Local Government (Amendment) Act 2021 (Act No. 5 of 2021)

Section 11 of the principal Act is amended – (a) by repealing subsections (1) and (2) and replacing them by the following subsections – (1) For the election of Councillors to the entire Municipal City Council and Municipal Town Councils, Acts 2021 21 the President shall, acting in accordance with the advice of the Prime Minister – (a) issue writs of election within 60 days of the date of any dissolution of the former Municipal City Council and Municipal Town Councils; and (b) appoint, where necessary, the date on which the poll is to be taken. (2) The election of Councillors to the entire Municipal City Council and Municipal Town Councils shall be held in accordance with the Representation of the People Act. (b) by repealing subsection (5). 5. Section 12 of principal Act amended

Section 12 of the principal Act is amended – (a) by repealing subsections (1) and (2) and replacing them by the following subsections – (1) For the election of Councillors to the entire Village Councils, the President shall, acting in accordance with the advice of the Prime Minister – (a) issue writs of election within 60 days of the date of any dissolution of the former Village Councils; and (b) appoint, where necessary, the date on which the poll is to be taken. (2) The election of Councillors to the entire Village Councils shall be held in accordance with the Representation of the People Act. (b) by repealing subsection (5). 22 Acts 2021 6. Section 12A of principal Act repealed and replaced

Section 12A of the principal Act is repealed and replaced by the following section – 12A. Extension of life of Municipal City Council and Municipal Town Councils, and Village Councils (1) At any time when – (a) there is, or there is likely to be, an epidemic of a communicable disease in Mauritius; and (b) a quarantine period is in force in Mauritius, the President, acting in accordance with the advice of the Prime Minister, shall, by Proclamation, extend, from time to time, the life of 6 years of the entire Municipal City Council and Municipal Town Councils, or entire Village Councils, by not more than one year at a time, provided that the life of the Councils shall not be extended for more than 2 years. (2) Where, pursuant to subsection (1), the life of 6 years of the entire Municipal City Council and Municipal Town Councils, or entire Village Councils, is extended – (a) every member of the Councils, including a District Councillor, other than the Lord Mayor and Deputy Lord Mayor, Mayors and Deputy Mayors, and Chairpersons and Vice-chairpersons of District Councils and Village Councils, shall continue to serve as such until the day preceding nomination day at the next general election of the entire Municipal City Council and Municipal Town Councils, and the entire Village Councils, as the case may be; (b) the Lord Mayor and Deputy Lord Mayor, Mayors and Deputy Mayors, and Chairpersons and Vice- chairpersons of District Councils and Village Councils, shall continue to serve as such Acts 2021 23 until their successors are elected after the next general election of the entire Municipal City Council and Municipal Town Councils, and the entire Village Councils, as the case may be; and (c) every member of an Executive Committee of a Municipal City Council, Municipal Town Council and District Council shall continue to serve as such until the day preceding nomination day at the next general election of the entire Municipal City Council and Municipal Town Councils, and the entire Village Councils, as the case may be. (3) (a) Where, subsequent to subsection (2)(a), a vacancy occurs in the office of a Councillor, other than in the office of a District Councillor, the vacant seat shall be filled in accordance with section 42. (b) Where a vacant seat is filled pursuant to paragraph (a), that person shall hold office until the day preceding nomination day at the next general election of the entire Municipal City Council and Municipal Town Councils, and the entire Village Councils, as the case may be. (4) (a) Where, subsequent to subsection (2)(a), a vacancy occurs in the office of a District Councillor, an election to fill the vacancy shall be held within 15 days of the occurrence of the vacancy by the Village Council concerned and conducted in the manner provided in section 13. (b) A District Councillor elected pursuant to paragraph (a) shall hold office until the day preceding nomination day at the next general election of the entire Village Councils. (5) (a) Where a vacancy occurs in the office of the Lord Mayor and Deputy Lord Mayor, Mayors and Deputy Mayors, and Chairpersons and Vice-chairpersons of District Councils and Village Councils, an election to fill the vacancy shall be held within 15 days of the occurrence of the vacancy and conducted in the manner provided in section 34. 24 Acts 2021 (b) A Lord Mayor, Deputy Lord Mayor, Mayor, Deputy Mayor, Chairperson or Vice-chairperson elected pursuant to paragraph (a) shall hold office until his successor is elected after the next general election of the entire Municipal City Council and Municipal Town Councils, or entire Village Councils, as the case may be. (6) In this section – “communicable disease” has the same meaning as in the Quarantine Act 2020; “quarantine period” has the same meaning as in the Quarantine Act 2020. 7. Section 48 of principal Act amended

Section 48 of the principal Act is amended by adding the following new subsection – (7) Every member of an Executive Committee of a Municipal City Council, Municipal Town Council and District Council shall continue to serve as such until the day preceding nomination day at the next general election of the entire Municipal City Council and Municipal Town Councils, and the entire Village Councils, as the case may be. 8. Section 115 of principal Act amended

Section 115 of the principal Act is amended, in subsection (4), by inserting, after the word “sections”, the words “12A(2)(a),”. 9. Section 117 of principal Act amended

Section 117 of the principal Act is amended, in subsection (11), by adding the following new paragraphs – (c) Paragraph (a) shall not apply where the time limit of 14 days referred to in subsection (7) or part thereof, or the time limit of 3 days referred to in subsection (8) or part thereof, Acts 2021 25 falls on or after the date on which a new Permits and Business Monitoring Committee is constituted after the general election of the entire Municipal City Council and Municipal Town Councils, and the entire Village Councils, as the case may be. (d) The time limit of 14 days referred to in subsection (7) or part thereof, or the time limit of 3 days referred to in subsection (8) or part thereof, which falls on or after the date on which a new Permits and Business Monitoring Committee is constituted after the general election of the entire Municipal City Council and Municipal Town Councils, and the entire Village Councils, as the case may be, shall lapse and a new time limit of 14 days or 3 days shall commence on the date the new Permits and Business Monitoring Committee is constituted. Passed by the National Assembly on the twenty fifth day of May two thousand and twenty one. Bibi Safeena Lotun (Mrs) Clerk of the National Assembly _______________