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The Local Government Act 2011

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The Local Government Act 2011 THE LOCAL GOVERNMENT ACT 2011 Act 36/2011 Proclaimed by [Proclamation No. 23 of 2011] w.e.f 15th December 2011 I assent SIR ANEROOD JUGNAUTH 12th December 2011 President of the Republic ______________ ARRANGEMENT OF SECTIONS Section PART I – PRELIMINARY 1. Short title 2. Interpretation PART II – LOCAL AUTHORITIES Sub-Part A – Constitution of Municipal City Council, Municipal Town Council, Village Council and District Council 3. Establishment of local authority 4. Municipal City Council 5. Municipal Town Council 6. Village Council 7. District Council 8. Creation of new local authority 9. Changes in local authority or electoral ward Sub-Part B – Village Committees of Agaléga and Other Parts of Mauritius 10. Village Committee PART III – ELECTION OF LOCALAUTHORITIES Sub-Part A – Election of Councillors to Municipal City Council, Municipal Town Council, District Council and Village Council 11. Election of Councillors to Municipal City Council or Municipal Town Council 12. Election of Councillors to Village Council 13. Election of Councillors to District Council 14. Term of office of District Councillors Sub-Part B – Qualifications and Disqualifications as Councillor 15. Qualifications for election as Councillor 16. Disqualifications for election as Councillor 17. Multiple candidatures unlawful 18. Registration of groups Sub-Part C – Qualifications and Disqualifications as Elector 19. Right to vote at Municipal City Council, Municipal Town Council or Village Council election 20. Qualifications of elector 21. Disqualifications of elector PART IV – COUNCILLORS, VACANCIES OF COUNCILLORS, MEETINGS AND PROCEEDINGS Sub-Part A – Councillors 22. Oath to be taken by Councillor 23. Term of office of Councillor 24. Duties of Councillor 25. Code of Conduct for Councillors 26. Privilege of Councillor 27. Remuneration of Councillor 28. Access to information by Councillor 29. Proceedings in respect of disqualification 30. Acts done by unqualified persons 31. Protection of Councillor against outrage Sub-Part B – Lord Mayor, Deputy Lord Mayor, Mayor, Deputy Mayor, Chairperson and Vice-Chairperson 32. Senior Councillor 33. Election of Lord Mayor, Deputy Lord Mayor, Mayor, Deputy Mayor, Chairperson and Vice-Chairperson 34. Election procedure under this Sub-part 35. Powers of Lord Mayor, Mayor and Chairperson of District Council 36. Revocation of Lord Mayor, Mayor or Chairperson of District Council or Village Council Sub-Part C – Vacancies of Councillors 37. Vacation of office by resignation 38. Vacation of office in other cases 39. Declaration of vacancy 40. Date of vacancy 41. Vacancy in office of Lord Mayor, Deputy Lord Mayor, Mayor, Deputy Mayor, Chairperson or Vice-Chairperson 42. Vacancy in office of Municipal City Councillor, Municipal Town Councillor or Village Councillor 43. Vacancy in office of District Councillor 44. Acts not invalidated by vacancy Sub-Part D – Meetings, Proceedings and Committees of Local Authority 45. Meetings of local authority 46. Disability because of interest 47. Establishment of Executive Committee 48. Duties and powers of Executive Committee PART V – PURPOSE AND SERVICES OF LOCALAUTHORITY Sub-Part A – Purpose, Functions and Powers of Local Authority 49. Purpose of local authority 50. Functions of Municipal City Council, Municipal Town Council or District Council 51. Functions of Village Council 52. Powers of local authority 53. Thoroughfares on private property 54. Powers of authorised officers of Municipal City Council ,Municipal Town Council or District Council Sub-Part B – Services of Local Authority 55. Free membership of libraries 56. Markets and fairs 57. Occupation of stalls and shops inside markets, fairs or other premises 58. Sale of articles outside markets or fairs 59. Waste management 60. Storage, collection, transfer and disposal of waste 61. Sanitation and abatement of nuisance 62. Works affecting roads Sub-Part C – Power to Control State Land and Acquire Land and Buildings 63. State lands in Port Louis 64. Power to acquire, sell or exchange land and buildings 65. Lease granted by local authority 66. Proceeds from sale of assets PART VI – DEPARTMENTS AND OFFICERS OF LOCAL AUTHORITY 67. Departments of local authority 68. Unified Local Government Service Board 69. Officers of local authority 70. Human resource management principles 71. Protection of officers 72. Vacancy 73. Security to be given by officers 74. Loan to officers 75. Accountability of officers 76. Responsibilities of Permanent Secretary PART VII – PARTNERSHIPS 77 . Policy on partnerships with private sector 78. Associations of Local Authorities 79. Expenses and accounts of Association of Local Authorities PART VIII – LOCAL GOVERNMENT FINANCE Sub-Part A – Funds, Annual Estimates and Grants 80. General Fund 81. Pension Fund and Passage Fund 82. Village Council Fund 83. Grants to Municipal City Council, Municipal Town Council or District Council 84. Release of grants 85. Annual estimates 86. Vote on account 87. Financial instructions Sub-Part B – Power to Borrow by Municipal City Council, Municipal Town Council or District Council 88. Purposes for which money may be borrowed 89. Modes of borrowing 90. Repayment of money borrowed 91. Balance of unutilised money 92. Register of mortgages 93. Return to be submitted to Minister 94. Powers of Minister in relation to return Sub-Part C – Local Rate 95. Levy of local rate by Municipal City Council or Municipal Town Council 96. Cadastral value 97. Rate due and payable 98. Notice for payment of local rate 99. Surcharge for late payment of local rate 100. Interest 101. Recovery of local rate 102. Director-General to collect and enforce payment of local rate 103. List of claims to be forwarded 104. Enforcement 105. Director-General to remit amount collected Sub-Part D – Cadastral Database and Valuation 106. Cadastral database 107. Declaration of particulars of premises 108. Ascertainment of value of immovable property Sub-Part E – Valuation Tribunal 109. Establishment of Valuation Tribunal 110. Appeal to Tribunal 111. Proceedings of Tribunal 112. Determination of Tribunal 113. Agreement between appellant and Municipal City Council or Municipal Town Council 114. Appeal to Supreme Court Sub-Part F – Permits and Licences 115. Permits and Business Monitoring Committee 116. Technical Committee 117. Application for Building and Land Use Permit 118. Building and Land Use Permit under LPES 119. Disclosure of interest 120. Obligations of holder of Building and Land Use Permit 121. Clustering of economic activities 122. Fees 123. Conditions for conduct of classified trade 124. Right of entry and control 125. Closing order pending judgment 126. Carrying on trade or economic activity after closing order 127. Cessation or transfer of business Sub-Part G – Admission Charge 128. Levy of admission charge 129. Relief from admission charge 130. Power to ensure compliance PART IX – ACCOUNTS AND AUDIT 131. Accounting records to be kept 132. Obligation to prepare financial statements 133. Contents and form of financial statements 134. Deposit of financial statements 135. Right of objection 136. Audit of accounts 137. Powers of Director of Audit 138. Audit report 139. Publication of audited financial statements 140. Immunity 141. Powers of Minister in relation to accounts and returns 142. Annual report to be prepared and adopted 143. Recovery of sums certified to be due 144. Inspection of books, accounts and documents 145. Abandonment of revenue PART X – MISCELLANEOUS 146. Inscribed privilege 147. Uninscribed privilege 148. Use of information technology 149. Custody of documents 150. Deposit of documents 151. Production of documents at trial 152. Inspection of accounts, books and documents 153. Service of documents 154. Execution of documents 155. Donations to local authorities 156. Names of public places 157. Local authorities and legal proceedings 158. Offences 159. Prosecution of offences 160. Procurement of goods and services 161. Registration of contracts 162. Regulations by Minister 163. Regulations by Municipal City Council, Municipal Town Council or District Council 164. Repeal 165. Consequential amendments 166. Transitional provisions and savings 167. Commencement FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE FIFTH SCHEDULE SIXTH SCHEDULE SEVENTH SCHEDULE EIGHTH SCHEDULE NINTH SCHEDULE TENTH SCHEDULE ELEVENTH SCHEDULE TWELFTH SCHEDULE _______________ An Act To provide the legislative framework for a democratic, efficient, effective, inclusive and accountable system of local government permitting local communities to manage autonomously, through elected local authorities, the economic and social well-being of their areas ENACTED by the Parliament of Mauritius, as follows – PART I – PRELIMINARY 1. Short title This Act may be cited as the Local Government Act 2011. 2. Interpretation In this Act – “admission charge” means a charge leviable under section 128; “agricultural building” means a building, other than a dwelling house, which is occupied together with agricultural land and is used solely in connection with agricultural operations on that land; “agricultural land” – (a) means land used as arable, meadow or pasture ground only (including pastoral land), land used for a plantation (including any stone heaps or in-field roads on the land), or as a wood or for the growth of saleable underwood, market gardens, nursery grounds, orchards or allotments; and (b) includes land in excess of 1,000 square metres used for the business of agriculture, horticulture, viticulture, apiculture or poultry farming,
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