Section 3: Declaration of assets and liabilities

3. Declaration of assets and liabilities (1) Every member of the National Assembly, the Rodrigues Regional Assembly and any Councillor of a Municipal City Council, Municipal Town Council or District Council shall, not later than 30 days— (a) after the first sitting of the National Assembly, the Rodrigues Regional Assembly, or any Municipal City Council, Municipal Town Council or District Council or after being elected to the National Assembly, the Rodrigues Regional Assembly or, the Municipal City Council, Municipal Town Council or District Council, following a by-election, as the case may be; (b) after the seat becomes vacant in accordance with section 35 of the Constitution, section 19 of the Rodrigues Regional Assembly Act or section 40 of the Local Government Act, deposit with the Commission, the Clerk of the Rodrigues Regional Assembly or the Chief Executive of the Municipal City Council, Municipal Town Council or District Council, as the case may be, a declaration of assets and liabilities in relation to himself, his spouse and minor children and grand-children and, subject to subsection (3), his children of age. (2) Where a person is appointed a Minister or a Commissioner, he shall not later than 15 days after— (a) being appointed a Minister or a Commissioner; (b) his office becomes vacant in accordance with section 60 of the Constitution or section 37 of the Rodrigues Regional Assembly Act, deposit with the Commission a declaration of assets and liabilities in relation to himself, his spouse and minor children and grandchildren and, subject to subsection (3), children of age. (3) The declaration shall, in relation to children of age, specify any property sold, transferred or donated to each one of them in any form or manner whatsoever including income or benefits from any account, partnership or trust. (4) Every person who makes a declaration of his assets and liabilities shall specify the nature of his interests in the assets including any joint ownership, and the nature of his liabilities regarding those assets, including any joint liability. (5) Where the assets declared are in relation to shares or any interest in a partnership, société or company, the person who makes the declaration shall also declare the assets and liabilities of the partnership, société or company or, where this is impracticable, the market value of his shares or interest. [Issue 4] D4 – 2 Revised Laws of Mauritius (6) A declaration under this section shall be made by way of an affidavit, in the form specified in the Schedule, sworn before the Supreme Court or in the case of a Commissioner, before the Magistrate of Rodrigues. (7) The Clerk of the Rodrigues Regional Assembly and the Chief Executive of a Municipal City Council, Municipal Town Council or District Council shall transmit to the Commission any declaration made by a member of the Rodrigues Regional Assembly or a Municipal City Council, Municipal Town Council or District Council, as the case may be. [S. 3 amended by Act 48 of 1991; s. 74 (b) of Act 39 of 2001 w.e.f. 18 January 2002; s. 88 (2) (a) of Act 5 of 2002 w.e.f. 1 April 2002; s. 165 (7) (b) of Act 36 of 2011 w.e.f. 15 December 2011.]