Section 25: Special powers

25. Special powers (1) The Board may designate in writing any officer to act as an authorised officer who shall perform the duties specified in this section. (2) An authorised officer may— (a) require a licensee to produce his licence; (b) at all reasonable times, inspect any installation, apparatus or premises relating to a licence. (3) Where a Magistrate is satisfied, by information upon oath, that there is reasonable ground to suspect that a person is contravening this Act or any regulations made thereunder, he may grant a warrant to an authorised officer enabling him to— (a) enter any premises named in the warrant and search those premises or any person found therein; [Issue 6] I12 – 16 Revised Laws of Mauritius (b) inspect, remove and take copies of any document found therein which he considers relevant; (c) inspect and remove any installation or apparatus found therein which he has reason to suspect is operating in contravention of this Act. (4) When a public operator contravenes this Act, the Authority may require the operator to remedy the default within a delay specified by it. (5) Where a public operator fails to comply with a decision taken by the Authority under subsection (4), the Authority may— (a) revoke or vary the terms of the licence; (b) suspend the licence for a period not exceeding 30 days; or (c) reduce the period, not exceeding one year, for which the licence was originally granted. (6) Where it has come to the knowledge of the Authority that there has occurred a substantial change in the composition of the share capital of the public operator, the Authority may cancel the licence forthwith, subject to the public operator being afforded an opportunity to be heard on why the licence should not be cancelled. (7) Any matter dating back to more than 3 years shall not be the subjectmatter of consideration by the Authority unless an inquiry, verification or action has been initiated within that period. (8) The Authority shall give reasons for its decision under this section and notify the interested party. (9) Notwithstanding subsection (5), where a public operator fails to comply with a decision of the Authority under subsection (4), he shall commit an offence and shall, on conviction, be liable to a fine, the maximum of which shall be 3 per cent of the net turnover of his preceding financial year or 5 million rupees, whichever is the lesser. (S. 25 came into operation on 1 June 2002.)