Section 54: Powers of authorised officers of Municipal City Council, Municipal Town
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
54. Powers of authorised officers of Municipal City Council, Municipal Town
Council or District Council
(1) Subject to subsection (2), every authorised officer of a Municipal City
Council, Municipal Town Council or District Council—
(a) shall have all the necessary powers to—
(i) enter, at all reasonable times, any place where a building is
being constructed or repaired, to ascertain whether the
required Building and Land Use Permit has been obtained
and, if so, whether the conditions of such permit are being
respected;
(ii) issue all orders required so that the Planning and Development Act, the Town and Country Planning Act and the
Building Act Building Control Act are complied with;
(b) shall have the powers, privileges, immunities and duties of a
police officer in the execution of all summons and orders issued
in relation to any offence against an enactment relating to a
Municipal City Council, Municipal Town Council or District
Council;
(c) may seize any article or animal which is the subject matter of an
offence under any enactment relating to a Municipal City Council, Municipal Town Council or District Council where—
(i) the seizure is necessary for the purpose of establishing the
offence; or
(ii) the article or animal is liable to seizure or confiscation;
(d) may, without warrant, arrest any person for any offence under
any enactment relating to a Municipal City Council, Municipal
Town Council or District Council where the person—
(i) not being known to him, refuses to give his name and
address or gives a name and address which he has reason
to consider to be false; or
(ii) runs away or attempts to run away, rescues any article
seized or in any way obstructs, hinders, opposes or molests
the inspector;
(e) shall wear such uniform, and carry such staff or other insignia of
office, as the Municipal City Council, Municipal Town Council or
District Council may determine.
(2) (a) Any person arrested under subsection (1) (e) shall be taken
forthwith to the nearest police station and the officer in charge of the station
shall, where he is satisfied in respect to the name, position and place of
abode of the person arrested, release him provisionally after recording all the
particulars concerning the case in the occurrence book of the station.
(b) Where the person arrested is not released, he shall be taken
before a Magistrate on the next sitting day.
[Issue 5] L18 – 36
Revised Laws of Mauritius
(c) Any article or animal seized or confiscated under subsection (1) (c)
shall be disposed of—
(i) in such manner as the Court may direct;
(ii) where no direction has been issued by the Court, in such manner
as the Chief Executive may determine.
Sub-Part B – Services of Local Authority
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Questions this section answers
- Can a Council officer enter my construction site to check for a Building and Land Use Permit?
- Can a Council officer arrest me without a warrant for a local-authority offence?
- What happens to an article or animal seized by a Council officer?