PURPOSE, FUNCTIONS & POWERS OF LOCAL AUTHORITIES UNDER SECTION 49, 50, 51 AND 52 OF THE LOCAL GOVERNMENT ACT 2011
49. Purpose of local authority
The purpose of a local authority shall be to –
(a) promote the social, economic, environmental and cultural well-being of the local community;
(b) improve the overall quality of life of people in the local community;
(c) ensure that services and facilities provided by the Council are accessible and equitably distributed;
(d) ensure that resources are used efficiently and effectively to best meet the needs of the local community;
(e) ensure transparency and accountability in decision-making; and
(f) provide for the prudent use and stewardship of local community resources.
50. Functions of Municipal City Council, Municipal Town Council or District Council
(1) Subject to this Act, a Municipal City Council, Municipal Town Council or District Council shall perform such functions as are necessary to further most effectively its purpose and, in particular, shall –
(a) develop, implement and monitor its strategic plans and
(b) plan for and provide services and facilities for the local community;
(c) raise revenue to enable the Municipal City Council, Municipal Town or District Council to perform its functions;
(d) develop, implement and monitor its corporate and financial management control techniques;
(e) establish norms and standards in the conduct of its affairs;
(f) perform and discharge the functions and exercise the powers under this Act or any other enactment relating to local authorities; and
(g) do such things as are incidental or conducive to the performance of any of its functions under the Act.
(2) A Municipal City Council, Municipal Town Council or District Council shall, subject to its financial capability and within the limits of its administrative area, be responsible –
(a) subject to the Mauritius Land Transport Authority Act 2009, the Roads Act and the Road Traffic Act, for –
(i) the cleaning and lighting of all motorways and main roads;
(ii) the construction, care, maintenance, improvement, cleaning of all pavements, bus shelters, drains and bridges and lighting of all roads other than motorways and main roads;
(iii) the removal from any public place or road of any dead animal and the safe disposal of any carcass or dead body of such animal;
(iv) the removal of any physical obstruction on road reserves;
(v) the control, removal or alteration of advertisements;
(b) subject to any regulations made under section 162(1), for the collection and conveyance of waste to disposal sites or waste management facilities;
(c) subject to the Forest and Reserves Act, for the undertaking of works of afforestation, terracing and tree planting alongside public roads, the cutting and removing of any tree growing within 2 metres of a public road unless the owner of the land bordering the road elects to cut and remove the tree within such time as may be fixed by the Council;
(d) for the provision, maintenance, management and regulation of places of public auction, public markets and fairs, other than trade fairs and exhibitions which may be organised with the approval of the Minister to whom responsibility for the subject of consumer protection is assigned, pursuant to any regulations made under the Consumer Protection (Price and Supplies Control) Act or any other relevant enactment;
(e) for the construction, control, care, management, maintenance, improvement and cleaning of all beds and banks of lakes, rivers, rivulets and streams;
(f) for the construction, care, management, maintenance, improvement, cleaning and lighting of squares, open spaces, parks, gardens, public buildings including lavatories, baths and swimming pools, open and dedicated to the use of the public, except for public buildings which are the property of the State;
(g) for the construction, management, maintenance and improvement of public libraries, exhibition halls and art galleries, theatres, places of public entertainment, playing fields, nurseries for infants, pre-primary schools, cemeteries, crematoria and cremation grounds;
(h) for the control of premises used for commercial, industrial, professional and other related activities;
(i) for the construction of commercial, industrial, professional and residential buildings and the management, maintenance and improvement of municipal estates;
(j) for the provision, maintenance, control, management and renting of parking places for vehicles on urban and rural roads;
(k) subject to the Public Health Act, the Environment ProtectionAct and any other relevant enactment, for the control of pollution causing a public or private nuisance;
(l) for the licensing, regulation and control of the conduct of business activities, other than those regulated by other licensing authorities, within its administrative area;
(m) for the promotion of sports development and the organisation of sports activities, including the sponsorship of any club capable of representing the city, town or district at local, regional and international levels;
(n) for the provision of infrastructure for leisure and cultural activities to the inhabitants and the organization of leisure, welfare and cultural activities;
(o) for the provision, maintenance, control and management of traffic centres, including bus stations, stands for lorries and other public vehicles;
(p) for necessary action to ensure that the buildings and plots of land along roads are properly kept, regularly maintained and embellished;
(q) for the control, management, and maintenance of public fountains;
(r) for the proper management and regular maintenance of assets handed over to it by any Ministry or Government Department in accordance with any existing Memorandum of Understanding, signed by the Ministry or Department concerned and the Council;
(s) for such other undertaking as may be approved by the Minister; and
(t) for such other functions as may be conferred on it by any other enactment.
51. Functions of Village Council
(1) Subject to this section, a Village Council shall, within the limits of its administrative area, be responsible for –
(a) the organisation of sports, leisure and cultural activities;
(b) the running of pre-primary schools and entrepreneurship courses;
(c) the maintenance and improvement of libraries and computer facilities;
(d) the maintenance of cremation grounds and any other public health amenities; and
(e) the performance generally of any public works to promote the sanitation and cleanliness of the village and the well being of the inhabitants.
(2) A Village Council may, subject to the approval of the Minister, carry out any other duties assigned to a Municipal City Council, Municipal Town Council or District Council under section 50.
52. Powers of local authority
(1) Subject to any limitations or restrictions imposed by or under this Act or any other enactment, a local authority shall have such powers as are necessary to attain its objects and discharge its functions most effectively.
(2) Notwithstanding any other enactment, the areas, places, property and undertakings specified in the Eighth Schedule shall be exclusively controlled, managed and maintained by, and all revenues derived therefrom shall accrue to, the Municipal City Council of Port Louis.
(3) For the better performance of its functions, any Municipal City Council, Municipal Town Council or District Council may do such acts and take such steps, including the acquisition and disposal of any property rights which it considers necessary for or conducive or incidental to the exercise of its powers and duties, and may in particular –
(a) enter into such contracts as it deems fit for the efficient discharge, under its supervision and responsibility, of its functions;
(b) with the Minister’s approval, enter in partnership with any other local authority, parastatal organisation, private person, firm, partnership or company for the realization of any joint venture, commercial, industrial or otherwise.
(4) In the exercise of its functions under section 50 or 51, a local authority may, temporarily or permanently, close, divert, alter, widen, raise or lower any public road and carry out all works which it considers appropriate in the area, including the planting and felling of trees or shrubs and the digging of wells and conduits.
(5) Where any closure or diversion of any road under this section is likely to be permanent or where any widening requires the demolition of buildings belonging to third parties, the resolution to close, divert or widen the road shall be subject to the approval of the Minister and no work shall be undertaken until notice of the resolution –
(a) has been published in 2 consecutive issues of the Gazette; and
(b) has been communicated to all persons whose premises may be injuriously affected by such works, by registered post with avis de réception at the residence or at the last known place of residence of such persons.
(6) The Minister may, where he considers it expedient, order the relevant unit of the Ministry to carry out any function of a local authority referred to in section 50(2) (a) to (c), (e) to (g), (k), (n), (p) and (q).