Section 46: Disability because of interest

46. Disability because of interest (1) (a) Subject to paragraph (b), where a Councillor or an officer having any direct or indirect pecuniary interest in any contract or other matter is present at a meeting of the local authority at which the contract or other matter is the subject of consideration, he shall, as soon as practicable after the start of the meeting, disclose his interest and shall not take part in the consideration or discussion of, and shall not vote on any question with respect to, the contract or other matter. [Issue 8] L18 – 30 Revised Laws of Mauritius (b) Paragraph (a) shall not apply to an interest in a contract or other matter which a Councillor or an officer may have as a rate-payer or inhabitant of the area, or as an ordinary consumer of electricity or water, or to an interest in any matter relating to the terms on which the right to participate in any service, including the supply of goods, is offered to the public. (2) For the purpose of this section, a person shall, subject to subsection (1) (b), be treated as having an indirect pecuniary interest in a contract or other matter, where— (a) he or any of his nominees is a director of a company or other body with which the contract is made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or (b) he is a partner, or is in the employment, of a person with whom the contract is made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration. (3) For the purpose of this section, an interest of spouses living together shall be deemed to be an interest of both spouses. (4) A general notice given in writing by a Councillor or an officer to the appropriate Chief Executive to the effect that— (a) he or his spouse is a director, or is in the employment, of a specified company or other body; or (b) that he or his spouse is a partner, or in the employment, of a specified person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract, or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice. (5) Every Chief Executive shall record, in a book to be kept for that purpose, particulars of any disclosure made under subsection (1) and of any notice given under subsection (4), and the book shall, during office hours, be open to the inspection of any Councillor or member of the public. (6) A local authority may, by resolution, exclude any Councillor or any officer from any meeting while any contract, proposed contract, or other matter in which he has an interest referred to in subsection (1) is under consideration. (7) Any person who contravenes subsection (1) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 100,000 rupees. (8) It shall be a defence for any person prosecuted under subsection (7) to establish that he did not know that the contract, proposed contract, or other matter in which he has a pecuniary interest was the subject of consideration at the meeting. (9) No prosecution for an offence under this section shall be instituted except on information filed by the Director of Public Prosecutions. continued on page L18 – 31 L18 – 30 (1) [Issue 7] Revised Laws of Mauritius