Section 75: Saving and transitional provisions

75. Saving and transitional provisions (1) The following bodies shall be dissolved 3 months after the coming into operation of this Act or within such extended period as the Ministry may approve— (a) the Town and Country Planning Board established under section 3 of the Town and Country Planning Act; (b) any planning committee appointed under section 10 of the Town and Country Planning Act; and (c) the Morcellement Board established under section 4 of the Morcellement Act. (Subsec. (1) not in operation.) (2) Notwithstanding subsection (1), the Town and Country Planning Board shall continue in existence and shall retain— (a) all the powers, and exercise all the functions, of the Commission for so long as the Commission has not been constituted; (b) its appellate jurisdiction under the repealed Town and Country Planning Act for so long as the Tribunal has not been constituted. (3) Subject to any express provision of this Act, anything that— (a) was done and commenced under a provision of an enactment that is amended or repealed by this Act; and (b) has effect or is not completed immediately before the amendment or repeal of the provision, shall continue to have effect, or may be completed, as the case may be, under and in accordance with this Act. (Subsec. (3) not in operation.) (4) An outline or detailed scheme approved or adopted under the Town and Country Planning Act and in force immediately before the commencement of this Act shall be taken to be a development plan approved under section 15 of this Act and— (a) shall continue in full force and effect under this Act; and P11 – 49 [Issue 1] Planning and Development Act (b) may be amended or repealed in accordance with this Act. (Subsec. (4) came into operation on 15 September 2006.) (5) (a) Any development permit granted under section 7 of the repealed Town and Country Planning Act which is in force immediately before the coming into operation of this Act shall be taken to be a development permit granted under this Act and shall continue in force on the same conditions and with the same effect as if this Act had not come into force in accordance with this Act. (b) The permit authority in respect of a permit referred to in subsection (1) shall be taken to be the local authority of the area in which the land to which the permit applies is situated. (Subsec. (5) not in operation.) (6) A letter of intent, or a morcellement permit, issued under the repealed Morcellement Act and in force immediately before the commencement of this Act shall continue to have full force and effect, as if it were a development permit or a morcellement certificate, as the case may be, under this Act, for a period of 3 years from the coming into operation of this Act. (Subsec. (6) not in operation.) (7) (a) Every application made under an enactment repealed or amended by this Act, and pending on the coming into operation of this Act shall be dealt with by the permit authority as if this Act had not come into force. (b) A development permit or morcellement permit issued pursuant to paragraph (a) shall be deemed to be a development permit or morcellement permit issued under this Act. (Subsec. (7) not in operation.) (8) Upon the dissolution of the Town and Country Planning Board, any appeal pending before the Board shall be removed to the Tribunal and be determined as if it were an appeal brought under this Act. (Subsec. (8) not in operation.) (9) (a) Every person on the staff of the Town and Country Planning Board evelopment permit or morcellement permit issued pursuant to paragraph (a) shall be deemed to be a development permit or morcellement permit issued under this Act. (Subsec. (7) not in operation.) (8) Upon the dissolution of the Town and Country Planning Board, any appeal pending before the Board shall be removed to the Tribunal and be determined as if it were an appeal brought under this Act. (Subsec. (8) not in operation.) (9) (a) Every person on the staff of the Town and Country Planning Board immediately before the dissolution of the Board shall, as from that date, be entitled to be offered appointment in the public service on terms and conditions, including accrued pension rights, which are not less favourable than those obtained by him before the date of the dissolution of the Board. (b) The period of service with the Town and Country Planning Board of every person exercising his right to be transferred to the public service under paragraph (a) shall be deemed to be an unbroken period of service in the public service. (c) No person on the staff of the Town and Country Planning Board shall, on account of his transfer to the Public Service under paragraph (a), be entitled to claim that his contract of service has been terminated in breach of any enactment. (d) Any disciplinary enquiry or proceedings, pending or in process against any person on the staff of the Town and Country Planning Board shall, as from the date of dissolution of the Board, be taken up and determined by the Public Service Commission as if the enquiry or proceedings had been started under the Public Service Commission Regulations. [Issue 1] P11 – 50 Revised Laws of Mauritius (e) Any person on the staff of the Town and Country Planning Board who— (i) refuses in writing an offer of transfer made to him; (ii) fails to accept in writing an offer of transfer made to him, within one month of such offer; (iii) having accepted the offer of transfer and been appointed in the public service ceases to be in the public service for any reason, shall be deemed to have retired from the Town and Country Planning Board. (Subsec. (9) not in operation.)