Section 44: Execution of undertakers’ works

44. Execution of undertakers’ works (1) An undertaker shall execute works within roads in accordance with such proposals and details as may have been agreed under section 43, or in accordance with the Minister’s decision, and with all such despatch as is reasonably practicable. [Issue 1] R28 – 22 Revised Laws of Mauritius (2) (a) An undertaker shall execute any item of works of an incidental nature, and restore the road to a proper state of repair with all reasonable despatch after completion of any part of the works, to the reasonable satisfaction of the highway authority. (b) The highway authority may, by agreement with the undertaker, undertake the reinstatement of the upper levels of the road at the undertaker’s expense. (3) Any undertaker who fails to restore the road to a proper state of repair in accordance with his obligations under this section shall commit an offence and the highway authority may, on any such non-compliance, restore the road to a proper state of repair at the undertaker’s expense. (4) (a) The undertaker shall be liable to pay to the highway authority the expenses reasonably incurred in remedying any subsidence or deterioration in restoration work carried out by or on behalf of the undertaker where the subsidence or deterioration takes place within 6 months of the completion of the restoration. (b) The highway authority shall give reasonable notice to the undertaker before remedying the subsidence or deterioration. (5) Where a highway authority carries out any work under this section at an undertaker’s expense, the expense, if unpaid, may be recovered from the undertaker as if it were a civil debt.