Section 212: Refusal to provide essential service

212. Refusal to provide essential service (1) In this section,— “essential service” means— (a) the retail supply of electricity; (b) the supply of water; or (c) telecommunication services; “telecommunication services” means the conveyance from one device to another, by any line, radio frequency or other medium, of any sign, signal, impulse, writing, image, sound, instruction, information or intelligence of any nature, whether or not for the information of a person using the device. (2) Notwithstanding any other enactment or any contract, a supplier of an essential service shall not— (a) refuse to supply the service to a receiver or to the owner of the property in receivership by reason of the chargor’s default in paying charges due for the service in relation to a period before the date of the appointment of the receiver; or [Issue 3] I14 – 124 Revised Laws of Mauritius (b) make it a condition of the further supply of the service to a receiver or to the owner of property in receivership that payment be made of outstanding charges due for the service in relation to a period before the date of appointment of the receiver. (3) Nothing in this section shall prevent the supplier of an essential service from exercising any right or power under any contract or under any enactment in respect of a failure by a company to pay charges due for the service in relation to any period after the commencement of the liquidation. Sub-Part IV – Voluntary Administration Section A – Preliminary