Section 26: Responsibility of Regional Assembly
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
26. Responsibility of Regional Assembly
(1) Without prejudice to the provisions of Chapter VI of the Constitution
and notwithstanding anything to the contrary in any other law, the Regional
Assembly shall, in relation to Rodrigues, be responsible for the formulation
and implementation of policy in respect of the matters set out in the Fourth
Schedule.
(2) For the better performance of its functions, the Regional Assembly
may do all such acts and take all such steps, including, subject to the State
[Issue 7] R30 – 14
Revised Laws of Mauritius
Lands Act, the acquisition or disposal of any property or rights, as may be
necessary for or which may be conducive to or incidental to the exercise of
its powers and duties and, in particular, the Regional Assembly may—
(a) devise mechanisms to ensure the protection and security of
property, buildings, or other assets under its control;
(b) enter into such contracts as it deems fit for the efficient discharge
of its functions; and
(c) unless there is a particular objection from the Government, obtain
from foreign and international donors any grant, aid or technical
assistance.
(3) (a) The Regional Assembly shall, in relation to Rodrigues, have all the
powers and privileges which, under the Local Government Act or any other
enactment are, in the Island of Mauritius, vested in a Municipal Council as
local authority and the Regional Assembly shall, in particular, carry out, with
such modifications as may be specified in the Fifth Schedule to this Act, the
duties referred to in section 50 (2) of the Local Government Act.
(b) (i) No person shall carry out, in Rodrigues, any activity specified
in the Twelfth Schedule to the Local Government Act unless he has obtained
a licence to that effect from the Regional Assembly and paid such fee as
may be prescribed by the Regional Assembly.
(ii) Regulations made by the Regional Assembly under paragraph (b) (i)
shall not require the approval of the Minister to be published in the Gazette
and, notwithstanding the provisions of section 31 (7), (8) and (9), shall take
effect on the day specified in the regulations.
(c) Any fee prescribed for the purposes of paragraph (b) in respect
of a financial year shall become due as from 1 July of that year and may be
paid in 2 equal instalments, the second one being payable on or before
the 31 January of the following year, failing which a surcharge of 50 per
cent shall be leviable on the amount unpaid as at those dates.
(d) Any person who fails to take out a licence which he is required
to obtain under the provisions of paragraph (b), or to pay any fee which he is
required to pay under any regulations made for the purposes of paragraph (b)
shall commit an offence and shall, on conviction, be liable to a fine of not
less than 500 rupees and of not more than 10,000 rupees together with the
amount of the fee prescribed for the required licence.
[S. 26 amended by s. 165 (18) of Act 36 of 2011 w.e.f. 15 December 2011.]