Act 1823
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to the Government Gazette of Mauritius No. 103 of 6 December 2023
THE LOCAL GOVERNMENT (AMENDMENT NO. 2) ACT 2023
Act No. 18 of 2023
I assent
PRITHVIRAJSING ROOPUN, G.C.S.K.
6th December 2023 President of the Republic of Mauritius
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ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Section 37 of principal Act amended
4. New section 37A inserted in principal Act
5. Section 39 of principal Act amended
6. Section 40 of principal Act amended
7. Section 42 of principal Act amended
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An Act
To amend the Local Government Act
ENACTED by the Parliament of Mauritius, as follows –
1. Short title
This Act may be cited as the Local Government (Amendment No. 2)
Act 2023.
696 Acts 2023
2. Interpretation
In this Act –
“principal Act” means the Local Government Act.
3. Section 37 of principal Act amended
Section 37 of the principal Act is amended by repealing subsection (2).
4. New section 37A inserted in principal Act
The principal Act is amended by inserting, after section 37, the
following new section –
37A. Resignation from group
(1) For the purpose of section 37(3), a person who has been
elected as a Municipal City Councillor, Municipal Town Councillor
or Village Councillor shall be deemed to have resigned from his
group where –
(a) he gives notice in writing to the appropriate
Chief Executive; or
(b) his group gives notice in writing to the
appropriate Chief Executive that the Councillor
no longer forms part of the group.
(2) Where a group gives notice in writing under
subsection (1)(b), the notice shall –
(a) be duly signed by the leader, president,
secretary and 2 other members of the group
certifying that the Councillor no longer forms
part of the group; and
(b) be accompanied by a certified extract of the
minutes of proceedings of the meeting at which
decision was taken that the Councillor no longer
forms part of the group.
Acts 2023 697
5. Section 39 of principal Act amended
Section 39 of the principal Act is amended –
(a) in subsection (1), by deleting the words “forthwith declare
his office to be vacant” and replacing them by the words
“forthwith notify the Minister, in writing, of such vacancy”;
(b) by repealing subsection (2) and replacing it by the following
subsection –
(2) The Minister shall, on receipt of the notification
of vacancy under subsection (1), cause the vacancy to be
published in the Gazette and the vacancy shall take effect on
the date of such publication.
6. Section 40 of principal Act amended
Section 40 of the principal Act is amended –
(a) in paragraph (a), by deleting the words “on receipt of the
resignation by the Chief Executive” and replacing them by
the words “on the date of publication of the vacancy in the
Gazette pursuant to section 39(2)”;
(b) in paragraph (e), by deleting the words “by the Chief Executive”
and replacing them by the words “pursuant to section 39(2)”.
7. Section 42 of principal Act amended
Section 42 of the principal Act is amended –
(a) by repealing subsection (1);
(b) in subsection (2), by inserting, after the words “The vacant
seat”, the words “of a Municipal City Councillor, Municipal
Town Councillor or Village Councillor”.
Passed by the National Assembly on the fifth day of December
two thousand and twenty three.
Urmeelah Devi Ramchurn (Ms)
Acting Clerk of the National Assembly
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By Authority: Government Printing Department, La Tour Koenig 103/12/2023 – 866