Section 166: Transitional provisions and savings

166. Transitional provisions and savings (1) Any member of a local authority, Mayor, Deputy Mayor, Chairperson or Vice-Chairperson of a District Council or a Village Council elected under the repealed Local Government Act shall continue in office until the next general election of local authorities under this Act. (2) The District Councils referred to in section 5 of the repealed Local Government Act shall continue to administer the districts in respect of which they were set up, pending the commencement of section 7 or the relevant provisions thereof, and the relevant provisions of the repealed Local Government Act shall continue to apply in respect of the said District Councils. L18 – 87 [Issue 4] Local Government Act (3) (a) The assets and funds of the Moka/Flacq District Council shall, at the commencement of this Act, vest, depending on the area where the assets and funds are situated and determined, in accordance with the Minister’s written directions, in the Moka District Council or the Flacq District Council, as the case may be. (b) All rights, obligations and liabilities subsisting in favour of or against the Moka/Flacq District Council shall, at the commencement of this Act, continue to exist, in accordance with the Minister’s written directions, under the same terms and conditions in favour of or against the Moka District Council or the Flacq District Council, as the case may be. (c) Subject to paragraph (d), any contract entered into by the Moka/Flacq District Council shall, at the commencement of this Act, be deemed, in accordance with the Permanent Secretary’s written directions, to have been entered into by the Moka District Council or the Flacq District Council, as the case may be. (d) Any contract pertaining to goods or services entered into by the Moka/Flacq District Council shall, at the commencement of this Act, be deemed to have been entered into by the Moka District Council or the Flacq District Council, as the case may be, depending on where the goods or services have to be delivered. (e) Any licence, certificate, permit or authorisation issued, registration made or application granted by the Moka/Flacq District Council, which is valid and in force at the commencement of this Act, shall be deemed to have been issued, made or granted, in accordance with the written directions of the Chief Executive of the Moka/Flacq District Council, by the Moka District Council or the Flacq District Council, as the case may be, and shall remain valid for the period specified in the licence, certificate, permit, authorisation, registration book or any other document, as the case may be. (f) Any application made to the Moka/Flacq District Council and which is pending at the commencement of this Act, shall be deemed to have been made, in accordance with the written directions of the Chief Executive of the Moka/Flacq District Council, to the Moka District Council or the Flacq District Council, as the case may be, and shall be dealt with in accordance with this Act and any other relevant enactment. (g) All proceedings, judicial or otherwise, commenced before and pending at, the commencement of this Act, by or against the Moka/Flacq District Council, shall be deemed to have been commenced, and may be continued, as the Minister so orders, by the Moka District Council or the Flacq District Council, as the case may be. (4) (a) The assets and funds of Pamplemousses/Rivière du Rempart District Council shall, at the commencement of this Act, v dance with this Act and any other relevant enactment. (g) All proceedings, judicial or otherwise, commenced before and pending at, the commencement of this Act, by or against the Moka/Flacq District Council, shall be deemed to have been commenced, and may be continued, as the Minister so orders, by the Moka District Council or the Flacq District Council, as the case may be. (4) (a) The assets and funds of Pamplemousses/Rivière du Rempart District Council shall, at the commencement of this Act, vest, depending on the area where the assets and funds are situated and as the Minister so orders, in the Pamplemousses District Council or the Rivière du Rempart District Council, as the case may be. (b) All rights, obligations and liabilities subsisting in favour of or against the Pamplemousses/Rivière du Rempart District Council shall, at the [Issue 4] L18 – 88 Revised Laws of Mauritius commencement of this Act, continue to exist, in accordance with the Minister’s written directions, under the same terms and conditions in favour of or against the Pamplemousses District Council or the Rivière du Rempart District Council, as the case may be. (c) Subject to paragraph (d), any contract entered into by the Pamplemousses/Rivière du Rempart District Council shall, at the commencement of this Act, be deemed, in accordance with the written directions of the Permanent Secretary, to have been entered into by the Pamplemousses District Council or the Rivière du Rempart District Council, as the case may be. (d) Any contract pertaining to goods or services entered into by the Pamplemousses/Rivière du Rempart District Council shall, at the commencement of this Act, be deemed to have been entered into by the Pamplemousses District Council or the Rivière du Rempart District Council, as the case may be, depending where the goods or services have to be delivered. (e) Any licence, certificate, permit or authorisation issued, registration made or application granted by the Pamplemousses/Rivière du Rempart District Council, which is valid and in force at the commencement of this Act, shall be deemed to have been issued, made or granted, in accordance with the written directions of the Chief Executive of the Pamplemousses/Rivière du Rempart District Council, as the case may be, and shall remain valid for the period specified in the licence, certificate, permit, authorisation, registration book or any other document, as the case may be. (f) Any application made to the Pamplemousses/Rivière du Rempart District Council and which is pending at the commencement of this Act, shall be deemed to have been made, in accordance with the written directions of the Chief Executive of the Pamplemousses/Rivière du Rempart District Council, to the Pamplemousses District Council or the Rivière du Rempart District Council, as the case may be, and shall be dealt with in accordance with this Act and any other relevant enactment. (g) All proceedings, judicial or otherwise, commenced before and pending at, the commencement of this Act, by or against the Pamplemousses/ Rivière du Rempart District Council, shall be deemed to have been commenced, and may be continued, as the Minister so orders, by the Pamplemousses District Council or the Rivière du Rempart District Council, as the case may be. (5) (a) The assets and funds of the Grand Port/Savanne District Council shall, at the commencement of this Act, vest, depending on the area where the assets and funds are situated and as the Minister s ing at, the commencement of this Act, by or against the Pamplemousses/ Rivière du Rempart District Council, shall be deemed to have been commenced, and may be continued, as the Minister so orders, by the Pamplemousses District Council or the Rivière du Rempart District Council, as the case may be. (5) (a) The assets and funds of the Grand Port/Savanne District Council shall, at the commencement of this Act, vest, depending on the area where the assets and funds are situated and as the Minister so orders, in the Grand Port District Council or the Savanne District Council, as the case may be. (b) All rights, obligations and liabilities subsisting in favour of or against the Grand Port/Savanne District Council shall, at the commencement of this Act, continue to exist, in accordance with the Minister’s written directions, under the same terms and conditions in favour of or against the Grand Port District Council or the Savanne District Council, as the case may be. L18 – 89 [Issue 4] Local Government Act (c) Subject to paragraph (d), any contract entered into by the Grand Port/Savanne District Council shall, at the commencement of this Act, be deemed, in accordance with the written directions of the Permanent Secretary, to have been entered into by the Grand Port District Council or the Savanne District Council, as the case may be. (d) Any contract pertaining to goods or services entered into by the Grand Port/Savanne District Council shall, at the commencement of this Act, be deemed to have been entered into by the Grand Port District Council or the Savanne District Council, as the case may be, depending where the goods or services have to be delivered. (e) Any licence, certificate, permit or authorisation issued, registration made or application granted by the Grand Port/Savanne District Council, which is valid and in force at the commencement of this Act, shall be deemed to have been issued, made or granted, in accordance with the written directions of the Chief Executive of the Grand Port/Savanne District Council, by the Grand Port District Council or the Savanne District Council, as the case may be, and shall remain valid for the period specified in the licence, certificate, permit, authorisation, registration book or any other document, as the case may be. (f) Any application made to the Grand Port/Savanne District Council and which is pending at the commencement of this Act, shall be deemed to have been made, in accordance with the written directions of the Chief Executive of the Grand Port/Savanne District Council, to the Grand Port District Council or the Savanne District Council, as the case may be, and shall be dealt with in accordance with this Act and any other relevant enactment. (g) All proceedings, judicial or otherwise, commenced before and pending, at the commencement of this Act, by or against the Grand Port/ Savanne District Council, shall be deemed to have been commenced, and may be continued, as the Minister so orders, by the Grand Port District Council or the Savanne District Council, as the case may be. (6) Every licence or permit issued under the repealed Local Government Act or Local Government Act 2003 by a Municipal or District Council or the Rodrigues Regional Assembly shall continue to be valid and effective for the period for which it was issued. (7) (a) The President of the Valuation Tribunal appointed under section 90 of the repealed Local Government Act shall continue as the Chairperson of the Valuation Trib nd Port District Council or the Savanne District Council, as the case may be. (6) Every licence or permit issued under the repealed Local Government Act or Local Government Act 2003 by a Municipal or District Council or the Rodrigues Regional Assembly shall continue to be valid and effective for the period for which it was issued. (7) (a) The President of the Valuation Tribunal appointed under section 90 of the repealed Local Government Act shall continue as the Chairperson of the Valuation Tribunal established under this Act, on the same terms and conditions as those applicable to him at the commencement of this Act, and or a term expiring on the day on which their appointment would have expired if this Act had not come into operation. (b) The members of the Valuation Tribunal appointed under section 90 of the repealed Local Government Act shall continue as members of the Valuation Tribunal established under this Act, on the same terms and conditions as those applicable to them at the commencement of this Act, and for a term expiring on the day on which their appointment would have expired if this Act had not come into operation. [Issue 4] L18 – 90 Revised Laws of Mauritius (c) Every determination of the Valuation Tribunal under the repealed Act shall, at 15 December 2011, be deemed to be a determination of the Valuation Tribunal under this Act. (d) Any appeal made under section 93 of the repealed Local Government Act to the Supreme Court against a determination of the Valuation Tribunal shall be deemed to be an appeal made to the Supreme Court against a determination of the Valuation Tribunal under this Act. (e) Where, after hearing an appeal against a determination of the Valuation Tribunal under the repealed Local Government Act, the Supreme Court decides to remit the matter for determination, the matter shall be remitted to the Valuation Tribunal established under this Act, which shall have the power to hear and determine the matter. (8) Where this section does not make provision for any transition, the Minister may make such regulations as may be necessary for such transition.