Section 52: Powers of local authority

52. Powers of local authority (1) Subject to any limitations or restrictions imposed by or under this Act or any other enactment, a local authority shall have such powers as are necessary to attain its objects and discharge its functions most effectively. (2) Notwithstanding any other enactment, the areas, places, property and undertakings specified in the Eighth Schedule shall be exclusively controlled, managed and maintained by, and all revenues derived therefrom shall accrue to, the Municipal City Council of Port Louis. [Issue 4] L18 – 34 Revised Laws of Mauritius (3) For the better performance of its functions, any Municipal City Council, Municipal Town Council or District Council may do such acts and take such steps, including the acquisition and disposal of any property rights which it considers necessary for or conducive or incidental to the exercise of its powers and duties, and may in particular— (a) enter into such contracts as it deems fit for the efficient discharge, under its supervision and responsibility, of its functions; (b) with the Minister’s approval, enter in partnership with any other local authority, parastatal organisation, private person, firm, partnership or company for the realisation of any joint venture, commercial, industrial or otherwise. (4) In the exercise of its functions under section 50 or 51, a local authority may, temporarily or permanently, close, divert, alter, widen, raise or lower any public road and carry out all works which it considers appropriate in the area, including the planting and felling of trees or shrubs and the digging of wells and conduits. (5) Where any closure or diversion of any road under this section is likely to be permanent or where any widening requires the demolition of buildings belonging to third parties, the resolution to close, divert or widen the road shall be subject to the approval of the Minister and no work shall be undertaken until notice of the resolution— (a) has been published in 2 consecutive issues of the Gazette; and (b) has been communicated to all persons whose premises may be injuriously affected by such works, by registered post with avis de réception at the residence or at the last known place of residence of such persons. (6) The Minister may, where he considers it expedient, order the relevant unit of the Ministry to carry out any function of a local authority referred to in section 50 (2) (a) to (c), (e) to (g), (k), (n), (p) and (q).