;"ratepayer" means the owner of an immovable property liable to pay local rate or general rate, as the case may be;"rating area", in relation to a city or town, means the administrative area for which it is responsible;"regional body" means a body specified in section 10 and Part I of the Fifth Schedule;"reserve candidate" means a person whose name appears on a reserve list;"reserve list" means a list of reserve candidates referred to in section 18 (5);"road"—(a)means a highway or other road to which the public has access and any public place to which vehicles have access; and(b)includes a bridge, ford, culvert or other work in the line of the road;"rural road" has the same meaning as in section 3(4) of the Roads Act;"Sanitary Authority" has the same meaning as in section 2 of the Public Health Act;"Senior Councillor" means the Senior Councillor designated under section 32;"surcharge" means a surcharge payable under section 99;"town" means a town specified in Part I of the Second Schedule;"Town and Country Planning Board" means the Town and Country Planning Board established under the Town and Country Planning Act;"Tribunal" means the Valuation Tribunal established under section 109;"undertaking" has the same meaning as in the Environment Protection Act;"Unified Local Government Service Board" means the Board referred to in section 68;"urban authority" means a Municipal City Council or a Municipal Town Council;"urban road" has the same meaning as in section 3(3) of the Roads Act;"valuer" means a Government valuer;"village" means a village specified in Part 1 of the Third Schedule;"Village Committee" means a Village Committee set up under section 10;"Village Council" means a local authority responsible for the admin­istration of a village;"waste" includes any solid matter, other than hazardous waste, which is discarded, rejected, abandoned, unwanted or surplus matter, including any such matter intended for—(a)recycling, reprocessing, recovery or purification by a separate operation from that which produced the matter;(b)sale; or(c)export;"waste management facility"—(a)means any site which is used for the transfer, treatment or dis­posal of waste; and(b)includes a landfill, transfer station, composting plant, recycling facility or any other facility designated by the Minister under section 60(2).[S. 2 amended by s. 17(2)(a) of Act 1 of 2015 w.e.f. 1 January 2015; s. 32(a) of Act 18 of 2016 w.e.f. 7 September 2016.]

Part II – Local authorities

A – Constitution of Municipal City Council, Municipal Town Council, Village Council and District Council

3. Establishment of local authority

(1)There is established for the purposes of this Act a local authority for each city, town, village and district.
(2)Every local authority shall be a body corporate.

4. Municipal City Council

(1)A city shall, for the purpose of local government, be administered by a local authority which shall be known as a Municipal City Council.
(2)There shall be a Municipal City Council for every city, the boundaries of which shall be those specified in Part II of the First Schedule.
(3)The corporate name of a Municipal City Council shall consist of the words "The City Council of", followed by the name of the city.
(4)Every Municipal City Council specified in the first column of Part III of the First Schedule shall consist of the corresponding number of Councillors specified in the second column of Part III of that Schedule.
(5)
(a)Every Municipal City Council specified in the first column of Part IV of the First Schedule shall consist of the corresponding number of electoral wards specified in the second column of Part IV of that Schedule.
(b)The boundaries of each electoral ward of a Municipal City Council shall be those specified in Part V of the First Schedule.

5. Municipal Town Council

(1)A town shall, for the purpose of local government, be administered by a local authority which shall be known as a Municipal Town Council.
(2)There shall be a Municipal Town Council for every town, the bounda­ries of which shall be those specified in Part II of the Second Schedule.
(3)The corporate name of a Municipal Town Council shall consist of the words "The Municipal Council of", followed by the name of the town.
(4)Every Municipal Town Council specified in the first column of Part III of the Second Schedule shall consist of the corresponding number of Councillors specified in the second column of Part III of that Schedule.
(5)
(a)Every Municipal Town Council specified in the first column of Part IV of the Second Schedule shall consist of the corresponding number of electoral wards specified in the second column of Part IV of that Schedule.
(b)The boundaries of each electoral ward of a Municipal Town Council shall be those specified in Part V of the Second Schedule.

6. Village Council

(1)A village shall, for the purposes of local government, be administered by a local authority which shall be known as a Village Council.
(2)There shall be a Village Council for every village, the boundaries of which shall be those specified in Part II of the Third Schedule.
(3)The corporate name of a Village Council shall consist of the words "The Village Council of", followed by the name of the village concerned.
(4)Each Village Council shall consist of 9 Councillors.

7. District Council

(1)A district shall, for the purposes of local government, be administered by a local authority which shall be known as a District Council.
(2)There shall be a District Council for each of the districts of—
(a)Black River;
(b)Flacq;
(c)Grand Port;
(d)Moka;
(e)Pamplemousses;
(f)Rivière du Rempart; and
(g)Savanne.
(3)Each District Council shall be responsible for overviewing the admin­istration of the villages respectively assigned to it in Part I of the Fourth Schedule.
(4)The corporate name of a District Council shall consist of the words "The District Council of", followed by the name of the district.
(5)
(a)Every District Council specified in the first column of Part II of the Fourth Schedule shall consist of the corresponding number of Councillors specified in the second column of Part II of that Schedule.
(b)Every Village Council specified in the first column of Part III of the Fourth Schedule shall be represented on the appropriate District Council by the number of Councillors specified in the second column of Part III of that Schedule.

8. Creation of new local authority

(1)The President may, by Proclamation, create a new local authority and extend this Act to that authority.
(2)Where a new local authority is created under subsection (1), the Pres­ident may, in the Proclamation creating it—
(a)appoint suitable persons to act as Councillors for that local authority;
(b)fix the date on which the Councillors appointed under para­graph (a) shall retire from office; and
(c)fix such date, time and place for the first election of Councillors or appoint persons to perform those duties, and make such temporary modifications to this Act, applying to that local authority, as may appear necessary to him for those provisions to be applicable to the first constitution of that local authority.
(3)The date, time and place fixed by Proclamation, and any person appointed by Proclamation to perform any duty, shall, as regards the local authority created by the Proclamation, be respectively substituted in any pro­visions applied by the Proclamation for the date, time, place and person referred to in those provisions, and the person referred to in the Proclamation shall have the like functions and be subject to the like obligations, as the of­ficer and person referred to in those provisions.
(4)Where a new local authority is created under subsection (1), this Act and every other enactment shall apply to that local authority and where the first Lord Mayor, Deputy Lord Mayor, Mayor, Deputy Mayor, Chairperson, Vice-Chairperson, Councillor or any of them are named in the Proclamation, shall apply as if they were elected or appointed under this Act and, where they are not so named, shall apply to their first election.
(5)Where the President creates a new local authority under subsec­tion (1), the Minister shall, by regulations, amend the First, Second, Third or Fourth Schedule, as the case may be, to make provision for that new local authority, including its boundaries.

9. Changes in local authority or electoral ward

(1)The President may, after consultation with the Electoral Commissioner, the local authority concerned and such other person as he thinks fit, by Proc­lamation, alter the boundaries of a local authority or an electoral ward.
(2)A Proclamation under subsection (1) may contain such consequential or supplementary provision with respect to administrative arrangements as may appear to be necessary for the purpose and may, in particular, provide—
(a)for the abolition, establishment, restriction or extension of the jurisdiction of a local authority in or over any part of any area affected by the Proclamation;
(b)for the name of any altered area;
(c)for the adjustment or alteration of the boundaries of any area affected by the Proclamation, and for the constitution and elec­tion of the local authority in any such area;
(d)for the number of Councillors in any altered ward of an altered local authority and, where necessary, for their election;
(e)for the functions or area of jurisdiction of any local authority within the area affected by the Proclamation, and for the costs and expenses of any such authority;
(f)temporarily for the disposal of the assets, or for meeting the debts and liabilities of the various local authorities affected by the Proclamation, for the management of their property, and for regulating the duties, position and remuneration of officers affected by the Proclamation;
(g)for the transfer of any writs, process, records, and documents relating to or to be executed in any part of the area affected by the Proclamation, and for determining questions arising from such transfer; and
(h)for the adjustment of any property, debts and liabilities affected by the Proclamation and for the continuance in office of any officer of the local authority for the purposes of such adjustment.
(3)Where the President alters the boundaries of a local authority or an electoral ward under subsection (1), the Minister shall, by regulations, amend the First, Second, Third or Fourth Schedule, as the case may be, to make provision for the new boundaries of that local authority or that electoral ward.

B – Village Committees of Agaléga and other parts of Mauritius

10. Village Committee

(1)In Agaléga, Tromelin, Cargados Carajos and the Chagos Archipelago, including Diego Garcia, and any other island comprised in the State of Mauritius, the appropriate regional body may, in accordance with such guidelines as may be issued by the Minister, and notwithstanding any enactment or rules establishing the regional body, set up Village Committees in the localities under its jurisdiction.
(2)The Representation of the People Act shall not apply to an election organised under the guidelines referred to in subsection (1).
(3)The role of a Village Committee shall be to—
(a)represent and act as an advocate for the interests of its community;
(b)consider and report on any matter referred to it by the regional body, or any matter of interest or concern to the Village Com­mittee.
(4)There shall be a Village Committee for each of the localities specified in Part II of the Fifth Schedule.
(5)In this section—"regional body" means a body specified in Part I of the Fifth Schedule.

Part III – Election of local authorities

A – Election of Councillors to Municipal City Council, Municipal Town Council, District Council and Village Council

11. Election of Councillors to Municipal City Council or Municipal Town Council

(1)The election of Councillors to a Municipal City Council or Municipal Town Council shall be—
(a)held in 2015 and thereafter every 6 years or in such other year, and at such date, as the President shall, on the advice of the Prime Minister, appoint; and
(b)conducted in accordance with the Representation of the People Act.
(2)Subject to the Representation of the People Act, the President shall, for the purpose of an election of Councillors to a Municipal City Council or Municipal Town Council
(a)issue a writ of election; and
(b)where necessary, appoint a day on which the poll is to be taken.
(3)Where the Electoral Commissioner gives notice of an election referred to in this section, he shall indicate the number of Councillors to be returned for each ward of that Municipal City Council or Municipal Town Council.
(4)
(a)Four Councillors of a Municipal City Council or Municipal Town Council shall be returned from each electoral ward under the simple majority system.
(b)Every person entitled to vote at an election referred to in this section shall vote for not more than 4 candidates.
(5)Every Municipal City Council or Municipal Town Council, unless sooner dissolved, shall continue for 6 years from the date on which the poll of the return of the entire Municipal City Council or Municipal Town Council is taken, as the case may be, and, subject to this Act, shall terminate on the day preceding nomination day at the next general election of Councillors.
(6)
(a)Every group presenting more than 2 candidates at an election of a Municipal City Council or Municipal Town Council shall ensure that not more than two thirds of the group's candidates for election to that Council are of the same sex.
(b)Where the group forms part of an alliance, it shall be sufficient for the alliance to comply with paragraph (a) without each group forming part of the alliance necessarily complying with that paragraph.
[S. 11 amended by s. 3 of Act 3 of 2015 w.e.f. 9 April 2015.]

12. Election of Councillors to Village Council

(1)The election of Councillors to a Village Council shall be—
(a)held in 2012 and thereafter every 6 years or in such other year, and at such date, as the President shall, on the advice of the Prime Minister, appoint; and
(b)conducted in accordance with the Representation of the People Act.
(2)Subject to the Representation of the People Act, the President shall, for the purpose of an election of Councillors to a Village Council— 
(a)issue a writ of election; and
(b)where necessary, appoint a day on which the poll is to be taken.
(3)Where the Electoral Commissioner gives notice of a Village Council election, he shall indicate the number of Councillors to be returned for the Village Council under the simple majority system.
(4)Every person entitled to vote at a Village Council election shall not vote for more than the number of Councillors indicated in the notice referred to in subsection (3).
(5)Every Village Council, unless sooner dissolved, shall continue for 6 years from the date on which the poll of the return of the entire Village Council is taken and shall terminate on the day preceding nomination day at the next general election of Councillors.
(6)Any group presenting more than 2 candidates at a Village Council election shall ensure that not more than two thirds of the group's candidates are of the same sex.
[S. 12 amended by s. 4 of Act 3 of 2015 w.e.f. 9 April 2015.]

13. Election of Councillors to District Council

(1)Within one week following the return of candidates at an election to Village Councils, District Councillors shall be elected by secret ballot from among the Councillors of every Village Council in each of the districts referred to in section 7(2).
(2)The Chief Executive shall convene a meeting of all the Councillors of a Village Council for the purpose of electing one or 2 representatives of a Village Council to the District Council.
(3)The election shall be held at such time and place as the Permanent Secretary may appoint.
(4)The Permanent Secretary or his representative shall preside over the meeting of the Village Councillors so convened, but he shall have no right to vote.
(5)In Village Councils electing 2 representatives to the respective District Council, one ballot will be held with each Village Councillor having the option of voting for one or 2 candidates and the 2 Councillors receiving the most votes shall, subject to subsection (6), be elected.
(6)Where, at an election under this section, 2 or more Councillors obtain the same number of votes—
(a)in a case where, at an election for 2 representatives, 2 candidates are placed first with the same number of votes, the 2 candidates shall be elected; and
(b)in every other case, the elections shall be decided by a drawing of lots done by the person who presides over the meeting.

14. Term of office of District Councillors

(1)Subject to this section and section 37, a District Councillor shall hold office for a term of 6 years beginning on the day following that on which he is elected.
(2)The seat of a District Councillor shall become vacant where he elects to stop serving as Village Councillor or is disqualified from so serving.
(3)
(a)Notwithstanding section 23, and subject to paragraph (b), in any year in which Village Council elections are held, every Village Councillor who has been elected as District Councillor shall continue to hold office as District Councillor until the day preceding the day on which Village Council elections are to be held.
(b)The Chairperson and Vice-chairperson of a District Council shall continue in office as such until the election of a new Chairperson and a new Vice-chairperson.
(4)
(a)Subject to paragraph (b), a Village Council may, after a repre­sentative has served for a period of 2 years at the District Council, replace him by another Councillor following a motion to that effect.
(b)Paragraph (a) shall not apply where the representative is the Chairperson or Vice-chairperson of a District Council, or a member of its Executive Committee.

B – Qualifications and disqualifications as Councillor

15. Qualifications for election as Councillor

Subject to section 16, a person shall be qualified to be elected as a Council­lor where he is—
(a)registered as an elector in any ward of that city or town, or that village, as the case may be; or
(aa)in the case of a Municipal City Councillor or Municipal Town Councillor, occupying, as owner or tenant, any business premis­es in a ward of that city or town for not less than 6 months be­fore the election; and
(b)able to speak and, unless incapacitated by blindness or other physical cause, to read the English and French languages with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the respective Council.
[S. 15 amended by s. 5 of Act 3 of 2015 w.e.f. 9 April 2015.]

16. Disqualifications for election as Councillor

No person shall be qualified to be elected, or nominated, as a Municipal City Councillor, Municipal Town Councillor or Village Councillor or, having been so elected or nominated, shall sit or vote at a meeting of that authority where he—
(a)is a member of the National Assembly;
(b)is a member of the Rodrigues Regional Assembly;
(c)is the holder of, or is acting in, an office of emolument—
(i)under the State;
(ii)under a local authority;
(iii)under a statutory corporation or an organisation wholly funded by the State, other than as the chairperson or member of the governing body of that corporation or or­ganisation wholly funded by the State;
(d)is an undischarged bankrupt or has obtained the benefit of a cessio bonorum;
(e)has, within the 5 years preceding the day of his nomination or election, or since his nomination or election, been sentenced by a Court to death, penal servitude or imprisonment for any offence or to a fine or imprisonment for any drug-related offence;
(f)has been adjudged to be of unsound mind;
(g)is a party to, or a partner in a firm or a director or manager of a company which is a party to, any contract with that authority and has not, within 14 days after his nomination as a candidate for election, published in English or French language in the Gazette and in a daily newspaper, a notice setting out the nature of the contract and his interest, or the interest of the firm or company, in the contract;
(h)is disqualified from acting as a Councillor by any enactment for having committed an offence connected with elections;
(i)is disqualified from election by any enactment by reason of his holding, or acting in, any office, the functions of which involve—
(i)any responsibility for, or in connection with, the conduct of an election; or
(ii)any responsibility for the compilation or revision of a elec­toral register; or
(j)is a Councillor in another local authority.
[S. 16 amended by s. 6 of Act 3 of 2015 w.e.f. 9 April 2015.]

17. Multiple candidatures unlawful

No person shall, at one and the same election, stand as candidate for election—
(a)in more than one ward of a Municipal City Council or Municipal Town Council; or
(b)in more than one Municipal City Council, Municipal Town Council or Village Council.

18. Registration of groups

(1)
(a)Subject to paragraph (b), a group may, at least 10 days before the day appointed for the nomination of candidates for election to a local authority, other than the election of a District Council, be registered as a group for the purposes of that election with the Electoral Supervisory Commission on making application in such manner as may be prescribed.
(b)Any 2 or more groups may be registered as an alliance for the purpose of subsection (2).
(2)
(a)Every candidate for election to a local authority, other than the election of a District Council, shall, at his nomination, declare, in such manner as may be prescribed—
(i)where he belongs to a group not forming part of an alliance, that he belongs to that group; or
(ii)where he belongs to a group forming part of an alliance, that he belongs to the alliance and the group forming part of the alliance.
(b)Where a candidate fails or refuses to make a declaration under paragraph (a), he shall not be regarded as a member of any group.
(c)Where a candidate makes a declaration—
(i)under paragraph (a)(i), he shall, for the purpose of section 42(2) and (2A), be regarded as a member of that group and the name of that group shall be stated on any ballot paper on which his name appears; or
(ii)under paragraph (a)(ii), he shall, for the purpose of section 42(2) and (2A), be regarded as a member of that group, and both the name of the group and that of the alliance shall be stated on any ballot paper on which his name appears.
(3)There shall be such provision as may be prescribed requiring a person who makes an application or a declaration for the purpose of this section to furnish evidence with respect to the matters stated in the application or declaration and to their authority to make the application or declaration.
(4)There shall be such provision as may be prescribed for the determination by a Judge in Chambers before the day appointed for the nomination of candidates at a local authority election, other than the election of a District Council, of any question incidental to any application or declaration made in relation to that local authority election, and the determination of the Judge shall not be subject to appeal.
(5)
(a)Subject to paragraph (aa), a group may submit to the Electoral Supervisory Commission a list of reserve candidates for the election of Municipal City Councillors, Municipal Town Councillors or Village Councillors, for the purpose of filling, under section 42, any vacancy which may occur after that election and before the next general election for the election of Councillors.
(aa)In the case of an alliance—
(i)each group forming part of the alliance may submit a re­serve list;
(ii)no reserve list shall be submitted by the alliance itself.
(b)Subject to sections 15 and 17, a reserve list shall—
(i)contain the names of not more than 6 persons;
(ii)not include the name of a person—
(A)whose name is included on any other reserve list submitted by a group for the election of Municipal City Councillors, Municipal Town Councillors or Vil­lage Councillors;
(B)who is a candidate for the election of Municipal City Councillors, Municipal Town Councillors or Village Councillors;
(iii)not comprise more than two-thirds of persons of the same sex; and
(iv)indicate the order of precedence of each of the candidates appearing on the list, provided that not more than 2 con­secutive candidates on the list shall be of the same sex.
[S. 18 amended by s. 7 of Act 3 of 2015 w.e.f. 9 April 2015.]

C – Qualifications and disqualifications as elector

19. Right to vote at Municipal City Council, Municipal Town Council or Village Council election

(1)Subject to subsection (2), any person who is registered as an elector in a city, town or village shall be entitled to vote in such manner as may be prescribed at any election for that city, town or village, unless he is prohibit­ed from so doing by any enactment where—
(a)he is a returning officer; or
(b)he has committed an offence connected with elections.
(2)No person shall be entitled to vote where, on the date fixed for poll­ing, he is in lawful custody or, except insofar as may otherwise be prescribed, he is, for any other reason, unable to attend in person at the place and time fixed for polling.

20. Qualifications of elector

(1)Subject to subsection (2) and section 21, a person shall be entitled to be registered as an elector at the election of a Municipal City Council, Munici­pal Town Council or Village Council where he is—
(a)a citizen of Mauritius of not less than 18 years;
(b)domiciled and resident in Mauritius; and
(c)a resident of that city, town or village, as the case may be, provided that his name is included in the register of electors compiled in accordance with section 4A of the Representation of the People Act.
(2)No person shall be registered as an elector
(a)in more than one ward of a city or town; and
(b)in more than one city, town or village.

21. Disqualifications of elector

No person shall be entitled to be registered as an elector at the election of a Municipal City Council, Municipal Town Council or Village Council where he—
(a)has been sentenced to death or is serving a sentence of penal servitude or imprisonment for a term exceeding 12 months for any offence;
(b)is a person adjudged to be of unsound mind; or
(c)is disqualified for registration as an elector by any enactment relating to offences connected with elections.

Part IV – Councillors, vacancies of Councillors, meetings and proceedings

A – Councillors

22. Oath to be taken by Councillor

(1)Subject to subsection (2), every Councillor shall, before taking his seat, take and subscribe the oath specified in the Sixth Schedule at a public sitting held in the Council Chamber.
(2)The Councillors present shall take the oath, as far as possible, in al­phabetical order of their surnames.
(3)The seat of a Councillor shall become vacant where, without reason­able excuse, he fails or neglects to take and subscribe the oath specified in subsection (1) within a period of 4 weeks of his election or appointment, as the case may be.

23. Term of office of Councillor

Subject to this Act, the term of office of a Councillor shall begin on the day on which he takes the oath under section 22 and, except for the Lord Mayor, Deputy Lord Mayor, Mayor, Deputy Mayor, Chairperson or Vice-chairperson, shall terminate on the day immediately preceding nomination day at a general election for the election of Councillors.

24. Duties of Councillor

(1)A Councillor shall, at all times, act with reasonable care and diligence in the performance and discharge of official duties.
(2)A Councillor or a former Councillor shall not make improper use of in­formation acquired by virtue of his position as a Councillor to gain, directly or indirectly, an advantage for himself or for another person or to cause detri­ment to the Council.
(3)A Councillor shall not make improper use of his position as a member of the Council to gain, directly or indirectly, an advantage for himself or for another person or to cause detriment to the Council.

25. Code of Conduct for Councillors

The Minister shall, after consultation with local authorities, and such other persons as he thinks fit, issue a Code of Conduct for Councillors, which he shall cause to be published in the Gazette.

26. Privilege of Councillor

(1)No action shall lie against a Councillor in respect of any statement or communication made by him to the local authority where he had a legal, so­cial or moral interest or duty to make the statement or communication and the authority had, in turn, a corresponding interest or duty to receive the statement or communication.
(2)The privilege conferred by subsection (1) shall extend only to a statement or communication on the subject with respect to which the privi­lege exists, and shall not extend to anything that is not inherent or pertinent to the discharge of the duty which creates the privilege.

27. Remuneration of Councillor

Every Councillor shall be paid such monthly remuneration as may be pre­scribed.

28. Access to information by Councillor

(1)Subject to this section, a Councillor shall be entitled, in connection with the performance or discharge of his duties as a Councillor under this Act or any other enactment, without charge, to have access at any reasona­ble time to any relevant Council document, including—
(a)a written contract entered into by the Council;
(b)accounting records kept by the Council; and
(c)financial statements and other documents prepared by the Council under this Act.
(2)A request for access to information under subsection (1) shall be directed in writing to the Chief Executive.
(3)Where any information is considered by the Chief Executive to be confidential, he shall not communicate the information and shall inform the Councillor in writing of his decision.

29. Proceedings in respect of disqualification

(1)
(a)The Attorney-General, or an elector of the local authority concerned, may institute proceedings in the Supreme Court against any person acting, or claiming to be entitled to act, as a Councillor while disqualified within the meaning of this Part.
(b)Proceedings under this section shall not be instituted after 6 months from the date on which the Councillor was disqualified.
(2)Where, in proceedings instituted under this section, it is proved that a person is disqualified from acting as Councillor, the Supreme Court shall—
(a)make a declaration to that effect;
(b)declare that the office in which the person claims to be entitled to act is vacant;
(c)grant an injunction restraining him from so acting; and
(d)order him to pay to the Council such sum not exceeding 10,000 rupees for each occasion on which he so acted while disquali­fied, as the Court thinks fit.
(3)For the purpose of this section, a person shall be deemed to be dis­qualified from acting as a Councillor
(a)where he is not qualified to be, or is disqualified from being, a Councillor, or from holding that office; or
(b)where he has ceased to be a Councillor, or to hold that office, for any of the reasons specified in section 37 or 38.

30. Acts done by unqualified persons

The acts and proceedings of any person elected or nominated to an office under this Act shall, notwithstanding his disqualification or want of qualifica­tion, be as valid and effectual as if he had been qualified.

31. Protection of Councillor against outrage

Sections 156(1), 158(1) and 160 of the Criminal Code shall extend to cases of outrage and violence against, and shall be applicable to, a Councillor.

B – Lord Mayor, Deputy Lord Mayor, Mayor, Deputy Mayor, Chairperson and Vice-chairperson

32. Senior Councillor

At any meeting requiring to be chaired by a Senior Councillor, the Chief Executive shall, before the start of the meeting, designate—
(a)the Councillor who obtained the highest percentage of votes at the last election of Municipal City Councillors, Municipal Town Councillors or Village Councillors or, where 2 or more Councillors obtained the highest percentage of votes, one among them by the drawing of lots;
(b)where the Senior Councillor is, for any reason, unable or unwilling to preside the meeting, the next eligible and willing Councillor with the highest percentage of votes; or
(c)where there has been no poll at such election in respect of the local authority concerned, or in case there is among the Council­lors present, no elected Councillor, the Councillor whose name is drawn by lot.

33. Election of Lord Mayor, Deputy Lord Mayor, Mayor, Deputy Mayor, Chair­person and Vice-chairperson

(1)The Chief Executive shall, within 14 days following the proclamation of the results of a Municipal City Council election, Municipal Town Council election or Village Council election, convene a meeting of all the returned candidates who, after taking the oath referred to in section 22, shall meet under the chairmanship of the Senior Councillor, to elect from amongst themselves—
(a)in the case of a Municipal City Council, a Lord Mayor and a Dep­uty Lord Mayor;
(b)in the case of a Municipal Town Council, a Mayor and a Deputy Mayor;
(c)in the case of a Village Council or District Council, a Chairperson and a Vice-chairperson,
who, unless they resign from their office or are sooner removed, shall remain in office for a period of 2 years or until such time as their successors are elected.
(2)Between the twenty-first and twenty-eighth of the month in which the term of 2 years referred to in subsection (1) expires—
(a)every Municipal City Council, at a special meeting held for that purpose and convened by the Chief Executive, shall meet under the chairmanship of the retiring Lord Mayor, or in his absence, the Deputy Lord Mayor, or in the absence of both of them, a Councillor elected as chairperson of the day by the Councillors present at the meeting, and elect from amongst the Councillors a Lord Mayor and a Deputy Lord Mayor;
(b)every Municipal Town Council, at a special meeting held for that purpose and convened by the Chief Executive, shall meet under the chairmanship of the retiring Mayor, or in his absence, the Deputy Mayor, or in the absence of both of them, a Councillor elected as chairperson of the day by the Councillors present at the meeting, and elect from amongst the Councillors a Mayor and a Deputy Mayor;
(c)every District Council or Village Council, at a special meeting held for that purpose and convened by the Chief Executive, shall meet under the chairmanship of the Chairperson, or in his absence, the Vice-chairperson, or in the absence of both of them, a Councillor elected as chairperson of the day by the Councillors present at the meeting, and elect from amongst the Councillors a Chairperson and a Vice-chairperson,
who, unless they resign from their office or are sooner removed, shall hold their office for a period of 2 years, or until such time as their successors are elected.
(3)Between the twenty-first and the twenty-eighth of the month in which the term of 2 years referred to in subsection (2) expires—
(a)every Municipal City Council, at a special meeting held for that purpose and convened by the Chief Executive, shall meet under the chairmanship of the retiring Lord Mayor, or in his absence, the Deputy Lord Mayor, or in the absence of both of them, a Councillor elected as chairperson of the day by the Councillors present at the meeting, and elect from amongst the Councillors a Lord Mayor and a Deputy Lord Mayor;
(b)every Municipal Town Council, at a special meeting held for that purpose and convened by the Chief Executive, shall meet under the chairmanship of the retiring Mayor, or in his absence, the Deputy Mayor, or in the absence of both of them, a Councillor elected as chairperson of the day by the Councillors present at the meeting, and elect from amongst the Councillors a Mayor and a Deputy Mayor;
(c)every District Council or Village Council, at a special meeting held for that purpose and convened by the Chief Executive, shall meet under the chairmanship of the Chairperson, or in his absence, the Vice-chairperson, or in the absence of both of them, a Councillor elected as chairperson of the day by the Councillors present at the meeting, and elect from amongst the Councillors a Chairperson and a Vice-chairperson,
who, unless they resign from their office or are sooner removed, shall hold their office starting from their election, or until such time as their successors are elected.
(4)Subject to subsection (3), the retiring Lord Mayor and Deputy Lord Mayor, or Mayor and Deputy Mayor, or Chairperson and Vice-chairperson, shall continue in office until their successors have been elected.
[S. 33 amended by s. 8 of Act 3 of 2015 w.e.f. 9 April 2015.]

34. Election procedure under this Sub-part

(1)In the case of elections for the office of Lord Mayor and Deputy Lord Mayor, or Mayor and Deputy Mayor, or Chairperson and Vice-chairperson of a District Council or Village Council, after an election of the whole Council, the Senior Councillor shall receive nominations of candidates from any Coun­cillor who has been already sworn in, except that no member shall nominate more than one other member for the same office.
(2)Where the Senior Councillor receives—
(a)the nomination of only one candidate for an office, he shall declare that candidate duly elected;
(b)the nomination of more than one candidate, an election shall be held by secret ballot.
(3)
(a)The candidate receiving the highest number of votes shall be declared elected to the office of Lord Mayor or Deputy Lord Mayor, or Mayor or Deputy Mayor, or Chairperson or Vice-chairperson of a District Council or Village Council, as the case may be.
(b)In case of an equality of votes, the ballot shall be retaken in respect of the candidates who have obtained an equal number of votes.
(4)Where, on the second ballot, there is again an equality of votes, the person to be elected shall be designated by drawing of lots between the candidates having received the same number of votes.
(5)Where no nomination is received under subsection (2), the President may, on the recommendation of the Minister, make the necessary appoint­ment.

35. Powers of Lord Mayor, Mayor and Chairperson of District Council

(1)The Lord Mayor, Mayor or Chairperson of a District Council shall issue general policy guidelines on the activities of the Council over which he presides.
(2)The appropriate Chief Executive shall be responsible, after consulta­tion with the Lord Mayor, Mayor or Chairperson of a District Council, as the case may be, for arranging the business for, and keeping the minutes of, the Council or any of its committees and for conveying the decisions of the Council or any of its committees.
(3)Any act required to be done by the Lord Mayor, Mayor or Chairperson of a District Council may, in his absence, be done respectively by the Deputy Lord Mayor, Deputy Mayor or Vice-chairperson of the District Council, as the case may be.
(4)Where the Lord Mayor and the Deputy Lord Mayor, the Mayor and the Deputy Mayor, or the Chairperson and Vice-chairperson of a District Council, are absent from their respective offices, the Municipal City Council, Municipal Town Council or District Council, as the case may be, shall, at a meeting held under the chairmanship of the Senior Councillor, appoint a sub­stitute Lord Mayor, substitute Mayor, or substitute Chairperson who shall act as Lord Mayor of the Municipal City Council, Mayor of the Municipal Town Council or Chairperson of the District Council, until such time as the Lord Mayor or Deputy Lord Mayor, Mayor or Deputy Mayor, or Chairperson or Vice-chairperson of the District Council resumes office.

36. Revocation of Lord Mayor, Deputy Lord Mayor, Mayor, Deputy Mayor, Chairperson or Vice-chairperson

(1)Where a Lord Mayor, Deputy Lord Mayor, Mayor, Deputy Mayor, Chairperson or Vice-chairperson of a District or Village Council no longer commands a majority, following a motion of no confidence that has been de­bated and passed against him, the Minister shall revoke the Lord Mayor, Dep­uty Lord Mayor, Mayor, Deputy Mayor, Chairperson or Vice-chairperson, as the case may be, and order that a new Lord Mayor, Deputy Lord Mayor, Mayor, Deputy Mayor, Chairperson or Vice-chairperson be elected within 7 days of the order.
(2)A Lord Mayor, Deputy Lord Mayor, Mayor, Deputy Mayor, Chairper­son or Vice-chairperson of a District or Village Council elected in accordance with subsection (1) shall hold office until such time as the Lord Mayor, Depu­ty Lord Mayor, Mayor, Deputy Mayor, Chairperson or Vice-chairperson, as the case may be, whom he is elected to replace would have normally vacat­ed his office.
(3)Only one motion of no confidence shall be allowed during the tenure of office of a Lord Mayor, Deputy Lord Mayor, Mayor, Deputy Mayor, Chair­person or Vice-chairperson of a District or Village Council, and no such mo­tion shall be allowed during the first 6 months of his tenure of office.
[S. 36 repealed and replaced by s. 9 of Act 3 of 2015 w.e.f. 9 April 2015.]

C – Vacancies of Councillors

37. Vacation of office by resignation

(1)A Councillor may resign his office by giving notice in writing to the appropriate Chief Executive.
(2)A resignation under subsection (1) shall take effect on receipt of the notice of resignation by the Chief Executive.
(3)Where a person who has been elected as a Municipal City Councillor, Municipal Town Councillor or Village Councillor resigns from his group, he shall be deemed to have also resigned his office as Councillor.
(4)Where a person who has been elected as a District Councillor resigns his office, he shall be deemed to have also resigned his office as a Village Councillor.

38. Vacation of office in other cases

The seat of a Councillor shall become vacant—
(a)on his death;
(b)where, without the prior leave of the relevant Council, he fails throughout a period of 6 consecutive months to attend a meet­ing of that Council;
(c)where, without disclosing his interest in accordance with section 46, he or a firm of which he is a partner or manager or a company of which he is a director or manager becomes a party to a contract with the Council of which he is a Councillor, or where, without making the required disclosure, he becomes a partner of a firm, or a director or manager of a company which is a party to any such subsisting contract; or
(d)where he becomes disqualified under section 16.
(e)
[S. 38 amended by s. 10 of Act 3 of 2015 w.e.f. 9 April 2015.]

39. Declaration of vacancy

(1)Where a Councillor
(a)ceases to be qualified as a Councillor;
(b)becomes disqualified from being a Councillor for any reason other than by reason of a conviction or a breach of any enactment relating to electoral offences; or
(c)ceases to be a Councillor for any reason specified in section 38(b), (c) or (d),
the appropriate Chief Executive shall, except in a case in which a declaration has been made by the Supreme Court under this Part, forthwith declare his office to be vacant.
(2)The notice of a declaration of vacancy shall be signed by the Chief Executive, affixed in a conspicuous place in the offices of the Council, and sent to the Minister, who shall cause the notice to be published in the Gazette.
(3)Any person aggrieved by the decision of a Chief Executive under this section may, by way of motion, move the Supreme Court to set aside the decision.
[S. 39 amended by s. 11 of Act 3 of 2015 w.e.f. 9 April 2015.]

40. Date of vacancy

For the purpose of filling a vacancy in any office for which an appoint­ment is made or an election is held under this Act, the vacancy shall be taken to have occurred—
(a)in the case of resignation in writing, on receipt of the resignation by the Chief Executive;
(b)in the case of death, on the date of death of the Councillor;
(c)in the case of a disqualification by reason of conviction, on the expiry of the delay for lodging an appeal or, where an appeal is lodged, on the day it is finally disposed of by the Supreme Court;
(d)in the case of an election being declared void on election peti­tion, on the date of the judgment of the Court; or
(e)in the case of a person ceasing to be qualified to be a Councillor, or becoming disqualified for any reason other than that specified in paragraph (c) or ceasing to be a Councillor for any reason specified in section 38(b), (c) or (d), on the date on which his office is declared vacant by the Chief Executive or by the Su­preme Court, as the case may be.
[S. 40 amended by s. 12 of Act 3 of 2015 w.e.f. 9 April 2015.]

41. Vacancy in office of Lord Mayor, Deputy Lord Mayor, Mayor, Deputy Mayor, Chairperson or Vice-chairperson

(1)Where a vacancy occurs in the office of a Lord Mayor or Deputy Lord Mayor, Mayor or Deputy Mayor, or of a Chairperson or Vice-chairperson of a District Council or a Village Council, an election to fill the vacancy shall be held within 10 days of the occurrence of the vacancy and conducted in the manner provided in section 33 or 34.
(2)A Lord Mayor or Deputy Lord Mayor, Mayor or Deputy Mayor, Chair­person or Vice-chairperson of a District Council or a Village Council elected in accordance with subsection (1), shall hold office until such time as the Lord Mayor or Deputy Lord Mayor, Mayor or Deputy Mayor, Chairperson or Vice­chairperson of the District Council or the Village Council, as the case may be, whom he is called to replace, would have normally vacated his office.

42. Vacancy in office of Municipal City Councillor, Municipal Town Councillor or Village Councillor

(1)Where a vacancy occurs in the office of a Municipal City Councillor, Municipal Town Councillor or Village Councillor, the appropriate Chief Execu­tive shall, not later than one week after its occurrence, give notice in writing to the Minister of the vacancy.
(2)The vacant seat shall—
(a)where the vacancy occurs following a declaration of the Su­preme Court that a person was unduly elected or returned, be filled, subject to subsection (2A) and subsection (4)(a), by the unreturned candidate who obtained the highest number of votes after the elected candidates at the election; or
(b)in every other case, be filled, subject to section 18(5), by the first available person on the Municipal City Councillor's, Municipal Town Councillor's or Village Councillor's group's reserve list in the order of precedence in which the name appears on the list.
(2A)Where the seat of a member of a group registered as an alliance be­comes vacant, it shall be filled by the first available person on the reserve list of the group of which he is a member.
(3)Subject to subsection (4), where the seat of a member becomes vacant, the Electoral Commissioner shall, after consultation with the Elec­toral Supervisory Commission, notify to the Minister the name of the person who is to fill the vacancy.
(4)A person's name may only be so notified where—
(a)he is willing to serve as a Municipal City Councillor, Municipal Town Councillor or Village Councillor, as the case may be; and
(b)in the case of the filling of a vacancy pursuant to subsection (2)(b)—
(i)the group does not, within one week of the notice of decla­ration of vacancy being published in the Gazette under section 39(2), inform the Electoral Commissioner of its objec­tion to his name being notified to the Minister; or
(ii)in the case of a group that was registered as an alliance of 2 or more groups under section 18(1), all the groups jointly do not, within one week of the notice of declaration of va­cancy, inform the Electoral Commissioner of their objection to his name being notified to the Minister.
(5)A person whose name is notified under subsection (3) shall be treated as a member of the local authority on the day on which notification of his name is received by the Minister, and that person shall take the oath referred to in section 22 at the next ordinary meeting of the Council.
(6)Where, in the case of the filling of a vacancy pursuant to subsection (2)(b), no remaining person is available on the group's reserve list or where the group did not submit a reserve list at the time of the general election of the local authority, the Minister may appoint any person who is qualified to be a Municipal City Councillor, Municipal Town Councillor or Village Councillor, as the case may be, to fill the vacancy.
(7)Where a vacancy occurs in the office of a Municipal City Councillor, Municipal Town Councillor or Village Councillor, as the case may be, and—
(a)the filling of the vacancy is to be made pursuant to subsection (2)(a) and there is no unreturned candidate who can, and is will­ing to, serve as a Councillor; or
(b)the filling of the vacancy is to be made pursuant to subsection (2)(b) and the person who vacated the seat was not a member of a group,
the Minister may appoint any other person who is qualified to be a Councillor to fill the vacancy.
[S. 42 amended by s. 3 of Act 23 of 2013 w.e.f. 7 December 2013; s. 13 of Act 3 of 2015 w.e.f. 9 April 2015.]

43. Vacancy in office of District Councillor

Where a vacancy occurs in the office of a District Councillor, an election to fill the vacancy so occurring shall be held within 15 days of the occurrence of the vacancy by the Village Council concerned, and shall be conducted in the manner specified in section 13.

44. Acts not invalidated by vacancy

Every act done by a local authority shall, notwithstanding any vacancy in the local authority or the subsequent discovery that there was a defect in the election or appointment of a person purporting to be a Councillor, be as valid as if no such vacancy or defect had existed.

D – Meetings, proceedings and committees of local authority

45. Meetings of local authority

(1)
(a)The meetings and proceedings of a Municipal City Council, Munici­pal Town Council or District Council, and of any of its committees, shall be conducted in the manner specified in Part I of the Seventh Schedule.
(b)A Municipal City Council, Municipal Town Council or District Council shall meet in an ordinary meeting as often as its business may re­quire and at least once every month.
(2)
(a)The meetings and proceedings of a Village Council and any of its committees shall be conducted in the manner specified in Part II of the Sev­enth Schedule.
(b)A Village Council shall meet in an ordinary meeting as often as its business may require and at least once every month.
(3)
(a)Subject to paragraph (b), a meeting of a Council shall be conducted in a place open to the public, but the Councillor presiding over the meeting may order the removal of any person for disorderly conduct or obstruction of proceedings.
(b)A Council may order that the public be excluded from attendance at a meeting where the Council considers it to be necessary and appropriate, in order to receive, discuss or consider, in confidence, any information or matter.
(4)Subject to this Act, a Council shall make Standing Orders for the reg­ulation of its proceedings and business, and may vary or revoke any such orders.
(5)The Minister may, after consultation with the local authorities con­cerned, by regulations, amend the Seventh Schedule.
[S. 45 amended by s. 14 of Act 3 of 2015 w.e.f. 9 April 2015.]

46. Disability because of interest

(1)
(a)Subject to paragraph (b), where a Councillor or an officer having any direct or indirect pecuniary interest in any contract or other matter is present at a meeting of the local authority at which the contract or other matter is the subject of consideration, he shall, as soon as practicable after the start of the meeting, disclose his interest and shall not take part in the consideration or discussion of, and shall not vote on any question with respect to, the contract or other matter.
(b)Paragraph (a) shall not apply to an interest in a contract or other matter which a Councillor or an officer may have as a rate-payer or inhabitant of the area, or as an ordinary consumer of electricity or water, or to an interest in any matter relating to the terms on which the right to participate in any service, including the supply of goods, is offered to the public.
(2)For the purpose of this section, a person shall, subject to subsec­tion (1)(b), be treated as having an indirect pecuniary interest in a contract or other matter, where—
(a)he or any of his nominees is a director of a company or other body with which the contract is made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
(b)he is a partner, or is in the employment, of a person with whom the contract is made or is proposed to be made or who has a di­rect pecuniary interest in the other matter under consideration.
(3)For the purpose of this section, an interest of spouses living together shall be deemed to be an interest of both spouses.
(4)A general notice given in writing by a Councillor or an officer to the appropriate Chief Executive to the effect that—
(a)he or his spouse is a director, or is in the employment, of a spec­ified company or other body; or
(b)that he or his spouse is a partner, or in the employment, of a specified person,
shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract, or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice.
(5)Every Chief Executive shall record, in a book to be kept for that pur­pose, particulars of any disclosure made under subsection (1) and of any notice given under subsection (4), and the book shall, during office hours, be open to the inspection of any Councillor or member of the public.
(6)A local authority may, by resolution, exclude any Councillor or any officer from any meeting while any contract, proposed contract, or other matter in which he has an interest referred to in subsection (1) is under con­sideration.
(7)Any person who contravenes subsection (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees.
(8)It shall be a defence for any person prosecuted under subsection (7) to establish that he did not know that the contract, proposed contract, or other matter in which he has a pecuniary interest was the subject of consid­eration at the meeting.
(9)No prosecution for an offence under this section shall be instituted except on information filed by the Director of Public Prosecutions.

47. Establishment of Executive Committee

(1)Every local authority, other than a Village Council, shall have an Execu­tive Committee.
(2)An Executive Committee shall comprise—
(a)the Lord Mayor, Mayor or Chairperson, as the case may be;
(b)the Deputy Lord Mayor, Deputy Mayor or Vice-Chairperson, as the case may be; and
(c)5 other members of the Council, to be appointed by the Lord Mayor, Mayor or Chairperson, as the case may be.

48. Duties and powers of Executive Committee

(1)Subject to the procedures and exceptions laid down in section 160, an Executive Committee shall be responsible for the approval of the procurement of goods and services.
(2)In the exercise of their powers, the members of an Executive Com­mittee shall be collectively responsible to the Council.
(3)The term of office of an Executive Committee shall be 2 years, com­mencing after the election of a Lord Mayor, Mayor or Chairperson of a District Council.
(4)Every member of an Executive Committee shall, upon ceasing to be a member of the local authority by which he was appointed, also cease to be a member of the Executive Committee.
(5)Every decision taken by an Executive Committee under subsection (1) shall be reported at the next Council meeting.
(6)Where a vacancy occurs for a member designated under section 47(2)(c), he shall be replaced by another Councillor who shall hold office until such time as the original member, whom he is called upon to replace, would have normally vacated his office.
[S. 48 amended by s. 32 (b) of Act 18 of 2016 w.e.f. 7 September 2016.]

Part V – Purpose and services of local authority

A – Purpose, functions and powers of local authority

49. Purpose of local authority

The purpose of a local authority shall be to—
(a)promote the social, economic, environmental and cultural well­being of the local community;
(b)improve the overall quality of life of people in the local community;
(c)ensure that services and facilities provided by the Council are accessible and equitably distributed;
(d)ensure that resources are used efficiently and effectively to best meet the needs of the local community;
(e)ensure transparency and accountability in decision-making; and
(f)provide for the prudent use and stewardship of local community resources.

50. Functions of Municipal City Council, Municipal Town Council or District Council

(1)Subject to this Act, a Municipal City Council, Municipal Town Council or District Council shall perform such functions as are necessary to further most effectively its purpose and, in particular, shall—
(a)develop, implement and monitor its strategic plans and budgets;
(b)plan for and provide services and facilities for the local communi­ty;
(c)raise revenue to enable the Municipal City Council, Municipal Town or District Council to perform its functions;
(d)develop, implement and monitor its corporate and financial man­agement control techniques;
(e)establish norms and standards in the conduct of its affairs;
(f)perform and discharge the functions and exercise the powers under this Act or any other enactment relating to local authori­ties; and
(g)do such things as are incidental or conducive to the performance of any of its functions under the Act.
(2)A Municipal City Council, Municipal Town Council or District Council shall, subject to its financial capability and within the limits of its administra­tive area, be responsible—
(a)subject to the Mauritius Land Transport Authority Act, the Roads Act and the Road Traffic Act, for—
(i)the cleaning and lighting of all motorways and main roads;
(ii)the construction, care, maintenance, improvement, clean­ing of all pavements, bus shelters, drains and bridges and lighting of all roads other than motorways and main roads;
(iii)the removal from any public place or road of any dead ani­mal and the safe disposal of any carcass or dead body of such animal;
(iv)the removal of any physical obstruction on road reserves;
(v)the control, removal or alteration of advertisements;
(b)subject to any regulations made under section 162(1), for the collection and conveyance of waste to disposal sites or waste management facilities;
(c)subject to the Forest and Reserves Act, for the undertaking of works of afforestation, terracing and tree planting alongside pub­lic roads, the cutting and removing of any tree growing within 2 metres of a public road unless the owner of the land bordering the road elects to cut and remove the tree within such time as may be fixed by the Council;
(d)for the provision, maintenance, management and regulation of places of public auction, public markets and fairs, other than trade fairs and exhibitions which may be organised with the approval of the Minister to whom responsibility for the subject of consumer protection is assigned, pursuant to any regulations made under the Consumer Protection (Price and Supplies Con­trol) Act or any other relevant enactment;
(e)for the construction, control, care, management, maintenance, improvement and cleaning of all beds and banks of lakes, rivers, rivulets and streams;
(f)for the construction, care, management, maintenance, improve­ment, cleaning and lighting of squares, open spaces, parks, gar­dens, public buildings including lavatories, baths and swimming pools, open and dedicated to the use of the public, except for public buildings which are the property of the State;
(g)for the construction, management, maintenance and improve­ment of public libraries, exhibition halls and art galleries, thea­tres, places of public entertainment, playing fields, nurseries for infants, pre-primary schools, cemeteries, crematoria and crema­tion grounds;
(h)for the control of premises used for commercial, industrial, pro­fessional and other related activities;
(i)for the construction of commercial, industrial, professional and residential buildings and the management, maintenance and improvement of municipal estates;
(j)for the provision, maintenance, control, management and renting of parking places for vehicles on urban and rural roads;
(k)subject to the Public Health Act, the Environment Protection Act and any other relevant enactment, for the control of pollution causing a public or private nuisance;
(l)for the licensing, regulation and control of the conduct of busi­ness activities, other than those regulated by other licensing authorities, within its administrative area;
(m)for the promotion of sports development and the organisation of sports activities, including the sponsorship of any club capable of representing the city, town or district at local, regional and international levels;
(n)for the provision of infrastructure for leisure and cultural activi­ties to the inhabitants and the organisation of leisure, welfare and cultural activities;
(o)for the provision, maintenance, control and management of traf­fic centres, including bus stations, stands for lorries and other public vehicles;
(p)for necessary action to ensure that the buildings and plots of land along roads are properly kept, regularly maintained and embellished;
(q)for the control, management, and maintenance of public fountains;
(r)for the proper management and regular maintenance of assets handed over to it by any Ministry or Government Department in accordance with any existing Memorandum of Understanding, signed by the Ministry or Department concerned and the Council;
(s)for such other undertaking as may be approved by the Minister; and
(t)for such other functions as may be conferred on it by any other enactment.

51. Functions of Village Council

(1)Subject to this section, a Village Council shall, within the limits of its administrative area, be responsible for—
(a)the organisation of sports, leisure and cultural activities;
(b)the running of pre-primary schools and entrepreneurship courses;
(c)the maintenance and improvement of libraries and computer facilities;
(d)the maintenance of cremation grounds and any other public health amenities; and
(e)the performance generally of any public works to promote the sanitation and cleanliness of the village and the well being of the inhabitants.
(2)A Village Council may, subject to the approval of the Minister, carry out any other duties assigned to a Municipal City Council, Municipal Town Council or District Council under section 50.

52. Powers of local authority

(1)Subject to any limitations or restrictions imposed by or under this Act or any other enactment, a local authority shall have such powers as are nec­essary to attain its objects and discharge its functions most effectively.
(2)Notwithstanding any other enactment, the areas, places, property and undertakings specified in the Eighth Schedule shall be exclusively controlled, managed and maintained by, and all revenues derived therefrom shall accrue to, the Municipal City Council of Port Louis.
(3)For the better performance of its functions, any Municipal City Coun­cil, Municipal Town Council or District Council may do such acts and take such steps, including the acquisition and disposal of any property rights which it considers necessary for or conducive or incidental to the exercise of its powers and duties, and may in particular—
(a)enter into such contracts as it deems fit for the efficient dis­charge, under its supervision and responsibility, of its functions;
(b)with the Minister's approval, enter in partnership with any other local authority, parastatal organisation, private person, firm, partnership or company for the realisation of any joint venture, commercial, industrial or otherwise.
(4)In the exercise of its functions under section 50 or 51, a local author­ity may, temporarily or permanently, close, divert, alter, widen, raise or lower any public road and carry out all works which it considers appropriate in the area, including the planting and felling of trees or shrubs and the digging of wells and conduits.
(5)Where any closure or diversion of any road under this section is likely to be permanent or where any widening requires the demolition of buildings belonging to third parties, the resolution to close, divert or widen the road shall be subject to the approval of the Minister and no work shall be under­taken until notice of the resolution—
(a)has been published in 2 consecutive issues of the Gazette; and
(b)has been communicated to all persons whose premises may be injuriously affected by such works, by registered post with avis de réception at the residence or at the last known place of resi­dence of such persons.
(6)The Minister may, where he considers it expedient, order the relevant unit of the Ministry to carry out any function of a local authority referred to in section 50(2)(a) to (c), (e) to (g), (k), (n), (p) and (q).

53. Thoroughfares on private property

(1)No street, lane, alley or thoroughfare shall be considered to be dedi­cated to public use unless the Municipal City Council, Municipal Town Council or District Council has approved its dedication to public use.
(2)No person shall create a street, lane, alley, or thoroughfare on his land for dedication to public use without giving notice of his intention to the Municipal City Council, Municipal Town Council or District Council concerned.
(3)Subject to section 156, a Municipal City Council, Municipal Town Council or District Council shall name any street, lane, alley or thoroughfare dedicated to public use.

54. Powers of authorised officers of Municipal City Council, Municipal Town Council or District Council

(1)Subject to subsection (2), every authorised officer of a Municipal City Council, Municipal Town Council or District Council
(a)shall have all the necessary powers to—
(i)enter, at all reasonable times, any place where a building is being constructed or repaired, to ascertain whether the required Building and Land Use Permit has been obtained and, if so, whether the conditions of such permit are being respected;
(ii)issue all orders required so that the Planning and Develop­ment Act, the Town and Country Planning Act and the Building Act Building Control Act are complied with;
(b)shall have the powers, privileges, immunities and duties of a police officer in the execution of all summons and orders issued in relation to any offence against an enactment relating to a Municipal City Council, Municipal Town Council or District Council;
(c)may seize any article or animal which is the subject matter of an offence under any enactment relating to a Municipal City Coun­cil, Municipal Town Council or District Council where—
(i)the seizure is necessary for the purpose of establishing the offence; or
(ii)the article or animal is liable to seizure or confiscation;
(d)may, without warrant, arrest any person for any offence under any enactment relating to a Municipal City Council, Municipal Town Council or District Council where the person—
(i)not being known to him, refuses to give his name and address or gives a name and address which he has reason to consider to be false; or
(ii)runs away or attempts to run away, rescues any article seized or in any way obstructs, hinders, opposes or molests the inspector;
(e)shall wear such uniform, and carry such staff or other insignia of office, as the Municipal City Council, Municipal Town Council or District Council may determine.
(2)
(a)Any person arrested under subsection (1)(e) shall be taken forthwith to the nearest police station and the officer in charge of the station shall, where he is satisfied in respect to the name, position and place of abode of the person arrested, release him provisionally after recording all the particulars concerning the case in the occurrence book of the station.
(b)Where the person arrested is not released, he shall be taken before a Magistrate on the next sitting day.
(c)Any article or animal seized or confiscated under subsection (1)(c) shall be disposed of—
(i)in such manner as the Court may direct;
(ii)where no direction has been issued by the Court, in such manner as the Chief Executive may determine.

B – Services of local authority

55. Free membership of libraries

Where a local authority provides a library for public use, the residents of that local authority shall be entitled to join the library free of charge.

56. Markets and fairs

No market or fair shall be erected or opened in any administrative area of a local authority unless—
(a)it has been approved by the relevant Municipal City Council, Municipal Town Council or District Council and complies with such terms and conditions as the Council may impose; and
(b)its site and layout plans have been approved by the Sanitary Authority and comply with such terms and conditions, including fire safety norms, as it may determine.

57. Occupation of stalls and shops inside markets, fairs or other premises

(1)Notwithstanding the Landlord and Tenant Act, a Municipal City Council, Municipal Town Council or District Council may—
(a)after inviting expressions of interest and by contract, authorise any person to occupy any stall, shop or other place inside any market or fair which it controls or manages, on such terms and conditions as may be prescribed;
(b)after calling for tenders and by contract, authorise any person to occupy any other premises which it controls or manages, on such terms and conditions as it may determine.
(2)An authorisation under subsection (1) shall be for a period of not more than 3 years but may be expressly renewed for further periods not exceeding 3 years, on such terms and conditions, including a revision of any fee payable, as the Municipal City Council, Municipal Town Council or Dis­trict Council may determine in each particular category.
(3)Except with the approval of the Minister, a local authority shall not—
(a)suspend, revoke, or fail to renew an authorisation granted under subsection (1);
(b)where it has the option not to renew a contract entered under subsection (1), exercise that option; or
(c)vary the terms and conditions of an authorisation granted under subsection (1).

58. Sale of articles outside markets or fairs

(1)Subject to subsection (2) a Municipal City Council, Municipal Town Council or District Council may, on payment of such fee as may be pre­scribed and on such terms and conditions as it may determine, issue permits for the opening of shops and stalls outside the markets and fairs for the sale of such articles as may be specified in regulations made by the Council.
(2)The site, construction and sanitary arrangements of the shops and stalls shall be in conformity with any enactment relating to sanitation.
(3)No article shall be sold at a market or fair, in a place other than the shop or stall in respect of which the permit was granted.
(4)A Municipal City Council, Municipal Town Council or District Council may cancel any permit granted under this section where any enactment re­lating to these articles is not complied with or where the permit holder does not comply with any terms and conditions of the permit.
(5)A Municipal City Council, Municipal Town Council or District Council may, by regulations, provide for the payment of different fees in respect of different permits according to the description of the articles to be sold in such shops or stalls.

59. Waste management

(1)The Permanent Secretary shall formulate policies and strategies for the—
(a)minimisation of waste and recovery from waste; and
(b)storage, collection, conveyance and disposal of waste.
(2)The Permanent Secretary shall, in accordance with such regulations as may be made by the Minister, make arrangements for the—
(a)operation and management of disposal sites and waste man­agement facilities; and
(b)control of private operators in the field of waste management.
(3)For the purpose of subsections (1) and (2), the Permanent Secretary may consult the Environment Co-ordination Committee.

60. Storage, collection, transfer and disposal of waste

(1)A local authority shall—
(a)implement programmes and put in place mechanisms for waste minimisation, storage, collection and conveyance of waste to waste disposal sites or waste management facilities;
(b)ensure that waste is put in appropriate storage receptacles for collection;
(c)arrange for the regular collection of waste in its jurisdiction area and transfer to disposal sites or waste management facilities, as appropriate.
(2)Subject to any requirement imposed under any other enactment, the Minister may, by notice in the Gazette, designate a waste disposal site or a waste management facility for hazardous or non-hazardous waste.
(3)Any vehicle used for the conveyance of waste shall be licensed by the Ministry in such manner as may be prescribed.
(4)A local authority may, subject to the approval of the Permanent Sec­retary, facilitate the collection of selected hazardous wastes.
(5)All waste collected by, or on behalf of, a local authority shall be the property of the State.

61. Sanitation and abatement of nuisance

(1)Subject to any enactment relating to buildings, drains, quarantine, drainage or waste water, a Municipal City Council, Municipal Town Council or District Council may take measures for the construction, repair, maintenance, cleaning and general care of all drains, sewers, gutters and cross gutters in the area falling within its jurisdiction.
(2)Nothing in this section shall affect the operation of the Waste Water Management Authority and the control of the waste water system and, sub­ject to section 62, a Municipal City Council, Municipal Town Council or District Council shall not object to, oppose or hinder any digging or other works con­sequent thereon or incidental thereto, where notice has been duly given to the Municipal City Council, Municipal Town Council or District Council.
(3)A Municipal City Council, Municipal Town Council or District Council shall have the power to authorise the construction of drains in privately owned land where storm water accumulates and represents flooding risks.
(4)Except where way leave is given to a Municipal City Council, Munici­pal Town Council or District Council, the onus to keep the drains inside private properties clean shall be the responsibility of the owners.
(5)A Municipal City Council, Municipal Town Council or District Council shall have the power to cause any obstruction to be removed from any water­course likely to cause flooding.
(6)In the discharge of its functions, a Municipal City Council, Municipal Town Council or District Council shall ensure that the owner or occupier of—
(a)premises, including flats, vacant premises or wasteland, takes necessary measures to keep those premises, including drains found on private property, clean and free from waste, under­growth or noisome vegetation at all times; and
(b)wasteland takes necessary measures to keep the wasteland properly fenced.
[S. 61 amended by s. 27(a) of Act 27 of 2013 w.e.f. 21 December 2013.]
(7)Notwithstanding the Environment Protection Act, where any waste is deposited on any land within the jurisdiction area of a Municipal City Council, Municipal Town Council or District Council or is in contravention of this Act, the Municipal City Council, Municipal Town Council or District Council shall serve a notice to the occupier of the land requiring him to—
(a)remove the waste forthwith or within a period specified in the notice, not exceeding 15 days as from the date of service of the notice;
(b)take, within a specified period, such steps as are specified in the notice with a view to eliminating or reducing the consequences of the deposit of the waste.
(8)A Municipal City Council, Municipal Town Council or District Council may remove any type of waste that is deposited on any premises or take such other steps—
(a)where it considers that such waste has to be removed to elimi­nate or reduce the consequences of the deposit of it and take action to prevent pollution of the environment or which may rep­resent danger to human, animal or plant life; or
(b)where the owner of the premises in question is untraceable.
(9)Where bareland or any abandoned premises constitutes, or is likely to constitute, a threat to public health, and where the owner of the bareland or premises, is untraceable, an officer of a Municipal City Council, Municipal Town Council or District Council may enter the bareland or premises and cause all necessary works for the cleaning of the land or premise and removal and disposal of all undergrowth, waste and any other material that may be found thereupon.
(10)
(a)Where a Municipal City Council, Municipal Town Council or Dis­trict Council exercises its powers under subsection (8) or (9) in respect of any land, it shall be entitled to recover the costs of the work done from the owner or occupier.
(b)The costs referred to in paragraph (a) shall stand as a civil debt to the account of the owner or occupier.
(11)No person shall deposit, or cause or allow to be deposited, any household or commercial waste, litter, vehicle wreck, excavation or builder's rubble, household furniture, animal carcass or any other material whether liquid or solid, on any street, pavement, bareland, vacant premises, drain, canal, rivulet, river, stream, reservoir or any public place.
(12)A Municipal City Council, Municipal Town Council or District Council shall, on request, submit to the Permanent Secretary, a report of the waste­lands cleared and of waste collected in accordance with this Part, and the report shall include details of—
(a)the premises which have been cleared or from which waste has been collected;
(b)the types and volume or the quantity of waste; and
(c)the costs incurred.
(13)
(a)No person shall deposit or cause or allow to be deposited any building material on a street, pavement, bareland, vacant premises or any pub­lic place, unless he holds the appropriate written authorisation from the Munic­ipal City Council, Municipal Town Council or District Council authorising him to do so.
(b)Where the authorisation is obtained, the deposit or stacking should be in strict conformity with the terms and conditions of the authorisation.
(14)The owner or occupier of any premises shall trim, or cause to be trimmed, in height and thickness, perpendicular to the inward edge of the footway, any hedge projecting on any street so as to allow a free passage.
(15)Where a Municipal City Council, Municipal Town Council or District Council considers that any nuisance exists on, or in respect of, any road, bridge, building or other place within its jurisdiction area and abatement thereof is required in the interest of public health, the Council shall, by order in writing, call upon the person causing the nuisance to abate that nuisance or to carry out required works which should commence within such time as may be fixed by the council.
(16)In this section—"nuisance" has the same meaning as in section 18 of the Public Health Act.

62. Works affecting roads

(1)No person shall carry out any works likely to damage the surface of a road unless—
(a)he obtains, pursuant to an application, a written authorisation from the Municipal City Council, Municipal Town Council or District Council in whose area the road is to be found; and
(b)he strictly complies with all the conditions imposed by the Munici­pal City Council, Municipal Town Council or District Council, which shall include the payment of a fee and the submission of a deposit.
(2)
(a)Subject to paragraph (b), any person who contravenes subsection (1) shall commit an offence, and the Court shall, on motion of the Municipal City Council, Municipal Town Council or District Council, further order him to pay to the Municipal City Council, Municipal Town Council or District Council the cost or estimated cost of repairing and resurfacing the damaged part of the road.
(b)It shall be a defence for any person prosecuted for an offence under paragraph (a) to prove that—
(i)an application for an authorisation made under subsection (1)(a) has not been dealt with within a reasonable time;
(ii)the works undertaken were required to be done urgently; and
(iii)he has offered to pay to the Municipal City Council, Municipal Town Council or District Council the cost or estimated cost of repairing and resurfacing the damaged part of the road.

C – Power to control State land and acquire land and buildings

63. State lands in Port Louis

(1)
(a)The Municipal City Council of Port Louis shall be vested with the control and maintenance of the State land known as the Champ de Mars.
(b)The Municipal City Council of Port Louis shall not sell, lease, oc­cupy or build on the Champ de Mars without the approval of the President and shall ensure that no person occupies or builds on that land without the approval of the President.
(c)The State may, at any time, on giving notice to the Municipal City Council of Port Louis, resume its full rights over the whole or any part of the Champ de Mars.
(d)Any building and other property belonging to the Municipal City Council of Port Louis which, at the time of resumption of the rights referred to in paragraph (c), is to be found on the Champ de Mars, may be removed by the State.
(2)
(a)The Municipal City Council of Port Louis shall—
(i)be vested with the control and maintenance of the 6 portions of State Land situated at Guy Rozemont Square, in Port Louis, specified in the Ninth Schedule; and
(ii)provide and maintain a proper and sufficient roadway on each side of Guy Rozemont Square for the purpose of access to the former War Department property and other property situated there.
(b)The Municipal City Council of Port Louis shall maintain Portion A specified in the Ninth Schedule as a roadway which shall bear the name of Decaen Street.
(c)The Municipal City Council of Port Louis shall maintain Portion F specified in the Ninth Schedule as a passage to be known as Bouvet Lane so as to give free access to the former War Department property.

64. Power to acquire, sell or exchange land and buildings

(1)Subject to subsections (3) and (7), a Municipal City Council, Munici­pal Town Council or District Council may, with the Minister's approval, acquire by way of compulsory acquisition, purchase, lease or exchange, any land wherever situate for the purpose of any of its functions under this Act or any other enactment.
(2)Any land acquired under this section may, until it is required for the purpose for which it was acquired, be held and used for any purpose falling within the functions of the Municipal City Council, Municipal Town Council or District Council.
(3)No land shall be acquired by way of purchase or lease where the price or rent to be paid exceeds that which is assessed by the Chief Government Valuer.
(4)Subject to subsections (5) and (6), a Municipal City Council, Munici­pal Town Council or District Council may, with the Minister's approval—
(a)sell any land or building which it owns; or
(b)exchange any of its lands for other land, with or without "soulte".
(5)
(a)No land shall be—
(i)sold for a price which is below the market value of the land; or
(ii)exchanged for a land whose value is below the market val­ue of the land being exchanged,
as assessed by the Director, Valuation and Real Estate Consultancy Services.
(b)Notwithstanding paragraph (a), where the owner of a house, standing on a portion of land belonging to the Municipal City Council or Municipal Town Council, which was built as part of a housing estate com­monly known as a Municipal City Housing Estate, or Municipal Housing Estate, is willing to buy the house and the portion of land on which it stands, the Municipal City Council or Municipal Town Council may sell that house and that portion of land to him by private contract at the price of 2,000 rupees.
(6)No land shall be acquired by way of exchange where the value of the land intended to be received in exchange is below the Chief Government Valuer's assessment of the value of the land it is proposed to acquire.
(7)Any compulsory acquisition under subsection (1) shall be made on behalf of a Municipal City Council, Municipal Town Council or District Coun­cil by the Government in accordance with the Land Acquisition Act.
[S. 64 amended by s. 32 (c) of Act 18 of 2016 w.e.f. 7 September 2016.]

65. Lease granted by local authority

(1)No lease of immovable property belonging to a local authority shall be granted or renewed for a period exceeding 10 years without the approval of the Minister.
(2)Any lease granted in breach of subsection (1) shall be null and void.

66. Proceeds from sale of assets

(1)Proceeds in respect of a transaction under section 64 shall only be used by a local authority for a purpose for which capital money may properly be used.
(2)Where capital money is used under this section for a purpose other than that for which the land, subject of the transaction, was held, the authori­ty shall make in its accounts such adjustment as the Minister may direct.

Part VI – Departments and officers of local authority

67. Departments of local authority

(1)For the efficient discharge of its duties, every local authority, other than a Village Council, may have the following departments—
(a)the Administration Department;
(b)the Finance Department;
(c)the Land Use and Planning Department;
(d)the Public Infrastructure Department;
(e)the Public Health Department; and
(f)the Welfare Department.
(2)Every department of the Council shall be under the supervision of the Chief Executive.

68. Unified Local Government Service Board

(1)There shall be for the purposes of this Act a Unified Local Govern­ment Service Board, which shall have the power to—
(a)approve the establishment of any office of emolument in the service of a local authority;
(b)change the posting of an officer, except an officer from the workmen's group, from one local authority to another;
(c)redeploy officers;
(d)issue guidance on general human resource matters;
(e)approve loans to eligible officers in accordance with section 74;
(f)determine applications for leave without pay made by officers;
(g)decide whether a temporary vacancy, arising from officers being on leave without pay or on extended leave, shall be filled and recruit, on a contract basis, any such temporary replacements;
(h)establish training policy for officers and ensure that appropriate security bonds are entered into by officers who are sponsored to follow courses.
(2)The Board shall be presided by the Permanent Secretary or his repre­sentative and shall comprise—
(a)a representative of the Prime Minister's Office;
(b)a representative of the Ministry responsible for the subject of finance;
(c)a representative of the Ministry responsible for the subject of civil service affairs;
(d)a representative of the Ministry responsible for the subject of la­bour and industrial relations; and
(e)a representative of the Ministry responsible for the subject of local government.
(3)The Board shall—
(a)regulate its meetings in such manner as it may determine; and
(b)meet as often as is necessary at such time and place as the Permanent Secretary thinks fit.
(4)The Board shall designate an officer to act as Secretary to the Board, and the Secretary shall—
(a)prepare and attend every meeting of the Board;
(b)keep minutes of proceedings of any meeting of the Board; and
(c)have such other duties as may be conferred upon it by the Board.
(5)Notice of every meeting shall be given to the members by the Secre­tary to the Board.
(6)Every member shall be paid such fee or allowance as the Minister may approve.
(7)In this section—"workmen's group" means the group consisting of every category of unskilled, semi-skilled and skilled workers and their supervisors, including apprentices.

69. Officers of local authority

(1)
(a)The Local Government Service Commission shall appoint to the establishment of every local authority, for the efficient discharge of its func­tions, a fit and proper person to every office of emolument approved by the Board.
(b)No person who is, or has during the preceding 12 months been, a Councillor, shall be appointed as an officer of a local authority.
(2)No person shall be appointed as an officer unless he holds the pre­scribed qualifications of that post.
(3)
(a)The salary structure and conditions of service applicable to posts of any authority shall be those approved by the Board and, where applicable, in accordance with the recommendations of the Pay Research Bureau or such other body as may be prescribed.
(b)Except as may be otherwise prescribed, the conditions of service applicable to the public service shall apply to an officer.
(4)The schemes of service applicable to every officer shall be those which the Board shall, after consultation with the appropriate Chief Execu­tive and with the agreement of the Local Government Service Commission, specify in writing.
(5)Every Chief Executive shall have overall responsibility for the admini­stration of the appropriate local authority whose officers shall be responsible to him.
(6)Every person holding an office of emolument in the service of a Village Council shall be deemed to be an officer of the District Council having jurisdiction over that Village Council.
(7)Any person holding an office of emolument in the service of a local authority shall be subject to disciplinary proceedings in matters of discipline in accordance with regulations made by the Local Government Service Commission under the Local Government Service Commission Act.

70. Human resource management principles

(1)Every Chief Executive shall ensure that principles of human resource management are applied to employment in the administration of a local authority, and shall take reasonable steps to ensure that those principles are known to every officer.
(2)The appropriate Chief Executive shall ensure that—
(a)every officer
(i)is given reasonable access to training and development;
(ii)is afforded equal opportunities to secure promotion and advancement;
(iii)is treated fairly and consistently, and not subject to arbi­trary decisions;
(iv)has access to suitable processes to deal with grievances concerning working conditions or the decisions of supervi­sors;
(v)is given regular reports on his performance;
(vi)is provided with safe and healthy working conditions; and
(b)there is no unlawful discrimination against officers in the admini­stration of the local authority on the ground of sex, sexual orien­tation, marital status, pregnancy, race, caste, opinion, physical or intellectual impairment, age or any other ground and that there is no other form of unjustifiable discrimination exercised against officers.

71. Protection of officers

(1)No civil liability shall attach to an officer for an act committed in the exercise of powers or functions under this Act.
(2)A liability that would, but for subsection (1), attach to an officer, at­taches instead to the Council.
(3)Nothwithstanding subsection (2), a Chief Executive may take such disciplinary action against an officer in accordance with regulations made by the Local Government Service Commission under the Local Government Ser­vice Commission Act.
(4)Sections 156(3), 159 and 160 of the Criminal Code shall extend to cases of outrage and violence against an officer.

72. Vacancy

(1)Where a vacancy occurs in respect of a local government office, the Chief Executive shall, within one month of the occurrence, report the matter to the Unified Local Government Service Board and make a recommendation as to whether or not—
(a)the vacancy should be filled in a permanent, temporary or acting capacity;
(b)the functions of the vacant office ought to be assigned to an­other officer in that local authority; or
(c)an officer from another local authority may be re-deployed to fill the vacancy.
(2)Where a vacancy has to be filled by recruitment, the Unified Local Government Service Board shall report the vacancy to the Local Government Service Commission and the matter shall be governed by the Local Govern­ment Service Commission Act.
(3)The Unified Local Government Service Board may accept or reject any recommendation made under subsection (1) but no vacancy shall, unless so decided by the Board, be left unfilled for more than 6 months.

73. Security to be given by officers

(1)A local authority may take, or require any of its officers to give, such security as it thinks sufficient for the faithful execution of the duties of his office and for duly accounting for all money or property which may be entrusted to him.
(2)Any officer who, without reasonable excuse, fails to furnish the security required of him within 15 days of such request, or fails to renew a security which has been furnished within 15 days of its expiry, shall be considered to have vacated his office.
(3)No Councillor shall, for the purposes of this section, stand as surety for an officer employed by the local authority of which he is a member.

74. Loan to officers

(1)A local authority may, subject to the approval of the Unified Local Government Service Board and on the same conditions as those in force in the public service, make a loan to eligible officers for the purchase of a motor vehicle to be used by the officer in the performance of his duties.
(2)No local authority shall make a loan to an officer who is indebted to the authority for a previous loan granted to him.

75. Accountability of officers

(1)Every officer shall, during the continuance of his office or within 3 months after his ceasing to hold it, submit, in writing, at such time and in such manner as the local authority may direct, a true account of all money and property committed to his charge, and of his receipts and payments, with vouchers and other documents and records supporting the entries, and a list of persons from whom or to whom money is due in connection with his office and the amount so due.
(2)Every officer shall, on being so directed by a local authority, pay to the local authority, or to any person, any money due by him, in his capacity as an officer.
(3)Where an officer
(a)refuses or wilfully neglects to make any payment which he is required to make under this section; or
(b)after 3 days' notice in writing signed by the Chief Executive and served upon him, given or left at his usual or last known place of residence, refuses or wilfully neglects to make out or deliver to the local authority any account or list which he is required by this section to make out and deliver or any voucher or other documents or record relating thereto or to give to the authority such security respecting it as the Chief Executive directs,
a District Magistrate may, on complaint by the local authority, order him to make such payment or delivery or to give such security.
(4)Nothing in this section shall affect any other action which a local authority may consider appropriate against the officer or his surety.

76. Responsibilities of Permanent Secretary

(1)Subject to subsections (2) and (3), the Permanent Secretary shall, for the purposes of the Local Government Service Commission Act, be the re­sponsible officer of every Chief Executive.
(2)The Permanent Secretary shall report to the Local Government Ser­vice Commission any Chief Executive who has—
(a)failed to exercise administrative or financial control in accor­dance with his responsibilities;
(b)failed to execute the policies, projects or decisions and directives of the Council, provided they are not inconsistent with existing legislation and established procedures; or
(c)committed an act of gross misconduct, misbehaviour or insubor­dination.
(3)Where, following a report made under subsection (2), the Local Gov­ernment Service Commission is of the opinion that disciplinary action should be taken against the Chief Executive, the Permanent Secretary shall, after consulting the Solicitor-General, draw up the appropriate charge.

Part VII – Partnerships

77. Policy on partnerships with private sector

(1)A local authority shall, in accordance with such guidelines as may be issued by the Minister and subject to subsection (2), prepare a policy in re­spect of partnerships between the local authority and the private sector.
(2)The policy shall include—
(a)the circumstances where the local authority shall provide or receive funding or other resources in relation to any form of partnership with the private sector;
(b)any consultation the local authority will undertake in respect of any proposal to provide or receive funding or other resources in relation to any form of partnership with the private sector;
(c)the conditions, if any, the local authority shall impose before providing or accepting funding or other resources in relation to any form of partnership with the private sector;
(d)an outline of how risks associated with any such provision of funding or other resources are assessed and managed;
(e)an outline of the procedures by which any such provision of funding or other resources will be monitored and reported on to the local authority; and
(f)an outline of how the local authority will assess, monitor, and report on the extent to which community outcomes are furthered by any provision of funding or other resources or a partnership with the private sector.
(3)In this section—"partnership with the private sector" means any arrangement or agree­ment that is entered into between one or more local authorities and one or more persons engaged in business, but does not include a contract for the supply of any goods or services to, by or on behalf of a local authority.

78. Associations of local authorities

(1)There shall be established an Association of Urban Authorities and an Association of District Councils.
(2)
(a)The Association of Urban Authorities shall be composed of—
(i)the Lord Mayor and the Deputy Lord Mayor of each Municipal City Council; and
(ii)the Mayor and the Deputy Mayor of each Municipal Town Council.
(b)The Association of District Councils shall be composed of the Chairperson and the Vice-Chairperson of each District Council.
(3)The objects of the Associations referred to in subsection (1) shall be to—
(a)co-ordinate the activities of the relevant local authorities;
(b)promote the development of the relevant local authorities;
(c)deal in such other activities relating to local government, as may be approved by the Minister.
(4)The Chief Executive or other Heads of Departments of a local authori­ty may attend or take part in any discussion of an Association referred to in subsection (1) but shall not vote on any question.
(5)The respective local authorities may delegate to their Association, with or without such restrictions or conditions as they think fit, any function of the local authorities relating to the objects of the Association, except the power of levying a rate, raising revenue or of borrowing money.
(6)The Minister, may, where he considers appropriate, consult the Asso­ciations referred to in subsection (1) for specific matters pertaining to local government.

79. Expenses and accounts of Association of Local Authorities

(1)The expenses incurred by an Association referred to in section 78(1) shall be defrayed by the relevant local authorities, in such proportions as they may agree upon or, in case of disagreement, in the proportions which the Minister may determine.
(2)The accounts of an Association referred to in section 78(1) shall be made up yearly to the end of the financial year and thereafter submitted within 4 months for audit by the Director of Audit.
(3)The voting disabilities provided in section 46 shall apply, with such modifications as may be necessary, to councillors appointed to an Associa­tion referred to in section 78(1).

Part VIII – Local government finance

A – Funds, annual estimates and grants

80. General Fund

(1)There shall be, in respect of every local authority, other than a Village Council, a General Fund—
(a)into which shall be paid—
(i)all revenue; and
(ii)such amount of grants in respect of all expenditure, both recurrent and capital, as may be appropriated by the Na­tional Assembly; and
(b)out of which all liabilities shall be paid.
(2)Subject to subsection (3), all payments to and out of a General Fund shall be made by the appropriate Financial Controller.
(3)Payments out of a General Fund shall not be made before approval of the appropriate Chief Executive has been obtained, and such approval may cover several payments.
(4)No payment shall be made under subsection (2) unless it relates to an item included in estimates approved under section 85.
(5)A District Council shall allocate, for specific or general purposes, from its General Fund, such sum of money as the District Council shall, subject to the Minister's approval, make to each of the Village Councils set up within the jurisdiction of that District Council.
[S. 80 amended by s. 17(2)(b) of Act 1 of 2015 w.e.f. 1 January 2015.]

81. Pension Fund and Passage Fund

(1)A Municipal City Council, Municipal Town Council or District Council shall, with the approval of the Minister, establish for its officers, a Pension Fund, which shall be administered by the Company, and a Passage Fund.
(2)There shall be paid into a Pension Fund—
(a)the aggregate of the contributions made by the local authority;
(b)income derived from investments of the Pension Fund;
(c)any sum that may become payable to the Pension Fund follow­ing the transfer of an officer from another local authority, from the public service, from a statutory body or from any other insti­tution;
(d)such other money as may accrue to the Pension Fund.
(3)There shall be paid out of a Pension Fund—
(a)any pension benefit;
(b)the cost of administration of the Pension Fund.
(3A)
(a)Any person who had retired from a local authority as at 31 December 2012 shall continue to be paid his pension benefits by the local authority where he was employed immediately before his retirement.
(b)The pension benefits referred to in paragraph (a) shall be paid out of the General Fund of the local authority where the person was employed.
(3B)Where an officer was appointed in a local authority before 1 July 2008 and is still an employee as at 31 December 2012, the local authority shall transfer to the Company the fund, in respect of its liability for the past service of the officer before 1 July 2008, for payment of the appropriate pension.
(4)The Company shall, at intervals of not more than 5 years, cause an actuarial investigation into every Pension Fund and, in the light of the actuar­ial report, shall determine what readjustments or modifications, if any, in the working of a Pension Fund are necessary in the interest of the beneficiaries, and the local authority shall comply with the recommendations made by the actuary with effect from the date on which the recommendations are notified to the Company.
(5)There shall be paid into a Passage Fund—
(a)all passage benefits due to the officers of the local authority;
(b)income derived from investments of the Passage Fund;
(c)any sum that may become payable to the Passage Fund follow­ing the transfer of an officer from another local authority, from the public service, from a statutory body, or from any other institution;
(d)such other money as may accrue to the Passage Fund.
(6)There shall be paid out of a Passage Fund solely payments of passage benefits for officers.
[S. 81 amended by s. 15(a) of Act 26 of 2012 w.e.f. 22 December 2012.]

82. Village Council Fund

(1)There shall be, in respect of every village, a Village Council Fund which shall be managed by the appropriate Chief Executive and the Financial Controller of the District Council exercising jurisdiction over the Village Council.
(2)Any money received by a Village Council under this Act shall be paid into the Village Council Fund and all liabilities to be discharged by the Village Council shall be discharged out of that Fund.
(3)Any money received in the Fund shall be deposited in a bank or with the District Council concerned.

83. Grants to Municipal City Council, Municipal Town Council or District Council

(1)
(a)In every financial year, there shall be paid to the Municipal City Council, a Municipal Town Council or a District Council a grant from the Consolidated Fund of an amount calculated according to such formula as may be prescribed.
(b)The formula for the payment of grants under this section shall operate for such period and on such conditions as may be prescribed.
(2)In considering the amount of grants to be allocated to a Municipal City Council, Municipal Town Council or District Council, due consideration shall be given to the financial and development needs of the particular Municipal City Council, Municipal Town Council or District Council and shall, for a fair alloca­tion of the amount of the grants, take into account—
(a)the human resource needs of the particular Municipal City Coun­cil, Municipal Town Council or District Council;
(b)the special needs of the area falling under the jurisdiction of the particular Municipal City Council, Municipal Town Council or Dis­trict Council in terms of accelerated development;
(c)the possibility of the Municipal City Council, Municipal Town Council or District Council concerned to increase its revenue by way of any local rates, fees or charges;
(d)the opportunities for the development of business, industry and commerce within the area of the Municipal City Council, Munici­pal Town Council or District Council; and
(e)the state of public finance and of the economy of Mauritius in general.
(3)The Minister may reduce any grant payable to a Municipal City Coun­cil, Municipal Town Council or District Council by such amount as he thinks fit, where he is satisfied—
(a)on representations made to him or otherwise, that the authority has failed to achieve or maintain a reasonable standard of effi­ciency and progress in the discharge of its functions; or
(b)that a requirement of this Act or any condition imposed under subsection (1) is not being complied with.

84. Release of grants

Any grant appropriated by the National Assembly in respect of local authorities, in any financial year, shall be released periodically in such man­ner as the Minister may determine.

85. Annual estimates

(1)
(a)A Village Council shall, in March of every financial year, draw up an estimate of the income and expenditure of the Council for the next financial year.
(b)On or before 7 April next ensuing, 2 certified copies of the esti­mate, together with a statement of estimated assets and liabilities, shall be sent to the Chief Executive of the District Council in which the village is in­cluded for consideration.
(c)The Chief Executive of the District Council concerned shall, not later than 15 April of every financial year, submit to the District Council the estimates of the Village Council for consideration.
(d)The District Council shall, after consideration of the estimates of the Village Council, forward one of the copies of the estimates to the Minis­ter with its comments for his approval.
(e)The Minister may approve the estimates of the Village Council in whole or in part.
(f)An attested copy of the estimates approved by the Minister shall be deposited in a suitable place in the office of the Village Council for public inspection.
(2)
(a)The Lord Mayor, Mayor or Chairperson of every Municipal City Council, Municipal Town Council or District Council, shall, not later than 15 April of every financial year, submit to the Municipal City Council, Municipal Town Council or District Council, as the case may be, estimates of income and estimates of expenditure of the local authority for the next financial year.
(b)The Municipal City Council, Municipal Town Council or District Council, as the case may be, shall approve, not later than 30 April of every financial year, the estimates submitted, subject to such modifications as it may determine.
(c)The Chief Executive shall, not later than 15 May of every financial year, in respect of the next financial year
(i)transmit to the Minister an attested copy of the estimates of income and estimates of expenditure for his approval, together with a statement of estimated assets and liabilities in a prescribed form; and
(ii)transmit to the Minister to whom responsibility for the subject of finance is assigned, a copy of the estimates and the statement referred to in subparagraph (i).
(d)The Minister may approve the estimates of the Municipal City Council, Municipal Town Council or District Council in whole or in part.
(e)An attested copy of the estimates approved by the Minister shall be deposited in a suitable place in the office of the Municipal City Council, Municipal Town Council or District Council for public inspection.
(3)
(a)The expenditure of a local authority, during any financial year, shall not exceed the amount laid down in the estimate approved by the Minister for that year.
(b)Notwithstanding paragraph (a), a local authority may, subject to the approval of the Minister, amend the approved estimates.
[S. 85 amended by s. 17(2)(c) of Act 1 of 2015 w.e.f. 1 January 2016.]

86. Vote on account

(1)Subject to this section, where—
(a)a Municipal City Council, Municipal Town Council or District Council has failed to comply with section 88(2); or
(b)the Minister has not approved an estimate drawn up by a Municipal City Council, Municipal Town Council, or District Council,
the Minister may authorise the Municipal City Council, Municipal Town Council, or District Council to incur expenditure in respect of the financial year for which no estimate has been drawn up or approved, as the case may be, at a monthly rate which shall not exceed one twelfth, or such other fraction, as he may determine, of the approved estimates for the immediately preceding financial year.
(2)An authorisation under subsection (1) shall—
(a)be valid for such period as the Minister may determine; and
(b)lapse on the approval of the estimates of the authority under section 85(2).
(3)Any expenditure incurred under this section shall be deemed to have been incurred in anticipation of the approval of the Minister of an estimate under section 85(2).

87. Financial instructions

(1)The instructions described in the Capital Project Process Manual under the Finance and Audit Act and the financial instructions described in the Financial Management Manual for local authorities shall apply to every local authority, subject to such modifications, adaptations and exceptions as may be considered necessary or appropriate by the Minister to whom responsibility for the subject of finance is assigned.
(2)Every officer shall, in the performance of his duties, comply with the instructions referred to in subsection (1).
(3)Where an officer does not comply with any instructions referred to in subsection (1), the responsible officer may refer the matter to the Local Government Service Commission for disciplinary action.
[S. 87 amended by s. 17(2)(d) of Act 1 of 2015 w.e.f. 1 January 2015.]

B – Power to borrow by Municipal City Council, Municipal Town Council or District Council

88. Purposes for which money may be borrowed

(1)Subject to subsection (2), a Municipal City Council, Municipal Town Council or District Council may, with the approval of the Minister, borrow such sum as may be required for—
(a)acquiring any land or any immovable property which it may re­quire;
(b)erecting any building which it has power to erect;
(c)the execution of any permanent work, the provision of any plant or the doing of any other thing which it has power to execute, provide or do.
(2)Except with the Minister's approval—
(a)the total debt of a Municipal City Council, Municipal Town Council or District Council shall, at no time, exceed twice the amount of its revenue for the preceding financial year; and
(b)loan charges, inclusive of principal and interest, shall not, at any time, exceed 20 per cent of the total revenue of the Municipal City Council, Municipal Town Council or District Council for the financial year.

89. Modes of borrowing

(1)Subject to this section, a Municipal City Council, Municipal Town Council or District Council may borrow money—
(a)on the security of its revenues or other property, movable or immovable, or on any part thereof by mortgage or otherwise; or
(b)with the approval of the Minister, by way of debentures or bonds issued under this section.
(2)Any loan referred to in subsection (1)(b) shall be effected by means of an issue of debentures or bonds created, issued, transferred, dealt with and redeemed in such manner as may be specified in regulations made by the Municipal City Council, Municipal Town Council or District Council.
(3)Any regulations referred to in subsection (2) shall provide—
(a)for the discharge of any loan raised by means of debentures; and
(b)for the payment of interest on money secured by debentures or bonds.
(4)A Municipal City Council, Municipal Town Council or District Council may borrow, by way of temporary loan or overdraft from a bank or any other similar institution, any sum not exceeding 10 million rupees or such other sum as may prescribed by the Minister, which it may temporarily require for the purpose of defraying—
(a)expenses pending the receipt of revenues receivable by it in re­spect of the period of account in which these expenses are chargeable and taken into account in the estimates made by the Municipal City Council, Municipal Town Council or District Council for that period; or
(b)expenses, pending the raising of a loan which it has been author­ised to raise, intended to be defrayed by means of the loan.

90. Repayment of money borrowed

(1)A Municipal City Council, Municipal Town Council or District Council shall repay any sum borrowed by way of mortgage by equal yearly or halfyearly instalments of principal or of principal and interest combined or by means of a sinking fund.
(2)Unless otherwise directed by the Minister, the payment of the first in­stalment or the first payment to the sinking fund shall be made—
(a)in the case where the sum is repayable by half-yearly instal­ments, within 6 months; or
(b)in any other case, within 12 months,
from the date the sum was borrowed.
(3)Every sum borrowed shall, subject to subsections (1) and (2), be re­paid within such period as the Municipal City Council, Municipal Town Coun­cil or District Council may determine.

91. Balance of unutilised money

The balance of any money borrowed by a Municipal City Council, Munici­pal Town Council or District Council, and not required for the purpose for which the money was borrowed, may, with the approval of the Minister, and subject to such conditions as he may determine, be applied for the funding of any capital project.

92. Register of mortgages

(1)Every Chief Executive shall keep a register at the office of a Municipal City Council, Municipal Town Council or District Council in respect of mort­gages created for the purposes of section 89.
(2)The Chief Executive shall, within 14 days of the creation of a mort­gage, enter in the register—
(a)the number and date of the mortgage;
(b)the names and descriptions of the parties to it;
(c)the amount borrowed, as stated in the deed; and
(d)such further information as the Municipal City Council, Municipal Town Council or District Council may require.
(3)On production to the Chief Executive of the deed of mortgage, and—
(a)a duly executed deed of transfer of the mortgage;
(b)on the death of a person solely entitled to it or of the survivor of persons jointly entitled to it, of satisfactory evidence establishing who are the heirs or parties entitled to apprehend the estate and succession of the deceased; or
(c)in the case of a transmission of a mortgage otherwise than as specified in paragraphs (a) and (b), of satisfactory evidence of the transmission,
the Chief Executive shall, on payment of any sum fixed by the Municipal City Council, Municipal Town Council or District Council, enter in the register—
(i)the date of the transfer or transmission; and
(ii)the name and description of the person becoming entitled to the mortgage.
(4)Any change of name or address on the part of a person entitled to a mortgage shall forthwith be notified to the Chief Executive who, on being satisfied of the change, shall alter the register accordingly.
(5)The register shall, during office hours, be open to public inspection, free of charge.
(6)The Chief Executive, or any person having the custody of the regis­ter, who—
(a)refuses inspection of the register to any person; or
(b)refuses or wilfully neglects to make any entry in the register,
shall commit an offence.

93. Return to be submitted to Minister

(1)The appropriate Chief Executive shall, within one month of being so requested, submit to the Minister, a return showing the provisions made for the repayment of money borrowed by the Municipal City Council, a Munici­pal Town Council or a District Council.
(2)The return shall be certified by the appropriate Chief Executive and Financial Controller.

94. Powers of Minister in relation to return

(1)Where it appears to the Minister from any return made under section 93, or otherwise, that a Municipal City Council, a Municipal Town Council or a District Council has—
(a)failed to appropriate any sum required to be so appropriated for the repayment of any amount borrowed under this Act;
(b)failed to pay any instalment or annual payment required to be paid;
(c)failed to set apart any sum required for a sinking fund; or
(d)applied any portion of a sinking fund to a purpose other than that authorised,
he may issue a direction to the Municipal City Council, Municipal Town Council or District Council that any sum not exceeding the amount in respect of which default has been made, be paid or applied, in such manner and by such date as he may specify in the direction.
(2)Any Municipal City Council, Municipal Town Council or District Coun­cil to which a direction has been issued under subsection (1) shall, on com­pliance with the direction, forthwith notify the Minister accordingly.
(3)A direction issued under subsection (1) may be enforced, at the in­stance of the Minister, by an order issued by a Judge in Chambers.

C – Local rate

95. Levy of local rate by Municipal City Council or Municipal Town Council

(1)
(a)Subject to this section, an annual local rate may be levied on the owner of any immovable property situate in the rating area of a Municipal City Council or Municipal Town Council.
(b)No local rate shall be levied in respect of immovable properties specified in Part I of the Tenth Schedule.
(c)The Minister may prescribe that the local rate shall, in any finan­cial year, not be levied in respect of immovable properties specified in Part II of the Tenth Schedule.
(2)The local rate shall, unless the Municipal City Council or Municipal Town Council decides otherwise, be levied in respect of one full year corre­sponding with the financial year of the Council.
(3)
(a)The local rate levied shall be such percentage of the cadastral value of the immovable property as may be prescribed by the Municipal City Council or Municipal Town Council.
(b)Different percentages may be prescribed under paragraph (a) for immovable properties of different cadastral values or depending on whether they are used for residential, business, commercial or industrial purposes.
(4)For the purposes of this section, any immovable property, in respect of which the local rate is to be levied, shall be dealt with in such units as the valuer may determine.
(5)
(a)A Municipal City Council or Municipal Town Council may, subject to the approval of the Minister, remit the whole or part of the local rate pay­able by any person on account of poverty.
(b)The Minister may require a Municipal City Council or Municipal Town Council to submit a return showing the names of the persons to whom a remission has been granted under paragraph (a), the amount remitted and the reasons for the remission.
(6)Notwithstanding this Act, where the cadastral value of an immovable property is not determined, a general rate in respect of that immovable property shall, on the basis of its net annual value ascertained by the Valua­tion Department, be levied in such manner as may be prescribed until such time as the cadastral value of that immovable property is determined.
(7)A newly proclaimed Municipal Town Council shall not levy rates until the fourth financial year after its creation.
(8)Notwithstanding the repeal of the Local Government Act 1989, "net annual value" shall, for the purpose of this section, be ascertained in the manner specified in section 80(2) of that Act.
(9)Pursuant to subsection (6), the Minister may, in respect of general rate, make such regulations as he thinks fit.
(10)Any regulations made under subsection (9) may provide for—
(a)the manner by which the net annual value of an immovable property is ascertained by the Valuation Department;
(b)the levying and payment of general rate;
(c)the surcharge and interest for late payment of general rate;
(d)the recovery, collection and enforcement of general rate;
(e)anything connected, consequential or incidental thereto.
[S. 95 amended by s. 32(d) of Act 18 of 2016 w.e.f. 7 September 2016.]

96. Cadastral value

Subject to section 95(6), the annual local rate payable in respect of an immovable property shall be calculated by reference to the property's cadas­tral value.

97. Rate due and payable

(1)The local rate levied under section 95 shall, in respect of every financial year, be due on 1 July and shall, subject to subsection (2), be payable in 2 equal instalments, the first one on or before 31 July in that year and the se­cond one on or before 31 January next ensuing.
(2)A Chief Executive, may, on a written application being made to him before 1 July, authorise the local rate to be paid, without any surcharge, by bank standing order, in not more than 12 consecutive equal instalments dur­ing that financial year.
(3)The local rate shall be due and payable notwithstanding the fact that the ratepayer may not have received a claim for payment.
[S. 97 amended by s. 17(2)(e) of Act 1 of 2015 w.e.f. 1 January 2016.]

98. Notice for payment of local rate

(1)A notice for the payment of local rate shall specify—
(a)the location of the immovable property in respect of which the notice is issued and such description as may be reasonably nec­essary for the purpose of its identification;
(b)the period in respect of which the rate is payable;
(c)the value of the property;
(d)the percentage at which the rate is charged;
(e)the amount of rate payable; and
(f)any amount claimed by way of surcharge or interest for late payment.
(2)Service of any notice or other document relating to the ascertain­ment, levy and payment of the local rate and required to be served on the ratepayer shall be validly effected if—
(a)delivered personally to the person on whom it is to be served;
(b)left at or forwarded by post to his usual or last known place of residence and, in the case of a company or société, its registered office;
(c)delivered to a person of age, on the premises to which it relates or, where there is no such person on whom it can be so deliv­ered, posted on some conspicuous part of the premises; or
(d)without prejudice to paragraphs (a) to (c) where the property to which the notice or document relates is a place of business of the person on whom it is to be served, if left at or forwarded by regis­tered post addressed to the person at that place of business.
(3)The owner of any property shall give to the Municipal City Council or Municipal Town Council notice of any change—
(a)in ownership of the property; or
(b)in his residential or business address.
(4)Any person who fails to notify the Municipal City Council or Municipal Town Council of a change, as specified in subsection (3), within one month of the date on which it is so effected, shall commit an offence.
(5)Any notice or other document relating to the levy and payment of the local rate and required to be served on the owner of any premises, may be addressed by the description of "The Owner" of the premises (naming the premises) without further name or description.

99. Surcharge for late payment of local rate

(1)Where any local rate is not paid within the periods specified in section 97(1), the owner of the immovable property shall, subject to section 97(2), be liable to pay, in addition to the local rate, a surcharge repre­senting 10 per cent of the local rate remaining unpaid.
(2)Where, for any reason, an instalment payable in the manner specified in section 97(2) is not effected within the date it is due, the ratepayer shall be liable to pay, in addition to the sum so due, a surcharge of 10 per cent on the instalment which should have been paid.
(3)The date on which any surcharge has been added shall be clearly indicated in any notice relating to the payment of the local rate.
(4)The Municipal City Council or Municipal Town Council may grant to any ratepayer such time for payment as it thinks fit not exceeding 6 months where it is satisfied that the ratepayer is unable to pay the local rate and surcharge due otherwise than by instalments.

100. Interest

Where any sum due for local rate or surcharge is not paid in the financial year in which it becomes due and payable, it shall carry interest at the rate of 15 per cent per annum or such other rate as may be prescribed until such time as it is paid.

101. Recovery of local rate

(1)Subject to this section, every Financial Controller shall, within one year of the date on which the local rate becomes due, take action for the recovery of the rate by summary process under the Recovery of State Debts Act.
(2)Where an instalment payable under section 97(2) is not paid within 14 days of the date on which it falls due, the Financial Controller shall take action for the recovery of the instalment overdue together with any surcharge and the remaining instalments.
(3)The Financial Controller shall be held personally responsible for any failure, without reasonable excuse, to start proceedings for recovery of any sum due by summary process within the time provided for in subsection (1).
(4)Subject to subsection (5), all rates, fees and other charges of any kind due to a Municipal City Council, Municipal Town Council or District Council under this Act, shall be recoverable by summary process in the man­ner provided for by the Recovery of State Debts Act.
(5)Any act or thing which, under the Recovery of State Debts Act, is to be done or performed by the Accountant-General, shall, for the purposes of subsection (4), be done or performed by the appropriate Financial Controller,
(6)No other enactment relating to the limitation of action shall bar or af­fect any action or remedy for the recovery of any rates, fees and other charges payable under this Act.

102. Director-General to collect and enforce payment of local rate

(1)In this section and in sections 103 to 105, "Director-General" has the same meaning as in the Mauritius Revenue Authority Act.
(2)Notwithstanding section 97 and subject to this section, a Council may make a written request to the Director-General for the collection and enforcement on its behalf of local rate due to the Council.
(3)Where a written request is made under subsection (2), the Director-General shall exercise the powers conferred on him by the Mauritius Revenue Authority Act and the Income Tax Act, with such modifications, adaptations and exceptions as may be necessary to enable him to comply with the request.
(4)Notwithstanding subsection (2), every claim for local rate shall con­tinue to be made by the Council.
(5)A request under subsection (1) shall specify the financial year, or the 6 month period of the financial year, as may be mutually agreed between the Council and the Director-General, in respect of which the local rate is to be collected and enforced by the Director-General.

103. List of claims to be forwarded

(1)A Council which has made a request under section 102 shall, one month before the beginning of every financial year, forward to the Director-General, in electronic or such other form as may be mutually agreed, a list specifying, in respect of the coming financial year—
(a)the amount of local rate due and payable in respect of every immovable property;
(b)the address of each immovable property;
(c)the full name and address of the owner and occupier of the im­movable property; and
(d)such other information or particulars as may be required by the Director-General.
(2)The Council shall, not later than 15 days after the end of every month in a financial year, forward to the Director-General, in electronic or such other form, a list of the claims made during that month for the payment of local rate.
(3)The Council shall, 2 months after the end of a financial year, and of the first 6 months of a financial year, forward to the Director-General, in electronic or such other form, a list of the claims that have remained unpaid, specifying, in respect of each immovable property
(a)the amount of local rate and surcharge remaining unpaid and the period covered;
(b)the address of the immovable property;
(c)the full name and address of the owner and occupier of the im­movable property; and
(d)such other information or particulars as may be required by the Director-General.

104. Enforcement

Part XI and section 148 of the Income Tax Act shall apply to the local rate and surcharge with such modifications, adaptations and exceptions as may be necessary to enable the Director-General to comply with a request under section 102.

105. Director-General to remit amount collected

(1)
(a)Notwithstanding section 3(3) of the Mauritius Revenue Authority Act, any local rate including surcharge collected on behalf of a Council by the Director-General under sections 102(2) and 104 shall, subject to para­graph (b), be remitted, not later than 10 days after the end of every month of collection, by the Director-General to that Council.
(b)The Director-General shall, at the end of every financial year, re­tain from the amount referred to in paragraph (a) such administration fee as may be prescribed by regulations made by the Minister to whom responsibil­ity for the subject of finance is assigned.
(2)The Director-General shall, for the purpose of subsection (1), keep appropriate records to ascertain, in respect of every financial year and for each Council
(a)the amount of local rate, including surcharge claimed by the Council from every owner or occupier of an immovable property;
(b)the amount of local rate, including surcharge, paid by every owner or occupier of an immovable property;
(c)the amount of local rate, including surcharge, remitted by the Director-General to the Council;
(d)the amount of administration fee retained by the Director-General; and
(e)the amount unpaid by every owner or occupier of the immovable property as at the end of the financial year.
(3)A summary of the information recorded under subsection (2) shall be forwarded by the Director-General to the Council, not later than 10 days af­ter the end of every month.

CA – General rate under section 95(6)

[Heading inserted by s. 15(b) of Act 26 of 2012 w.e.f. 22 December 2012.]

105A. Levy of general rate by Municipal City Council or Municipal Town Council

(1)Subject to subsection (4), where the owner of any immovable prop­erty situate in a rating area of a Municipal City Council or Municipal Town Council has not received a claim for payment of general rate in respect of the financial year 2013, the owner shall, not later than 31 March 2013, make a written declaration in a form approved by the Municipal City Council or Mu­nicipal Town Council, as the case may be, and at the same, time pay the amount of general rate calculated in accordance with the formula referred to in subsection (2)—
(a)in one instalment, not later than 31 March 2013;
(b)in 2 equal instalments, the first one on or before 31 March 2013 and the second one on or before 30 September 2013; or
(c)without any surcharge, by bank standing order, in not more than 12 consecutive equal instalments during the year 2013.
(2)The formula shall be—x = a x b x cWhere—
xis the amount of general rate payable;
ais the floor area in square metres of the immovable property with a building thereon, or is the area of the land in square metres where there is no building thereon;
bis the multiplication factor in rupees as specified in the form of declaration; and
cis the percentage at which the general rate is charged as specified in the form of declaration.
(3)The multiplication factor referred to in subsection (2) shall be deter­mined by the Chief Government Valuer not later than 31 January 2013, tak­ing into account, in respect of the immovable property, its location and whether it is residential, commercial, industrial or bare land.
(4)This Sub-part shall apply to every financial year subsequent to 2013, until such time as the Municipal City Council or Municipal Town Council so determines and section 97(1) and (2) shall apply to the general rate in re­spect of every such financial year as they would apply to local rate.
(5)Where the owner of an immovable property fails to make a declara­tion and pay the general rate in accordance with subsection (1), section 99 shall apply to the general rate as it would apply to local rate.
(6)For the purpose of this section, an immovable property with a build­ing thereon shall be deemed to be occupied on the date when it is serviced with electricity as from such periods as may be prescribed.
[S. 105A inserted by s. 15(b) of Act 26 of 2012 w.e.f. 22 December 2012.]

105B. Determination of net annual value of immovable property

(1)On receipt of a declaration referred to in section 105A(1), the Chief Executive shall, within 30 days of the date of receipt, forward the declara­tion to the Chief Government Valuer for the determination of the net annual value of the immovable property.
(2)The Chief Government Valuer shall, on receipt of the declaration referred to in subsection (1), determine the net annual value of the immova­ble property and shall, as soon as practicable but not later than 6 months of the date of receipt, communicate the net annual value as determined to the Chief Executive, in such form and manner as may be mutually agreed.
(3)Section 110 shall apply to the general rate as it would apply to local rate.
[S. 105B inserted by s. 15(b) of Act 26 of 2012 w.e.f. 22 December 2012; amended by s. 32(e) of Act 18 of 2016 w.e.f. 7 September 2016.]

105C. Refund of general rate

Where the amount of the general rate declared and paid by the owner of an immovable property under section 105A(1) exceeds the amount of general rate based on the net annual value determined under section 105B, the excess amount together with interest at legal rate shall be refunded to the owner by the Chief Executive within one month of the date of the communication referred to in section 105B (2).[S. 105C inserted by s. 15(b) of Act 26 of 2012 w.e.f. 22 December 2012; amended by s. 32(f) of Act 18 of 2016 w.e.f. 7 September 2016.]

105D. Amount of general rate in respect of financial year 1 July 2016 to 30 June 2017 and onwards

(1)The amount of general rate based on the net annual value determined under section 105B shall be the amount of the general rate payable in respect of the financial year starting on 1 July and ending on 30 June 2017 and subsequent financial year, until such time as the cadastral value under section 96 comes into force, unless there are additions to the building or a new building is constructed on the bare land, in which case section 120(2) shall apply.
(2)The general rate for the period 1 January to 31 December 2015 and for the period 1 January to 30 June 2016 shall be levied in accordance with sections 105A and 105C.
(3)The general rate for the period 1 January to 30 June 2016 shall be payable in one sum not later than 31 January 2016.
[S. 105D inserted by s. 15(b) of Act 26 of 2012 w.e.f. 22 December 2012; amended by s. 17(2)(f) of Act 1 of 2015 w.e.f. 1 January 2016; s. 32(f) of Act 18 of 2016 w.e.f. 7 September 2016.]

D – Cadastral database and valuation

106. Cadastral database

(1)Every Municipal City Council, Municipal Town Council and District Council shall keep and maintain a cadastral database of all immovable prop­erties situate in the administrative area of the Council, which shall consist of the entries specified in subsection (2), kept and maintained on computer or such other electronic device at the office of the Chief Executive.
(2)The entries refered to in subsection (1) shall include, in respect of each immovable property
(a)the full name and address of its owner;
(b)a brief description of the immovable property, including particu­lars of transcription, extent of land, area of building in square metres and its location including the street name;
(c)an indication as to whether the building is for residential, busi­ness, commercial or industrial purposes;
(d)the net annual value;
(e)where, at 15 December 2011, an immovable property does not appear on the cadastral list under the repealed Local Government Act, its annual value under that repealed enactment as ascer­tained by the local authority;
(f)the cadastral value of the immovable property as determined by the valuer; and
(g)such other particulars as Chief Executive may require.
(3)The owner of an immovable property shall forthwith notify the Municipal City Council, Municipal Town Council and District Council in writ­ing, on such form as may be presented, of any addition, improvement or alteration made to the property.
(4)On receipt of a notification under subsection (3), the Chief Executive shall cause an appropriate entry to be made in the cadastral database.
(5)Subject to subsection (6), any person may, on payment of such fee, and on such conditions as may be prescribed, have access to the cadastral database.
(6)Any Ministry, Government Department or local authority shall be exempt from the payment of the fees specified in subsection (5).

107. Declaration of particulars of premises

(1)For the purpose of keeping and maintaining a cadastral database, a Chief Executive may—
(a)on receipt of a notification under section 106(3);
(b)from information obtained from the Permits and Business Moni­toring Committee;
(c)from the regular survey of immovable properties carried out by the Municipal City Council, Municipal Town Council and District Council; and
(d)on the basis of information relating to immovable properties obtained from any other source,
cause to be served on the owner of any premises in the setting area, a notice requiring the owner to make a declaration containing such particulars as he may reasonably require.
(2)Every person on whom a notice is served under subsection (1) shall, within 21 days of the service of the notice, make the declaration in such form as is required in the notice and deliver it in the manner so required to the Chief Executive.

108. Ascertainment of value of immovable property

(1)Every Chief Executive shall cause to be retrieved from the digital cadastral database kept and maintained under section 4 of the Cadastral Survey Act, the values of the immovable properties situated in the rating ar­ea of the appropriate local authority as ascertained by the valuer.
(2)On receipt of the value of an immovable property under subsec­tion (1), every Financial Controller shall forthwith—
(a)cause the appropriate entries to be made in the cadastral data­base; and
(b)notify the ratepayer of the amount of local rate payable in the manner specified in section 98.

E – Valuation Tribunal

109. Establishment of Valuation Tribunal

(1)The Valuation Tribunal established under section 90 of the repealed Local Government Act shall be deemed to be established under this Act.
(2)The Valuation Tribunal shall consist of—
(a)a Chairperson who shall be a barrister holding or having held ju­dicial office, and who shall be appointed for a term of 3 years by the President, after consultation with the Judicial and Legal Ser­vice Commission; and
(b)2 other persons to be appointed for a term of 3 years by the President, on the recommendation of the Minister.
(3)The President, acting on the recommendation of the Minister, may re­voke the appointment of the Chairperson or member of the Tribunal.

110. Appeal to Tribunal

(1)Subject to subsection (2), any ratepayer who is aggrieved by a notifi­cation under section 98 may, within 28 days of the date of the notice, lodge a written notice of appeal against the valuation with the Secretary of the Tribunal, stating the grounds of the appeal.
(2)Where a ratepayer has failed to appeal to the Tribunal within the time specified in subsection (1), and the Tribunal is satisfied that his failure was due to illness or other reasonable cause, the Tribunal may, subject to subsec­tion (3) and to such condition as it thinks fit to impose, hear an appeal lodged outside the prescribed time limit.
(3)Notwithstanding an appeal under this section, the ratepayer shall pay the amount of local rate specified in the notice under section 98 within the time specified therein, and that amount shall be recoverable under section 101.

110A. Objection to assessment before Tribunal

Notwithstanding section 110, any person aggrieved by any assessment made in respect of general rate may, within 14 days of receiving the notifica­tion of the assessment, lodge an objection to the assessment before the Tri­bunal.[S. 110A inserted by s. 32 (g) of Act 18 of 2016 w.e.f. 7 September 2016.]

111. Proceedings of Tribunal

(1)The Tribunal shall sit at such place and at such time as the Chairper­son of the Tribunal may decide.
(2)Where the Tribunal adjourns any proceedings, it may resume them at such place and at such time as the Chairperson of the Tribunal may deter­mine.
(3)The Tribunal shall, subject to such regulations as may be made by the Minister, regulate its proceedings and shall—
(a)sit in public;
(b)make such orders it considers necessary to secure the attend­ance of persons and the production of articles or documents;
(c)take evidence on oath and shall, for that purpose, have power to administer oaths.
(4)Any person who—
(a)fails to attend a sitting of the Tribunal after having been required to do so under subsection (3);
(b)refuses to take an oath before the Tribunal; or
(c)after taking the oath, fails to answer fully and sincerely to the best of his knowledge and belief any question lawfully put to him or to produce any article or document when required to do so by the Tribunal,
shall commit an offence.

112. Determination of Tribunal

(1)On the hearing of an appeal, the Tribunal may confirm, amend or cancel the decision of the municipal city or municipal town council.
(2)Where there is a disagreement among the members of the Tribunal, the decision of the majority of the members shall be the determination of the Tribunal.
(3)Subject to section 114, a determination of the Tribunal shall be final and binding on the parties.

113. Agreement between appellant and Municipal City Council or Municipal Town Council

Where, pending determination of an appeal by the Tribunal, a written agreement is reached between the appellant and the Municipal City Council or Municipal Town Council regarding the valuation of the immovable property of the appellant, the agreement shall be to be deemed a determination of the Tribunal.

114. Appeal to Supreme Court

(1)Any party who is dissatisfied with a determination of the Tribunal as being erroneous in law may, within 21 days of the determination, by notice in writing, appeal to the Supreme Court against the determination.
(2)An appeal under this section shall be prosecuted in the manner provided for an appeal under the District and Intermediate Courts (Civil Juris­diction) Act.

F – Permits and licences

115. Permits and Business Monitoring Committee

(1)For the purpose of this Sub-part, there shall be, in every Municipal City Council, Municipal Town Council or District Council, a Committee to be known as the Permits and Business Monitoring Committee, which shall consist of—
(a)
(i)the Lord Mayor or Deputy Lord Mayor;
(ii)the Mayor or Deputy Mayor; or
(iii)the Chairperson or Vice-chairperson of a district council,
who shall be the chairperson;
(b)4 councillors, to be designated by the chairperson;
(c)the Chief Executive; and
(d)the heads of the Land Use and Planning, Public Infrastructure and Public Health Departments of the local authority.
(1A)Where any person referred to in subsection (1)(c) or (d) is unable to attend a meeting of the Committee, he shall designate a senior officer to be his alternate representative at the meeting, with written authority to act as required.
(2)The Chief Executive shall designate an officer to act as Secretary to the Committee.
(3)The Committee shall—
(a)meet as often as is necessary and at such time and place as the chairperson of the Committee may decide;
(b)exercise the powers conferred on it by this Sub-part;
(c)issue guidelines to assist persons wishing to make an application under this Sub-part and enable them to understand its planning system; and
(d)regulate its meetings in such manner as it may determine.
(4)Notwithstanding sections 23 and 33, the term of office of—
(a)the chairperson of the Permits and Business Monitoring Commit­tee shall begin on the day the Lord Mayor, Mayor or Chairperson of the District Council is elected, and shall continue until his successor is elected; and
(b)the Councillors of the Permits and Business Monitoring Commit­tee shall begin on the day they are designated by the chairperson of the Permits and Business Monitoring Committee and shall continue in office until the election of a new Lord Mayor, Mayor or Chairperson of the District Council.
[S. 115 amended by s. 32(h) of Act 18 of 2016 w.e.f. 7 September 2016.]

116. Technical Committee

There shall be set up, in the Municipal City Council of Port Louis, a com­mittee to be known as the Technical Committee which shall consist of—
(a)the officer in charge of the Planning Department of the Municipal City Council of Port Louis or his representative, as chairperson;
(b)a representative of the Ministry responsible for the subject of arts and culture;
(c)a representative of the Ministry responsible for the subject of environment;
(d)a representative of the Ministry responsible for the subject of land use planning;
(e)a representative of the Ministry responsible for the subject of public infrastructure;
(f)a representative of the Ministry responsible for the subject of tourism;
(g)a representative of the National Heritage Fund;
(h)a representative of the Aapravasi Ghat Trust Fund;
(i)a representative of the Mauritius Ports Authority; and
(j)the officer in charge of the Works Department of the Municipal City Council of Port Louis or his representative.

117. Application for Building and Land Use Permit

(1)The authority for execution and enforcement of the Building Control Act and Town and Country Planning Act shall be the Municipal City Council, Municipal Town Council or District Council of the respective city, town or district where the relevant building, structure or tenement is to be found or where the land is to be developed.
(2)Every person who intends to—
(a)commence the construction or demolition of a building, or effect extensive alterations, additions or repairs to an existing building;
(b)carry out development of land; or
(c)carry out development, including demolition of a building, in the Buffer Zones,
shall apply to the Municipal City Council, Municipal Town Council or District Council, as the case may be, for an Outline Planning Permission or a Building and Land use Permit.
(2A)Subsection (2) shall not apply to a person who intends to carry out such classified trade as may be prescribed.
(3)Every application for a Building and Land Use Permit shall be in accordance with guidelines issued under—
(a)the Building Control Act;
(b)the Town and Country Planning Act;
(c)the Planning and Development Act;
(d)the Environment Protection Act; and
(e)the Mauritius Fire and Rescue Service Act.
(3A)A local authority having access to the Central Business Registration Database (CBRD) under the Business Registration Act and to the Central Population Database under the Civil Status Act shall not require an applicant to submit or produce his National Identity Card or, where the applicant is a company, its certificate of incorporation.
(4)
(a)The Chief Executive shall, pursuant to an application made under subsection (2) or under section 6A of the Town and Country Planning Act, forward the application to—
(i)the Permits and Business Monitoring Committee; and
(ii)the Ministry responsible for the subject of health, the Central Electricity Board, the Central Water Authority, the Mauritius Fire and Rescue Service, the Waste Water Management Authority or such other authority as may be prescribed, in case a clearance is required from any of those authorities to process the application and collect and transfer, in such manner as may be prescribed, such fees as may be applicable.
(b)Where an application under paragraph (a) is made in respect of a building, or land found in the Buffer Zones, it shall be forwarded by the Permits and Business Monitoring Committee to the Technical Committee.
(c)The Technical Committee shall assess every application forwarded under paragraph (b) and submit its recommendations to the Permits and Busi­ness Monitoring Committee.
(d)The Technical Committee shall, in assessing an application under paragraph (c), refer to the provisions of the Aapravasi Ghat Trust Fund Act, the Building Control Act, the Planning and Development Act, the Town and Country Planning Act, and any planning policy guidance and guidelines is­sued under those Acts.
(5)On receipt of an application under subsection (4), the Chief Executive of the Municipal City Council, Municipal Town Council or District Council or his representative shall—
(a)not later than 8 working days from the date of receipt, seek from the applicant any additional information, particulars or documents in relation thereto; and
(b)on the effective date, issue to the applicant an acknowledge­ment receipt in respect of the application.
(6)The Permits and Business Monitoring Committee shall process every application for an Outline Planning Permission or a Building and Land Use Permit, having regard to the provisions of the Building Control Act, the Mau­ritius Fire and Rescue Service Act, the Planning and Development Act and the Town and Country Planning Act and any guidelines issued under those Acts.
(6A)
(a)An authority referred to in subsection (4)(a)(ii) shall, within 5 working days of receipt of the application from the Chief Executive, give its clearance.
(b)Where the authority fails to give its clearance within the time specified in paragraph (a), the clearance shall be taken to have been ob­tained.
(6B)The Permits and Business Monitoring Committee may, in the course of the processing of an application under subsection (6), request the applicant to attend a meeting of the Committee, within the time limit referred to in subsection (7) or (8), as the case may be, for the purpose of giving such clarification or explanation relating to the application as the Committee may determine.
(7)With the exception of an application under subsection (8) and subject to subsections (9) and (10), the Permits and Business Monitoring Committee shall, within 14 working days of the effective date of receipt of the applica­tion—
(a)issue to the applicant an Outline Planning Permission or a Building and Land Use Permit, as the case may be, where it is satisfied—
(i)that the application is in accordance with the Acts and the guidelines referred to in subsection (6); and
(ii)in the case of an application for a Building and Land Use Permit relating to a scheduled undertaking, that there is, in relation to that undertaking, an approved preliminary envi­ronmental report or EIA licence under the Environment Protection Act; or
(b)notify the applicant, in writing, that the application has not been approved and give the reasons thereof.
(8)Subject to subsection (9), where an application for an Outline Planning Permission or a Building and Land Use Permit is made by a microenterprise or small enterprise registered under the Small and Medium Enterprises Devel­opment Authority Act, the Permits and Business Monitoring Committee shall, within 3 working days of the effective date of receipt of the application—
(a)issue to the applicant an Outline Planning Permission or a Build­ing and Land Use Permit where it is satisfied—
(i)that the application is in accordance with the Acts and the guidelines referred to in subsection (6); and
(ii)in the case of an application relating to an undertaking, that there is, in relation to that undertaking, an approved preliminary environmental report or EIA licence under the Environment Protection Act; or
(b)notify the applicant in writing that the application has not been approved and give the reasons thereof.
(9)Except with the approval of the Minister, no Outline Planning Permis­sion or Building and Land Use Permit shall be issued for any development of land, construction of a building or extensive alterations, or additions or repairs to an existing building for use as a place of public worship.
(10)
(a)Every Outline Planning Permission or Building and Land Use Permit shall be issued subject to such conditions as the Municipal City Council, Municipal Town Council or District Council may determine and on payment of such fee as may be prescribed by regulations made by the Council.
(b)A Municipal City Council, Municipal Town Council or District Council may, subject to the approval of the Minister, remit the whole or part of the fee payable referred to in paragraph (a) in respect of construction of immovable property specified in Part II of the Tenth Schedule.
(11)