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LOCAL GOVERNMENT ACT 1989
THE LOCAL GOVERNMENT ACT 1989
Act 48/1989

ARRANGEMENT OF SECTIONS

PRELIMINARY

1
Short title
2
Interpretation

PART I – CONSTITUTION AND ELECTIONS

3
The local authorities
4
The municipal council
5
The district council
6
The village council
7
Division of towns into electoral wards
8
Election of municipal councillors
9
Term of office of municipal councillors
10
Oath to be taken by municipal councillors
11
First sitting of municipal councillors
12
Election of mayor and deputy mayor
13
Powers of the deputy mayor and the substitute mayor
14
Remuneration of mayors
15
District councils
16
[Repealed 30/92] 17
Election of district councillors
18
Election of chairman of district councils
19
Remuneration of district councillors
20
Term of office of district councillors
21
Revocation of chairman of district council
22
Village councils
23
Village councillors
24
The chairman of village councils
25
Suspension of village councils
26
[Repealed 30/92] 27
Qualifications of electors for municipal elections
28
Qualifications of electors for village council elections
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LOCAL GOVERNMENT ACT 1989
29 Disqualifications of electors

PART II – GENERAL PROVISIONS – MEMBERS AND MEETINGS FILLING
OF
VACANCIES

30
Qualifications of local authority councillors
31
Multiple candidature unlawful
32
Acts done by unqualified persons
33
Vacation of office by resignation
34
Vacation of office in other cases
35
Declaration of vacancy in office
36
Date of casual vacancies
36A
Casual vacancies among mayors and chairmen
37
Casual vacancies among councillors
38
Vacancy within 12 months of election
39
Acts not invalidated by vacancy
40
Meetings and proceedings of local authorities
41
Disability because of interest
42
Proceedings in respect of qualifications
43
Limitation of actions
44
Privilege of councillors
45
Protection of councillors against outrage

PART III – COMMITTEES AND JOINT COMMITTEES

46
Appointment of committees
47
Appointment of joint committees
48
Expenses and accounts of joint committees
49
Disqualification for membership of committees
50
Voting disability of committee member

PART IV – SERVICES OF LOCAL AUTHORITIES

51
Duties of municipal and district councils
52
Duties of village councils
53
Sanitation in Port Louis
54
Abatement of nuisance
55
Thoroughfares on private property
56
Powers of urban authorities beyond town
57
–
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LOCAL GOVERNMENT ACT 1989
58 Night soil, lighting and electric energy
59
Repealed
60
Markets and fairs
61
Occupation of stalls inside markets
62
Sale of articles outside markets

PART V – OFFICERS

63
Employees of local authorities
64
Powers of inspectors
65
Vacancies
66
Security to be given by officers
67
Accountability of officers
68
Councillors not to be officers
69
Protection of officers of local authority
70
Disciplinary action against chief executive

PART VI – FINANCE

71
Grants to local authorities
72
Local Government Finance Board
73
Interpretation for purpose of Part VI
74
General rate
75
–
76
Rate due and payable
77
Fixing of rates
78
Making of valuation lists
79
Returns
80
Gross and net annual value
81
Alteration of valuation lists
82
Proceedings on proposals
83
Alteration made under proposals
84
Rate to be levied notwithstanding appeal
85
Clerical and arithmetical errors
86
Notice regarding general rate
87
Service of notices
88
Inspection of documents
89
Power of entry
90
Constitution of Valuation Tribunal
91
Sittings of the Valuation Tribunal
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LOCAL GOVERNMENT ACT 1989
92 Decisions of Valuation Tribunal
93
Statement of case for Supreme Court
94
Tenant’s tax
95
Returns
96
Oral evidence to prove occupation
97
Government exempted from tenant’s tax
98
Collection of tax
99
Publication of regulations
100
Levies and licences
101
Payment of fees and surcharge
102
General rate fund
103
Payments to and out of general rate fund
104
Capital and other funds
105
Annual estimates
106
Vote on account

PART IX – ALTERATION OF LOCAL

107
District council fund
108
Allocation of funds
109
Estimates of district council
110
Assessment of premises
111
Establishment of village council fund
112
Estimates of village council
113
Privilege in regard to rates and taxes
114
Recovery by summary process
115
Application of sections
116
Purposes for which money may be borrowed
117
Period of repayment of money borrowed
118
Modes of borrowing
119
Return to Minister
120
Powers of Minister in relation to return
121
Balance of unutilised money
122
Register of mortgages
123
Debenture regulations
124
Repayment of money borrowed on mortgage
125
Temporary loans and overdrafts
126
Loans to employees
127
Keeping of accounts
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LOCAL GOVERNMENT ACT 1989
128 Accounts to be made and audited yearly
129
Accounts of local authorities
130
Deposit of accounts
131
Production of documents
132
Right of objection
133
Report on accounts
134
Publication of audited accounts
135
Powers of Minister
136
Recovery of sums certified to be due
137
Inspection of books, accounts and vouchers
138
Abandonment of revenue proceedings
139
Returns to be furnished by local authority

PART VII – REGULATIONS

140
Regulations by Minister
141
Regulations by municipal and district councils
142
Fines for offences against regulations
143
Regulations by village councils
144
Regulations for local authorities

PART VIII – DEALINGS IN LAND

145
State lands in Port Louis
146
Power to acquire land by agreement
147
Acquisition of land in advance
148
Power to appropriate land
149
Power to sell or exchange land
150
Use of capital money
151
Lease granted by local authority

PART IX – ALTERATION OF LOCAL GOVERNMENT ADMINISTRATIVE AREAS

152
Alteration of existing areas
153
Creation of new areas
154
Power to change name of town or village
l55
Supplementary provisions for new area
156
Amendment of schedules by Proclamation

PART X – MISCELLANEOUS
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LOCAL GOVERNMENT ACT 1989

156A
Control of waste
157
Contracts of local authorities
158
Local Authorities Tender Board
159
Registration of contracts
160
Local authorities and legal proceedings
161
Acceptance of gifts or properties
162
Provisions applicable to declared villages
163
[Repealed] 164
Penalties and their recovery
165
Custody of documents
166
Deposit of documents
167
Production of documents at trial
168
Inspection of books and documents
169
Service of documents
170
Execution of documents
171
Names of public places
172
Offences
173
Variation of dates
174
Saving
175 –

First Schedule – Boundaries

Second Schedule – Number of councillors

Third Schedule – Oath

Fourth Schedule – Meetings and

Fifth Schedule – Urban authority powers

Sixth Schedule -Annual value

Seventh Schedule – Inspectors powers

Eighth Schedule – Licensed activities and permits

To amend and consolidate the law on local government

1. Short title
This Act may be cited as the Local Government Act 1989.

2. Interpretation
In this Act –
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LOCAL GOVERNMENT ACT 1989
“Chief executive” means-
(a)
in relation to a town; the Town Clerk; and
(b)
in relation to a district council and a village council within the admin
istrative
area of that district council, the Secretary of the District Council;

“Commission” has the same meaning as in the Local Government Service
Commission
Act 1975;
“disposal”, in relation to waste, includes the sorting, carriage, tra
nsportation, treatment,
storage and tipping above or under ground, and the transportation operat
ions necessary
for its recovery, re-use or recycling;
“disposal site” means a disposal site designated under section 156
A (6);
“district”, in relation to the setting up of a district council, mean
s any area which is declared
by Proclamation to be a district council;
“district council” has the meaning assigned to it by section 15;
“elector” means a person registered as a local government elector in
the
register of electors in accordance with the Representation of the People
Act;
“Environment Coordination Committee” means the Environment Coordin
ation Committee
established under the Environment Protection Act;
“financial year” means a period beginning on 1 July in any year and e
nding on 30 June in
the following year;
“general rate” means the rate levied under section 74;

“land” means immovable property;
“local authority” means the council of a town, district or village;
“main roads” means the roads designated and classified by regulations ma
de under
section 3 (2) of the Roads Act;
“member”, in relation to a local authority, means councillor,
“Minister” means the Minister to whom responsibility for local govern
ment matters is
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LOCAL GOVERNMENT ACT 1989
assigned;
“motorways” means the motorways designated and classified by regulati
ons made under
section 3 (2) of the Roads Act;
“municipal council’ has the meaning assigned to it by section 4;
“Permanent Secretary” means the Permanent Secretary of the Ministry o
f Local
Government or any person designated in writing by him;
“public beach” Repealed by [
Act No. 7 of 2002]

“road” means any highway and other road to which the public has ac
cess and any public
place to which vehicles have access and includes any bridge, ford, culve
rt or other work in
the line of such road;
“rural road” has the meaning assigned to it by section 3 (4) of the
Roads Act;
“Sanitary Authority” has the same meaning as in section 3 of the Publ
ic Health Act;
“senior councilor” has the meaning assigned to it by section 11;
“tenant” does not include a sub-tenant;

“tenant’s tax” has the meaning assigned to it by section 94;
“town” means any town, the name and boundaries of which are specif
ied in the First
Schedule, or any town created under section 153;
“treasurer” means the officer in charge of the Finance Department;
“Tribunal” means the Valuation Tribunal established by section 90;

“urban authority” means the municipal council of any town;
“urban road” has the meaning assigned to it by section 3 (3) of the
Roads Act;
“valuation officer” means an officer of the Valuation Office desig
nated by the Chief
Government Valuer;
“village” means any inhabited area which by Proclamation is declared
to be a village;
“village council” has the meaning assigned to it by section 22;

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LOCAL GOVERNMENT ACT 1989
“waste” means solid waste other than hazardous waste, clinical waste
and pharmaceutical
waste;
Amended by [
Act No. 34 of 1991]; [ Act No. 30 of 1992]; {Act No. 7 of 2002];

PART I – CONSTITUTION AND ELECTIONS

3. The local authorities
(1) The towns, districts and villages of Mauritius shall be adm
inistered, for the
purposes of local government, by the local authorities.
(2) The local authorities shall be the municipal councils, the
district councils and
the village councils.

(3) Every local authority shall be a body corporate.

4. The municipal council
(1) A municipal council shall –
(a) administer the town in respect of which it is set up;
(b) consist of such number of councillors as is specified in the Secon
d
Schedule.
(2) All municipal councillors shall be elected in accordance wi
th the
Representation of the People Act.
(3) The corporate name of a municipal council shall be formed b
y adding to the
words “The Municipal Council”, the name of the town concerned.

5. The district council
(1) A district council shall –
(a) administer the district in respect of which it is set up;
(b) consist of such number of councillors as is specified in the Secon
d
Schedule.
(2) All district councillors shall be elected in accordance wit
h the provisions of
section 17.
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LOCAL GOVERNMENT ACT 1989
(3) The corporate name of a District Council shall consist of t
he name of the
district between the word “the” and the words “District Council”.
Amended by [
Act No. 30 of 1992]

6. The village councils
(1) A village council shall –
(a)
administer the villages in respect of which it is set up;
(b)
consist of 12 councillors.
(2) The village councillors shall be elected in accordance with
the
Representation of the People Act.
(3) Where the number of elected village councillors falls below
12 the Minister
may nominate such number of persons to be councillors as will bring the
number to
12.
(4) The corporate name of a village council shall consist of th
e name of the
village between the word “the” and the words “Village Council”.

7. Division of towns into electoral wards
(1) The President may, by order and on receipt of proposals fro
m any urban
authority or upon the recommendation of the Minister, provide for –
(a)
the division of a town into a specified number of electoral wards; and
(b) fixing the number of councillors for each ward.
(2) The boundaries of every electoral ward shall be determined
by the President
after an inquiry to be held in such manner as he may decide.
(3) The Minister shall cause a notice of inquiry to be publishe
d in the Gazette.
(4) Following an inquiry, the President shall cause a draft Ord
er to be prepared
setting out the proposed boundaries of an electoral ward.
(5) The draft Order specified in subsection (4) shall –
(a)
be published by the Minister in 2 or more daily newspapers;
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LOCAL GOVERNMENT ACT 1989
(b)
be open to inspection at such place as may be specified.
(6) Every person who wishes to make any representations on the
boundaries
proposed in the draft Order may do so within 6 weeks, in such manner and
at such
place as may be specified.
(7) The President shall, by Order, after the period specified i
n subsection (6) and
after considering any representations made, confirm the boundaries propo
sed in the
draft Order or fix them with such modifications as he may determine.
Amended by [
Act No. 48 of 1991]

8. Election of municipal councillors
(1) Subject to the Representation of the People Act, an electio
n of municipal
councillors shall be held in October 1991 and thereafter in the same mon
th every
five years on such date as shall be fixed by the President.
(2) Where a town has been divided into electoral wards, a separ
ate election
shall beheld in respect of each ward.
(3) There shall be returned in respect of each town or electora
l ward, the
number of councillors specified in the Second Schedule or in the Order o
f the
President made under section 7, as the case may be.
Amended by [
Act No. 48 of 1991]

9. Term office of municipal councillors
Subject to the provisions of this Act –
(a) the term of office of elected municipal councillors shall b
egin on the day
following the day on which such councillors are returned;
(b) the term of office of councillors appointed under section (
38) shall begin on
the date of their appointment; and
(c) the term of office of councillors shall terminate on the da
y immediately
preceding nomination day at a general election for the election of counc
illors.

10. Oath to be taken by municipal councillors
(1) Subject to subsection (2), every elected municipal counci
llor shall before
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LOCAL GOVERNMENT ACT 1989
taking his seat at the municipal council, take and subscribe the oath sp
ecified in the
Third Schedule.
(2) The oath shall be taken and subscribed at a public sitting
of the municipal
council.
(3) The councillors who are present at the public sitting speci
fied in subsection
(2) shall take the oath in alphabetical order of their surnames.

(4) The seat of a councillor shall become vacant-
(a) upon his refusal to take and subscribe the oath specified in subse
ction (1);
or
(b) at the expiry of 4 weeks of his election if he fails to take the o
ath within that
time.
(5) Every councillor who wilfully refuses to take and subscribe
the oath required
to betaken or fails to do so within 4 weeks of his election, shall commi
t an offence
and shall, on conviction, be liable to pay a fine which shall not be les
s than Rs 1,000
nor more than Rs 5,000.

11. First sitting of municipal councillors
(1) The Chief Executive shall, immediately after the general mu
nicipal election,
convene a meeting of the councillors who have been returned.
(2) The first meeting of the councillors shall take place betwe
en the third day
and the seventh day of their election.
(3) The meeting shall be presided by the senior councillor.
(4) The councillors who are present at the meeting shall appoin
t, by election,
two councillors to be mayor and deputy mayor respectively.
(5) Where there is an equality of votes, a selection for appoin
tment shall be
made by drawing of lots.
(6) Where no appointment is made within the time specified in s
ubsection (2),
the President may make the appointment in such manner as he deems fit.
(7) The mayor and deputy may or shall, within the five days fol
lowing
immediately upon their appointment, take the oath of allegiance and the
official oath
specified in the Oaths Act.
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LOCAL GOVERNMENT ACT 1989
(8) The retiring mayor and deputy mayor shall continue in offic
e until their
successors have taken the necessary oaths.
(9) (a) For the purpose of this section, the senior councillor sha
ll be –
(i) subject to the other provisions of this subsection, the councillor

present who has obtained the highest percentage of votes at the last
election of municipal councillors;
(ii) where more than one among the councillors present have obtained
the highest percentage of votes at the election, the one among such
councillors whose name is drawn by lot at the meeting by the chief
Executive;
(iii) where there has been no poll at such election in respect of the
urban
authority concerned, or in case there is among the councillors present n
o
elected councillor, the councillor whose name is drawn by lot at the
meeting by the chief executive;
(iv) where there has been no poll in one or more of the wards of the t
own
concerned at such election, the one among the councillor or councillors
present having obtained the highest percentage of votes of such election

and the councillors present returned in respect of the other ward or
wards whose name is drawn by lot at the meeting by the town clerk.
(b) For the purposes of this subsection, the percentage of votes obtai
ned by a
councillor at a municipal election shall be the figure obtained in divid
ing the
number of votes secured by that councillor at the election by the total
number
of valid votes cast in the ward in which he stood for election.
Amended by [
Act No. 48 of 1991]; [ Act No. 30 of 1992]

12. Election of Mayor and Deputy Mayor
(1) Between 21 and 24 November in any year other than a year in
which the
general election is held, every urban authority, at a special meeting he
ld for that
purpose and convened by the chief executive, shall appoint by election,
2 councillors
to be mayor and deputy mayor respectively.
(2) The meeting shall be presided by the retiring mayor or, in
his absence, the
deputy mayor, or in the absence of both of them, a councillor elected as
chairman of
the day by the councillors present at the meeting.

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LOCAL GOVERNMENT ACT 1989
(3) Where there is equality of votes, a selection for appointme
nt shall be made
by drawing of lots.
(4) Where no appointment is made within the time specified in s
ubsection (1),
the President may make the appointments in such manner as he deems fit.
(5) The mayor and deputy mayor shall, within the five days foll
owing
immediately after the date of their appointment, take the oath of allegi
ance and the
official oath specified in the Oaths Act.
(6) The retiring mayor and deputy mayor shall continue in offic
e until their
successors have taken the necessary oaths.

Amended by [Act 48 of 1991]; [
Act No. 30 of 1992]

13. Powers of the deputy mayor and the substitute mayor
(1) Any act required by this Act to be done by the mayor may, i
n his absence, be
done by the deputy mayor.
(2) Where both the mayor and the deputy mayor are absent, the m
unicipal
council shall, at a meeting held under the chairmanship of a councillor
selected by
the drawing of lots, appoint a substitute mayor who shall after taking t
he oath
specified in section 11 (7), act as mayor.

14. Remuneration of mayors
The mayor of a municipal council shall be paid such monthly remuneration
as may be
prescribed.

15. Number of district councils
There shall be for every district a council to be called a district coun
cil which shall consist
of councillors elected in accordance with section 17.

Amended by [
Act No. 30 of 1992]

16. Repealed by [
Act No. 30 of 1992]

17. Election of district councillors
(1) In 2006 and thereafter in every succeeding fifth year betwe
en the 10th and
15th day following the return of candidates at village council elections
, district
councillors shall be elected by secret ballot from among the members of
village
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LOCAL GOVERNMENT ACT 1989
councils.
(2) Each village council shall be represented on its respective
District Council by
one representative elected from among its councillors.
(3) The chief executive shall convene a meeting of all the coun
cillors of a Village
Council for the purpose of electing one representative of a village coun
cil to the
District Council.
(4) The election shall be held at such place as may be appointe
d by the
Permanent Secretary.
(5) The Permanent Secretary or his representative shall preside
over the
meeting of the village councillors so convened, but he shall have no rig
ht to vote.
(6) Where there is an equality of votes between members at an e
lection, the
election as between those members who have obtained equal numbers of vot
es
shall be decided by the drawing of lots by the Permanent Secretary or hi
s
representative.
Amended by [
Act No. 30 of 1992]; [ Act No. 16 of 2002]; [ Act No. 10 of 2003];
[
Act No. 23 of 2004]

18. Election of chairman and vice-chairman of district counci
ls
(1) The chief executive shall, in the year of village council e
lections, convene a
special meeting within one week of elections held under section 17 for t
he purpose
of electing a chairman and a vice chairman to replace the chairman and t
he vice
chairman last appointed.
(2) (a) In any other year the election of the chairman and vice c
hairman shall
be held between the 1 and 7 July.
(b) Notwithstanding paragraph (a), in 2004, the ele
ction of the chairman and
vice- chairman shall be held between 1 and 7 September. (3) (a) The meeting under subsections (1) and (12) shall be p
resided by the
retiring chairman or vice chairman or in the absence of both of them by
a
councillor elected as chairman of the day by the councillors present at
the
meeting.
(b) Where a retiring chairman or retiring vice chairman has not been e
lected as
councillor he shall have no right to vote.

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LOCAL GOVERNMENT ACT 1989
(c) Where a district council fails or refuses to appoint a chairman or
a vice
chairman, the Secretary shall so inform the Minister who may make such
appointment.
(4) In the event of an equality of votes between members who se
cure the
greatest number of votes for appointment to the office of chairman or vi
ce-chairman,
one of them shall be elected by drawing of lots.
(5) The chairman and vice-chairman previously appointed shall c
ontinue in
office until the election of a new chairman and a new vice-chairman, as
the case
may be, and shall be eligible for re-election.
Amended by [
Act No. 30 of 1992]; [ Act No. 16 of 2002]; [ Act No. 23 of 2004]

19. Remuneration of chairman of district councils
The chairman of every district council shall be paid such monthly remune
ration as may be
prescribed.

20. Term of office of district councillors
(1) Subject to the other provisions of this section and section
33, a member of a
district council shall, as from 1992 hold office for a term of 5 years a
nd be eligible for
re-election.
(2) The seat of a member of a district council shall be deemed
to be vacant
where he elects to stop serving as village councillor or is so disqualif
ied.
(3) (a) Notwithstanding section 23 (1) (a) in any year in whic
h village council
elections are held, village councillors who have been elected as distric
t
councillors shall continue to hold the office of district councillor unt
il the day
preceding the day on which village council elections are to be held.
(b) The chairman and vice chairman, of a district council however, sha
ll
continue in office until the election of a new chairman and a new vice c
hairman.
(4) Where a Proclamation is made under section 152 directing th
at the
provisions of this Act relating to district councils shall apply to any
district, the
meetings, appointment and elections mentioned in section 17 shall take p
lace within
one month of the publication of the Proclamation in the Gazette.
(5) (a) Notwithstanding subsections (1) and (7), a village
council may, after
its representative has served for a period of one year at the District C
ouncil
replace him by another councillor by way of a motion in the village coun
cil.
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(b) After the passing of such a motion, an election to fill the vacanc
y so
occurring shall be held within fifteen days of the occurrence of the vac
ancy and
shall be conducted in the same manner as spelt out in section 17.
(c) Paragraph (a) shall not apply where the representative is the ch
airman or
vice-chairman of a district council.
(6)
The term of office of elected members of district councils shall begin o
n the day
following the date on which such members are returned.

(7)
All members of district councils currently in office shall continue to s
erve as such
until the day preceding the day on which village council elections are t
o be held in 2006.
Amended by [
Act No. 30 of 1992]; [ Act No. 37 of 1993]; [ Act No. 23 of 2004]

21. Revocation of chairman of district council
(1)
Where the chairman of a district council no longer commands a majority o
r
where a vote of no confidence has been passed against him, the Minister
shall
revoke the chairman an order that a new chairman be elected in accordanc
e with
section 18.
(2)
Only two motions of no confidence shall be allowed during the tenure of
office of
a chairman, there being an interval of not less than six months between
the two
motions.
Amended by {Act No. 30 of 1992]

22. Number of village councils
(1) There shall be established in every village a village counc
il which shall
consist of l2 members elected in accordance with the Representation of t
he People
Act.
(2) Where less than 12 persons are candidates at a village coun
cil election, the
Minister shall nominate the number of persons required to bring the numb
er of
members to 12.

23. Village councillors
(1) Subject to subsection (3), in 2006 and in every succeedin
g fifth year
thereafter –
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(a) the term of office of members of all village councils shall termin
ate on the
date immediately preceding nomination day at a general election for the
election of members of village councils;
(b) the election and nomination of persons who are to serve as members
of
village councils shall take place before 1 December on a day to be fixed
by the
President and before 10 December respectively;
(c) (i) the term of office of members of village councils so elect
ed shall
begin on the day following the day on which the members are returned;
(ii) the term of office of members of village councils so nominated sh
all
begin on the day of their nomination.
(2) Subject to this section and section 34, members of a villag
e council shall, as
from 1992, hold office for 5 years, and shall be eligible for re-electio
n.
(3) (a) Where a Proclamation is made under section 152 directing t
hat the
provisions of this Act relating to village councils shall apply to any a
rea, the
election and nomination of persons who are to serve as members of the vi
llage
council for that area shall take place within 3 months of the date of pu
blication
of the Proclamation in the Gazette.
(c)
The persons so elected or nominated shall hold office from the date of
their election or nomination until the day immediately preceding nominat
ion
day at the next general election to be held for the election of members
of
village councils under subsection (1).
(4) All members of village councils currently in of
fice shall continue to
serve as such until the day immediately preceding nomination day at a ge
neral
election for the election of members of village councils in 2006.
Added by [
Act No. 10 of 2003] Amended by [
Act No. 48 of 1991]; [ Act No. 16 of 2002]; [ Act No. 10 of 2003];
[
Act No. 23 of 2004]

24. The chairman and vice-chairman of village councils
(1) (a) The chief executive of a district council shall within
one week after
the return of candidates in the year of village council elections, conve
ne a
special meeting of the members of each village council within the distri
ct
council for the purpose of electing by secret ballot 2 members to be cha
irman
and vice chairman of the Council respectively.
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(b)
In any other year the meeting for the election of the chairman and vice
chairman shall be held between the 1 and 7 July.
(c) Notwithstanding paragraph (b), in 2004, the meeting for the elec
tion of the
chairman and vice-chairman shall be held between 1 and 7 September.
(2) (a) The meeting specified in subsection (1) shall be presid
ed by the
retiring chairman or vice chairman or in the absence of both of them by
a
councillor elected as chairman of the day by the councillors present.
(b) Where in the year of village council elections the retiring chairm
an or vice
chairman is not an elected councillor he shall have no right to vote.
(3) Where there is an equality of votes between members who sec
ure the
greatest number of votes for appointment to the office of chairman or vi
ce chairman,
one of them shall be elected by the drawing of lots.
(4) The chairman and vice-chairman previously appointed shall c
ontinue in
office until the election of a new chairman, and a vice-chairman and sha
ll be eligible
for re-election.
(5) Where the chairman or the vice-chairman ceases to be reside
nt within the
village where he was elected, he shall be deemed to have vacated his off
ice as such
from that time.
(6) Where any dispute arises as to whether a chairman or a vice
-chairman is
resident within the village where he was elected, the matter shall be re
ferred to the
Permanent Secretary whose decision shall be final.
(7) The chairman of every village council shall be paid such mo
nthly
remuneration as may be prescribed.
Amended by [
Act No. 30 of 1992]; [ Act No. 16 of 2002]; [ Act No. 23 of 2004]

25. Suspension of village councils
(1) The Minister may, with the consent of the district council
of the area and
where he thinks it advisable –
(a)
withdraw any of the powers of a village council;
(b) suspend the activities of a village council;

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(c) decide on the dissolution of a village council and the transfer of
the funds or
other property of the council to the district council of the area.
(2) Any member of a village council who is aggrieved by a decis
ion of the
Minister under subsection (1) may appeal to the President within 30 da
ys of the day
on which the decision was notified to him.

(3) The decision of the Permanent Secretary under subsection (
1,) shall be
notified –
(a) by post to every member of the village council in question; and
(b) where subsection (1) (b) or (c) applies, by notice published
in 3 daily
newspapers.
Amended by [
Act No. 48 of 1991]

26. Repealed by [
Act No. 30 of 1992]

27. Qualifications of electors for municipal elections
(1) Subject to section 29 and to subsection (2), a person sha
ll be entitled to be
registered as an elector for the election of members of an urban authori
ty where he-
(a) is a Commonwealth citizen of age;
(b) has resided in Mauritius for a period of not less than 2 years imm
ediately
before the prescribed date or is domiciled and resident in Mauritius on
the
prescribed date; and
(c) on 1 January in any year –
(i) is resident in any ward of a town;
(ii) is occupying as owner or tenant, any business premises in any war
d
of the town;
(iii) is paying the general rate, or house rate or tenant’s tax to the
urban
authority in respect of premises or property situated in any ward of the

town; or
(iv) is paying a licence to the local authority as owner of a public s
ervice
vehicle or a goods vehicle having its base of operation in any ward of t
he
town.
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(2) (a) No person shall be registered as an elector in
more than one
ward of a town.
(b) No person shall be registered as an elector for any urban authorit
y in
respect of more than one of the qualifications specified in subsection (
1)(c).
(c) A person entitled to be registered as an elector for an urban auth
ority in
respect of the qualifications specified in subsection (1)(c)(i) sh
all not be entitled
to be so registered for that authority in respect of any of the qualific
ations
specified in subsection (1)(c)(ii), (iii) or (iv).
(d) No person shall in respect of the qualifications specified in subs
ection (1)(c)
(i) be registered as an elector for more than one urban authority.
(3) (a) In this section, “business premises” means any building
or part of a
building or any place or space –
(i) which can be so defined as to enable it to be occupied separately;
(ii) the gross annual value of which, ascertained in the manner specif
ied
in section 80, is not less than what may be prescribed;
(iii) which is occupied for the purpose of the business, profession or

trade of the person to be registered.
(b) Where business premises are in the joint occupation of 2 or more p
ersons,
each of the joint occupiers shall, for the purposes of this section, be
treated as
occupying the premises provided that the gross annual value of the premi
ses
is not less than what may be prescribed.
(c) No more than 2 joint occupiers shall be entitled to be registered
in respect
of the same premises unless they are bona fide engaged as partners carry
ing
on their business, profession or trade on the premises.

28. Qualifications of electors for village council elections
Subject to section 29, a person shall be entitled to be registered as an
elector for the
election of members of a village council who –

(a) is a Commonwealth citizen of age;
(b) has resided in Mauritius for a period of not less than 2 ye
ars immediately
preceding the prescribed date or is resident and domiciled in Mauritius
at that date;
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and

(c) on 1 January in any year –
(i)
is a resident in the village, provided his name is included in the
register of electors for the Assembly elections compiled in accordance w
ith the
Representation of the People Act;
(ii)
the owner of immovable property, or of a share in such property,
situate in that village the value of which is not less than what may be
prescribed;
(iii)
occupying, as owner or tenant, business premises in the village;
(iv)
paying rates or taxes to the council; or
(v)
the tenant of an immovable property situate in that village and is
paying such monthly rent as may be prescribed.
Amended by [
Act No. 48 of 1991]

29. Disqualification of electors
No person shall be entitled to be registered as an elector for the elect
ion of members of a
local authority where he –
(a) has been sentenced by a court in any part of the Commonweal
th to death or
to imprisonment, by whatever name called, for a term exceeding 12 months
, and has
not either suffered the punishment to which he was sentenced or such oth
er
punishment as may by competent authority have been substituted therefor
or
received a free pardon;
(b) is a person adjudged to be of unsound mind or detained as a
criminal lunatic
under any enactment; or
(c) is disqualified for registration as an elector by any enact
ment relating to
offences connected with elections.

PART II – GENERAL PROVISIONS – MEMBERS AND MEETINGS FILLING OF VACANCIES

30. Qualifications of local authority councillors
(1) Subject to subsection (2), no person shall be a member of
or sit or vote at
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the meetings of a local authority unless –
(a) he is qualified to be registered as an elector for the election of
a local
authority under this Act; and
(b) he is able to speak and 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 authority.
(2) No person shall be qualified to be elected or nominated as
a member of a
local authority or, having been so elected or nominated shall sit or vot
e at meetings
of that authority where he –
(a)
is the holder of or is acting, in, an office of emolument-
(i)
under the State, other than the office of member of the
Assembly except Ministers of Government and Parliamentary Private
Secretaries;
(ii) under a local authority, other than that of mayor or chairman;
(b) is an undischarged bankrupt, having been adjudged bankrupt under a
ny
law in force in any part of the Commonwealth, or has obtained the benefi
t of a
cessio bonorum in Mauritius and has not yet obtained a full discharge in

respect of all the debts contracted by him, prior to his filing a petiti
on for a
cessio bonorum;
(c) is disqualified, otherwise than at his own request, from practisin
g as a legal
or medical practitioner or a dental surgeon or a dental technician in Ma
uritius
or in any part of the Commonwealth by the order of any competent authori
ty;
(d) in the case of an elected member, is disqualified for election by
any
enactment by reason of his holding, or acting in, any office the functio
ns of
which involve –
(i) any responsibility for, or in connection with, the conduct of any
election; or
(ii) any responsibility for the compilation or revision of any elector
al
register;
(e) has, within the 5 years preceding the day on which elections are t
o be held
or the day of his election or nomination, or since his election or nomin
ation,
been sentenced by a court in any part of the Commonwealth to death, pena
l
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LOCAL GOVERNMENT ACT 1989
servitude or imprisonment for any offence involving fraud or dishonesty,
or to a
fine or imprisonment for any drug related offence;
(f) is disqualified from membership of the authority by any enactment
relating
to offences connected with elections.
Amended by [
Act No. 48 of 1991]

31. Multiple candidature unlawful
(1) No person shall –
(a) be a member-of more than one municipal or village council;
(b) stand as a candidate for election to more than one municipal or vi
llage
council at one and the same election;
(c) stand as a candidate for election to any municipal or village coun
cil if he is
already a member of any municipal or village council except where the wh
ole
council of which he is a member is due for re-election.

32. Acts done by unqualified persons

The acts and proceedings of any person elected to an office under this A
ct and acting in
that office, shall notwithstanding his disqualification or want of quali
fication, be as valid and
effectual as if he has been qualified.

33. Vacation of office by resignation

(1) A person elected or nominated to any office under Part I ma
y resign his
office by writing signed by him and delivered to the Chief Executive.
(2) Any such resignation shall take effect on the receipt of th
e notice of
resignation by the person to whom it is required to be delivered.

34. Vacation of office in other cases

The seat of a member of a local authority shall become vacant-
(a) upon his death;
(b) where, without the approval in writing of the local authori
ty of which he is a
member, he fails throughout a period of six consecutive months to attend
any
meeting of that authority or of any of its committee to which he has bee
n appointed.
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(c) where, without the approval of the President, he or any fir
m of which he is a
member or any company of which he is a director or manager becomes a par
ty to
any contract with the council of which he is a member, or where without
such
approval he becomes a member of a firm, or a director or manager of a co
mpany
which is a party to any such subsisting contract; or
(d) where he is disqualified under section 30(2).
Amended by [
Act No. 48 of 1991]; [ Act No. 30 of 1992]

35. Declaration of vacancy in office
(1) Where a member –
(a) ceases to be qualified to be a member;
(b) becomes disqualified from being a member for any reason other than
by
reason of conviction or a breach of any enactment relating to electoral
offences; or
(c) ceases to be a member of the authority for any of the reasons spec
ified in
section 34 (b), (c) and (d),
the local authority shall, except in any case in which a declaration has
been made by
the Supreme Court under this Part, forthwith declare his office to be va
cant and
signify the vacancy by notice signed by the chief executive of the autho
rity and
affixed to the offices of the authority.
(2) Any person aggrieved by the decision of the local authority
under this section
may appeal to the Supreme Court against the decision and the appeal shal
l be
proceeded with, heard and determined as an ordinary civil appeal.

36. Date of casual vacancies
For the purpose of filling a casual vacancy in any office for which an a
ppointment is made
or an election is held under this Act, the date on which the vacancy sha
ll be deemed to
have occurred shall be –
(a) in the case of resignation, upon the receipt of resignation
by the person to
whom the notice is required to be delivered;

(b) in the case of death, upon the date of death;

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(c) in the case of disqualification by reason of a conviction,
upon the expiration
of the ordinary period allowed for making an appeal or application with
respect to
conviction or, where an appeal or application is finally disposed of or
abandoned or
fails by reason of non-prosecution;
(d) in the case of an election being declared void on election
petition, upon the
date of the judgment of the court;
(e) in the case of a person ceasing to be qualified to be a mem
ber of a local
authority, or becoming disqualified for any reason other than that speci
fied in
paragraph (c) or ceasing to be a member of a local authority for any o
f the reasons
specified in section 34 (b), (c) and (d), upon the date on which h
is office is declared
to have been vacated either by the court or by the local authority, as t
he case may
be.

36A. Casual vacancies among mayors and chairmen
On a casual vacancy occurring in the office of mayor or deputy mayor of
a municipal
council, or of the chairman or vice chairman of a district council or a
village council an
election to fill the vacancy shall be held within 15 days of the occurre
nce of such vacancy
and shall be conducted in the manner provided in section 12 or 18.

Added by [
Act No. 30 of 1992]

37. Casual vacancies among councillors
(1) Where a casual vacancy occurs in the office of an elected m
ember of an
urban authority, the chief executive of the authority shall, not later t
han 3 days after
the occurrence of the vacancy, give written notice of the vacancy to the
Minister.
(2) Subject to subsection (3) and section (38), the vacancy
shall be filled by
election-
(a) where the number of vacancies is less than 3 and the Minister is o
f the
opinion that it is in the public interest to hold an election; or
(b) where the number of vacancies is not less than 3, unless the Minis
ter, after
consultation with the Lord Mayor or Mayor, as the case may be, considers
that
the vacancies will not upset the relativity between the number of counci
llors in
the majority group and in the opposition respectively.
(3) No election under subsection (2) shall be held within 6 m
onths of a National
Assembly election unless the Minister thinks it is in the public interes
t to do so.

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(4) An election to fill any vacancy under paragraph 2 (a) sha
ll be –
(a) held on such day as may be fixed by the President by notice publis
hed in
the Gazette, being not more than 40 days after the date of such publicat
ion;
(b) conducted in the same manner as an ordinary election.

(5) The notice under section (4) shall be published –
(a) where there is more than one vacancy, within 15 days after the occ
urrence
of the last vacancy;
(b) where there is only one vacancy, within 15 days after the occurren
ce of that
vacancy.
(6) Where a casual vacancy occurs among nominated members of a
local
authority, the Minister may nominate a person, who must be qualified for
such
nomination, to fill the vacancy and shall publish the nomination in the
Gazette.
(7) Where a casual vacancy occurs among elected members of a di
strict
council, the vacancy shall be filled in accordance with the procedure la
id down in
section 17 for the appointment of a member of the category in which the
vacancy
has occurred.
(8) Where a casual vacancy occurs among elected members of a vi
llage
council, the vacancy shall be filled by the remaining members of the cou
ncil who
shall, subject to the approval of the Minister, appoint any person who i
s qualified for
membership to be a member of the council.
(9) Where there are no remaining members or the remaining membe
rs fail to
make any appointment within 30 days of the occurrence of the vacancy spe
cified in
sub section (8), the Minister may appoint such number of persons as ma
y be
required to bring the membership of the council to 12.
Amended by [
Act No. 48 of 1991]; [ Act No. 30 of 1992]

38. Vacancy within 12 months of election
(1) Notwithstanding section 37 or any other enactment, no vacan
cy among
elected members in a local authority, other than a village council, shal
l be filled
where it occurs 12 months or less before the day on which elections for
the
constitution of such local authority are to be held unless the Minister,
after
consultation with the Lord Mayor or mayor or chairman, as the case may b
e,
considers that it is in the public interest that that vacancy be filled.

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(2) In the event that the number of remaining members of the lo
cal authority falls
below the number required for a quorum of members of that authority, the
Minister
shall appoint such number of persons to be members of the local authorit
y until the
holding of such elections as may be necessary to ensure that there will
be a quorum
of members at meetings.

39. Acts not invalidated by vacancy
All acts done by a local authority shall, notwithstanding any vacancy in
such local authority
or that it is afterwards discovered that there was a defect in the elect
ion or appointment of
a person purporting to be a member of the authority, be as valid as if n
o such vacancy or
defect had existed.

40. Meetings and proceedings of local authorities
(1) Parts I, II and III of the Fourth Schedule shall have effec
t as respect the
meetings and proceedings in council of local authorities.
(2) Parts IV and V of the Fourth Schedule shall have effect as
respect the
meetings and proceedings in committee of local authorities.
(3) The Minister may, after consultation with the local authori
ties concerned, by
regulations amend the Fourth Schedule.

41. Disability because of interest
(1) (a) Subject to paragraph (b), where a member or a
n officer has any
pecuniary interest, direct or indirect, in any contract or other matter
and is
present at a meeting of the local authority at which the contract or the
other
matter is the subject of consideration, he shall at the meeting, as soon
as
practicable after its commencement, disclose the fact, and shall not tak
e part
in the consideration or discussion of, or vote on any question with resp
ect to,
the contract or other matter.
(b) This section shall not apply to an interest in a contract or other
matter
which a member or an officer of a local authority may have as a rate pay
er or
inhabitant of the area, or as an ordinary consumer of electricity or wat
er, or to
an interest in any matter relating to the terms on which the right to pa
rticipate
in any service, including the supply of goods, is offered to the public.
(2) (a) For the purposes of this section, a person shall, subject
to paragraph
(b), be treated as having indirectly a pecuniary interest in the contr
act or other
matter, where –
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LOCAL GOVERNMENT ACT 1989
(i) he or any nominee of his is a member 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
(ii) he is a partner, or is in the employment, of a person with whom t
he
contract is made or is proposed to be made or who has a direct
pecuniary interest in the other matter under consideration.
(3) In the case of married persons living together, the interes
t of one spouse
shall, if known to the other, be deemed for the purposes of this section
to be also an
interest of that other spouse.
(4) A general notice given in writing to the chief executive of
the authority or the
Permanent Secretary as the case may be by a member to the effect that he
or his
spouse is a member or is in the employment of a specified company or oth
er body,
or that he or his spouse is a partner or in the employment of a specifie
d 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 relatin
g to that
company or other body or to that person which may be the subject of cons
ideration
after the date of the notice.
(5) The chief executive of the authority shall record, in a boo
k to be kept for the
purpose, particulars of any disclosure made under subsection (1) and o
f any notice
given under subsection (4), and the book shall be open at all reasonab
le hours to the
inspection of any member.
(6) Any person who contravenes subsection (1) shall for each
offence be liable,
on conviction, to a fine not exceeding Rs 10,000, unless he proves that
he did not
know that a contract, proposed contract, or other matter in which he has
a pecuniary
interest was the subject of consideration at the meeting.
(7) A prosecution for an offence under this section shall not b
e instituted except
by or on behalf of the Director of Public Prosecutions.
(8) The President may subject to such conditions as he thinks f
it to impose,
remove any disability imposed by this section in any case in which the n
umber of
members of the local authority so disabled at any one time would be so g
reat a
proportion of the whole as to impede the transaction of business, or in
any other
case in which it appears to the President that it is in the interest of
the inhabitants of
the area that the disability should be removed.
(9) The local authority may by resolution exclude any member fr
om any meeting
while any contract, proposed contract, or other matter in which he has s
uch an
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interest is under consideration.
Amended by [
Act No. 48 of 1991]; [ Act No. 30 of 1992]

42. Proceedings in respect of qualifications
(1) (a) Proceedings may be instituted in the Supreme Co
urt against
any person acting as a member of a local authority or as a mayor or depu
ty
mayor of a municipal council or chairman or vice-chairman of a district
council
or village council on the ground of his being disqualified within the me
aning of
this section for so acting, and proceedings may be instituted in the Sup
reme
Court on the like ground against any person claiming to be entitled so t
o act.
(b) Proceedings under this section shall not be instituted after 6 mon
ths from
the date on which he so acted.
(2) Where in proceedings instituted under this section it is pr
oved that the
defendant has acted as a member of a local authority, or as a mayor or d
eputy
mayor or as chairman or vice-chairman while disqualified for so acting,
the court may
–
(a) make a declaration to that effect and declare that the office in w
hich the
defendant has acted is vacant;
(b) grant an injunction restraining the defendant from so acting;
(c) order, that the defendant shall forfeit to the Government such sum
as the
court thinks fit, not exceeding 10,000 rupees for each occasion on which
he so
acted while disqualified.
(3) Where in proceedings instituted under this section in the S
upreme Court it is
proved that the defendant claims to act as a member of a local authority
, or as
mayor or deputy mayor or as chairman or vice-chairman and is disqualifie
d for so
acting, the court may make a declaration to that effect and declare that
the office in
which the defendant claims to be entitled to act is vacant and grant an
injunction
restraining him from so acting.
(4) No proceedings shall be instituted under this section by an
y person other
than –
(a) in the case of a local authority other than a district council, a
local
government elector for the area of the local authority concerned;
(b) in the case of a district council, a local government elector havi
ng right to
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vote for the election of village council within the district.
(5) For the purposes of this section, a person shall be deemed
to be disqualified
for acting as a member of a local authority, or as mayor or deputy mayor
or as
chairman or vice-chairman –
(a) where he is not qualified to be, or is disqualified for being, a m
ember of the
authority, or for holding that office; or
(b) where he has ceased to be a member of the authority, or to hold th
at office
for any of the reasons mentioned in section 33 or 34.

43. Limitation of actions
(1) Every civil or criminal action, suit or proceeding by any p
erson for any fact,
act or omission, against a local authority acting in execution or intend
ed execution of
this Act or in respect of any alleged neglect or default in the executio
n of this Act
shall, under pain of nullity be instituted within 2 years of the date of
the event which
has given rise to such action, suit or other proceeding.
(2) No such civil action, suit or proceeding, shall be institut
ed unless one
month’s prior written notice of it, and of the subject-matter of the com
plaint, has been
given to the defendant, and where such notice is given no evidence shall
be
produced at the trial except of the cause of action contained in the not
ice and in
default of proof at the trial that such notice was given, the defendant
shall be entitled
to judgment with costs.
(3) Where prior to the institution of any such civil action, su
it or proceedings, the
defendant has offered to the complainant an indemnity which is determine
d to be
sufficient by the court before which the case is brought or where after
any such civil
action, suit or proceeding has been commenced, the defendant deposited w
ith the
registrar of the court a sum of money which the court determines to be s
ufficient as
damages or indemnity to the complainant, the case shall be dismissed, su
bject to
such order as to costs as the court may think fit.
(4) Where in any such civil action, suit or proceeding the cour
t certifies on the
record that the defendant acted upon reasonable or probable cause, the p
laintiff
shall not be entitled to more than nominal damages, or to any costs.
(5) (a) No action, prosecution or proceeding shall lie against any
member of a
local authority acting in execution or intended execution of this Act or
in
respect of any alleged neglect or default in the execution of this Act u
nless –
(i) there is against such member direct proof of corruption or malice;

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(ii) the action is commenced within 2 years after the cause of action
or
complaint has accrued; and
(iii) notice of the action is served on the member 30 days before the
action is brought.
(b) Where judgment is in his favour, the defendant shall be entitled t
o twice the
amount of his taxed costs.
(6) Without prejudice to any other powers, the local authority,
where the
defendant in any action, prosecution or proceedings under this section i
s one of its
members or its officer, agent or servant, may if it thinks fit, pay out
of the funds of the
authority the whole or any part of any sums payable by the defendant in
or in
consequence of the action, prosecution or proceeding whether in respect
of costs,
charges, expenses, damages, fines or otherwise.
(7) Where the subject-matter of the action relates to any quest
ion which is
covered by the certificate of the Director of Audit, no action at law sh
all be brought
under this section.
Amended by [
Act No. 29 of 1992]

44. Privilege of councillors
(1) No action shall lie against any member of a local authority
in respect of any
statement or communication made by the member to the local authority, wh
ere the
member has an interest or duty, legal, social or moral to make the state
ment or
communication to the authority and the authority has a corresponding int
erest or
duty to receive the statement or communication.
(2) The privilege conferred by subsection (1) shall extend on
ly to a statement or
communication upon the subject with respect to which the privilege exist
s, and shall
not extend to anything that is not inherent or pertinent to the discharg
e of the duty, of
the exercise of the right, or the safeguarding of the interest, which cr
eates the
privilege.

45. Protection of councillors 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 mayor, deputy mayor,
chairman, vice-
chairman or member.
PART III – COMMITTEES AND JOINT COMMITTEES
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46. Appointment of committees
(1)
A local authority other than a village council,
(a) shall appoint a finance committee;
(b) may appoint such other committees for any other general or special

purpose as in the opinion of the local authority would be better regulat
ed and
managed by means of a committee; and
(c) delegate to a committee so appointed, with or without restrictions
or
conditions, as it thinks fit, any functions exercisable by the local aut
hority either
with respect to the whole or a part of the area of the local authority,
except the
power of levying a rate, or of borrowing money.
(2) (a) The number of members of a Committee appointed under this
section,
their term of office, and any area within which the committee is to exer
cise its
authority, shall be fixed by the local authority.
(b) The number fixed under paragraph (a) shall not be more than 12,
and the
quorum of such committees shall be 5 members.
(3) Every member of a committee appointed under this section wh
o at the time
of his appointment was a member of the local authority by whom he was ap
pointed
shall, upon ceasing to be a member of the authority, also cease to be a
member of
the committee.
(4) All decisions taken by any committee under delegated powers
shall be
reported to the authority at the next council meeting.
Amended by [
Act No. 30 of 1992]

47. Appointment of joint committees
(1) (a) A local authority may concur with any one or mo
re other local
authorities in appointing from among their respective members a joint
committee of those authorities for any purpose in which they area jointl
y
interested, and may delegate to the committee, with or without restricti
ons or
conditions, as it thinks fit, any functions of the local authority relat
ing to the
purpose for which the joint committee is formed, except the power of lev
ying a
rate, or of borrowing money.
(b) Where a local authority concurs in appointing a joint committee fo
r the
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discharge of any functions which under any enactment the authority is
authorised or required to discharge through a committee appointed under
that
enactment, and that enactment contains any special provisions with respe
ct to
the constitution and functions of that committee, those provisions shall
apply to
the constitution and functions of the joint committee with any modificat
ions, as
the case may require.
(2) Subject to this section, the number of members of a joint c
ommittee
appointed under this section, the term of office of its members, and any
area within
which the joint committee is to exercise its authority, shall be fixed b
y the appointing
authorities,
(3) Every member of a joint committee appointed under this sect
ion who at the
time of his appointment was a member of the local authority by whom he w
as
appointed shall, upon ceasing to be a member of that authority, also cea
se to be a
member of the joint committee.

48. Expenses and accounts of joint committees
(1) The expenses incurred by a joint committee appointed under
this Part shall
be defrayed by the local authorities by whom the committee is appointed
in such
proportions as they may agree upon or, in case of disagreement, as may b
e
determined by the Minister.
(2) The accounts of a joint committee appointed under this Part
shall be made
up yearly to the last day of the financial year and the provisions of th
is Act relating to
the audit of the accounts of the appointing authorities shall apply also
to the audit of
the accounts of the joint committee.

49. Disqualification for membership of committees
A person who is disqualified under Part II for being elected or being a
member of a local
authority shall be disqualified for being a member of a committee or sub
committee of that
authority, or for being a representative of that authority on a joint co
mmittee appointed by
agreement between the authority and other local authorities whether the
committee,
subcommittee or joint committee is appointed under this Part or under an
y other
enactment, and section 42 shall apply as respects any such person with t
he substitution
for references to membership of a local authority, of references to memb
ership of the
committee, sub committee or joint committee.

50. Voting disability of committee member
Section 41 shall apply in respect of members of a committee or sub commi
ttee of a local
authority or of any joint committee appointed by agreement between local
authorities,
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LOCAL GOVERNMENT ACT 1989
whether the committee, sub committee or joint committee is appointed und
er this Part or
under any other enactment, as that section applies in respect of members
of local
authorities, subject to the following modifications –
(a) in respect to members of a committee or sub committee, refe
rences to
meetings of the committee or sub committee shall be substituted for refe
rences to
meetings of the local authority, and
(b) in respect to members of any such joint committee, referenc
es to meetings
of the joint committee shall be substituted for references to meetings o
f the local
authority, and references to the chief executive to the joint committee
for references
to the chief executive of the authority.
PART IV – SERVICES OF LOCAL AUTHORITIES

51. Duties of municipal and district councils
(1) Subject to this section, a municipal or district council sh
all within the limits of
the area under its jurisdiction be responsible for-
(a) subject to the Roads Act –
(i) the cleansing and lighting of all motorways and main ro
ads;
(ii) the construction, care, maintenance, improvement, cleansing and
lighting of all public roads;
(b) subject to any regulations under section 156A (5), the collectio
n and
removal of waste to disposal sites;
(c) the undertaking of works of afforestation, terracing and tree plan
ting
alongside public roads, and for the purpose of such planting, cut and re
move
any tree growing within 7 feet of any public road unless the owner of th
e land
bordering such road elects to cut and remove the tree himself within suc
h time
as should be fixed by the local authority;
(d) the provision and regulation of public markets, fairs and places o
f public
auction;
(e) the control, care, management, maintenance, improvement and cleans
ing
of all pavements, drains, bridges, beds and banks of lakes, rivulets and

streams;
(f) the construction, care, management, maintenance, improvement, clea
nsing
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LOCAL GOVERNMENT ACT 1989
and lighting of squares, open spaces, parks, gardens, bus shelters, publ
ic
buildings including lavatories, baths and swimming pools, open and dedic
ated
to the use of, or used by the public, not being the property of the Stat
e;
(g) the construction, management, maintenance and improvement of publi
c
libraries, exhibition halls and art galleries, theatres, places of publi
c
entertainment, playing fields, cemeteries and cremation grounds, nurseri
es for
infants, pre-primary schools;
(h) the organisation and management of technical and commercial course
s
and the award of scholarships for educational, technical and commercial
courses as approved by the Minister;
(i) the control of premises used for commercial, industrial, professio
nal and
other related activities;
(j)
the construction of residential buildings, the management,
maintenance and improvement of housing estates belonging to the local
authorities;
(k)
the provision and maintenance of parking places for private cars;
(l)
the control of pollution causing a public and private nuisance;
(m) the control of hawkers;
(n) the organisation of welfare, sports and cultural activities;
(o) the provision and maintenance of traffic centres, including bus st
ations,
lorry stands and stands of other public vehicles;
(p) any undertaking approved by the Minister.
(2) In the exercise of its functions under section (1), a loc
al authority may close
or divert, temporarily or permanently, and alter, widen, raise or lower,
any public
roads and carryout all necessary works in the area including the plantin
g and felling
of trees or shrubs and the digging of wells and conduits.
(3) Where any closure or diversion under this section is likely
to be permanent,
or where any widening requires the demolition of buildings of a greater
value than
what may be prescribed, the resolution whereby such closure or diversion
or
widening is decided shall be subject to the approval of the Minister, an
d no work
shall be undertaken until notification of it has been published in 2 con
secutive issues
of the Gazette, and notice of the resolution has been sent to all person
s whose
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LOCAL GOVERNMENT ACT 1989
premises may be injuriously affected by such work, by registered post at
the
residence or at the last known place of residence of such persons.
(4) The traffic on any public road may be temporarily stopped a
nd controlled by
order of the Commissioner of Police.
(5) Where a local authority fails to carry out any of the dutie
s referred to in
subsection (1) (a), (b), (e) and (1), the Minister may interve
ne to cause to be carried
by another party any such duties and any expenses defrayed in that respe
ct shall be
borne by the local authority or may be deductible from any grant payable
to the local
authority.
(6) A local authority may by regulations provide for the proced
ure for carrying
out the duties listed at subsection (1) which may include the levy of
a fee and the
publication of such regulation shall not require the approval of the Min
ister.
(7) For the purposes of carrying out its duties, a municipal or
district council shall
have five departments, namely the Chief Executive’s Department, the Fina
nce
Department, the Works Department, the Health Department and the Welfare
Department.
Amended by [
Act No. 34 of 1991]; [ Act No. 48 of 1991]; [ Act No. 30 of 1992];

52. Duties of village councils
(1) Subject to this section, a village council shall, within th
e limits of the area
under its jurisdiction, be responsible for –
(a)
the organisation of sports activities;
(b)
the organisation of general welfare and cultural activities;
(c) the running of pre-primary schools and sewing classes;
(d) the maintenance of cremation grounds and other public health facil
ities;
(e) the performance generally of any public works to promote the sanit
ation
and cleanliness of the village and the well being of the inhabitants.
(2) A village council may, subject to the approval of the Minis
ter, carry out any
other duties assigned to municipal and district councils under section 5
1.

53. Sanitation in Port Louis

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(1) Subject to any enactment relating to buildings, quarantine,
drainage or
sewerage, the Municipal Council of Port Louis may take measures for the
construction, repair, maintenance, cleansing and general care of all dra
ins, sewers,
gutters and cross gutters in the town of Port Louis.
(2) Nothing in this section shall affect the Port Louis Sewerag
e Act and the
control of the sewerage system and of any extension of it which shall re
main vested
in the Government, and the Council shall not object to, oppose or hinder
, any digging
or other works consequent thereon or incidental thereto, where notice ha
s been duly
given to the Council.

54. Abatement of nuisance
(1) Where the Sanitary Authority is –
(a) satisfied that any nuisance exists on, or in respect of, any road,
bridge,
building or other place mentioned in section 51; or
(b) of opinion that –
(i)
the construction, repair or cleansing of any gutter or drain; or
(ii)
the alteration, improvement or repair of any building, work or
construction on premises situate within or outside the boundaries of a
local authority and belonging to, or under the management of, a local
authority
is required in the interest of public health, the Sanitary Authority sha
ll, by order
in writing, call upon the local authority to cause the nuisance to be ab
ated or
the works to be commenced within a fixed period of time.
(2) (a) Where the local authority is dissatisfied with an order of
the Sanitary
Authority made under subsection (1), it may within 7 days of the recei
pt of the
order cause a summons to be served upon the Sanitary Authority calling u
pon
it to show cause before the District Magistrate why such order should no
t be
set aside, suspended, varied or otherwise dealt with, as the case may be
.
(b) The Magistrate may hear and determine the case, whatever be the am
ount
involved, as an ordinary civil case, and confirm, set aside, suspend, va
ry or
otherwise deal with, the order, or extend the time fixed for compliance
therewith.
(c) An appeal shall lie to the Supreme Court from the judgment of the
Magistrate, and shall be proceeded with and determined in the same manne
r
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as provided for appeals from judgments of Magistrates in civil matters.

(3) (a) Where the local authority –
(i)
does not cause a summons to be served on the Sanitary
Authority under subsection (2) within the time specified; or
(ii)
has caused such summons to be served and the order of the
Sanitary Authority has been confirmed by the Magistrate, or by the
Supreme Court on appeal, whether subject to any conditions or not, and
the local authority has failed to take steps or sufficient steps to comp
ly
with the order to the Sanitary Authority within such time as may have
been fixed in the order, or by the Magistrate, or by the Supreme Court,
as the case may be, for compliance with the order,
the Sanitary Authority shall notify the Minister in that behalf.
(b) Upon being so informed the Minister may cause such nuisance to be
abated, or such works to be carried out, as the case may be, and all the

expenses in respect of the abatement of nuisance or the carrying out of
works
shall be charged to the local authority and deducted from any sums payab
le by
Government to the local authority.
(4) In this section “nuisance” has the same meaning as in secti
on 18 of the
Public Health Act.

55. Thoroughfares on private property
(1) Where any person makes a street, lane, alley, or thoroughfa
re on his land
with the intention of dedicating it to the public, he shall prior to mak
ing the street,
lane, alley or thoroughfare, give notice of his intention to the local a
uthority
concerned and such street, lane, alley or thoroughfare shall not be made
nor
dedicated until the local authority has expressed its approval of it and
of the manner
in which it has been made.
(2) The local authority shall give a name to such street, lane,
alley or
thoroughfare.

56. Powers of urban authorities beyond town
(1)
Notwithstanding section 4, the areas, places, property and undertakings
specified in Part I of the Fifth Schedule shall be exclusively controlle
d, managed,
superintended and maintained by, and all revenues therefrom shall accrue
to, the
urban authority specified in that Schedule.
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(2)
The President may by regulations amend Part I of the Fifth Schedule.

Amended by [
Act No. 48 of 1991]

57. Repealed by [
Act No. 21 of 1995]

58. Night soil, lighting and electric energy
Subject to sections 158 and 159, an urban authority may –
(a) enter into any contract for the creation of a night soil es
tablishment and
expend such sums as may be necessary for that purpose;
(b) tender for, or enter into, any contract for the performance
of a night soil
service in respect of any building in the town, at such price as the aut
hority may
determine, and receive money in payment for such service;
(c) enter into any contract for the lighting of the town and of
any private or public
building in the town, by electricity or otherwise, at such price as the
authority may
determine and receive money in payment for such lighting.

59. – Repealed by [
Act No. 7 of 2002]

60. Markets and fairs
No market or fair shall be erected or-opened in a town or village except
by the approval of
the municipal or district council, as the case may be, or with its leave
granted on such
conditions as that authority may impose, provided that the previous appr
oval of the site by
the Sanitary Authority shall be obtained and that the construction and s
anitary
arrangements of the market or fair shall be in conformity with the sanit
ary regulations
provided in that behalf.

61. Occupation of stalls inside markets
(1)
Subject to sections 158 and 159, a municipal or district council which h
as the
control and management of a market or other premises.
(2)
An authorisation under subsection (1) shall be granted for a period of
not more
than 3 years and may at the end of that period, be renewed by the author
ity;
(3)
Except with the approval of the Minister, the local authority shall not
–
(a)
suspend, revoke, or fall to renew an authorisation granted under
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LOCAL GOVERNMENT ACT 1989
subsection (1);
(b)
where it has the option not to renew a contract entered under
subsection (1) exercise that option; or
(c)
whether at the time of renewal or otherwise, vary the terms and
conditions of an authorisation granted under subsection (1).

62. Sale of articles outside markets
(1) (a) Subject to paragraph (b), a municipal or dist
rict council may,
upon payment of a fee accruing to the authority, issue permits for the o
pening
of shops and stalls outside the markets situate in the town or village f
or the
sale of such articles as may be specified in regulations made by the Aut
hority;
(b) the site, construction and sanitary arrangements of such shops and
stalls
shall be in conformity with any enactment relating to sanitation.
(2) The articles referred to in subsection (1) shall not be s
old except in the shops
and stalls in respect of which permits have been granted.
(3) Regulations made under subsection (1) may provide for the
payment of
different fees in respect of different permits according to the descript
ion of the
articles to be sold in such shops or stalls.
(4) Any permit granted under this section may be cancelled by t
he local authority
where the provisions of any enactment relating to these articles are not
complied
with.
(5) The publication of regulations specified in subsection (1)
(a) and (3) shall not
require the approval of the Minister.
PART V – OFFICERS

63. Employees of local authorities
(1) The Commission shall appoint to every local authority for t
he efficient
discharge of its functions fit and proper persons to posts which the Min
ister may
prescribe by Order published in the Gazette.
(2) No person shall be appointed to a post on the establishment
of a local
authority unless he holds the qualifications specified by the Permanent
Secretary.
(3) (a) The salary structure and conditions of service applicable
to posts of
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local authorities shall be approved by the Minister.
(b) Except as may be otherwise prescribed, all conditions of service a
pplicable
to the Public Service shall apply to the Local Government Service.
(4) The qualifications and schedule of duties applicable to pos
ts of local
authorities shall be specified in writing by the Permanent Secretary wit
h the
agreement of the Local Government Service Commission and after consultat
ion with
the chief executive of the local authority.
(5) (a) Subject to subsection (b), the chief executive of a loca
l authority shall
have the overall responsibility for the administration of the local auth
ority and
all officers of the authority shall, be responsible to him.
(b) The Permanent Secretary shall determine all applications for leave
without
pay made by local government employees.
(6) All employees of a village council shall be deemed to be em
ployees of the
district council having jurisdiction over that village council.
Amended by [
Act No. 30 of 1992]

64. Powers of inspectors
(1) Subject to subsection (2), every inspector of a local aut
hority –
(a) shall have the powers, privileges and immunities and perform the d
uties of
a police officer in the execution of all summonses and orders issued in
relation
to any offence against a law relating to a local authority or an offence

committed within the limits of the town under any enactment specified in
the
Seventh Schedule;
(b) may seize any article or animal which is the subject matter of an
offence
under any enactment relating to a local authority where –
(i)
the seizure is necessary for the purpose of establishing the
offence; or
(ii) the article or animal is liable to confiscation;
(c) may, without warrant, arrest any person for any offence under any
enactment relating to a local authority where the person –
(i) not being known to him, refuses to give his name and address or
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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 way obstru
cts,
hinders, opposes or molests the inspector;
(d) shall wear such uniform, and carry such staff or other insignia of
office as
the local authority shall, with the approval of the Minister, determine.
(2) (a) Any offender who is so arrested pursuant to subsection 1(
1) (c) shall
be taken forthwith to the nearest police station and the officer for the
time
being in charge of the station, if he is satisfied with respect to the n
ame,
position and place of abode of the person arrested, may release him
provisionally after recording all the particulars concerning the case in
the
occurrence book of the station.
(b) When the person arrested is not released, he shall be taken as soo
n as
possible before a Magistrate.

65. Vacancies
(1) Where a vacancy occurs in respect of a local government off
ice, the chief
executive of the local authority concerned, shall, within 15 days of the
occurrence of
the vacancy, inform the Local Government Service Commission of the vacan
cy and
make recommendations to the Commission as to whether or not –
(a)
the vacancy ought to be filled in a permanent temporary or acting
capacity; or
(b)
the functions of the vacant office ought to be assigned to a local
government officer,
giving reasons for his recommendations.
(2) The Commission may accept or reject any recommendation made
under
subsection (1) but vacancies should not, unless so decided by the Perm
anent
Secretary, be left unfilled for a period of more than six months.
(3) Where the Commission appoints a person to act in a vacancy
or assigns to a
local government officer the functions of a vacant office, the person so
appointed or
to whom the functions have been assigned, as the case may be, shall have
the
powers, rights and duties of the person in whose place he is to act.
(4) No local authority shall, without the authorisation of the
Permanent
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LOCAL GOVERNMENT ACT 1989
Secretary, alter the terms of any scheme of service relating to a local
government
office which is vacant.
(5) The Permanent Secretary may decide that a vacant post shoul
d not be filled
and he shall so inform the Commission and the local authority.

66. Security to be given by officers
(1) A local authority shall, in the case of an officer employed
by it, whether under
this or any other enactment, who by reason of his office or employment i
s likely to be
entrusted with the custody or control of money, and may, in the case of
any other
officer employed by it, require him to give or itself take, such securit
y for the faithful
execution of his office and for his duly accounting for all money or pro
perty which
may be entrusted to him as the local authority thinks sufficient.
(2) Where any security furnished under this section expires and
is not renewed
by the officer concerned within 15 days of the date of expiry such offic
er shall be
deemed to have vacated his office.
(3) No member of a local authority shall stand as surety for th
e purposes of this
section for an officer employed by that authority.

67. Accountability of officers
(1) Every officer employed by a local authority, whether under
this Act or any
other enactment, shall at such time during the continuance of his office
, or within 3
months after his ceasing to hold it, and in such manner as the local aut
hority may
direct, submit a true account in writing of all money and property commi
tted to his
charge, and of his receipts and payments, with vouchers and other docume
nts and
records supporting the entries, and a list of persons from whom or to wh
om money is
due in connection with his office showing the amount due from or to each
.
(2) Every such officer shall pay all money due from him to the
local authority, or
otherwise, as the authority may direct.

(3) Where any such officer –
(a)
refuses or wilfully neglects to make any payment which he is required
by this section to make; or
(b) after 3 days notice in writing, signed by the chief executive of t
he local
authority and given or left at his usual or last known place of residenc
e,
refuses or wilfully neglects to make out or deliver to the authority, or
as the
chief executive directs any account or list which he is required by this
section
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to make out and deliver, or any voucher or other documents or record rel
ating
thereto, or to give satisfaction respecting it to the authority or as th
e chief
executive directs,
the District Magistrate may, on complaint by the local authority, by ord
er require him
to make such payment or delivery or to give such satisfaction.
(4) Nothing in this section shall affect any remedy by action a
gainst such officer
or his surety, except that the officer shall not, be amenable to both ci
vil proceedings
and criminal prosecution for the same cause.

68. Councillors not to be officers
No person shall, so long as he is, and for 12 months after he ceases to
be a member, be
appointed to any paid office, other than the office of mayor and chairma
n, by the authority
of which he is a member.

69. Protection of officers of local authority
Sections 156 (3), 159 and 160 of the Criminal Code Act shall extend to
cases of outrage
and violence against officers of local authorities appointed under this
Part.

70. Disciplinary action against chief executive
(1) The Minister may report to the Local Government Service Com
mission any
chief executive who in his opinion has failed to exercise administrative
and financial
control in accordance with his responsibilities.
(2) Where the Commission is of the opinion that disciplinary ac
tion should be
taken against the chief executive, following a report under subsection (
1), the
Permanent Secretary shall draw up any appropriate charge after consultin
g the
Solicitor-General.
PART VI – FINANCE

71. Grants to local authorities
(1) (a) In each financial year there may be paid to a l
ocal authority a
grant of an amount calculated according to such formula as may be prescr
ibed
by the Minister.
(b) The formula for the payment of grants under this section shall ope
rate for
such period and on such conditions as may be prescribed.

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(2) The Minister may, subject to this subsection and to the app
roval of the
President, reduce any grant payable to a local authority by such amount
as he thinks
just where –
(a) he is satisfied upon representation made to him or otherwise that
the
authority has failed to achieve or maintain a reasonable standard of eff
iciency
and progress in the discharge of its functions; or
(b) he is satisfied that the requirements of this Act or any of the co
nditions
imposed under subsection (1) are not being complied with.
Amended by [
Act No. 48 of 1991]

72. Local Government Finance Board
(1) There is established for the purposes of this Act a Local G
overnment
Finance Board.
(2) The Board shall be composed of such members as may be presc
ribed.
(3) The Board shall, after consultation with the local authorit
ies and other
interested parties –
(a) advise the Minister on the determination and application of the fo
rmula to
be used for calculating the amount of the grant to be paid to a local au
thority;
and
(b) on any other matter under this Part.
(4) Where the Minister is required to perform any function or m
ake any decision
relating to financial matters under this Act he may, before doing so, co
nsult the
Board.

73. Interpretation of Part VI
In sections 73 to 98 –
“agricultural building” means buildings, other than dwelling houses whic
h are occupied
together with agricultural land or being or forming part of a market gar
den and which are
used solely in connection with agricultural operations thereon;

“agricultural land”-
(a) means land used as arable meadow or pasture ground only, la
nd used for a
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LOCAL GOVERNMENT ACT 1989
plantation or a wood or for the growth of saleable underwood, market gar
den,
nursery grounds, orchards or allotments; or
(b) excludes land occupied together with a house as a park, gar
dens, or a
pleasure ground or land kept for purposes of sport or recreation, or lan
d used as a
racecourse.

“Council” means a municipal council;
“owner” means, in respect of any property –
(a) the person who receives, or if such property were to be let
, would be entitled
to receive the rent, whether for his own benefit or that of any other pe
rson; or
(b) where the owner cannot be found or ascertained, the occupie
r;
“rates” includes any surcharge or costs incurred in connection with the
payment of rates;

“rating area” means the town concerned;
“tenant” excludes the tenant of premises used solely for private resi
dential purposes;
“treasurer” means the person performing the duties of treasurer of th
e council concerned;

74. General rate
(1) Every council shall, in the manner set out in this Act, lev
y a rate on the owner
of any immovable property included in the valuation list prepared under
section 78
the net annual value of which exceeds 1,750 rupees.
(2) The general rate leviable under subsection (1) shall be s
uch percentage of
the net annual value of the immovable property as the council may by reg
ulations
determine.
(3) A council may levy different rates in respect of, immovable
properties having
the same net annual value taking into consideration whether the properti
es are being
used for residential business, Commercial or industrial purposes.
(4) For the purposes of the provisions of this Act relating to
assessment for, and
levy of the general rate, property or any part thereof in respect, of wh
ich the rate is to
be levied shall be dealt with in such units as the Valuation Officer may
determine.
(5) The general rate shall not be levied in respect of –

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LOCAL GOVERNMENT ACT 1989
(a) any property belonging to the Government;
(b) any property belonging to and occupied by any foreign government o
r any
organisation or body accorded diplomatic immunity under any enactment;
(c) any property owned and occupied by a council and lying within its
own
rating area;
(d) any church, chapel, mosque, temple or similar building used solely
as a
place of public religious worship;
(e) any agricultural building or agricultural land;
(f) any property belonging to the Curepipe War Memorial Board or to th
e
Austin Wilson Home.
(6) Every council may decide that no general rate or that a par
t only of the
general rate shall be levied in any financial year in respect of –
(a) any property belonging to and occupied solely by a religious insti
tution;
(b) any property used for the purpose of a Government primary school o
r a
primary school in receipt of grant-in-aid from Government funds;
(c) any property used solely as an orphanage, an infirmary, or a crech
e;
(d) any property –
(i)
used for the purpose of training its members for sporting
competitions or used for social and cultural activities; and
(ii) owned by an association registered under the Registration of
Associations Act, the main objects of which are the promotion of sport
and the training of its members for competitive sports and the promotion

of social and cultural activities.
(7) The Minister may, by regulations, provide that no general r
ate or that a part
only of the general rate shall be levied in respect of –
(a) any property used for the purpose of an approved secondary school
registered under the Education Act, where the general rate in respect of
the
property is leviable on the person who is responsible financially for th
e
administration of the school;

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(b) any property belonging to the Central Electricity Board and used i
n
connection with the generation, transmission and distribution of electri
city;
(c) any property or any part thereof used solely for the purpose of an
industry
or hotel in respect of which a development certificate or an EPZ certifi
cate or a
hotel and management certificate has been given under any enactment,
provided the owner of the property is the company to whom such certifica
te
has been given;
(d) any other property, where the Minister considers it expedient.
(8) (a) Every council may, subject to the approval of the Minister
, remit the
whole or part of the general rate payable by any person on account of hi
s
property.
(b) The Minister may require the council to submit a return showing th
e
persons who have obtained a remission, either in whole or in part, of th
e
general rate together with the amount remitted in each case, and stating
the
reason for such remission, and may, if not satisfied, that any such remi
ssion
was satisfied, direct that the amount so remitted be collected from the
ratepayer.
(9) Subject to subsection (10), any exemption granted under t
his section shall
be of no effect if granted more than 12 months after the rate has become
due.
(10) Where the Minister grants an exemption under subsection (7)
(d), the
exemption maybe granted at any time within 24 months of the date on whic
h the rate
become due.

75. –

76. Rate due and payable
(1) Any general rate levied under this Act in respect of any ye
ar shall become
due as from 1 July of that year and shall be payable in 2 equal instalme
nts, as the
Council may by regulations prescribe.
(2) (a) Where any general rate is not paid within the appropriate
periods
prescribed in the regulations-
(i) a surcharge of 10 per cent shall be made on the amount of the rate

due and payable;
(ii) the Council shall within one year of the date on which the rate
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LOCAL GOVERNMENT ACT 1989
becomes due take action for the recovery of the rate in accordance with
section 114.
(b) The Council may grant to any ratepayer such time for payment as it
thinks
fit not exceeding 4 months where it is satisfied that the ratepayer is u
nable to
pay the rate and surcharge due otherwise than by instalments.
(3) Where any instalment under subsection 2 (b) is not paid w
ithin 14 days of
the date on which it fell due, the Council shall take action for the rec
overy of the
whole rate and surcharge due and payable in accordance with subsection 2
(a)
unless both the Council and the Minister are satisfied that the failure
to comply with
this section was due to causes beyond the ratepayer’s control.
(4) The date upon which any surcharge has been made shall be cl
early
indicated in any notice relating to the payment of the rate.
(5) The general rate shall, unless otherwise provided in this A
ct, be due and
payable notwithstanding the fact that the ratepayer has not received a c
laim for such
rate.

77. Fixing of rates
The Council shall fix such a rate as will be sufficient to provide for s
uch part of the total
estimated expenditure to be incurred by the Council during the period in
respect of which
the rate is made as is to be met out of money raised by rates, together
with such additional
amount as is in the opinion of the Council required to cover expenditure
previously
incurred or to meet contingencies or to defray any expenditure which may
fall to be
defrayed before the date on which the money to be received in respect of
the next
subsequent rate will become available.

78. Making of valuation lists
(1) (a) The Valuation Officer shall cause to be prepare
d a valuation list
with respect to all immovable properties, the net annual value of which
exceeds 1,750 rupees, situate in the rating area, which shall come into
operation on a date to be prescribed by regulations by the Council and
thereafter new valuation lists shall be made from time to time and shall
come
into operation on such date or dates as the Council may by regulations
prescribe, provided that the interval between the dates on which one val
uation
list and the next succeeding valuation list, respectively, come into ope
ration
shall be a period of not less than 5 years.
(b) Where additions, improvements or alterations are made to any immov
able
property within the period of 5 years, the immovable property shall be
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LOCAL GOVERNMENT ACT 1989
assessed as soon as may be after the completion of such additions and
improvements.
(c) Notwithstanding the provisions of paragraph (b), such additions,

improvements, and alterations shall be reported forthwith to the Council
on a
prescribed form by the owner of the property. Failure to do so shall con
stitute
an offence liable to a fine not exceeding Rs 5,000.
(2) The Valuation Officer shall, as soon as may be after a new
valuation list has
been prepared, sign the list and deliver it to the chief executive who s
hall cause it to
be deposited at a suitable place in the Council Chamber.
(3) Valuation lists shall contain such particulars as the Counc
il may by regulation
prescribe.

79. Returns
(1) Where a new valuation list is to be made, the Valuation Off
icer may serve a
notice on the occupier, owner or lessee of any premises in the area, or
on any one
or more of them, requiring him or them to make a return containing such
particulars
as may be reasonably required for the purpose of enabling him accurately
to compile
the list.
(2) The Valuation Officer may, in connection with a proposal wh
ich has been
made for the alteration of a valuation list, serve a notice on the occup
ier, owner or
lessee of any premises in the area or any one or more of them requiring
him or them
to make a return containing such particulars as may be reasonably requir
ed for the
purpose of enabling him to decide whether or not to make or, as the case
may be, to
object to the proposal.
(3) Every person on whom a notice to make a return is served un
der this section
shall, within 21 days after the date of the service of the notice, make
a return in such
form as is required in such notice and deliver it in the manner so requi
red to the
Valuation Officer.
(4) Where any person on whom notice has been served under this
section fails
without reasonable excuse to comply with the notice or supplies informat
ion which is
false or calculated to mislead the Valuation Officer, he shall commit an
offence and
shall for each offence be liable on conviction to a fine not exceeding 5
,000 rupees.
(5) Where a person is convicted under section (4) in respect
of a failure to
comply with a notice or of supplying incorrect information and the failu
re continues
after the conviction, then, unless he has reasonable excuse for the cont
inuance of
the failure, he shall commit a further offence under subsection (4) an
d be liable to
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the same penalty.
(6) Any person who, in a return made under this section, makes
a statement
which he knows to be false in a material particular or recklessly makes
a statement
which is false in a material particular, shall commit an offence and sha
ll, on
conviction, be liable to a fine not exceeding Rs 10,000 or to imprisonme
nt for a term
not exceeding 12 months.

80. Gross and net annual value
(1) (a) For the purpose of valuation lists to be prepar
ed under this Act,
the gross annual value of any immovable property shall be taken to be th
e
annual rent the property might reasonably be expected to yield, if let f
or the
first time on or about such date as may be prescribed by the Council, an
d if the
landlord undertook to bear the cost of the repairs and insurance and any
other
expenses necessary to maintain the property in a state to command that r
ent.
(b) In estimating the gross annual value of a property no account shal
l be
taken of the value of any services which the landlord renders, or procur
es to
be rendered, to the tenant, either alone or in common with other tenants
of the
landlord, other than the provision of, or repairs to, or maintenance of,
the
property.

(2) The net annual value of a property shall be ascertained
as follows –
(a) in the case of property belonging to the classes specified in the
first column
of the Sixth Schedule there shall be deducted from the gross annual valu
e of
the property the amount not exceeding the deduction specified with respe
ct of
that class in the second column of the Sixth Schedule and the gross annu
al
value so reduced shall be taken to be the net annual value;
(b) in the case of any property of which the net annual value, ascerta
ined in
accordance with this subsection, is less than 6 per cent of the compulso
ry
purchase price, the net annual value of such property shall be entered i
n the
valuation list at an amount equal to 6 per cent, or such higher percenta
ge as
may be prescribed by the Council, of the compulsory purchase price, and
no
gross annual value shall be entered in respect of such property;
(c) the amount of the net annual value shall be calculated to nearest
5 rupees.
(3) In this section, “compulsory purchase price”, in relation t
o any property,
means the amount of compensation (excluding any compensation for distur
bance, or
for severance or injurious affection) which would be payable on the com
pulsory
acquisition by Government, in pursuance of a notification published unde
r section 8
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LOCAL GOVERNMENT ACT 1989
of the Land Acquisition Act, at the date of the assessment, of an unencu
mbered
interest in the property free of all servitudes.

81. Alteration of valuation lists
(1) The Council or any ratepayer aggrieved –
(a) by the inclusion in, or omission from, the valuation list of any p
roperty; or
(b) by any value ascribed in the valuation list to a property or by an
y other
statements made or omitted to be made in the valuation list with respect
to a
property,
may make a proposal for the alteration of the list accordingly.
(2) The Valuation Officer may make a proposal for any alteratio
n of the valuation
list.
(3) In this section and in section 82, “ratepayer” includes
any person liable under
this Act for payment of general rates and any person liable under Part I
I of the
Plaines Wilhems Sewerage Act for payment of sewerage rates.

82. Proceedings on proposals
(1) Every proposal for the alteration of the valuation list sha
ll –
(a) be made in writing and, except where it is made by the Valuation O
fficer,
be served on the Valuation Officer;
(b) specify the grounds on which the proposal is supported;
(c) comply with any regulations made with respect to the making of pro
posals.
(2) The Valuation Officer shall, within 28 days after the date
on which a proposal
is served on him or within 7 days after a proposal is made by him, as th
e case may
be, transmit a copy of the proposal, together with a statement in writin
g of a right of
objection conferred by this section to each of the following persons not
being the
maker of the proposal –
(a) any ratepayer charged with the rates in respect of the property to
which the
proposal relates; and
(b) the Council for the area in which the property in question is situ
ate.

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(3) Any person on whom notice has been served under subsection
(2) may,
within 28 days of the date on which the notice was served, serve on the
Valuation
Officer notice in writing of objection to the proposal and the Valuation
Officer shall,
within 28 days of the date on which a notice of objection is served on h
im, transmit a
copy thereof to the maker of the proposal.
(4) Where in the case of a proposal –
(a) no notice of objection is served within the time limited by subsec
tion (3), or
every such notice is unconditionally withdrawn; and
(b) either the proposal was made by the Valuation Officer or he is sat
isfied that
the proposal is well-founded,
the Valuation Officer shall cause the valuation list to be altered so as
to give effect to
the proposal.
(5) Where the conditions specified in subsection (4) are not
fulfilled in the case
of a proposal, but –
(a) all the persons where agreement is requisite agree on an alteratio
n of the
list, whether the alteration is that specified in the proposal or not; a
nd
(b) the agreement is reached without, or before the determination of,
any
appeal to the Valuation Tribunal with respect to an objection to the pro
posal,
the Valuation Officer shall cause that alteration to be made in the list
.
(6) In the case of a proposal to which neither subsection (4)
or (5) applies –
(a) where notice of objection to the proposal has been served and not
unconditionally withdrawn, and the proposal is not withdrawn, the Valuat
ion
Officer may, within the 6 months beginning with the relevant date, and s
hall not
later than the end of that period, transmit a copy of the proposal, and
of every
notice of objection which has not been unconditionally withdrawn, to the

President of the Valuation Tribunal appointed under this Act;
(b) where the proposal was made otherwise than by the Valuation Office
r, he
may, within the 5 months beginning with the relevant date, give notice i
n
writing to the person who made the proposal that he objects to the propo
sal,
and that the person, if he does not withdraw the proposal within 14 days
, will
be treated as intending to appeal against the Valuation Officer’s object
ion to
the proposal;

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(c) not less than 14 nor more than 20 days after the Valuation Officer
has
given notice under paragraph (b), he shall, unless the proposal has be
en
withdrawn, transmit a copy of the proposal to the President of the Valua
tion
Tribunal, together with a copy of the notice under paragraph (b), and
of any
notice of objection to the proposal which has been served under subsecti
on (3)
and has not been unconditionally withdrawn;
(d) where after 6 months from the relevant date the Valuation Officer
has not
given notice under paragraph (b), and no notice under subsection (3)
has been
served, or every such notice has been unconditionally withdrawn, then th
e
Valuation Officer shall be taken to be satisfied that the proposal is we
ll-
founded, and subsection (4) shall apply accordingly.
(7) Where, in accordance with subsection (6), the Valuation Officer
transmits a
copy of the proposal to the President of the Valuation Tribunal –
(a) he shall forthwith notify the fact that he has done so to the pers
on
who made the proposal, to any person who served a notice of objection
of which copy is transmitted with the copy of the proposal, and to the
Council; and
(b) the transmission of a copy of a proposal under subsection (6) sh
all
have effect as an appeal to the Valuation Tribunal, by the person who
made the proposal, against every objection (whether of the Valuation
Officer or of any other person), signified by a notice of which a copy
is
transmitted with the copy of the proposal.
(8)
The persons whose agreement is requisite for the purpose of
subsection (5) (a) are –
(a) the Valuation Officer;
(b) the person who made the proposal where the proposal was not made
by the Valuation Officer;
(c) any person who has served, and who has not withdrawn, a valid
notice of objection to the proposal;
(d) any ratepayer charged with rates on the property to which the
proposal relates, where he is not included by virtue of paragraph (b)
or
(c); and
(e) the Council, if not included by paragraphs (a) to (d), unless
it has
notified the Valuation Officer that it does not desire to be included by

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virtue of this paragraph, either generally or as respects a class of
property which includes the property to which the proposal relates.

83. Alteration made under proposals
(1) An alteration made in the valuation list in pursuance of a
proposal, whether
under section 82 or in accordance with a decision of the Valuation Tribu
nal or the
Supreme Court, shall, subject to the provisions of this section in relat
ion to any rate
current at the date when the proposal was served, be deemed to have had
effect as
from the commencement of the period in respect of which the rate was to
be levied.
(2) Notwithstanding subsection (1), an alteration in the valu
ation list which –
(a) consists of the inclusion in the valuation list of a newly erected
or newly
constructed property or an altered property which has become unusable on

account of structural alterations;
(b) is made by reason of a change in the value of a property caused by
the
making of structural alterations or by the total or partial destruction
of any
building or other erection by fire or any other physical cause; or
(c) is made by reason of any event whereby a property which is not lia
ble,
becomes liable, or which is liable, ceases to be liable,
shall have effect only as from the date when the new or altered property
becomes
occupied or as from the happening of the event by reason of which the al
teration is
made.
(3) (a) Where in pursuance of a proposal an alteration
is made in the
valuation list which affects the amount of any rate levied in respect of
any
property in accordance with the list, the difference, if too much has be
en paid,
shall be repaid or allowed or, if too little has been paid, shall be pai
d and may
be recovered as if it were arrears of the rate.
(b) In the event of any rate being due under this subsection a claim f
or the
amount due and payable shall be sent by the council within 14 days of th
e
receipt of the notification from the Valuation Officer under sections 81
and 82.
(4) In the event of a newly erected property coming into valuat
ion for the first
time and any rate being due in respect of it the Council shall send to t
he ratepayer a
claim for the amount due and payable within 14 days of the receipt of th
e notification
from the Valuation Officer under sections 81 and 82.

84. Rate to be levied notwithstanding appeal
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Any rate in respect of which the valuation list is conclusive shall be m
ade and levied in
accordance with the valuation list in force for the time being, and shal
l be collected and be
recoverable notwithstanding any appeal which may be pending with respect
to the list.

85. Clerical and arithmetical errors
(1) The Valuation Officer may cause to be made in the valuation
list any
alteration which is necessary to correct any clerical or arithmetical er
ror in the list
and the list shall have effect accordingly, but where the alteration is
made in respect
of any matter other than totals, the Valuation Officer shall, before cau
sing the
alteration to be made, send notice to the owner of the property affected
, and shall
allow 14 days to elapse during which the owner may object to the propose
d
alteration.
(2) Section 82 (3) to (6) shall apply with any necessary mo
dification to any
objection made under subsection (1).

86. Notice regarding general rate
The notice on which the general rate is levied shall specify-
(a)
the situation of the property in- respect of which the notice is issued
and such
description of the property as is reasonably necessary for the purpose o
f
identification;
(b)
the period in respect of which the rate is payable;

(c) the net annual value of the property;
(d) the percentage at which the rate is charged.

87. Service of notices
(1) Any notice or other documents required or authorised to be
sent or served
under or for the purposes of this Act relating to the assessment, levy a
nd payment of
the general rate maybe sent or served either –
(a) by delivering it to the person to or on whom it is to be sent or s
erved;
(b) by leaving it at the usual or last known place of abode of that pe
rson, or in
the case of a company, at its registered office;
(c) by forwarding it by post addressed to that person at his usual or
last known
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place of abode, or in the case of a company, at its registered office;
(d) by delivering it to some person apparently of at least the age of
16, on the
premises to which it relates or where there is no person on the premises
to
whom it can be so delivered, then by fixing it on some conspicuous part
of the
premises; or
(e) without prejudice to paragraphs (a) to (d) where the property
to which the
notice or document relates is a place of business of the person to or on
whom
it is to be sent or served, by leaving it at, or forwarding it by regist
ered post
addressed to that person at the same place of business.
(2) Any notice or other document relating to the levy and payme
nt of the general
rate by this Act required or authorised to be served on the owner of any
premises
may be addressed by the description of the “owner” of the premises (nam
ing them)
without further name or description.

88. Inspection of documents
(1) Any ratepayer may, at all reasonable times, inspect and tak
e copies of and
extracts from any rate book, whether current or closed, valuation list,
notice of
appeal, record of totals or minutes of the proceedings of the Council re
lating to the
general rate.
(2) (a) Subject to paragraph (b), the Council may, by regulation
s, provide for
the payment of a fee by a ratepayer for the inspection of any document u
nder
subsection (1).
(b) A ratepayer residing in the rating area shall b
e exempt from the
payment of the fee when the document is less than 10 years old.
(3) Where any person having the custody of any document to whic
h this section
applies –
(a) obstructs any person in making any inspection or copy of it or ext
ract from
it which he is entitled to make under this section; or
(b) demands, when not authorised by this Act, a fee for allowing him t
o do so,
he shall commit an offence and shall, on conviction, be liable for each
offence to a
fine not exceeding Rs 10,000.
(4) For the purposes of this section, “ratepayer” includes a
ny person authorised
in writing by a ratepayer to act on his behalf under this section.
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89. Power of entry
(1) The Valuation Officer and any person authorised by him may
at all
reasonable times and after giving not less than 24 hours notice in writi
ng, enter on,
survey and value any property in the area for which the Valuation Office
r acts.
(2) The Valuation Officer and every person authorised by him sh
all produce his
authority before entering on any property under subsection (1).
(3) Any person who wilfully delays or obstructs any person in t
he exercise of any
of his powers under this section shall commit an offence and shall, on c
onviction, be
liable to a fine not exceeding Rs 10,000.

90. Constitution of Valuation Tribunal
(1) There shall be established for the purposes of this Act, a
Valuation Tribunal
which shall consist of a President, who shall be a barrister who holds o
r has held
judicial office, to be appointed by the President on the recommendation
of the
Minister and of 2 members to be chosen, in such manner as may be prescri
bed,
from a panel which shall be appointed by the President on the recommenda
tion of
the Minister.
(2) The President may, on the recommendation of the Minister, r
evoke the
appointment of the President or of any member and, on the occasion of an
y vacancy
whether temporary or permanent, appoint another President or member, as
the case
may be.
Amended by [
Act No. 48 of 1991]; [ Act No. 30 of 1992]

91. Sittings of Tribunal
(1) The Tribunal shall sit at such place and at such time as th
e President of the
Tribunal shall decide.
(2) Where the Tribunal adjourns any proceedings, it may resume
them at such
place and at such time as the President of the Tribunal may determine.
(3) The procedure of the Tribunal shall, subject to such regula
tions as may be
made by the President, be such as the President of the Tribunal may dete
rmine, and
the Tribunal –
(a) shall, unless on the application of any party, the Tribunal is sat
isfied that
the interests of the party would be prejudicially affected, sit in publi
c;
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(b) may make such orders for requiring the attendance of persons and t
he
production of articles or documents as the Tribunal thinks necessary or
expedient;
(c) may take evidence on oath and may for that purpose administer oath
s.

(4) Any person who –
(a) fails to attend a sitting of the Tribunal after having been requir
ed to do so
under subsection (3);
(b) refuses to take an oath before the Tribunal or to answer fully and

satisfactorily to the best of his knowledge and belief any question lawf
ully put
to him in any proceedings, before the Tribunal or to produce any article
or
document when required to do so by the Tribunal,
shall commit an offence and shall, on conviction, be liable to a fine no
t
exceeding Rs 10,000 and to imprisonment for a term not exceeding 12 mont
hs.
Amended by [
Act No. 48 of 1991]

92. Decisions of Tribunal
(1) in the case of disagreement among the members of the Tribun
al, the
decision of the majority shall be deemed to be the decision of the Tribu
nal.
(2) Subject to section 93, any decision of the Tribunal shall b
e final and binding
on the parties.

93. Statement of case for Supreme Court
(1) Within 21 days of the date of the determination of any matt
er by the Tribunal,
any party thereto, if dissatisfied with the determination as being erron
eous in point of
law, may declare his dissatisfaction to the Tribunal.
(2) The party, having declared his dissatisfaction, may, within
21 days after the
determination, by notice in writing, require the Tribunal to state and s
ign a case for
the opinion of the Supreme Court.
(3) Any appeal under this section shall thereafter be prosecute
d in the manner
to be provided by Rules of Court.
Amended by [
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LOCAL GOVERNMENT ACT 1989

94. Tenant’s tax
(1) A Council may make regulations to levy a tenant’s tax on ev
ery tenant of
immovable property situate within its boundaries and used for commercial
, industrial,
professional purposes and activities other than private residential purp
ose.
(2) Tenant’s tax shall be payable by the tenant monthly or at s
uch other times as
the Council may direct.
(3) “Rent”, for the purposes of the tenant’s tax, means the
amount paid or
payable, monthly or otherwise, by a tenant or occupier, in respect of th
e whole or
part of the property, whether under a written or verbal lease, or as an
indemnity for
use and occupation of the property, but does not include any sum paid by
the tenant
or occupier in respect of the use of furniture or other services provide
d by the lessor.

95. Returns of rent
(1) Where immovable property situate within the limits of a tow
n is let at a
monthly rent of such amount as the Council may by regulations determine
–
(a) the owner of the property shall within 7 days after the property h
as been let,
send to the Council a return showing the name of the tenant and the amou
nt of
the rent;
(b) the tenant or occupier of the property shall within 7 days after r
enting or
occupying the property, send to the Council a return showing the name an
d
address of the owner of the property, the situation of the property and
the
amount of the rent paid by him;
(c) the owner and the tenant or occupier of the property shall within
7 days
after the tenant or occupier has vacated the property, inform the Counci
l in
writing of the fact;
(d) the owner and the tenant or occupier of the property shall notify
the Council
of any increase or reduction in rent within 7 days after the increase or

reduction takes effect.
(2) Any owner tenant or occupier who makes a false return or ot
herwise fails to
comply with this section, shall commit an offence and shall, on convicti
on, be liable
to a fine not exceeding 5,000 rupees.
(3) In this section, “owner”, “tenant” or “occupier” incl
udes and applies to any
agent of the owner, tenant or occupier when the owner, or tenant occupie
r is absent
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LOCAL GOVERNMENT ACT 1989
from Mauritius.

96. Oral evidence to prove occupation
The Council shall, in all proceedings in connection with the tenant’s ta
x, be entitled to the
same right with regard to oral evidence as is granted to parties suing u
nder section 166 of
the Courts Act.

97. Government exempted from tenant’s tax
The Government shall be exempt from payment of tenant’s tax.

98. Collection of tax
(1) Notice in writing requiring payment within 14 days of the t
enant’s tax shall be
given to the occupier of the premises in respect of the occupation of wh
ich the tax is
levied.

(2) The notice shall –
(a) be served upon the person liable or sent to him by registered post
;
(b) where the occupier or in his absence from Mauritius, the agent of
the
occupier, cannot be found, be posted up in a conspicuous place on the
property.

99. Publication of regulations
The publication of regulations made by the Council for the purposes of s
ections 74 to
98shall not require the approval of the Minister.

100-101 Repealed by [
Act No. 23 of 2004]

102. General rate fund
(1) All receipts of an urban authority, including the rents and
profits derived from
land, either belonging to or administered by the authority, shall be car
ried to the
general rate fund and all liabilities falling to be discharged by the au
thority shall be
discharged out of the fund.
(2) An account, called the general rate fund account, shall be
kept of all receipts
carried to, and payments made out of, the general rate fund.

103. Payments to and out of general rate fund
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LOCAL GOVERNMENT ACT 1989
(1) All payments to and out of the general rate fund shall be m
ade to and by the
treasurer.
(2) (a) All payments out of the general rate fund shall be made af
ter the
approval of the Council and the chief executive has been obtained, and s
uch
approval may cover several payments.
(b) No payments shall be made under paragraph (a) unless they relate
to
items included in estimates approved under section 105;
(c) Notwithstanding subsection (a), payments out of the general fund
may be
approved by the chief executive, the mayor and the deputy mayor during t
he
period from Nomination Day to the constitution of a new council in the y
ear in
which a general municipal election is held.

104. Capital and other funds
A municipal or district council may establish –
(1) (a) a capital fund to be used for defraying any exp
enditure of the
authority to which capital is properly applicable;
(b) a renewal or repairs’ fund to be used for the purpose of defray
ing
expenditure to be incurred in repairing, maintaining, replacing and rene
wing
any buildings, works, plant, equipment or articles belonging to the auth
ority;
(c) such other funds as may be approved by the Minister.
(2) Any withdrawal from the funds specified in subsection (1)
shall require the
prior approval in writing of the Minister.

105. Annual estimates
(1) (a) Every urban authority shall, 3 months before th
e end of a
financial year, draw up an estimate of the income and expenditure of the

authority for the next financial year, whether on account of property
contributions, rates, loans or otherwise, and containing such other info
rmation
as the Minister may require.
(b) The estimates shall be drawn up in such form as the Minister may
prescribe.
(2) The estimate shall be signed by the chief executive and the
treasurer.
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LOCAL GOVERNMENT ACT 1989
(3) (a) An attested copy of the estimate shall be sent to the Mini
ster for his
approval not later than 31 May of the year before the financial year to
which
the estimates relate and another copy shall be deposited in a suitable p
lace in
the office of the local authority where it may be inspected by any duly
registered elector of the urban authority concerned.
(b) The Minister may approve the estimates in whole or in part as he t
hinks fit.
(4) (a) The expenditure of an authority during any year shall not
exceed the
amount laid down in the approved estimate for that year.
(b) Subject to the approval of the Minister, the authority may amend t
he
approved estimate in any year.

106. Vote on account
(1) Subject to the other provisions of this section, where-
(a) an urban authority has failed to comply with section 105 (1); or
(b) the Minister has not approved an estimate drawn up by an urban aut
hority
in accordance with section 105 (3),
the Minister may authorise the urban authority to incur expenditure in r
espect of the
financial year for which no estimate has been drawn up or approved under
section
105 (1) or (3), as the case may be, at a monthly rate which shall no
t exceed one-
twelfth, or such other fraction as the Minister may determine, of the ap
proved
estimate for the immediately preceding financial year.

(2) An authority under subsection (1) shall –
(a) be valid for such period as the Minister may determine;
(b) lapse on the approval by him of the estimate of the urban authorit
y in
accordance with section 105 (3),
whichever is the earlier.
(3) Any expenditure incurred under this section shall be deemed
to have been
incurred in anticipation of the Minister’s approval of an estimate under
section 105
(3).

107. District council fund
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LOCAL GOVERNMENT ACT 1989
(1) All money received by a district council under this Act sha
ll be paid into the
district council fund and all liabilities to be discharged by the distri
ct council shall be
discharged out of the fund.
(2) A district council may establish a reserve fund, with money
from the district
council fund which shall be operated in such manner as may be prescribed
.
(3) All payments out of the district council fund shall be made
after the approval
of the Council and the Chief Executive has been obtained, and such appro
val may
cover several payments.
Amended by [
Act No. 30 of 1992]

108. Allocation of funds
(1) A district council shall allocate, for specific or general
purposes, from the
district council fund such sum of money as the Council shall, subject to
the Minister’s
approval, make to each of the village councils set up within the jurisdi
ction of that
district council.
(2) At least 50 per cent of the fees, dues and other charges th
at may be levied
by a District Council under section 100 from any undertaking within a pa
rticular
village council area shall be spent for the benefit of that village.

109. Estimates of district council
(1) A district council shall, three months before the end of a
financial year, draw
up an estimate of the income and expenditure of the council for the next
financial
year.
(2) The estimate shall be signed by the chief executive and the
treasurer.
(3) An attested copy of the estimate, together with a statement
of estimated
assets and liabilities in a prescribed form shall be sent to the Ministe
r not later than
31 May next ensuing for approval.
(4) The Minister may disallow the whole or any part of the esti
mate.
(5) (a) The expenditure of a district council during any financial
year shall not
exceed the amount laid down in the approved estimate for that year.

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(b) Notwithstanding paragraph (a), the council may, subject to the a
pproval of
the Minister, amend the approved estimate in any year.

110. Assessment of premises
(1) The Minister may cause to be made an assessment of all prem
ises, or of any
specified class of premises, within the area of any district for the pur
pose of levying
rates or taxes.
(2) (a) The assessment shall be carried out by such persons as may
be
authorised by the Permanent Secretary.
(b) On production of a written authority signed by the Permanent Secre
tary,
such person may enter at all reasonable times any premises for the purpo
se of
carrying out the assessment.
(3) (a) The Permanent Secretary shall cause a notice to be served
by
registered post on every owner of premises or his agent informing him of
the
assessment of his premises and, where the owner or his agent cannot be
found, the notice shall be posted up in a conspicuous place on the premi
ses
assessed.
(b) A list showing the names of the owners and the assessment made of
their
premises shall be posted up at the village hall for a period of one mont
h after
each assessment.
(4) Any person aggrieved by any assessment may, within 14 days
of receiving
the notification of the assessment, enter an action objecting to the ass
essment
before the Valuation Tribunal.
(5) Any person who assaults or obstructs any person authorised
to make an
assessment under this section in the execution of his duty, shall commit
an offence
and shall, on conviction, be liable to a fine not exceeding Rs 10,000 an
d to
imprisonment for a term not exceeding 12 months.
(6) In this section, “premises” and any building or part
of any building used for
any purpose.
(7) A district council may impose and collect such rates and ta
xes as may be
authorised by the President.
Amended by [
Act No. 48 of 1991]

111. Village council fund
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LOCAL GOVERNMENT ACT 1989
(1) All money received by a village council under this Act shal
l be paid into the
village council fund and subject to section 112 all liabilities to be di
scharged by the
village council shall be discharged out of that fund.
(2) The village council fund shall be managed by the Secretary-
Treasurer under
the control of the village council and all money received in the fund sh
all be
deposited in a bank or with the district council concerned.
(3) A village council may establish a reserve fund with money f
rom the village
council fund which shall be operated in such manner as may be prescribed
.

112. Estimates of village council
(1) A village council shall in February every year draw up an e
stimate of the
income and expenditure of the council for the next financial year.
(2) The estimate shall be signed by the Secretary-Treasurer and
countersigned
by the Treasurer and the chief executive of the district council.
(3) (a) Two certified copies of the estimate together with a state
ment of
estimated assets and liabilities shall on or before 7 March next ensuing
be sent
to the district council in which the village is included for considerati
on.
(b) The district council shall after consideration forward one of the
copies to the
Minister with their comments.

(4) The Minister may disallow the whole or any part of the
estimate.
(5) (a) The expenditure of a village council during any financial
year shall not
exceed the amount laid down in the estimate approved by the Minister.
(b) Notwithstanding paragraph (a), the council may amend the approve
d
estimate in any year, subject to the approval of the Minister, after ref
erence to
the district council for their comments.

113. Privilege in regard to rates and taxes
(1) Rates and taxes levied by a local authority under this Act
shall be privileged.
(2) (a) The privilege shall rank immediately after the
privileges
enumerated in article 2148 of the Code Napoléon and shall operate
independently of inscription on any immovable or movable property belong
ing
to the ratepayer or taxpayer, as the case may be, wherever such property
may
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LOCAL GOVERNMENT ACT 1989
be found.
(b) Nothing in this section shall affect the rights granted to an urba
n authority
by the Attachment (Rates and Taxes) Act and the Courts (Civil Procedu
re) Act.
(3) (a) No action shall be brought in respect of a claim for gener
al rate or
tenant’s tax unless it is brought within 5 years, from the date on which
the rate
or tax, as the case may be, became due.
(b) Where there has been a failure on the part of an owner, tenant or
occupier
to give the notice required under section 95, the prescriptive periods u
nder this
section shall begin to run from the date on which it first came to the k
nowledge
of the local authority that the tax was due.

114. Recovery by summary process

All rates, taxes, fees and other charges of any kind due to a local auth
ority under this Act,
the recovery of which is not specially provided for under this Act, shal
l be recoverable by
summary judicial process in the manner provided by the Recovery of State
Debts Act, and
where any act is required to be done or duty to be performed by the Acco
untant-General
under that Act, that act or duty may be performed by the treasurer of th
e authority.

Amended by [
Act No. 48 of 1991]

115. Application of sections 116 to 125
Sections 116 to 125 shall apply to local authorities other than village
councils.

116. Purposes for which money may be borrowed
(1) Subject to subsection (2), a local authority may, with th
e consent of the
Minister, borrow such sums as may be required –
(a) for acquiring any land which the local authority may require;
(b) for erecting any building which the local authority has power to e
rect;
(c) for the execution of any permanent work, the provision of any plan
t or the
doing of any other thing which the local authority has power to execute,

provide or do, where, in the opinion of the Minister, the cost of carryi
ng out that
purpose ought to be spread over a term of years.

(2) In no case, without the consent of the Minister, shall-

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(a) the total debt of the local authority exceed the amount of revenue
of 6
years immediately preceding the year of any loan;
(b) loan charges, inclusive of principal and interest, exceed 20 per c
ent of the
total revenue of the local authority for the preceding year.

117. Period of repayment of money borrowed
Every sum borrowed shall be repaid within such period as the local autho
rity, with the
consent of the Minister, may determine.

118. Modes of borrowing
Where a local authority is authorised to borrow money, it may, subject t
o this Part, raise
the money –
(a) on the security of the revenues or other property of the au
thority, movable or
immovable, or of any part thereof by mortgage or otherwise; or
(b) with the consent of the Minister, by way of debentures or b
onds issued under
this Part.

119. Return to Minister
(1) The chief executive shall, within one month after being req
uested so to do by
the Minister, transmit to the Minister a return showing the provision ma
de for the
repayment of money borrowed by the authority.
(2) The return shall show such particulars, shall be made up to
such date, and
shall be in such form, as the Minister may require, shall be certified b
y the treasurer
or other person whose duty it is to keep the accounts of the authority,
and shall, if so
required by the Minister, be verified by a statutory declaration made by
that person.

120. Powers of Minister in relation to return
(1) Where it appears to the Minister from any return made under
section 119 or
otherwise that a local authority –
(a) has failed to appropriate to the discharge of any loan any sum req
uired to
be so appropriated;
(b) has failed to pay any instalment or annual payment required to be
paid;
(c) has failed to set apart any sum required for a sinking fund; or
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(d) has applied any portion of a sinking fund to a purpose other than
that
authorised,
the Minister may, by order, direct that such sum as is specified in the
order, not
exceeding the amount in respect of which default has been made, shall be
paid or
applied in the manner and by the date set out in the order, and the loca
l authority
shall notify the Minister as soon as the order has been complied with.
(2) An order made under subsection (1) may be enforced, at th
e instance of the
Minister, by an order of mandamus issued by the Supreme Court.
(3) Where a return required to be made under this section is no
t made, the
person in default shall commit an offence and shall, on conviction, be l
iable, on
conviction, to a fine not exceeding 5,000 rupees and notwithstanding the
recovery of
any such fine the making of the return may be enforced, at the instance
of the
Minister, by an order of mandamus issued by the Supreme Court.

121. Balance of unutilised money
The balance of any money borrowed by a local authority and not required
for the purposes
for which the money was borrowed may, with the consent of the Minister a
nd subject to
any conditions which he may impose, be applied to any other purpose for
which capital
money may be applied.

122. Register of mortgages
(1) The chief executive of a local authority shall keep at the
office of the
authority a register of mortgages created under this Act
(2) Within 14 days after the date of mortgage, the chief execut
ive of the authority
shall cause an entry to be made in the register of the number and date o
f the
mortgage, of the names and descriptions of the parties to it, and of the
amount
borrowed, as stated in the deed, and of such further information as the
authority may
require.
(3) On production to the chief executive of the authority of th
e deed of mortgage,
and –
(a) in the case of a transfer of a mortgage, of a duly executed deed o
f transfer;
(b) in the case of a transmission of a mortgage by the death of a pers
on 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
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estate and succession of the deceased;
(c) in the case of a transmission of a mortgage otherwise than as spec
ified in
paragraphs (a) and (b), of satisfactory evidence of the transmission
,
and on payment of any sum, as the local authority may determine, the chi
ef
executive shall cause an entry to be made in the register of the date of
the transfer
or transmission, and of 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 entit
led to a
mortgage shall forthwith be notified to the chief executive of the local
authority who,
on being satisfied of the change shall alter the register accordingly.
(5) The register shall be open during office hours to inspectio
n without payment
by a duly registered local government elector or any interested party.

(6) Where any person –
(a) having the custody of the register refuses inspection of the regis
ter to any
person; or
(b) being required under this section to make any entry in the registe
r, refuses
or wilfully neglects so to do,
he shall commit an offence and shall, on conviction, be liable to a fine
not exceeding,
in the case of an offence under paragraph (a) 5,000 rupees or, in the
case of an
offence under paragraph (b)10,000 rupees.

123. Debenture regulations
(1) For the purpose of any borrowing by a local authority by me
ans of an issue
of debentures or bonds under this Part, debentures or bonds may be creat
ed,
issued, transferred, dealt with, and redeemed in such manner as may be p
rescribed.
(2) Without prejudice to the generality of the above power the
regulations made
under this section may provide for the discharge of any loan so raised,
for the
payment of interest on money secured by debentures or bonds; and for the

application of the enactments relating to stamp duties.

124. Repayment of money borrowed on mortgage
(1) Every sum borrowed by a local authority by way of mortgage
shall be paid off
either by equal yearly or half yearly instalments of principal, or of pr
incipal and
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interest combined, or by means of a sinking fund, or partly by one of th
ose methods
and partly by another or others of them.
(2) Unless otherwise directed by the Minister, the payment of t
he first instalment
or the first payment, to the sinking fund shall be made within 12 months
or, where
the money is repayable by half-yearly instalments, within 6 months from
the date of
borrowing.

125. Temporary loans and overdrafts
(1) A local authority may, with the prior consent in writing of
the Minister, borrow
by way of temporary loan or overdraft from a bank or otherwise, any sums
not
exceeding in total 2 million rupees which it may temporarily require for
the purpose
of defraying expenses –
(a) 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 authority for that period;
(b) pending the raising of loan which the authority has been authorise
d to
raise, expenses intended to be defrayed by means of the loan.
(2) Where money is borrowed under subsection (1) (b) and su
bsequently the
loan is raised, then, for the purposes of this Part regulating the repay
ment of that
loan, the loan shall, to the extent of the sum borrowed be deemed to hav
e been
raised at the time when the borrowing took place.

126. Loans to employees
(1) Subject to the other provisions of this section, a local au
thority other than a
village council may make a loan to any of its employees for the purchase
of a bicycle
or a motor vehicle to be used by the employee in the performance of his
duties.

(2) A loan under subsection (1) –
(a) shall not exceed such sum as the Minister may determine;
(b) shall be on such terms and conditions as the local authority may,
with the
approval of the Minister, determine;
(c) shall be repaid, with interest, within such period as the Minister
may
determine.
(3) A local authority shall not make a loan to an employee wher
e any loan
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previously made to the employee has not been repaid.

127. Keeping of accounts
(1) Every local authority shall keep books in a form to be appr
oved by the
Minister in which shall be entered true and regular accounts of all mone
y received
and paid on account of the authority and of the several purposes for whi
ch money
may have been received or paid.
(2) Those books shall at all reasonable times be open to the in
spection of the
Director of Audit.

128. Accounts to be made and audited yearly
(1) All accounts of a local authority shall be subject to audit
by the Director of
Audit and shall be made up yearly to the end of the financial year or to
such other
date, as the Minister may either generally or in any special case direct
, and shall be
audited as soon as may be thereafter.
(2) The authority shall pay in respect of the audit of accounts
carried out by the
Director of Audit such fees as the Minister may after consultation with
the authority
determine.

129. Accounts of local authorities
(1) The accounts of a local authority shall be made up yearly t
o the end of the
financial year or to such other date as the Minister may either generall
y or in any
special case direct and shall be submitted to the Director of Audit with
in 4 months of
the end of the financial year, or of such other date, as the case may be
.
(2) Where the authority fails to comply with this section with
respect to a
statement of accounts, through the negligence or misconduct of the offic
er of the
authority whose duty it is to keep the accounts which ought to be compri
sed in the
statement of accounts, the officer shall commit an offence and shall, on
conviction,
be liable, to a fine not exceeding Rs 5000, and notwithstanding the reco
very of any
such fine, compliance with this section may be enforced, at the instance
of the
Minister, by mandamus.

130. Deposit of accounts
(1) A copy of every account which is subject to audit by the Di
rector of Audit,
duly made up and balanced, and all rate books, accounts books, deeds, co
ntracts,
accounts, vouchers and receipts, relating to the accounts, shall be depo
sited in the
appropriate office of the authority, and shall for 7 clear days before t
hey are
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produced and submitted to the Director of Audit be open at all reasonabl
e hours to
the inspection of all persons interested, and any such person may make c
opies of, or
extracts from, the deposited documents, without payment.
(2) Where any officer of a local authority duly appointed in th
at behalf neglects
to makeup the accounts and books specified in subsection (1), or, exce
pt with the
consent of, or in accordance with directions given by, the Director of A
udit, alters, or
allows to be altered, the accounts and books when so made up and deposit
ed, or
having the custody of such accounts and books refuses to allow inspectio
n of them,
he shall commit an offence and shall, on conviction, be liable to a fine
not exceeding
Rs 5,000.
(1)
Before each audit a local authority, on receiving from the Director of A
udit the
requisite appointment, shall, by advertisement in 2 or more daily local
newspapers,
give at least 14 days’ notice of the deposit of accounts required by thi
s section and
the production of the newspaper containing the notice shall be sufficien
t proof of the
notice in any legal proceedings.

131. Production of documents

(1) The Director of Audit may, by writing under his hand, requi
re the production
before him of all council minutes, books, deeds, contracts, accounts, vo
uchers,
receipts and other documents which he thinks necessary for the purpose o
f the
audit, and may require any person holding or accountable for, any such d
ocument to
appear before him at the audit or any adjournment of it, and may require
any such
person to make and sign a declaration as to the correctness of the docum
ent.
(2) Any person who neglects or refuses to comply with any such
requirement,
shall commit an offence and shall, on conviction, be liable to a fine no
t exceeding Rs
5,000.

132. Right of objection
A local government elector for the area or any person qualified to be an
auditor under
section 102A of the Companies Act 1984 who has been appointed in writing
by the elector
may submit to the Director of Audit an objection to the accounts.

133. Report on accounts
(1) (a) At the conclusion of the audit the Director of
Audit shall report
on the accounts audited and examined and shall certify the correctness o
f the
statement of accounts referred to in section 129 subject to any qualific
ation he
may include in his report.

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(b) The report shall state whether the instructions of the Minister in
regard to
the statement have been duly complied with.
(2) (a) The Director of Audit shall send the certified statement o
f accounts
together with his report to the local authority and a copy of the statem
ent and
of the report to the Minister.
(b) The authority shall take the report into consideration at its next
ordinary
meeting or as soon as practicable thereafter.

(3) The Director of Audit shall include in his report refer
ence to –
(a) any item of account which, in his opinion, is contrary to law;
(b) any loss or deficiency which, in his opinion, is due to the neglig
ence or
misconduct of any person;
(c) any sum which, in his opinion, ought to have been brought to accou
nt but
which, due to wilful default or negligence, has not been brought into ac
count;
(d) any order signed or payment made contrary to section 103.

134. Publication of audited accounts
The balance sheet and revenue and expenditure account as finally certifi
ed and the
Director of Audit’s report referred to in section 133 (1) shall be pub
lished by the local
authority in the Gazette within 14 days after their receipt by the autho
rity.

135. Powers of Minister
The Minister may –
(a) direct a local authority to provide him, within such time a
s he may specify,
with such additional information as he may require in respect of any ite
m referred to
in section 133(3).
(b) direct that the whole or part of any amount referred to in
section 133(3) be
refunded or paid to the authority by the person or persons responsible.

136. Recovery of sums certified to be due
Any sum payable under section 135 (b) shall be recoverable in the mann
er provided by the
Recovery of State Debts Act and where any act is required to be done or
duty to be
performed by the Accountant-General for the recovery of any debt under t
hat Act, the act
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may be done or duty performed by such officer as the Minister may author
ise in writing.

Amended by [
Act No. 48 of 1991]

137. Inspection of books, accounts and vouchers
(1) Any officer duly authorised in writing by the Minister may
inspect the books,
accounts, vouchers, deeds, contracts, receipts, and all other documents
of a local
authority.
(2) Every local authority which may be so required by such offi
cer shall within
the time fixed by him, give in writing all such information as may be de
manded from
it by the officer for the purpose of carrying out his inspection.
(3) For the purpose of obtaining further information in respect
of the affairs of
any local authority, the officer may give notice to the local authority
or to any of its
officers requiring the local authority or any of its officers within the
time limited by the
notice, which time shall not be less than 14 days from the date of the s
ervice of the
notice, to allow him to inspect any of the documents specified at subsec
tion (1).
(4) Where a local authority or any of its officers neglects or
refuses to comply
with any such requirement the authority or officer shall commit an offen
ce and shall,
on conviction, be liable to a fine not exceeding Rs. 10,000.

138. Abandonment of revenue
Subject to any regulations made by the Minister under this Act, no claim
s for arrears of
revenue shall be abandoned and no loss of revenue shall be written off e
xcept with the
express permission in writing of the Minister.

139. Returns to be furnished by local authority
Subject to any specific provisions of this Act relating to the furnishin
g of returns, a local
authority shall furnish to the Minister such returns concerning its reve
nue and expenditure
at such times and containing such particulars as the Minister may determ
ine.
PART VII – REGULATIONS

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

141. Regulations by municipal and district councils

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A municipal or district council may make regulations to provide for anyt
hing which it may
provide for under this Act and not specifically provided for and general
ly for the good rule
and government of the whole or any part of the town or district, as the
case may be, and
for the prevention and suppression of nuisance therein.

142. Fines for offences against regulations
(1) Regulations made by the Minister or by a municipal or distr
ict council under
this Act may, except where otherwise provided, provide –
(a) that any person who contravenes them shall commit an offence and s
hall,
on conviction, be liable to a fine not exceeding Rs 10,000 and, in the c
ase of a
continuing offence to an additional fine not exceeding Rs 100 for each d
ay
during which the offence continues after conviction;
(b) for the seizure, confiscation or forfeiture of any article which i
s the subject-
matter of the offence.
(2) No prosecution for a breach of the regulations shall commen
ce after one
year from the date on which the breach is committed.

143. Regulations by village councils
(1) A village council may make regulations for the efficient di
scharge of its
functions under this Act.
(2) After any regulation has been passed by the Council it shal
l be submitted for
the approval of the Minister and if approved it shall be published in th
e Gazette and
shall be affixed to a board provided for the purpose outside the Village
Hall or the
building in which the Council normally meets, and shall thereupon come i
nto
operation.
(3) Any such regulations may provide –
(a) for the payment of fees and charges in connection with matters wit
h which
a village council is required or empowered to deal under this Act or any
other
enactment;
(b) that any person who contravenes them shall commit an offence and s
hall,
on Conviction, be liable to a fine not exceeding Rs 5,000;
(c) that, in addition to the penalty provided for by paragraph (b),
any expenses
incurred by a village council in consequence of a breach of such regulat
ions,
or in the execution of any work directed by any regulations to be execut
ed by
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any person and executed by him, shall be paid by the person committing s
uch
breach or failing to execute such work, and the amount of such expenses
shall
be recoverable as a debt due from that person to the village council.

144. Regulations for local authorities

The Minister may make regulations to provide for any matter dealing with
the setting up of
any local authority and the way in which it is to function and generally
for carrying into
effect the provisions of this Act relating to local authorities.
PART VIII – DEALINGS IN LAND

145. State lands in Port Louis
(1) (a) The Municipal Council of Port Louis is vested with the con
trol and
maintenance of the public or State land in the town of Port Louis, known
as
Champ de Mars;
(b) The Council shall not sell, lease, occupy or build on that land, w
ithout the
sanction of the President, and shall prevent any person from occupying,
or
building on that land without the sanction of the President;
(c) The State may, at any time, resume its full rights over the whole
or any part
of the land, if required for public purposes, upon giving notice to the
council;
(d) All buildings and other property belonging to the Municipal counci
l of Port
Louis which are on the land at the time of such reversion may be removed
by
order of the council.
(2) (a) The Municipal Council of Port Louis shall be vested with t
he control
and maintenance of the 6 portions of State land situate at Guy Rozemont
Square in the town and district of Port Louis, and described in Part II
of the
Fifth Schedule, and shall provide and maintain a proper and sufficient r
oadway
on each side of Guy Rozemont Square for the purpose of access to the for
mer
War Department property and other property situate there;
(b) The Council shall maintain the portion A as a roadway and such roa
dway
shall bear the name of Decaen Street;
(c) The Council shall maintain the portion F as a passage so as to giv
e free
access to the former War Department property and such passage shall bear

the name of Bouvet Lane.
Amended by [
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146. Power to acquire land by agreement
(1) Subject to subsection (2), a local authority may, for the
purpose of any of its
functions under this Act or any other enactment by agreement acquire, wh
ether by
way of purchase, lease or exchange, any land whether situate within or o
utside the
area of the local authority.
(2) (a) No land shall be acquired by way of purchase or
lease where
the price or rent to be paid exceeds that fixed by the Government Valuer
;
(b) No land shall be acquired by way of exchange where the value of th
e land
intended to be received in exchange is below the value fixed by the
Government Valuer in respect of the land which it is proposed to exchang
e.

147. Acquisition of land in advance

(1) A local authority may with the consent of and subject to an
y conditions
imposed by the Minister, acquire by agreement, whether by way of purchas
e, lease
or exchange, any land whether situate within or outside the area of the
local
authority, for any purpose for which the local authority is authorised b
y this Act or
any other enactment to acquire land, notwithstanding that the land is no
t immediately
required for that purpose.
(2) Any land acquired under this section may, until it is requi
red for the purpose
for which it was acquired, be held and used for the purpose of any of th
e functions of
the local authority.

148. Power to appropriate land

(1) Subject to subsection (2), any land belonging to a local
authority and not
required for the purposes for which it was acquired or has since been ap
propriated
may, with the approval of the minister be appropriated for any other pur
pose for
which the local authority is authorised to acquire land.
(2) The local authority shall not on any land so appropriated c
reate or permit any
nuisance.
(3) The appropriation of land by a local authority shall be sub
ject to any
covenant or restriction affecting the use of the land in its hands.

149. Power to sell or exchange land
(1)
Subject to subsection (2) a local authority may with the consent of th
e Minister-
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(a) sell any land it possesses; or
(b) exchange any land which it possesses for other land either with or
without
paying or receiving any money for equality of exchange.
(2) No land shall be sold or exchanged where the price offered
or the value of
the land intended to be received in exchange is below the market value o
f the land
which it is proposed to sell or exchange.

150. Use of capital money
(1) Capital money received by a local authority in respect of a
transaction under
section 148 or 149 shall be used in such manner as the Minister may appr
ove
towards the discharge of any debt of the local authority or otherwise fo
r any purpose
for which capital money may properly be used.
(2) Where capital money is used under this section for a purpos
e other than that
for which the land which was the subject of the transaction was held, su
ch
adjustment shall be made in the accounts of the local authority as the M
inister may
direct.

151. Lease granted by local authority
(1) No lease of land belonging to a local authority shall be gr
anted or renewed
for a period exceeding 10 years except in such cases as may be approved
by the
Minister.
(2) Failure to comply with this section shall render the lease
null and void to all
intents and purposes.
Amended by [
Act No. 30 of 1992] PART IX -ALTERATION OF LOCAL GOVERNMENT ADMINISTRATIVE AREAS

152. Alteration of existing areas
(1) The President may by Proclamation alter the boundaries of a
ny town, district
or village, after consultation with the local authority concerned.
(2) A Proclamation made under subsection (1) may contain such
consequential
or supplementary provisions with respect to administrative arrangements
as may
appear to be necessary and proper for the purpose of such Proclamation a
nd for
giving full effect to it and, without prejudice to the generality of the
foregoing
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provision, may –
(a) provide for the abolition or establishment or the restriction or e
xtension of
the jurisdiction of any local authority in or over any part of the area
affected by
the Proclamation;
(b) provide for the name of any altered area;
(c) provide for the adjustment or alteration of the boundaries of any
area
affected by the Proclamation, and for the constitution and election of t
he local
authorities in any such area;
(d) deal with the functions or area of jurisdiction of any local autho
rity within the
area affected by the Proclamation, and with the costs and expenses of an
y
such authority;
(e) determine the status of any area affected by the Proclamation as a

component part of any large area, and may extend to any altered area the

provisions of any local enactment which was previously in force in a por
tion of
the area, or exclude from the application of any local enactment any par
t of the
altered area to which it previously applied in such a way that such exte
nsion or
exclusion shall not, without their consent, affect the powers or the dut
ies of any
statutory undertakers;
(f) make temporary provision for disposing of the assets, or for meeti
ng the
debts and liabilities of the various local authorities affected by the
Proclamation, for the management of their property, and for regulating t
he
duties, position and remuneration of officers affected by the Proclamati
on;
(g) provide for the transfer of any writs, process, records, and docum
ents
relating to or to be executed in any part of the area affected by the
Proclamation, and for determining questions arising from such transfer;
(h) provide for the adjustment of any property, debts and liabilities
affected by
the Proclamation and for the continuance in office of any local authorit
y for the
purposes of such adjustment.
(3) A Proclamation made under this Part may, as respects any ar
ea affected by
the Proclamation, contain such incidental, consequential or supplemental
provision
as may be necessary for the total number of councillors, if any, and the
first election
of councillors for any new or altered area.
Amended by [
Act No. 48 of 1991]

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153. Creation of new areas
For the purposes of this Act, the President may by Proclamation –
(a) create any area a town and extend to that town the provisio
n of this Act
relating to towns;
(b) declare that the provisions of this Act relating to distric
ts shall apply to any
district not already governed by such provisions;
(c) create any area a village and extend to that village the pr
ovisions of this Act
relating to villages.
Amended by [
Act No. 48 of 1991]

154. Power to change name of town or village
(1) The President may by Proclamation –
(a) on the recommendation of the urban authority change the name of an
y
town;
(b) on the recommendation of a village council and with the approval o
f the
Minister, change the name of any village.
(2) A change of name made under this section shall not affect a
ny rights or
obligations of any urban authority or village council, or person or rend
er defective
any legal proceedings and any legal proceedings may be commenced or cont
inued
as if there had been no change of name.
Amended by [
Act No. 48 of 1991]

155. Supplement any provisions for new area
(1) Where a new administrative area is created under section 15
3, the President
may in the Proclamation creating such area, or in any subsequent Proclam
ation he
thinks necessary to make to supplement that Proclamation –
(a) fix the number of members of the local authority to be responsible
for the
local government of that area;
(b) fix the date on which the first members shall retire from office,
and
(c) fix such dates, times and places, and provide for the election of,
or appoint,
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such persons to perform such duties, and make such temporary modificatio
ns
of this or any other Act, applying to that area, as may appear necessary
or
proper to the President for making such provisions applicable to the fir
st
constitution of the local authority.
(2) The dates, times and places fixed by such Proclamation, and
any persons
mentioned in the Proclamation to perform any duties shall, as regards th
e area
created by the Proclamation, be respectively substituted in any provisio
ns applied by
the Proclamation for the dates, times, places and persons mentioned in s
uch
provisions, and the persons mentioned in the Proclamation shall have the
like
functions, and be subject to the like penalties, as the officers and per
sons mentioned
in those provisions.
(3) Subject to the provisions of the Proclamation creating a ne
w area all Acts
including this Act, applying to an area such as that created by the Proc
lamation
shall, on such Proclamation coming into effect, apply to the area create
d by the
Proclamation and where the first mayor, deputy mayor, chairman, vice-cha
irman,
and member 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 name
d, shall
apply to their first election.
Amended by [
Act No. 48 of 1991]

156. Amendment of Schedules by Proclamations
Where, upon the creation of a new local authority, it is necessary to pr
ovide in respect of
such local authority in any Proclamation referred to in section 155 (1)
for any of the
matters dealt with in the First, Second and Fourth Schedules, the Presid
ent may by that
Proclamation amend those Schedules.

Amended by [
Act No. 48 of 1991]; [ Act No. 30 of 1992]

PART X – MISCELLANEOUS

156A. Control of waste
(1)
The Permanent Secretary shall make arrangements for
(a) the collection and disposal of waste;
(b) the operation and management of disposal sites.
(2) In making arrangements under subsection (1), the Permanen
t Secretary
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LOCAL GOVERNMENT ACT 1989
shall –
(a) comply with such standards and code of practice issued under the
Environment Protection Act 1991;
(b) consult the Environment Coordination Committee.
(3) The Minister may make regulations to give effect to the arr
angements made.

(4) The regulations may provide for –
(a)
the issue, amendment and revocation of licences;
(b) the taking of fees and the levy of charges;
(c) the removal of waste unlawfully deposited and the recovery of expe
nses
incurred for the removal;
(d) any matter relating to enforcement, including the issue of enforce
ment
notices, powers of entry, search and arrest, and the seizure of any vehi
cle,
object or thing used in the commission of an offence under the regulatio
ns.

(5) The regulations may –
(a) make different provisions for different categories of waste, and o
r different
disposal sites;
(b) provide that a person who contravenes them shall commit an offence
, and
shall on conviction be liable to a fine not exceeding Rs 25,000, and to
a term of
imprisonment not exceeding 5 years;
(c) provide that, in addition to the punishment under paragraph (b),
the Court
may order the forfeiture of any vehicle, object or thing used in the com
mission
of the offence.
(6) Subject to any requirements imposed under the Environment P
rotection Act
1991,the Minister may, by notice in the Gazette, designate a disposal si
te.
(7) Notwithstanding section 114 of the Courts Act, and section
72 of the District
and Intermediate Courts (Criminal Jurisdiction) Act, a Magistrate shal
l have
jurisdiction to try all offences under this section and under any regula
tion made
under this section.
Added by [
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LOCAL GOVERNMENT ACT 1989

157. Contracts of local authorities
Subject to any provisions of this Act or any other enactment relating to
contracts entered
into by a municipal or district council for any special purpose that aut
hority may enter into
any contract necessary for the discharge of any of its functions after t
he approval of the
Local Authorities Tender Board has been obtained.

158. Local Authorities Tender Board
(1) There is established a Local Authorities Tender Board for t
he purpose of
considering and approving tenders called by municipalities or district c
ouncils.

(2) (a) The Board shall consist of –
(i)
the Permanent Secretary as Chairman;
(ii) a representative of the Ministry responsible for the subject of f
inance;

(iii) a representative of the Ministry responsible for the subject of
Works;
(iv) a representative of the Ministry as Secretary.
(b) The Board shall be empowered to call any Local Government Officer
and
any Government Officer to assist it in its deliberations.
(3) (a) Tenders the estimated value of which is more than Rs 100,0
00 shall
be deposited with the Board for consideration and approval after such te
nders
have been called for by a municipal or district council.
(b) Tenders the estimated value of which is less than Rs 100,000 may b
e
called, received, considered and approved by a municipal or district cou
ncil
without any reference to the Board.
(4) (a) A municipal or district council shall not carry out any wo
rk,
improvement or undertaking including consultancy services, the estimated
cost
of which exceeds Rs 50,000 unless resolution has been passed to that eff
ect
at a meeting of the authority.
(b) (i) No work, improvement or undertaking including consultancy
services the estimated cost of which exceeds Rs. 50,000 but is less than

Rs 100,000 shall be entrusted by a municipal or district council to any
contractor or consultant except after tenders have been called by
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LOCAL GOVERNMENT ACT 1989
advertisement in 3 daily newspapers and unless a resolution has been
passed to that effect at a meeting of the authority.
(ii) No tender other than the lowest where payment is to be made by, o
r
the highest where payment is to be made to, a municipal or district
council shall be accepted and no contract shall be entered into in relat
ion
to such tender unless it has been approved by the Local Authorities
Tender Board.
(5) Nothing in subsections 3 and 4 shall prevent the Board from
enquiring into
the award of any tender of less than Rs 100,000 by a municipal or distri
ct council,
provided that such enquiry is effected within 12 months of the award of
the contract.
(6) Nothing in this Act shall preclude the Minister from entrus
ting to the
Government Tender Board the functions of the Local Authorities Tender Bo
ard.

(7) The Minister may make regulations for –
(a) the procedures to be followed by municipal or district councils in
submitting
tenders for the consideration of the Board; and
(b) the functioning of the Board.
(8) (a) Notwithstanding the other provisions of this section and s
ubject to
paragraph (b), the Minister may empower a municipal or district counci
l to call,
receive, consider and approve tenders.
(b) Where a municipal or district council is acting under paragraph (
a) it shall
not, without the approval of the Minister, –
(i) extend or renew a contract;
(ii) in the case of a tender the estimated value of which is more than

50,000 rupees, accept a tender other than the lowest where payment is
to be made by, or the highest where payment is to be made to, that
municipal or district council, or enter into a contract in relation to s
uch
tender.
Amended by [
Act No. 30 of 1992]; [ Act No. 37 of 1993]

159. Registration of contracts
(1) There shall be no fixed period for the registration of any
contract between
any contractor on the one hand and a local authority on the other hand,
or of any
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LOCAL GOVERNMENT ACT 1989
bond given as security in the performance of the contract, provided that
the contract
or bond is registered before any use is made of it in a public deed or i
n a court
unless the contract or bond is exempted from registration.
(2) (a) Any deed witnessing the sale of immovable property to, or
the creation
of any servitude in favour of, a local authority, shall be registered by
the
Registrar-General free of charge.
(b) The deed under paragraph (a) shall further be transcribed at the
Mortgage
Office free of duty.
(c) This subsection shall have effect notwithstanding any other enactm
ent
relating to the registration or transcription of documents.

160. Local authorities and legal proceedings
(1) A local authority may, except where otherwise provided for
by this Act or any
other enactment authorise any officer of the authority, either generally
or in respect
of any particular matter, to institute or defend on its behalf proceedin
gs before the
Intermediate Court or any District Court in any proceedings instituted b
y it or on its
behalf or against it.
(2) Any officer of a local authority authorised by the chief ex
ecutive may
prosecute any breach of the Building Act or, with the concurrence of the
Ministry of
Health, prosecute for any breach of any regulations made under section 1
93 of the
Public Health Act.

161. Acceptance of gifts or properties
(1) Subject to subsections (2) and (3), a local authority m
ay, with the approval of
the President, accept, hold and administer any gift or property, whether
movable or
immovable, for any local public purpose, or for the benefit of the inhab
itants of the
area or of some part of it, and may execute any works (including works
of
maintenance or improvement) incidental to or consequential on the exerc
ise of the
powers conferred by this section.
(2) Where the purposes of the gift are purposes for which the l
ocal authority is
empowered to expend money raised from a rate, it may, subject to any con
dition or
restriction attaching to the exercise of that power, defray expenditure
incurred in the
exercise of the powers conferred by subsection (1) out of money so rai
sed.
(3) Article 910 of the Code Napoléon shall not apply to gift
s made and accepted
under this section and such gifts whether by donation or legacy shall be
registered
free of charge.
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LOCAL GOVERNMENT ACT 1989
Amended by [
Act No. 48 of 1991]

162. Provisions applicable to declared villages
The powers exercised by the Sanitary Authority or any other officer of t
he Ministry of
Health, with regard to villages declared under the Building Act, or any
other enactment
may also be exercised within the limits of a town by the urban authority
.

163. Repealed by [
Act No. 30 of 1991]

164. Penalties and their recovery
All penalties payable for any breach of this Act with respect to any loc
al authority shall
accrue to the local authority and may be recovered on information brough
t by an officer or
inspector of the local authority.

165. Custody of documents

Subject to any general directions which the Minister may give as to docu
ments of any local
authority, the documents of every local authority shall be in the custod
y of the chief
executive or any other officer of the local authority as the authority t
hinks fit, and they shall
be kept as the local authority directs.

166. Deposit of documents

(1) Where any document is deposited with the chief executive or
any other
officer of a local authority, under any enactment, the chief executive o
r the other
officer shall receive and retain the document in the manner and for the
purposes
directed by the enactment and shall make such memorials and endorsements
on,
and give such acknowledgments and receipts of the document as may be so
directed.
(2) Subject to any other enactment, a person interested in any
document
deposited as specified in subsection (1) may, at all reasonable hours,
inspect and
make copies or extracts from the document on payment to the person havin
g its
custody of the sum of Rs 10 for every inspection, and of the further sum
of Rs 10 for
every hour during which the inspection continues after the first hour.
(3) Where a person who has the custody of any document as speci
fied in
subsection (1) obstructs any person in inspecting the document or maki
ng a copy of
or extract from it, he shall commit an offence and shall, on conviction,
be liable to a
fine not exceeding Rs 5,000.

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LOCAL GOVERNMENT ACT 1989
167. Production of documents at trial
Sections 170 and 171 of the Courts Act shall apply to any document in th
e official custody
of a local authority as they apply to any document in the official custo
dy of a Government
department.

168. Inspection of books and documents

(1) The minutes of proceedings in council of a local authority
shall be open to
the inspection of any local government elector for the area of the autho
rity, on
payment of a fee of Rs 10, and any local government elector may make a c
opy of
them or take an extract from them.
(2) The accounts of a local authority shall be open to the insp
ection of any
member of the authority who may make a copy or take an extract from them
.
(3) The abstract of the accounts of a local authority, and any
report made by the
Director of Audit on those accounts, shall be open to the inspection of
any local
government elector for the area of the authority, and any local governme
nt elector
may make a copy of or take an extract from them and copies shall be deli
vered to
any local government elector on payment of a reasonable sum for each cop
y.
(4) A document directed by this section to be open to inspectio
n shall be so
open at all reasonable hours and, except, where otherwise expressly prov
ided,
without payment.
(5) The Permanent Secretary shall have free access to all the d
ocuments of a
local authority.
(6) Where a person who has the custody of any book or document
specified in
this section –
(a) obstructs any person entitled to inspect the document or to make a
copy or
extract in inspecting the document or making a copy or extract; or
(b) refuses or fails to give copies or extracts to any person entitled
to obtain
copies or extracts,
he shall commit an offence and shall, on conviction, be liable to a fine
not exceeding
Rs 10,000.

169. Service of documents
(1) Any document required or authorised by this Act or any othe
r enactment to
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LOCAL GOVERNMENT ACT 1989
be sent, delivered, or served to or upon a local authority or to or upon
the chief
executive, mayor or chairman of a local authority shall be addressed to
and left at, or
sent by registered post in a prepaid letter to, the local authority or t
o the chief
executive, mayor or chairman, as the case may be.
(2) Unless otherwise provided by any enactment, all documents w
hich are
required to be served by a local authority may be served by registered p
ost.
(3) Where in any legal proceedings service of any document on a
local authority
is required, it shall be sufficient to serve the notice or document on t
he chief
executive of the authority.

170. Execution of documents
(1) Subject to subsection (2), all documents shall be deemed
to be duly
executed by or on behalf of a local authority if signed by the mayor or
chairman, as
the case may be, or by any other person nominated for that purpose by th
e local
authority and by the chief executive.
(2)
A cheque upon a banking account kept by a local authority shall be signe
d by-
(a)
the chief executive or his deputy; and
(b)
the treasurer or his deputy.

171. Names of public places
(1) Unless otherwise provided by any enactment, the names of al
l roads,
streets, squares and other public places within the limits of a local go
vernment
administrative area shall be as specified in any regulation made by the
local
authority.
(2) Notwithstanding subsection (1), the Minister may by order decla
re null and void
the naming by a local authority of any road, street, square or other pub
lic places
within the limit of the administrative area of that authority.

172. Offences

Where any member or any officer of a local authority neglects or refuses
to comply with
this Act, he shall commit an offence and shall, on conviction, be liable
, where no specific
penalty has been provided for, to a fine not exceeding Rs 10,000.

173. Variation of dates

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LOCAL GOVERNMENT ACT 1989
The Minister may, by regulations, amend the dates fixed in this Act for
the doing of any act.

174. Savings
This Act and the powers conferred under it shall be in addition to, and
not in derogation
from, the provisions of, and powers conferred under, any other enactment
regulating any
of the matters regulated under this Act.

175. –
————————————-FIRST SCHEDULE

(sections 3, 4 and 5)
BOUNDARIES OF THE TOWN OF PORT LOUIS
West and North – Starting from the junction of the northern boundary of Constituency N
o.
1 with the sea-shore the boundary runs generally in a north easterly dir
ection up to the
mouth of Rivulet Terre Rouge.
East – By Rivulet Terre Rouge from its mouth to the aquaduc of the Bathurst
Canal, thence
in a straight line to the Signal Station on Long Mountain thence along t
he ridge line of Long
Mountain to the top of the Pieter Both Mountain.
South – Along the southern boundary of the district of Port Louis; thence Sou
th West along
the Old Railway track to its junction with the prolongation of the north
ern boundary of
Riche lieu livestock feed factory (formerly Riche lieu Maize Mill), th
ence North East along
the Midland Railway line to its junction with an estate road, thence Wes
t along that estate
road for 252 metres to its junction with Riche lieu Approach Road (also
called Balisage
Road), thence North along Riche lieu Approach Road to its junction with
the western
boundary of Constituency No. 1, thence North and West along that boundar
y to the
starting point.
BOUNDARIES OF THE TOWN OF CUREPIPE
North – Starting at the junction of Sadally Moraby Road with Jean Maurice Pru
dent Street,
the boundary runs North East and South East along Sadally Moraby Road to
its junction
with Swami Sivananda Avenue, then across that latter avenue north-easter
ly and easterly
along Allée Brillant Branch Road (B 74) to its junction with the so
uthern boundary of
Constituency No.15, thence along that boundary up to Couacaud Bridge.
East – From the last mentioned point, the boundary runs south easterly in a s
traight line to
Butte Chaumont and thence southerly in a straight line to Mt. Ebene.
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South – From the last mentioned point, the boundary runs generally south weste
rly along
an imaginary line to its junction with the Phoenix – La Vigie Motorway a
t a point 852 metres
South East of the roundabout at La Vigie, then again by an imaginary lin
e running
generally south westerly to meet the Phoenix – Mahébourg Road (A
10) at an unnamed
bridge, at a point 250 metres from the junction of the said road with a
secondary road
leading to Ferney Spinning Mills, then along another imaginary line runn
ing generally
south westerly and parallel to La Brasserie Road (B 70) to meet the we
stern boundary of
Constituency No. 17.
West – From the last mentioned point, the boundary runs generally northerly
and westerly
along the western boundary of Constituency No. 17 to its junction with R
iver St. Martin;
then down stream along that river to its junction with an estate road ru
nning generally
easterly; then easterly along that road to its junction with the road le
ading to former
Reunion Estate; then easterly along that latter road to its junction wit
h Chemin Berthaud;
then again easterly and generally northerly along the said road for 325
metres to its
junction with the Prolongation of Dr Ernest Harel Street; thence easterl
y along that
prolongation to its junction with Jean Maurice Prudent Street; thence no
rtherly along that
latter street to the starting point.
BOUNDARIES OF THE TOWN OF BEAU BASSIN-ROSE HILL
North – Starting from the junction of the former Midland Railway Line with th
e prolongation
southwards of Bissessur Lane, the boundary runs North East along part of
the western
boundary of Constituency No. 1 up to its junction with Grand River North
West.
East – From the last mentioned junction the boundary runs South along Grand
River North
West and Plaines Wilhems River up to the junction of Plaines Wilhems Riv
er with
Boundary Road (B 75).
South – From the last mentioned junction the boundary runs South West along B
oundary
Road (B 75) to its junction with Ligne Berthaud Avenue (B 73); thenc
e again South West in
a straight line to the district boundary post on Corps de Garde Mountain
.
West – From the last mentioned point, the boundary runs North along the Dist
rict Boundary
between Plaines Wilhems and Black River to the starting point.
BOUNDARIES OF THE TOWN OF QUATRE BORNES
North – Starting from a point on River Terre Rouge approximately 580 metres N
orth West
of the Temple at Bagatelle, the boundary runs westerly along the souther
n boundary of
Constituency No. 8 up to Robertson Bridge.
West – From the last mentioned point the boundary runs southerly along part
of the
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LOCAL GOVERNMENT ACT 1989
western boundary of Constituency No. 18 to its junction with Boundary Ro
ad (B 75);
thence along Boundary Road (B 75) to its junction with Ligne Berthaud
Avenue (B 73);
thence again along the western boundary of Constituency No. 1 8 up to it
s junction with a
stream; thence West along that stream to its junction with the eastern b
oundary of
Pierrefonds Estate; thence South West along the eastern boundary of Pier
refonds Estate
for approximately 1,742 metres to its junction with Palma Road (B 2);
thence South West
along an estate road for 175 metres to its junction with a second estate
road; thence West
along the second estate road for1 75 metres to its junction with a third
estate road; thence
South along the third estate road for 245 metres to its junction with a
fourth estate road;
thence South along the fourth estate road for 460 metres to its junction
with Palma Road
(B 2); thence East along Palma Road (B 2) to its junction with the e
state road leading to
Bassin Estate; thence South along that estate road and its prolongation
to River Papayes.

South – From the last mentioned junction, the boundary runs upstream along Ri
ver
Papayes to its junction with the western boundary of Constituency No. 15
; thence North
East along the western boundary of Constituency No. 1 5 to its junction
with the
prolongation westwards of an estate road which is parallel to and at a d
istance of 206
metres southwards of a common road forming the southern boundary of Prin
cess
Margaret Orthopaedic Centre; thence east along the prolongation of the s
aid estate road
and along that estate road to its junction with another estate road at a
pproximately 220
metres West of Candos – Vacoas Road (B 3); thence North along that
estate road for 206
metres to its junction with the northern boundary of Constituency No. 15
; thence North
East along the northern boundary of Constituency No. 15 to its junction
with Bell Village –
Phoenix Truck Road (M 2).
East – From the last mentioned junction the boundary runs north easterly alo
ng part of the
northern boundary of Constituency No. 15 to the starting point.
BOUNDARIES OF THE TOWN OF VACOAS-PHOENIX
North – Starting on the common road forming the southern limit of Princess Ma
rgaret
Orthopaedic Centre at a point 221 metres West of the Candos – Vacoas Roa
d (B 3), the
boundary runs East along the northern boundary of Constituency No.1 5 to
meet the
eastern boundary of that constituency.

East – By the eastern boundary of Constituency No. 15.
South – By part of southern boundary of Constituency No. 15 up to Allée Br
illant Road (B
74); thence the boundary runs South West along Allée Brillant Road (
B 74) to its junction
with Swami Sivananda Avenue; thence across the said avenue and North Wes
t and West
along part of Sadally Moraby Avenue to its junction with Jean Maurice Pr
udent Street;
thence along the western boundary of the town of Curepipe to the junctio
n of River St.
Martin with the eastern boundary of Constituency No. 1 6;thence along th
e eastern
boundary of Constituency No. 16 up to the junction of Ligne Berthaud wit
h the prolongation
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LOCAL GOVERNMENT ACT 1989
eastwards of ‘an estate road forming the limits of Ragavoodoo Estates;
thence West along
the prolongation of the said estate road and along that estate road to i
ts junction with Les
Mares Road; thence generally West along an imaginary line drawn from the
last
mentioned junction to the bridge over Rivulet Cap St. Martin, on the Hen
rietta Branch
Road, produced westwards to the western boundary of Constituency No. 16.
West – From the last mentioned junction, the boundary runs North along the w
estern
boundaries of Constituencies Nos. 16 and 1 5 up to the junction of the w
estern boundary
of Constituency No. 15 with Rivière Papayes; thence North East along
the southern
boundary of the town of Quatre Bornes to the starting point.
BOUNDARIES OF THE PAMPLEMOUSSES-RIVIERE DU REMPART DISTRICT COUNCIL
(a) The area included within the boundaries of the Districts of
Pamplemousses
and Rivière du Rempart; and
(b) that part of the District of Port Louis made up of Flat and
Gabriel Islands and
any other Islands along its sea coast.
BOUNDARIES OF THE MOKA-FLACQ DISTRICT COUNCIL
The area included within the boundaries of the Districts of Moka and Fla
cq excluding the
areas covered by the Village Councils of Pailles and Quatre Soeurs.
BOUNDARIES OF THE GRAND PORT-SAVANNE DISTRICT COUNCIL
(a) The area included within the boundaries of the Districts of
Grand Port and
Savanne excluding the area covered by the Village Council Area of Baie d
u Cap;
(b) that part of the District of Flacq which is covered by the
Village Council Area
of Quatre Soeurs; and
(c) that part of the District of Plaines Wilhems which is cover
ed by the Village
Council Area of Midlands.
BOUNDARIES OF THE BLACK RIVER DISTRICT COUNCIL
(a) The area included within the boundaries of the District of
Black River
excluding the areas covered by the localities of Pointe aux Sables, Pier
refonds and
those parts of Palma and Bassin which lie within the said District.
(b) that part of the District of Moka which is covered by the V
illage Council of
Pailles;

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LOCAL GOVERNMENT ACT 1989
(c) that part of the District of Savanne which is covered by th
e Village Council of
Baie du Cap;
(d) that part of the District of Plaines Wilhems which is cover
ed within the
boundaries of Richelieu Livestock Feed Factory (formerly Richelieu Maiz
e Mill).
Amended by [
Proclamation No. 8 of 1990]; [ Proclamation No. 15 of 1991] ————————————-SECOND SCHEDULE

(sections 4 and 5)

Name of town
Number of
elected members

Port Louis ………………… 30
Beau Bassin-Rose Hill
24
Quatre Bornes
24
Vacoas-Phoenix
24
Curepipe ………………… 24

Number of
Name of district elected members

Pamplemousses-Rivière du Rempart
15
Moka-Flacq
12
Grand Port-Savanne
12
Black River
12

———————————–
THIRD SCHEDULE
(Oath of Municipal Councillor)(section 10)

“I, A B, having been elected (or appointed, as the case may be) a m
unicipal councillor do hereby
swear (or solemnly affirm, as the case may be) that I take that office
upon myself, and will duly
and faithfully fulfil its duties according to the best of my judgment an
d ability”.
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LOCAL GOVERNMENT ACT 1989
FOURTH SCHEDULE
(section 41)
Meetings and proceedings of local authorities
PART I – URBAN AUTHORITIES

1. In this Part, “Council” means a municipal council.
2. (1) In addition to the meeting specified in sections
11 and 12 of this Act,
the council shall hold at least 4 quarterly meetings every year for the
transaction of
general business.
(2) Meetings of the council shall be held in the council chambe
r unless
otherwise directed by the council.
3. (1) (a) The mayor of the council may call a
meeting for the
council whenever he thinks it necessary or after a requisition for that
purpose,
signed by 5 councillors and specifying the reasons of the meeting, has b
een
presented to him.
(b) Where the mayor refuses to call a meeting after the presentation o
f the
requisition to him, or where without refusing, the mayor does not call a
meeting
within 7 days after the presentation, any 5 councillors, on that refusal
or on the
expiration of 7 days, as the case may be, may forthwith call a meeting o
f the
council.
(2) Every meeting shall be convened by notice stating the busin
ess to be
transacted at the meeting and signed by the chief executive.
(3) (a) The notice of the meeting shall be left at or sent by regi
stered post to
the usual place of residence or business of every councillor and a copy
affixed
in a conspicuous place at the Town Hall at least 2 days before the meeti
ng.
(b) Want of service of the notice on any member of the council shall n
ot affect
the validity of a meeting.
(4) (a) Except in the case of business required by this Act to be
transacted at
any meeting of the council, and subject to subparagraph (b), no busine
ss shall
be transacted at a meeting of the council other than that specified in t
he notice
relating to it.
(b) (i) Any councillor may, before the commencement of public
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LOCAL GOVERNMENT ACT 1989
business, give notice of his intention to move at the adjournment of the

council a matter of urgent public importance and state the matter briefl
y.
(ii) The chairman of the meeting shall not allow the motion to be
discussed unless he is satisfied that the matter is urgent.
(iii) The chairman of the meeting may, where he is satisfied that prio
rity
should be given to the motion, allow it to be discussed before the
business of the day is actually transacted.

4. Subject to sections 11 and 12 of this Act –
(a) at a meeting of a council the mayor of the council, if pres
ent, shall preside;
(b) where if the mayor of the council is absent from a meeting
of the council, the
deputy mayor of the council, if present, shall preside;
(c) where both the mayor and deputy-mayor of the council are ab
sent from a
meeting of the council, the member whose name is drawn by lot by the chi
ef
executive shall preside.
5. (1) All acts of the council and all questions coming
or arising before the
council shall be done and decided by a majority of the members of the co
uncil
present and voting thereon at a meeting of the council.
(2) In the case of an equality of votes the person presiding at
the meeting shall
have a second or a casting vote.
6. The proceedings and debates of the council or of any of its c
ommittees shall be
conducted in English or in French, according to the council’s wishes, bu
t any member may
address the council or any of its committees in English or in French.
7. The names of the members present at a meeting of the council
shall be recorded.
8. (1) Minutes of the proceedings of a meeting of the c
ouncil or of any of its
committees shall be drawn up in English or French and entered in a book
for that
purpose by the chief executive or in his absence by any officer appointe
d for that
purpose by the council, and a copy shall be circulated to the members of
the council.
(2) At the next meeting, the person presiding shall inquire of
the members
present whether they approve the minutes of proceedings of the previous
meeting
and where no objection is raised, they shall be deemed to have been appr
oved
without its being necessary to have them read.

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LOCAL GOVERNMENT ACT 1989
(3) After the procedure laid down in subparagraph (2) has bee
n followed, the
minutes shall be signed by the person presiding, and any minute purporti
ng to be so
signed shall be received in evidence without further proof.
(4) Until the contrary is proved a meeting of the council or of
any of its
committees in respect of the proceedings of which a minute has been so m
ade and
signed shall be deemed to have been duly convened and held and all the m
embers
present at the meeting shall be deemed to have been duly qualified, and
where the
proceedings are proceedings of a committee, the committee shall be deeme
d to
have been duly constituted and to have had power to deal with the matter
s referred
to in the minute.
9. (1) No resolution expressly or impliedly repealing o
r altering a decision
taken by the council within the year preceding that resolution shall be
proposed at
any meeting held within that year unless notice is given to the chief ex
ecutive 10
days and by the chief executive 7 days, at least before the meeting, and
no such
resolution shall have effect unless it is agreed by two-thirds of the me
mbers present.
(2) After a resolution expressly or impliedly repealing or alte
ring a decision of the
council has been proposed and rejected, no councillor may propose the sa
me
resolution again or propose a new resolution expressly or impliedly repe
aling or
altering the decision, unless 6 months have elapsed from the date of the
decision or
his proposal has the written support of half the number of councillors (
including
himself then in Mauritius.
(3) Where the resolution cannot be put to the vote for want of
a quorum at 2
following meetings, no councillor may propose the same resolution unless
6 months
have elapsed, and where the decision which it is sought to repeal or alt
er was for
doing an act forthwith or within a specified time, such decision may be
carried out
immediately after the second of the meetings, if no time was specified,
or after the
expiration of the specified time.

10. (1) All meetings of the council shall be held in publ
ic.
(2) Any person may appear at any quarterly meeting and prefer a
ny complaint
concerning any matter connected with the business of the council which h
e may
wish to make.
11. Subject to this Act, the council shall make standing orde
rs for the regulation of
its proceedings and business, and may vary or revoke any such orders.
12. (1) The council shall in every year at its first meet
ing, appoint such
committees as are required to be appointed under paragraph 13 or under a
ny other
enactment, and at any time appoint such other committees as are necessar
y to carry
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LOCAL GOVERNMENT ACT 1989
out its functions.
(2) The mayor shall be a member of all the committees of the co
uncil.
(3)
The chairman of every standing committee shall be a member of the Financ
e
Committee.
13. (1) There shall be set up in respect of every council
the following
standing committees –
(a) Finance Committee;

(b) Public Health Committee;
(c) Works Committee;
(d) Welfare Committee;
(e) Committee of the Whole Council.
(2) Except in the case of the Committee of the Whole Council, t
he membership
of any standing committee shall not exceed 12.
PART II – DISTRICT COUNCILS
A. Meetings of the Whole Council
1. In addition to the meetings specified in Section 18 of this A
ct, a district council shall
hold 4 quarterly meetings every year for the transaction of general busi
ness.

2. Meetings of a district council shall be held in public.
3. (1) (a) The Chairman of a district council m
ay call a special
meeting of the whole council whenever he thinks necessary or after a
requisition, for that purpose, signed by 7 councillors and specifying th
e
reasons of the meeting, has been presented to him.
(b) Where the Chairman refuses to call a special meeting after the
presentation of the requisition to him, or where without refusing, the C
hairman
does not call a meeting within fifteen days after the presentation, any
seven
councillors, on that refusal or on the expiration of 15 days, as the cas
e may be,
may forthwith call through the Chief Executive a special meeting of the
council

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LOCAL GOVERNMENT ACT 1989
(c) Where the Chief Executive considers that the need for calling a sp
ecial
meeting does not arise, he shall refer the matter to the Permanent Secre
tary
for a decision.
(d) Special meetings of the Council convened for the purpose of discus
sing
any motion against any member of the staff shall be held in camera and s
hall
require the prior approval of the Permanent Secretary.
(2) Every meeting shall be convened by notice stating the busin
ess to be
transacted at the meeting and signed by the Chief Executive. The agenda
of the
meeting shall be approved by the Chairman and the Chief Executive except
for a
meeting convened under 3(1) (b).
(3) (a) The notice of the meeting shall be left at or sent by regi
stered post to
the usual place of residence or business of every councillor and to the
office of
the Permanent Secretary at least 5 days before the meeting and a copy af
fixed
in a conspicuous place at the seat of the council. In the case of a noti
ce left, a
receipt should be requested in the despatch book.
(b) Want of a service of the notice on any member of the council not a
ffect the
validity of a meeting.
(4) (a) Except by leave of the person presiding and of all the mem
bers resent
no business shall be transacted at a meeting other than that specified i
n the
notice of meeting.
(b) No motion shall be declared irreceivable office it has been inscri
bed in the
notice of meeting.
(c) A meeting can be adjourned by the Chairman only once and a subsequ
ent
meeting shall be held within fifteen days to complete the agenda of the
first
meeting.
4. (1) At a meeting of the council, the Chairman of the
Council, if present,
shall preside.
(2) Where the Chairman of the council is absent from a meeting
of the council,
the Vice Chairman, if present, shall preside.
(3) Where both the Chairman and Vice Chairman of the council ar
e absent from
a meeting of the council, the members shall elect from among themselves
a
Chairman.
5. (1) All acts of the council and all questions coming
or arising before the
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LOCAL GOVERNMENT ACT 1989
council shall be done and decided by a majority of the members of the co
uncil
present and voting thereon at a meeting of the council.
(2) In the case of an equality of an equality of votes the pers
on presiding at the
meeting shall have a second or a casting vote.
(3) No resolution of the council shall be acted upon until the
minutes of the
meeting at which the resolution was passed have been confirmed at a subs
equent
meeting in accordance with paragraph 7 unless authority for such action
has been
expressly included in the resolution.
6. The names of the members present at a meeting of the council
shall be recorded.
7. (1) Minutes of the proceedings of a meeting of the c
ouncil shall be drawn
up in English and entered in a Book kept for the purpose by the Chief Ex
ecutive, or
in his absence by any other officer appointed for that purpose by the Ch
ief
Executive, and a copy shall be circulated to the members of the council,
and to the
Permanent Secretary within 15 days of the meeting.
(2) At the next meeting, the person presiding shall inquire of
the of the previous
meeting, and where no objection is raised, they shall be deemed to have
been
approved without its being necessary to have them read.
(3) After the procedure laid down in sub paragraph (2) has be
en followed, the
minutes shall be signed by the person presiding and the Chief Executive,
and any
minute purporting to be signed shall be received a evidence without furt
her proof.
8. The Permanent Secretary or any Government Officer at the requ
est of the
Permanent Secretary shall be entitled to attend any meeting of the counc
il and to take part
in the proceedings but not to vote at such meetings.
9. Subject to the approval of, and to any directions which ma
y be given by the
Permanent Secretary, the council may make standing orders for the regula
tion of its
proceedings and business. Any amendments to the standing orders shall al
so require the
approval of the Permanent Secretary.
10. (1)(a) The Council shall, at its first meeting in the year wh
ere District
Council elections are held, and in any other year between the 1st to 7th
July
appoint such committees as are required to be appointed under paragraph
II or
under any other enactment.

(b) Notwithstanding paragraph (1)(a), in 2002, the Council shall,
between 5 and 12 August, appoint such Committees as are
required to be appointed under paragraph 11 or under any other
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LOCAL GOVERNMENT ACT 1989
enactment.

Amended by [
GN No. 100 of 2002] (2) The Chairman of a District Council shall be a member of all standi
ng
committees of the council.
11. (1) There shall be set up in respect of every council
the following
standing committees with delegated powers –
(a) Finance Committee;
(b)
Public Health Committee;
(c)
Works and Planning Committee;
(d) Welfare Committee.
(2) Membership of any standing committee shall not exceed nine
(including the
Chairman of the District Council) except the Finance Committee which sh
all consist
of twelve members inclusive of the Chairman of the District Council.
(3) Standing committees once constituted shall not during the f
inancial year be
recast except to fill any casual vacancy that may arise on any committee
.
B. Meetings of Standing Committees

1. (1) (a) Each standing committee shall hold a monthl
y meeting.
(b) A special meeting of a standing committee may be called by the Cha
irman
of the District Council or the Chairman of the standing committee or the
Chief
Executive or 3 members of the standing committee.

(2) All meetings shall, as far as possible, be held within
office hours
(3) All meetings of any Committee including special meetings shall b
e
convened in writing by the Chief Executive.
(4)
(a) Every such meeting shall be convened by notice stating the business to be transacted at such meeting and shall be signed by the Chi
ef
Executive.
(b) The notice shall at least seven days before a meeting be left at,
or sent by
registered post to, the usual place of residence or business of every me
mber
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LOCAL GOVERNMENT ACT 1989
and shall, as far practicable, be accompanied by copies of the minutes o
f
proceedings of the previous meeting and of reports if any, to be conside
red at
the meeting.
(c) (i) Subject to paragraph (ii), no business shall be tra
nsacted at
any such meeting other than that specified in the notice relating to it.
(ii) Any member may, before the commencement of business, give
notice of his intention to raise at the adjournment a matter of urgent
public importance and he shall be given a maximum of fifteen minutes to
do so.
(5) Minutes of the proceedings of a standing committee of the c
ouncil shall be
drawn up English and entered in a book kept for that purpose by the Chie
f
Executive, or in his absence by any other office appointed for that purp
ose by the
Chief Executive, and a copy shall be circulated to the members of the St
anding
Committee, to the other councillors and to the Permanent Secretary withi
n 15 days
of the meeting Any councillor not being a member of a Standing Committee
who
wishes to comment on the minutes shall inform the Chief Executive and th
e
Chairman in writing of his comments at least 3 days before the at which
these
minutes will be confirmed.
(6) All reports of standing committees which have been subseque
ntly confirmed
shall be sent to every member of the council.
(7) A member of a standing committee shall not disclose, except
to a member of
the council, a matter dealt with or brought before such committee withou
t its
permission until such matter is discussed in council or is otherwise dis
posed of.
2. (1) Subject to paragraph 11 of Part A every committe
e, shall, at its first
meeting before proceeding to any other business elect a Chairman, and, a
deputy
chairman, provided that no member of the council shall be chairman of mo
re than
one committee.
(2) In the absence from a meeting of the Chairman or deputy cha
irman,
Chairman for that meeting may be appointed from among and by the members

present.
(3) Every Chairman and deputy chairman shall remain in office u
ntil the
appointment of a new Chairman or deputy chairman, as the case may be.
3. (1) All questions in committee shall be determined b
y majority of such
members of the committee as are present and voting.

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LOCAL GOVERNMENT ACT 1989
(2) Unless 2 or more, members request voting by secret ballot,
the votes shall
have a casting vote.
(3) In the case of an equality of votes the person presiding at
the meeting shall
have a casting vote.
4. Subject to the provisions of paragraph 11 of section A the
council may, if it thinks
proper, fill any casual vacancy that may arise on any standing committee
.
5. (1) (a) No proposal for additional expenditu
re shall be
submitted to the Council by a committee unless the committee has had bef
ore
it a report prepared jointly or separately by its Chief Executive and it
s treasurer
showing the initial expenditure, details of annual loan charges and runn
ing
expenses in the current year and in a full year, details of any conseque
ntial
effect and any other relevant information.
(b) The approval of a council of a general scheme of future policy sha
ll not be
regarded as approval of a proposal for expenditure within the meaning of
this
paragraph.
(2) Notwithstanding the duty of the Finance Committee to watch
generally over
the finances and accounts of the District Council, each committee of the
council shall
comply, in the conduct of its financial business, with financial instruc
tions from time
to time made by the Finance Committee with the approval of the council.
6. (1) Any standing committee may appoint such sub comm
ittees from
among its members as may be required to facilitate the transaction of an
y business,
but shall not delegate to such sub committees any of its powers.
(2) The subcommittees which shall not exceed 5 councillors shal
l report to the
committee which appoint them.
7. The standing orders of the council as to rules of debate at t
he meetings of the
council (other than those relative to standing and speaking more than o
nce) and the
standing orders as to interest of members and officers in contracts and
other matters,
shall, mutatis mutandis, apply to meetings of standing committees and of
sub committees.
8. No person other than members of a standing committee and offi
cers of the council
shall attend any meeting of a committee. Other members of the Council ma
y upon request
be allowed to be present and in such an event shall only speak at the ex
press wish of the
committee, but shall not vote.
9. All notices, reports and other documents and all proceedings
of committees and
sub committees shall be treated as confidential unless and until they be
come public either
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LOCAL GOVERNMENT ACT 1989
in the ordinary course of the business of the council or in accordance w
ith any instruction
or authority issued or given by the council.
PART III – QUORUM
No business shall be transacted at a meeting of a local authority unless
there are present –
(a) in the case of a local authority consisting of not more tha
n 12 members, 5;
(b) in the case of a local authority consisting of more than 12
but more than 16
members, 7;
(c) in the case of a local authority consisting of more than 16
but not more than
24 members, 11;
(d) in the case of a local authority consisting of more than 24
but not more than
30 members, 13;
(e) in the case of local authority consisting of more than 30 m
embers, 17.
PART IV – COMMITTEES OF URBAN AUTHORITIES
1. (1) Each standing committee, except the Committee of
the Whole
Council, shall hold an ordinary meeting once in every quarter of a year.
(2)
The town clerk shall convene all ordinary meetings of any committee and
shall,
at the request of the chairman or any 3 members, convene a special meeti
ng of the
committee.
(3) (a) Every such meeting shall be convened by notice
stating the
business to be transacted at such meeting and shall be signed by the tow
n
clerk.
(b) The notice shall be left at, or sent by registered post to, the us
ual place of
residence or business of every member and shall, as far as practicable,
be
accompanied by copies of the minutes of proceedings of the previous meet
ing
and of any reports to be considered at the meeting. (c) (i) Subject to paragraph (ii), no business shall be
transacted at any such meeting other than that specified in the
notice relating to it.
(ii) (A) Any member may, before the commencement of business,
give notice of his intention to move at the adjournment a matter of
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LOCAL GOVERNMENT ACT 1989
urgent public importance and state the matter briefly, but the
chairman of the meeting shall not allow the motion to be discussed
unless he is satisfied that the matter is urgent.
(B) The chairman may, if he is so satisfied, allow such motion to be
discussed before the business of the day is actually transacted.

(4) All minutes of proceedings of standing committees shall be
sent to every
member of the council.
(5) A member of every committee (including the Committee of th
e Whole
Council) shall not disclose, except to a member of the council, a matte
r dealt with or
brought before such committees without its permission until such matter
is discussed
in council or is otherwise disposed of.
2. (1) Every committee shall, at its first meeting in e
ach year before
proceeding to any other business, elect a chairman and if it thinks fit,
a deputy
chairman, provided that no member of the council shall be chairman of mo
re than
one committee.
(2) In the absence from a meeting of the chairman or deputy cha
irman, if any, a
chairman for that meeting may be appointed from among the members presen
t.
(3) Every chairman and deputy chairman, if any, shall remain in
office until the
appointment of anew chairman or deputy chairman, as the case may be.
3. (1) All questions in committee shall be determined b
y a majority of such
members of the committee as are present and voting.
(2) Unless 2 or more members request voting by secret ballot, t
he votes shall be
taken by a show of hands.
(3) In the case of an equality of votes, the person presiding a
t the meeting shall
have a casting vote.
4. The council may, if it thinks proper, fill any casual vacancy
that may arise on any
committee.
5. (1) (a) No proposal for expenditure shall be
submitted to the
council by a committee unless the committee has had before it a report
prepared jointly or separately by its chief executive and its treasurer
showing
the initial expenditure, details of annual loan charges and running expe
nses in
the current year and in a full year, details of any consequential effect
and any
other relevant information.
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(b) The approval of the council of a general scheme of future policy s
hall not
be regarded as approval of a proposal for expenditure within the meaning
of
this paragraph.
(2) Notwithstanding the duty of the Finance Committee to watch
generally over
the finance and accounts of the town, each committee of the council shal
l comply, in
the conduct of its financial business with financial instructions from t
ime to time
made by the Finance Committee with the approval of the council.
6. (1) Any committee may appoint such subcommittees fro
m among its
members as may be required to facilitate the transaction of any business
, but it shall
not delegate to such subcommittees any of its powers.
(2) The subcommittees shall report to the committee which appoi
nts them.
7. (1) Subject to any enactment conferring powers upon
the council and to
subparagraph (2), the council may delegate any of its powers to any co
mmittee as it
thinks fit.
(2) No committee shall be empowered to make any representation
direct to any
Ministry, Government department or other body upon any matter.
8. The standing orders of the council as to rules of debate at m
eetings of the council
(other than those relative to standing and speaking more than once) an
d the standing
orders as to interest of members in contracts and other matters, shall,
mutatis mutandis,
apply to meetings of committees and of subcommittees.
9. No person other than members of a committee and officers of t
he council shall
attend any meeting of a committee unless invited to do so by such commit
tee and in any
such event, shall only speak at the express wish of the committee, but s
hall not vote.
10. All notices, reports and other documents and all proceedings o
f committees and
sub-committees shall be treated as confidential unless and until they be
come public either
in the ordinary course of the business of the council or in accordance w
ith any instruction
or authority issued or given by the council.
PART V – VILLAGE COUNCIL

1. In this Part, ‘Council’ means a Village Council.
2. In addition to the meetings specified in section 24 of this A
ct, the Council shall hold
at least 4 quarterly meetings every year for the transaction of general
business.

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3. (1) (a) The Chairman of the Council may call
a meeting for the
Council whenever he thinks it necessary or after a requisition for that
purpose,
signed by 5 councillors and specifying the reasons of the meeting has be
en
presented to him.
(b) Where the Chairman refuses to call a meeting after the presentatio
n of the
requisition to him, or where without refusing, the Chairman does not cal
l a
meeting within 15 days as the case may be, may forthwith call through th
e
Secretary Treasurer a meeting of the council.
(2) Every meeting shall be convened by notice stating the busin
ess to be
transacted at the meeting signed by the Secretary Treasurer.
(3) (a) The notice of the meeting shall be left at or sent by regi
stered post to
the usual place of residence or business of every councillors at least 5
days
before the meeting and a copy affixed to a board provided for purpose ou
tside
the building in which the council usually meets. In case of a notice lef
t, a
receipt should be requested in the despatch book.
(4) Except by leave of the person presiding and of all the memb
ers present no
business shall be transacted at a meeting other than that specified in t
he notice of
meeting.
4. (1) At a meeting of the council the chairman of the
council, if present,
shall preside.
(2) Where the chairman of the council is absent from a meeting
of the council,
the vice-chairman, if present, shall preside.
(3) Where both the chairman and vice-chairman of the council ar
e absent from a
meeting of the council, the members shall elect from among themselves a
Chairman.
5. (1) All acts of the council and all questions coming
or arising before
Council shall be done and decided by a majority of the members of the co
uncil
present and voting thereon at a meeting of the council.
(2) In the case of an equality of votes the person presiding at
the meeting shall
have a second or a casting vote.
(3) No resolution of the council shall be acted upon until the
minutes of the
meeting at which the resolution was passed have been confirmed at a subs
equent
meeting in accordance with paragraph 8 unless authority for such action
has been
expressly included in the resolution.

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LOCAL GOVERNMENT ACT 1989
6. Meetings of the council shall be held in public.
7. The names of the members present at a meeting of the council
shall be recorded.
8. (1) Minutes of the proceedings of a meeting of the c
ouncil shall be drawn
up in English and entered in a book kept for that purpose by the Secreta
ry
Treasurer, and A copy shall be circulated to the members of the council,
and to the
Permanent Secretary within 15 days of a meeting.
(2) At the next meeting, the person presiding shall inquire of
the members
present whether they approved the minutes of the proceedings of the prev
ious
meeting, and where no objection is raised, they shall be deemed to have
been
approved without its being necessary to have them read.
(3) After the procedure laid down in sub-paragraph (2) has be
en followed, the
minutes shall be signed by the person presiding, and any minute purporti
ng to be
signed shall be received in evidence without further proof.
9. The Permanent Secretary or any Government officer at the requ
est of the
Permanent Secretary shall be entitled to attend any meeting of the counc
il and to take part
in the proceedings but not to vote at such meetings.

Amended by [
Act No. 37 of 1993]; [ Proclamation No. 11 of 1992] —————————————
FIFTH SCHEDULE
PART I
(sections 56 and 145)

The cemeteries situated in the district of Port Louis and known as-
The Eastern Cemetery

The New Muslim Cemetery
That part of Vallée Pitot in the district of Port Louis made up of 2
large blocks of State land
leased by the State to the municipality and 2 private properties of whic
h the boundaries
are as follows –

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LOCAL GOVERNMENT ACT 1989
North West – By Giquel Street.
South East – By Sauzier Street.
South West – By Inkermann Street.
North West – By Malakoff Street.
East – From the last mentioned point, the boundary runs south-east along
Sauzier Street
on a distance of 68.58 metres to its junction with Inkermann Street.
South – From the last mentioned point, the boundary runs south-west alon
g Inkermann
Street on a length of 229.13 metres to its junction with Malakoff Street
.
West – From the last mentioned point, the boundary runs north-west along
Malakoff Street
on a length of 78.02 metres to its junction with Giquel Street, the poin
t of departure.
PART II

Description of six small portions of former War Department land (now St
ate Land) situate
at Guy Rozemont Square, formerly Artillery Place, in the Town and Distri
ct of Port Louis
bounded as shown on the plan accompanying the memorandum of survey of su
rveyor S
Pelte, dated 21 November, 1910 and registered in Reg LS 10 No 1943.
PORTION A
(Decaen Street)

Towards the south firstly by Guy Rozemont Square, formerly Artillery Pla
ce, secondly by
Sujeebunsing or assigns and thirdly by former War Department land (RA B
arracks, now
State land) on a total length of 78.33 metres.

Towards the west by Engineer Street on 8.84 metres.
Towards the north by railway property into 4 parts: firstly along the so
uthern edge of a
drain on railway land on 38.71 metres, secondly on the 0.61 metre being
the width of a
wall, thirdly and fourthly by a wall belonging to the railway on 27.43 m
etres and 12.50
metres respectively.
Towards the east by a wall belonging to the railway into 2 parts. The fi
rst part measures
3.96 metres and the second measures 0.91 metres. This portion contains 7
05 square
yards.
PORTION B
On all sides by Guy Rozemont Square, formerly Artillery Place. This port
ion is 32.92
metres long and 6.10 metres wide. It contains 240 square yards.

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LOCAL GOVERNMENT ACT 1989
PORTION C

Towards the north-east and east by the former War Department land (now
State land) on
14.32 metres and 34.75 metres respectively.
Towards the south partly by the portion marked F and partly by Guy Rozem
ont Square,
formerly Artillery Place, on a total length of 6.10 metres.
Towards the west by Guy Rozemont Square, formerly Artillery Place, on 47
.85 metres.
This portion contains 302 square yards.
PORTION D

Towards the north, east and south by Guy Rozemont Square, formerly Artil
lery Place.
Towards the west by the former War Department land (RA Barracks, now St
ate land).
This portion is 39.01 metres long and 5.18 metres wide. It contains 242
square yards.
PORTION E

On all sides by Guy Rozemont Square, formerly Artillery Place. This port
ion is 47.24
metres long and 6.10 metres wide.

It contains 344 square yards.
PORTION F
(Part of Bouvet Lane)
Towards the north partly by the portion marked C and partly by the forme
r War
Department land (now State land) on a total length of 9.14 metres.

Towards the east by the passage called Bouvet Lane on 2.44 metres.
Towards the south partly by the said passage and partly by Guy Rozemont
Square,
formerly Artillery Place, on 9.14 metres.
Towards the west by Guy Rozemont Square, formerly Artillery Place, on 2.
44 metres.

This portion contains 26½ square yards.

Amended by [
Act No. 48 of 1991] ————————————-
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LOCAL GOVERNMENT ACT 1989
SIXTH SCHEDULE
(section 80)

Class of Property Amount of deduction
1
Houses or buildings without land, other
than any garden, yard or other appurtenance
belonging thereto –
A House or buildings constructed wholly or 25 per cent of
the gross annual
value mainly in
timber or other
perishable
material
B Houses or buildings constructed wholly or 20 per cent of
mainly in concrete the gross annual
masonry, brick or other imperishable value
material and roofed with timber or other
perishable material
C Houses or buildings constructed 15 per cent of the
wholly or mainly in concrete, gross annual value
masonry, brick, or other
imperishable material and roofed
with concrete, tiles, slates or
other imperishable material
2
Land with buildings valued together 5 per cent of the
as one property gross annual value

3 Land without building on it Nil
——————————————–SEVENTH SCHEDULE
(section 64)

legal Metrol
ogy Act
——————————————
EIGHTH SCHEDULE
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LOCAL GOVERNMENT ACT 1989
(section 100)
The scale of fees is now provided in regulations made by each local auth
ority
PART I A

Attorney
Auctioneer keeping no auction room
Auctioneer keeping auction room
Accountant (chartered or incorporated)
Accountant (not chartered or incorporated)
Advertising agency
Assurance or insurance agency
Airline Agents
Assurance or insurance company
Agents of a foreign pool promoter
Agency for import and export Asphalt plant Architect
Audio visual centre
Automotive workshop with right to repair vehicles having less than 4.0
tons unladen weight
Automotive workshop with right to repair vehicles having more that 4.0
tons unladen weight
Agent in animals
Agent in land and building
Agent in locally registered motor vehicles
Aquaculture – rearing of fish and crustacea (large scale)
B

Bakery and Pastry
Banker (Branch)
Banker
Bread Seller
Broker customs house
Broker
Bottler of imported liquor
Bonded warehouse
Banker (Branch)
Banker
Brewer
Bottler (non alcoholic)
Bottler (alcoholic)
Builder of coach
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LOCAL GOVERNMENT ACT 1989
Bookmaker
Blacksmith
Butcher’s shop
Beach hawker
Bread seller on bicycles and autocycles
Bread seller in vans
Beauty Parlour
Beauty Salon
Bookseller, Librarian and/or stationery shops
Breeder of pigs (over 20 heads)
Breeder of cattle (over 20 heads)
C

Coppersmith
Collector (pool bettings)
Coin-operated gaming machine (per machine)
Commission Agent
Cinema Hall (Manager or owner)
Clearing and forwarding agent
Contractor for yacht chartering
Clock and watch maker
Cold Storage
Caretaker of tombs
Contractor for hire of scaffolding equipment and accessories
Contractor for hire of tubular tent construction and accessories Contrac
tor for hire of pleasure
boats/pedaloes, waterskis, diving
equipment and similar contrivances
Contractor for hire of motor boats less than 25 ft. in length (per boat
)
for game fishing
Contractor for hire of motor boats over 25 ft. in length (per boat) fo
r
game fishing
Contractor of buses/cars
Caterer
Contractor of buses – per bus
Contractor of cars – per car
Contractor of plants and equipment
Contractor for hire of decorative items and equipment
Contractor for hire of audio equipment
Cold room – 0 – 46.45 mt
2 (for storage and hire only)
Cold room – 46.46 – 92.90mt
2 (for storage and hire only)
Cold room above 92.90mt2 (for storage and hire only)
D
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LOCAL GOVERNMENT ACT 1989

Dealer in chemical fertilizer
Dealer in empty bottles and bags
Dealer in fishing nets
Dealer in leather and saddles
Dealer in vacoas bags
Dealer in green and dry fruits and vegetables
Dealer in furniture and cabinet ware
Dealer in mechanical engines and accessories
Dealer in aquarium, pets and other related article
Dealer in old metals
Dealer in old metals (on board vessels)Dental mechanic
Dealer in new motor vehicles and new motor vehicle spare parts
Dealer in second hand motor vehicles and second hand motor vehicle spare

parts
Dealer in new motor vehicle spare parts
Dealer in second hand motor vehicle spare parts
Dealer in motorcycles and autocycles spare parts only
Dealer in motorcycles, autocycles and accessories
Distributing agent of manufactured tobacco Distiller or bottler
Dock owner or agent
Dealer in wholesale liquor
Dealer in second hand goods (imported or local)
Dealer in firewood/charcoal and similar household combustibles
Distributor of general merchandise
Dealer in autocycles, motorcycles and accessories having right to repair

same
Dealer in bicycles and bicycles accessories with right to repair same
(having not more than 2 assistants)
Dealer in bicycles and bicycles accessories with right to repair same (
having more than 2
assistants)
Dealer in Computer Software
Dealer in electric and electronic appliances and accessories thereof
Dealer of pesticides, herbicides and other chemical products listed unde
r
any enactment
Distributor of gold and silver ware
Driving school
Dyeing, washing and Bleaching plant
E

Engraver
Engineer (Civil, Mechanical etc.)Employment Agency
Estate Agency
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LOCAL GOVERNMENT ACT 1989
Exploiter of inland coral/stone quarry
Establishment for manufacture of footwear and other allied products
Establishment for manufacture of paints and other allied products
Establishment for the preparation, packing and storage of butter and mil
k
and, other dairy products
Exhibition centre with right to sell articles exhibited therein by retai
l
F

Foundry
Film shooting studio
Firms of Land Surveyor
Firms of Accountants (not chartered or incorporated)
Firms of Accountants (chartered or incorporated)
Firms of Architects
Firms of Engineers
Firms of Builders
Firms of Contractor
Firms of Business Consultants
Firms of Quantity Surveyors
Firms of Stockbrokers
Florist
Fish processing plant
Filling station with right to sell fuel only
Filling station with right to sell fuel, vehicles spare parts and access
ories and provide minor
mechanical
repair facilities
Financing and Lending agency
Firms of Consultants
Firms of project managers
G

Gaming House holding Casino Licence
General Retailer (Foodstuffs) (with or without liquor, rum, beer and
other alcoholic drinks off)
General Retailer (Non-foodstuffs and foodstuffs with or without
liquor, rum, beer and other alcoholic drinks off)
General retailer non-foodstuff having authorisation to sell duty free
General retailer foodstuff only
General retailer non-foodstuff only
General retailer foodstuff and non-foodstuff
Gymnasium
Gas seller-Wholesale
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LOCAL GOVERNMENT ACT 1989
Retail
Gaming House holding “A’ Licence
Gaming House holding “B” Licence
Gaming House holding ‘C” Licence
H

Hawker of any goods, wares, merchandise except gold and silver wares,
tobacco, liquor and timber
Hawker of manufactured tobacco
Hawker of fresh provisions in Port Louis Harbour
Hawker in vans/lorries
Hawker on motorcycles
Hawker on bicycles
Hawker on motorcycles, autocycles, tricycles and bicycles
Hairdresser
Hotel
Hand Knitting Factory
Handcarts
Hardware shops with right to sell cement and iron and steel bars
Hardware shops not having right to sell cement and iron and steel bars
Health club with sauna
Hypermarket
I

Icecream (Manufacture, storage and sale)
Ice Factory
Industry not elsewhere classified
Ice cream parlour
J

Job contractor category ‘A’ (having office, workshop and equipment)
Job contractor category ‘B’ (having no office, workshop and equipment)
K

Keeper of boarding house
L

Land Surveyors
Land promoter and property developer
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LOCAL GOVERNMENT ACT 1989
Launderer and Dry Cleaner
M

Manufacturer of candies
Miller (corn flour, coffee, pepper, etc.)
Manufacturer and Bottler of soft drinks and aerated minerals
Manufacturer of lime
Manufacturer of shirts and garments other than industry (not more than
10
assistants) (more than 10 assistants)
Manufacturer or seller of slabs, bricks, tiles and cement blocks (less
than 5 assistants) (more than 5 assistants)
Manufacturer of salt
Manufacturer of ship models
Marine Surveyor
Motor Surveyor
Manufacturer of furniture and cabinet (not more than 5 assistants)
Manufacturer of furniture and cabinet (more than 5 assistants)
Manufacturer of soap
Manufacturer of matches
Manufacturer of edible oil
Merchants
Matrimonial Agency
Manufacturer of glue
Manufacturer of pottery
Manufacturer or distributor of alcohol
Manufacturer of gold and silver wares
Manufacturer of gold and silver wares having the right to sell imported
jewellery
Manufacturer of handicraft products (less than 5 employees)
Manufacturer of cider, perry and alcoholic beverages
Manufacturer of crown bags
Manufacturer of fortified country liquor
Manufacturer of non-brewed condiment
Manufacturer of perfumes, spirits and cosmetics
Manufacturer of spirit vinegar and vinegar
Manufacturer of country liquor
Manufacturer of tobacco products
Manufacturer of wines
Manufacturer of toilet requisites
Manufacturer of wax blends and liquid polish
Manufacturer of typewriter ribbons
Manufacturer of mattresses
Medical clinic
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LOCAL GOVERNMENT ACT 1989
Medical Laboratory
Milkseller
Manufacturer of Food Items –
self employed
having not more than 10
employees having not more than 25 employees
having more than 25 employees
Metal, Welding, electrical and other allied trades workshop
Mobile victualler
Money Lender
N

Notary Public
Night Club Keeper
0

Occasional licence for Public Entertainment Organiser (Per day)
Occasional licence for sale of liquor
Occasional licence for trade fairs and other commercial fairs
Occasional licence for sale of liquor (per day and per sale point)
Occasional licence for trade fairs and other commercial fairs stall
holder (per stall)
Occasional licence for trade fairs and other commercial fairs (per stan
d)
Occasional licence victualler fancy fair etc
Occasional licence for sale of cakes, refreshments, fruit and
photographic materials (per day)
Occasional licence for game of darts in fancy fair and on race day withi
n
the precincts of the race course
Owner of bus for public transport (per bus) up to 10 buses more than 1
0
buses
Owner of fishing business (banian)not more than 6 fishermen
Over 6 fishermen
Opticians
Occasional advertisement
Occasional licence for sale of beer, cider, perry, rhum and other
alcoholic beverages and liquors in fancy fair, trade fairs and other
commercial fairs (per day)
Owner of Goods vehicles – Carrier’s A
Owner of Goods vehicles – Carrier’s B
Owner of snooker/pool/billards house (per table)
Owner of a place of amusement (per amusement machine)
Owner of a Bowling House(per alley)
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LOCAL GOVERNMENT ACT 1989
P

Photographer
Printer (up to 5 employees)
(more than 5 employees)
Photocopy service
Private club
Pawn brokers
Pharmacies (wholesale)
(retail)Pastry shops
Private security agency
Pool Promoter
Physiotherapists
Panel beating and paint workshop
Places of public entertainment other than Cinema Halls
Plant Nursery
Pets beauty parlour
Processing plant – meat and allied products
Poultry pens (100-500 birds)
Poultry pens (above 500 birds)
Photo studio
Quantity Surveyors
R

Retailer of beer and country liquor only
Retailer of Groceries
Retailer of manufactured tobacco
Retailer of beer, cider, perry, rum and other alcoholic beverages and
liquor on and off
Retailer of Drapery and haberdashery
Retailer of gold and silver wares
Retailer or manufactured tobacco, non-alcoholic beverages, pastries,
confectionery and cakes
Retail dealer of general merchandise in market/fairs
Retailer of beer, cider, perry, rum, and other alcoholic beverages and
liquor off only
Restaurant Keeper
(a) Registered under ‘Hotel & Restaurant Tax Act’
(b) Not registered under ‘Hotel & Restaurant Tax Act’
Retreading of tyres
Retailer of beer, cider, perry, ale and porter on and off
Retailer of beer, cider, perry, ale and porter off only
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LOCAL GOVERNMENT ACT 1989
Reptiles, animals, and birds park
S

Seller of lotteries in van
Seller of photographic materials
Seller of ship models
Surveyor of goods landed in bad order
Shipchandier
Supplier of fresh water in Port Louis Harbour
Shipping Agents-Stevedoring firm
Seller of cakes, confectioneries and pastries
Supermarket
Seller of poultry and eggs
Seller of fish and crustacea
Seller of second hand tyres
Seller of record cassettes
Seller of ready made garments
Stone Mason (including Tombalist)
Scavenging contractorS
and quarry (inland)
Sand quarry (sea)-Manual
Mechanical
Sawmill
Stone crusher-less than 250 HP
More than 250 HP
Sworn broker (Brokers Act 1945)
Shoemaker
Seller of vegetables and fruits
Seller of meat in markets
Showroom
Street vendor
T

Taxidermist
Tote organiser
Tanner
Tea hotels or tea shops
Travel agent
Timber merchant
Tobacco shop
Tailor
Tinsmith
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LOCAL GOVERNMENT ACT 1989
Textile, Knitwear and Garment Manufacturing
up to-49 employees 50-1 50 151-500 above 500
Tour Operators
Taxi car owner
U

Undertaker having no funeral vehicle
Undertaker having one funeral car or more Upholsterer
V

Veterinary Surgeon
Victualler selling cooked food to be consumed on and off the premises
Vocational and Professional Training Organisation
Video games
Video Club
W

Wild game farming/stalking
Wharfinger
Wholesale dealer in rum and compounded spirits
Workshop for retreading, tyre repairs chemical appliances, refrigerators
and other electrical,
mechanical etc. appliances
Washing and lubricating of vehicles
Workshop metal and welding
Warehouse 0-46.45 sq. mts
46.46-92.90 sq. mts above 92.90 sq. mts
Wholesale dealer
Workshop not elsewhere classified
Workshop – bicycles, motorcycles and autocycles

X

X-ray and scan centre
PART II
A – PERMITS

Tariffs of fees for permits leviable by an urban authority i
n lieu of the fees for
permits specified in the Schedule to the Building Act –
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LOCAL GOVERNMENT ACT 1989
1
(a) For the construction of any building per square metre of
flooring in respect of each storey
(b) For repairs to any building (flat rate)
(c) For erection of an enclosure wall, in masonry, concrete or any met
al other
than corrugated galvanised iron sheets per metre in length
(d) For erection of a wooden enclosure or any other enclosure, not men
tioned
in paragraph (d), per metre in length
(e) For improvement to any building not carrying an extension of floor
area.
2 For every small bridge (ponceau) in front of a building or
private yard, per
metre in length.
3. For complete obstruction of a street, for private work, per d
ay.
4. For obstruction of half a street, or less, for private work,
for each 6 metres, or
fraction of 6 metres per day.
5. For repairs after diggings in a street or footway (exclusive
of any extra fee for
an enclosure under item 6):
for footways or tarred streets, per square metre
for untarred streets, per square metreSuch repairs to be agreed upon previously by the
Municipal or District Council.
6. For any enclosure approved by the engineer which shall not ex
ceed the
width of the footway, for work carried out in the line of the street, th
e right of erecting
scaffoldings not projecting beyond such enclosure, for each 6 metres, or
fraction of 6
metres, per day.
7. For blinds, including those usually called ‘stores’ on the gr
ound floor
projecting or hanging on the public footpath or pavement (a free space
of 2 metres
having to be left between the edge of the blind and the footpath):
Not exceeding in length 4.5 metres, per year
Not exceeding in length 15 metres, per year
Not exceeding in length 18 metres, per year.

8. For every forge, whether portable or not.
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LOCAL GOVERNMENT ACT 1989
9.
For every oven exceeding the size of an ordinary kitchen oven.
10.
For every fire place to be used for a factory.

11. Upon installation of every electric motor
From 186.4 W not exceeding 1491.4 W
Above 1491.4 W not exceeding 2982.8 W
Above 2982.8 W not exceeding 3728.5 W
Above 3728.5 W not exceeding 7457 W
Above 7457 W not exceeding ll,l85.5 W
Above 11, 185.5 W not exceeding 18,642.5 W
Above 18,642.5 W
12. For every steam boiler or steam going machine, or every engine
driven by
steam, petrol, diesel oil or gas used in any factory or workshop or for
any
commercial purposes.
13. For every mechanical workshop or factory (in addition to any
fee payable far
any forge, fireplace, boiler, electric motor or machine above-mentioned)
, for any
commercial or trade process, per factory, workshop or commercial or trad
e process.
14. For the erection of filling stations, far each station (such
erection to be
previously sanctioned by the Municipal or District Council.

15. For the registration of porters per each year.
16. For each certificate of property and share of water borne an t
he cadastre or
valuation list.

17. For each certificate of valuation of property.

18. Attachment.
19. (a) Merry go-round (outside a circus or fun fair) power driven
, per
installation (exclusive of fee for installation of motor)
(b) Merry-go-round (outside a circus or fun fair) driven by man-powe
r, per
installation
(c) Montagnes-russes (outside a circus or fun fair) per installation
(d) Circus or fun fair.
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LOCAL GOVERNMENT ACT 1989
20. For conducting along one or more streets of the town or Distri
ct all imported
cattle (including Rodrigues cattle on importation into Island of Maurit
ius) per head.
21.
For parking a vehicle in a prescribed parking place and during the
prescribed hours –
(a)
for every 20 minutes not exceeding a total of 2 hours
(b) for any time in excess of 2 hours.

B – Advertisement and publicity fees leviable by Municipal and Distri
ct Councils
1. (a) For posting up in streets or on any enclosure, b
ills, advertisement,
programme or notices printed in Mauritius:
From 1 to 50 copies
For any additional copy
(b) For posting up in streets or any enclosure, bills, advertis
ements,
programmes or notices printed abroad:
From 1 to 50 copies
For any additional copy
(c) For posting up in streets or any enclosure, bills, advertisemen
ts, programmes
or notices to one and the same effect, whether drawn, or painted or part
ly drawn and
partly painted on paper, whatever may be the number of posters for a per
iod not
exceeding one year from the date of the first posting
(d) For posting up in streets or any enclosure, bills, advertisem
ents, manner,
placards, ensigns, advertisements, notices and all matters painted on wo
oden
boards, canvas, tin, iron or enamelled sheet or any material:
For every such poster not exceeding 3 square metres, for any period not
exceeding
one year from the date of the first posting per 0.1 square metre
For every additional 0.1 square metre or fraction thereof
above 3 square metres

(e) For publicity slides exhibited in Cinema Halls (f)
For publicity films exhibited in Cinema Halls

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LOCAL GOVERNMENT ACT 1989
(g) For luminous advertisements:

0.1 square metre or fraction thereof
0.2 square metres to 1 square metre
above 1 square metre
(h) For sky sign
(i) For advertisement placed on vehicles
(j) For mobile advertisement (eg. sandwich man, etc.).

Amended by [
GN No. 241 of 1990]; [ GN No. 185 of 1991]; [ GN No. 170 of 1992]; [ GN
No. 98 of 1993]; [ GN No. 100 of 1994]; [ GN No. 141 of 1997]; [ GN No. 214 of 1997];
[
GN No. 93 of 2001]

Related documents:
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0Act%201989%20(updated).htm (126 of 126)8/14/2006 11:17:04 AM