RL 1/333 – 30 November 1981
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
1 Short title
2 Interpretation
3 Towns and villages declared
4 Exemption from Act
5 Application of Act
6 Amendments to buildings
PART II – PROVISIONS APPLICABLE TO BUILDINGS IN GENERAL
7 No building without permit
8 Reguirements for permit
9 Appeal from Ministry of Health’s decision
10 No place of entertainment without permit
11 Conditions for giving permit
12 Appeal from decision of the Authority
13 Saving clause
14 Notice
15 Grant of permit
15A Accessibility and parking
16 Inspection of buildings
17 Safety and ventilation of buildings
18 Permit void after 6 months
19 No building to be used before approval
20 Penalties
21 Unauthorised habitation of rooms
PART III – DANGEROUS BUILDINGS
22 Dangerous building to be surveyed
23 State of building to be certified
24 Safety of inhabitants
25 Failure to comply with order of Mayor
26 Occupier to recover expenses from owner
27 Sale of materials
28 Ruinous buildings
29 How sale to be conducted
30 Notice of repairs
31 Provisions relative to dangerous buildings
32 Fees to surveyor of dangerous buildings
33 Power of President to remit fees
PART IV – FORGES AND FURNACES
34 Restriction on forges and furnaces
35 Exemption in special cases
36 Licence to be obtained from Authority
37 Notice of application for licence
38 Time for objection
39 Chimneys
40 Petroleum and other engines
PART V – LEGAL PROCEEDINGS
41 Service of orders or notices
42 Unoccupied premises and absent owner
43 Form of order or notice
44 Penalties before whom recovered
45 Penalties by whom recovered
46 Application of penalties
47 Liability to penalty not exclusive
48 Limitation
49 Private rights not affected
50 Obligation to make discovery
51 Several offenders
52 Restriction on proceedings
53 Recovery of costs and expenses
54 Proceedings against joint defaulters
55 Enforcement of order to close premises
56 Furnishing of security
57 Where appeal is allowed
58 Before whom appeal to be made
59 Form of appeal
60 Time for appeal
61 Suspension pending appeal
62 Power of Magistrate
63-71 –
72 Enforcement of orders or notices
73-75 –
PART VI – MISCELLANEOUS
76 –
77 Authority for execution of Act
78 Regulations
79 Jurisdiction
80 Offences and penalties FIRST SCHEDULE SECOND SCHEDULE
PART I – PRELIMINARY
This Act may be cited as the Building Act.
2 Interpretation
In this Act –
“Authority” means the authority designated under section 77, and includes any officer or agent delegated by the authority;
“licensed architect” has the same meaning as in the Professional Architects Council Act; “Ministry” means the Ministry to which the subject of public infrastructure is assigned;
“new building” includes the conversion into a dwelling house of any building not originally constructed for human habitation, or the conversion into more than one dwelling-house only;
“occupier” means every person in actual occupation of any premises, and includes the owner of any premises when in actual occupation or the tenant, and also the agent or representative of the owner or tenant;
“owner” means the person receiving, or who would be entitled to receive, the rent of any premises, if they were let whether for his own behalf or that of any other person, or, where the owner cannot be ascertained, the occupier;
“premises” means all lands or tenements whether built on or not, and includes all buildings built thereon;
“professional architect” has the same meaning as in the Professional Architects Council
Act;
“regulations” means regulations made under this Act;
“rural district” means any place in the districts not included within the limits of the towns of
Port Louis, Curepipe, Beau Bassin-Rose Hill, Quatre Bornes or Vacoas-Phoenix; “street” means a public road including its footpaths and the houses erected on one or both
sides of it;
“village” means a locality already proclaimed as such or which may be proclaimed as such under section 3.
[Amended 12/99]
3 Towns and villages declared
The President may, by Proclamation, declare any area or locality in the rural districts to be a village and fix the boundaries of such village.
[Amended 48/91] 4 Exemption from Act(1) This Act shall not apply to any immovable property which belongs to, and is occupied solely by, the Government or a municipal council.
(2) The Prime Minister may exempt from this Act any immovable property which is leased by the Government or a municipal council for a development purpose approved by him.
5 Application of Act
(1) This Act shall apply to all new buildings and, whenever mention is made of a building, the word shall be taken to mean a new building unless the contrary appears from the context.
(2) The rebuilding of any building blown down, burnt or pulled down, to an extent equal to
75 per cent of its value, shall be deemed the erection of a new building, and every portion of the
old building that is not in conformity with this Act shall, unless the portion is habitable or may in the opinion of the Authority be easily made habitable, be taken down.
6 Amendments to buildings
All extensive repairs, reconstructions, alterations and additions shall be subject to this Act, so far as the part repaired, reconstructed, altered or added is concerned, and all such repairs, reconstructions, alterations and additions shall be carried out in such manner as to cause the building to be, when finished, as far as practicable, in accordance with the general intent and meaning of this Act.
PART II – PROVISIONS APPLICABLE TO BUILDINGS IN GENERAL
7 No building without permit
(1) Subject to subsection (2), no person shall commence the construction of a building, or extensive alterations, additions or repairs to an existing building, without having obtained a permit so to do from the Authority.
(2) Subsection (1) shall not apply to the construction of –
(a) a building used for keeping animals for domestic purposes;
(b) a shed of a temporary nature used for storage purposes in connection with the construction of a building.
[Amended 42/92]
8 Requirements for permit
No permit for the construction of a building or for extensive alterations, additions or repairs to a building shall be granted by the Authority unless –
(a) the Authority seeks and obtains a certificate in writing from the Permanent Secretary, Ministry of Health to the effect that the proposed construction, alterations, additions or repairs are in accordance with sanitary requirements;
(b) an applicant for a permit produces to the Authority in respect of a building having a floor area of 250 square metres or more, plans for the proposed construction, alterations, additions or repairs drawn up and signed by a licensed architect or a professional architect.
9 Appeal from Ministry of Health’s decision
Any person aggrieved by a decision of the Permanent Secretary, Ministry of Health, under section 8 may appeal to the Magistrate under section 58.
10 No place of entertainment without permit
No person shall commence the construction of any building to be used as a theatre, cinema hall, or other place of public entertainment, or make any addition or alteration, external or internal, to any existing building for the purpose of converting the building into, or using the building as, a theatre, cinema hall or other place of public entertainment without a permit from the Authority.
11 Conditions for giving permit
(1) No permit shall be granted by the Authority under section 10 except after a notice has been served by the applicant for a permit on contiguous owners and published on 3 successive occasions in 3 daily newspapers with adequate specification of the locality, street or road, or place where the building is to be constructed, and the purpose for which it is to be constructed or the locality, street or road, or place where the building is situated, which it is intended to convert into, or use as a theatre, cinema hall or other place of public entertainment.
(2) Within 15 days from the publication of the notice under subsection (1), any contiguous owner or any person residing in the neighbourhood of the place concerned or any other
interested person may notify by writing addressed to the Authority his objections to the issue of the permit and the Authority may, after considering the application and the objections, grant or refuse the certificate.
(3) The Authority may, whether or not an objection has been notified to the Authority, refuse to grant a permit under this Act, where it is satisfied that the construction or the conversion of the building concerned will interfere with public convenience or comfort.
12 Appeal from decision of the Authority
Any person aggrieved by a decision of the Authority under section 11 may appeal to the
Magistrate under section 58.
13 Saving clause
Sections 10 to 12 shall be in addition to, and not in derogation from, the provisions of this Act relative to the issue by the Authority of permits for commencing the construction of any building, or for the making of any extensive alterations, additions, or repairs to any existing building.
14 Notice
The owner or occupier of the land on which a building is to be constructed, altered or repaired shall give notice to the Authority of his intention to build, or make extensive alterations, additions or repairs, and shall submit plans of the property to be built and a statement of the materials of which the buildings, alterations, additions or repairs are to be made together with such other information as the Authority may require.
15 Grant of permit
(1) The Authority shall, where it is satisfied that the building, alteration, addition or repair will be in strict conformity with this Act, give the permit within 45 days of the receipt of the plans, statement and other information required under section 14.
(2) In such permit the Authority shall specify such conditions as may be considered necessary for the applicant to comply with this Act.
(3) Where the Authority refuses to grant a permit or specifies in a permit conditions which the applicant considers unjustified, the applicant may appeal to the Magistrate under section 58.
[Amended 42/92]
15A Accessibility and parking
(1) The Authority may, in respect of the construction of a building, or extensive alterations, additions or repairs to a building, to which the public may have access, impose such conditions as it thinks fit for the provision of suitable means of access to any part of the building, car park or curtilage for the use of the building and its facilities by disabled persons.
(2) The Authority may, in respect of any new building, impose such conditions as it thinks fit for the provision of parking spaces.
[Added 12/99]
16 Inspection of buildings
The Authority may enter all buildings which are being built, altered, repaired and added to, for the purpose of seeing and ascertaining whether this Act is complied with.
17 Safety and ventilation of buildings
(1) The Authority may, in respect of any new building or any existing building which— (a) is, or which may be, made accessible to the public; or
(b) may accommodate more than 20 persons,
cause the building or the works made in connection with the building to be inspected, and impose upon the owner or occupier or upon both of them such conditions with respect to the safety and ventilation of the building and proper means of entry and exit as the Authority may deem fit.
(2) The Authority may also order the building to be closed while the conditions imposed are being carried out.
(3) Where the owner or occupier fails to comply with any written order duly served upon him under subsection (1), the Authority may order the building to be closed, or the erection to be stopped, and the person who fails to comply with the order of the Authority shall commit an offence and shall, on conviction, be liable to a fine not exceeding 500 rupees and a further fine not exceeding 50 rupees for each day during which he contravenes the order.
[Amended 12/99]
18 Permit void after 6 months
A permit granted under section 15 shall be acted upon so that the external walls of the building are raised at least 2 feet above the ground, within 6 months of the date of the permit, or it shall be deemed null and void.
19 No building to be used before approval
(1) No new building shall be inhabited, used or occupied, until it has been inspected and approved by the Authority.
(2) Any person who allows any new building to be used, occupied or inhabited in breach of this section shall commit an offence and shall, on conviction, be liable to a fine not exceeding
10 rupees for every day during which the building is used, occupied or inhabited.
(3) Any violation of this section shall give to the Authority the right to close the building forthwith.
[Amended 42/92]
20 Penalties
Any person who –
(a) contravenes section 7 or 10;
(b) having obtained a permit for erecting a building, does not comply with any condition imposed upon him or with any part of the plan or specification upon which the permit has been granted,
shall commit an offence and shall, on conviction, be liable to a fine of not less than 15,000 rupees and not more than 20,000 rupees.
[Amended 42/92]
21 Unauthorised habitation of rooms
Any person who knowingly suffers any room, not constructed in conformity with this Act to be inhabited shall, in addition to any other liabilities he may be subject to under this Act, commit an offence and shall, on conviction, be liable to a fine not exceeding 200 rupees for every day during which the room is inhabited and any room in which any person passes the night shall be deemed to be inhabited within the meaning of this Act.
PART III – DANGEROUS BUILDINGS
22 Dangerous building to be surveyed
Where, in the town of Port Louis, it is made known to, or considered, by the Mayor or the Permanent Secretary of the Ministry or the Commissioner of Police, that any structure (including in such expression any building or wall) is in a dangerous state to passers-by, or to the occupiers, or to the neighbouring buildings, the Mayor shall, upon receiving the report or information, or upon the application of the Permanent Secretary of the Ministry or the Commissioner of Police, direct the Town Architect or some competent architect or building surveyor to survey the structure.
[Amended 12/99] 23 State of building to be certifiedUpon the completion of this survey, the Town Architect, or architect or building surveyor employed, shall certify to the Mayor his opinion as to the state of the structure.
24 Safety of inhabitants
(1) Where a certificate issued under section 23 is to the effect that the structure to which it relates is not in a dangerous state, no further proceedings shall be had in respect thereof.
(2) Where a certificate is to the effect that the structure is in a dangerous state, the Mayor shall cause –
(a) the structure to be shored up or otherwise secured, and a proper hoarding or
fence to be put up for the protection of passers by; and
(b) notice in writing to be given to the owner or occupier of the structure requiring him forthwith to take down, remove, secure, or repair the structure, as the case may be.
25 Failure to comply with order of Mayor
(1) Where an owner or occupier, to whom notice is given under section 24, fails to comply as speedily as the nature of the case permits with the requisition of such notice, the Mayor may make complaint to one of the Magistrates of Port Louis.
(2) The Magistrate may order the owner, or, in his default, the occupier, of any such structure, to take down, remove, repair or otherwise secure, to the satisfaction of the architect or building surveyor who gave the certificate under section 23, such structure or such part thereof as appears to him to be in a dangerous state, within a time to be fixed by such Magistrate.
(3) Where the structure is not taken down, removed, repaired or otherwise secured, within the time so limited, the Mayor, may, with all convenient speed, cause all or so much of the structure as is in a dangerous condition to be taken down, removed, repaired or otherwise secured in such manner as may be requisite.
(4) All expenses incurred by the Mayor in respect of any structure by reason of sections
22, 23 and 24 shall be paid by the owner or occupier of the structure, even where he has complied with the notice under section 24, without prejudice to the owner’s right to recover the expenses from any occupier legally liable for such repairs.
26 Occupier to recover expenses from owner
(1) Subject to subsection (3), where an occupier who is not liable for the expenses of such repairs, has, upon the requisition of the notice given under section 24, complied with such requisition in default of the owner, he shall, where he has given previous notice to the owner, receive from the owner the cost of such repairs and collateral expenses.
(2) The Mayor’s written requisition shall before every court be deemed to be the best evidence that such structure was in a dangerous state and that such repairs were required.
(3) The cost and collateral expenses of the repairs effected to the dangerous structure claimable from the owner shall be limited to 6 months rent.
27 Sale of materials
(1) Where any house or building or any part of it is pulled down by virtue of the powers under section 25, the Mayor may sell the materials thereof, or so much of the house or building as is pulled down, by public auction, and apply the proceeds of the sale in payment of the expenses incurred in respect of the house or building.
(2) The Mayor shall restore any surplus arising from the sale to the owner of the house or building on demand.
(3) The owner shall remain liable to the payment of so much of the expenses as may remain due after the application of the proceeds of the sale.
28 Ruinous buildings
Where any house, building, tenement, or area, has become waste and ruinous within the town of Port Louis, or become the receptacle for filth and other nuisances, or unsafe and unfit for use and occupation, and, being held by 2 or more owners, cannot be rebuilt or disposed of without the consent of all the parties interested therein, and is allowed to continue in a waste and ruinous or unsafe state in consequence of the parties being unable or unwilling or delaying to agree as to the sale or rebuilding thereof, the Mayor may, after notice given under section 24 to
all the owners severally, if the said notice is not complied with and after the expiration of the time fixed in such notice, apply to a Judge in Chambers for an order for the sale of the house, building, tenement or area.
29 How sale to be conducted
(1) The Judge shall issue an order calling all parties interested therein to appear before him, and if the said parties have not, within a period not exceeding one month to be fixed by the Judge, agreed to sell or repair the house, building, tenement or area, the Judge shall authorise the Mayor to prosecute the sale before the Registrar.
(2) The sale shall be carried on at the suit of the Mayor and in the manner and form as is provided for the sale of any small immovable property belonging to a bankrupt and sold by public competition before the Registrar, and one of the conditions of the sale shall be that the purchaser shall either pull down, rebuild or repair the house, building or tenement, or shall make it fit for use and occupation, in the manner and form as had been required of the owners thereof, to the satisfaction of the municipal council, and within the time fixed in the said conditions.
30 Notice of repairs
(1) The notice containing the Mayor’s requisition to take down, remove, repair or otherwise secure any dangerous structure shall simply and clearly convey the intent of the Mayor, and, in case of repairs, describe the repairs required to be effected, and it shall be signed by the Mayor or Deputy Mayor, and served by an usher personally upon the owner and occupier.
(2) Where the owner cannot be found, or is not represented in Mauritius, it shall be sufficient, on affidavit of the facts being sworn and filed in the District Court, to serve the notice on the occupier and on the Curator and to affix a copy on the main entrance of the structure deemed dangerous.
31 Provisions relative to dangerous buildings
(1) Sections 22 to 30 shall apply to structures and tenements in the towns of Curepipe, Beau Bassin-Rose Hill, Quatre Bornes, and Vacoas-Phoenix and in the rural districts, and the Authority shall in the towns and in the rural districts act in the same way as the Mayor or Municipal Council of Port Louis.
(2) Where in relation to a structure or tenement situate in Port Louis, application is to be made to the Magistrate of Port Louis, such application shall, in the towns and in the rural districts referred to in subsection (1), be made to the Magistrate of the district within whose jurisdiction the structure or tenement is situated.
32 Fees to surveyor of dangerous buildings
Fees to be fixed by the Authority and not exceeding the amounts specified in the First Schedule shall be paid in respect of the services of the architect or building surveyor employed to survey structures deemed dangerous and shall accrue to the Municipal Council of Port Louis, Curepipe, Beau Bassin-Rose Hill, Quatre Bornes or Vacoas-Phoenix or to the Consolidated Fund, as the case may be.
33 Power of President to remit fees
The President may remit or reduce on good cause shown any of the fees referred to in section 32.
[Amended 48/91]PART IV – FORGES AND FURNACES
34 Restriction on forges and furnaces
Subject to section 35, no forge, fireplace, oven or furnace, used for the working of engines by steam, or in any factory, workplace, dye house, brewery, bake house or gas work, or in any manufacturing or trade process, shall be built, erected or established in such parts of Port Louis, as may be specified in regulations made under this Act.
35 Exemption in special cases
The Authority may authorise a forge, fireplace, oven or furnace, to be built, erected or established in any prohibited part of Port Louis, but only in cases and for purposes of public utility and with the sanction of the President.
[Amended 48/91] 36 Licence to be obtained from Authority(1) No forge, fireplace, oven or furnace, shall be built, erected or established in any part of Mauritius, except in pursuance of a written licence given by the Authority and signed by the Authority and under such conditions as the Authority may consider expedient to annex to such licence for the prevention of fire or for the protection of the public health or for public convenience or comfort or for the protection of the health, or for the safety, of any worker employed in or about such forge, fireplace, oven or furnace.
(2) Such licence shall issue on payment of the appropriate fee specified in the Second
Schedule.
(3) A contravention of this section or of section 34 or 35 shall be punishable by a fine not exceeding 100 rupees.
(4) The Authority may also cause any forge, fireplace, oven or furnace, as specified in subsection (1) and sections 34 and 35 to be pulled down or removed, as the Authority thinks fit, at the expense of the offender.
(5) The conditions imposed by the Authority under subsection (1) may be disallowed or amended by the Minister upon a petition to that effect from any person alleging himself to be aggrieved by such conditions.
37 Notice of application for licence
No licence shall be granted by the Authority under section 36, except after a notice has been served by the applicant on contiguous owners and published in 2 newspapers, stating the street and the number of the premises, or, in the case of rural districts, the locality and situation of the place where the forge, fireplace, oven or furnace is to be established and the purpose of manufacture or trade for which it is to be established.
38 Time for objection
A period of 15 days shall be allowed to elapse from the service and publication of the notice under section 37, during which any party interested may write to the Authority and object to the licence.
39 Chimneys
(1) Every forge, fireplace, oven or furnace shall have a chimney, the height of which shall be determined by the Authority, regard being had to the position and circumstances of the adjoining houses.
(2) The Authority may in any case require, by notice, the owner of the premises where a forge, fireplace, oven or furnace is established, to erect in connection with it, and within a reasonable time to be specified in such notice, a proper chimney to the satisfaction of the Authority.
(3) Where the owner fails to comply with a notice under subsection (2), the Authority may, at the expiration of the time specified in the notice, order the use of the forge, fireplace, oven or furnace to be discontinued, and any person using the forge, fireplace, oven or furnace after the notice shall commit an offence, and shall, on conviction, be liable to a fine not exceeding 200 rupees and to a further fine not exceeding 10 rupees for each day during which he continues to use the forge, fireplace, oven or furnace.
40 Petroleum and other engines
(1) No petroleum, electric or internal combustion engine shall be built or established except under a valid licence.
(2) Sections 36, 37 and 38 shall apply to every licence issued under this section.
(3) A licence issued under this section shall lapse –
(a) where it has not been implemented within 2 years of its date of issue; or
(b) where operation under the licence is suspended for a period of 2 years.
(4) A licence issued under this section shall at all times be subject to such terms and conditions as the Authority may impose, whether at the time of issue or renewal of the licence or during its currency.
PART V – LEGAL PROCEEDINGS
41 Service of orders or notices
Where under this Act any order or notice is required or has to be given to the owner or occupier of any premises or to any other party in reference to the purposes of this Act, such order or notice, addressed to such owner or occupier or party, shall be signed by the Authority, and shall be served by a municipal inspector or a building inspector, as the case may be, by delivering a copy, certified to be a true copy, to the owner or occupier or other party in person or at his domicile or to his agent.
[Amended 42/92] 42 Unoccupied premises and absent ownerWhere the premises are not occupied, and where the owner, after diligent search, cannot be found, or is absent from Mauritius and has no known agent, the order or notice shall be served by delivering a copy to the Attorney-General, by affixing another copy upon some conspicuous part of the premises, and by one notification in 2 newspapers.
43 Form of order or notice
Every such order or notice shall –
(a) specify the section of this Act under which the order or notice is given;
(b) clearly and explicitly specify what work is to be executed, or what building or part thereof is to be secured, repaired, pulled down or removed, or what infringement of this Act is to be discontinued;
(c) contain an injunction to the person to whom the order or notice is addressed to execute the work and shall state what building or part thereof is to be secured, repaired, pulled down or removed, or what infringement of this Act is to be discontinued;
(d) fix a reasonable time within which the works are to be executed, what building or part thereof is to be secured, repaired, pulled down or removed, or what infringement of this Act is to be discontinued.
44 Penalties before whom recovered
(1) All fines, penalties or forfeitures shall, whatever be the amount of forfeitures recovered, where the amount of the fines does not altogether exceed 2,000 rupees, be sued for and recovered before the Magistrate within whose jurisdiction the offence may have been committed, otherwise before the Intermediate Court.
(2) The Director of Public Prosecutions may in any case where the amount of fines recoverable exceeds in the aggregate 2,000 rupees, reduce the fine claimed to 2,000 rupees or under, and direct the case to be tried before a Magistrate.
45 Penalties by whom recovered
(1) Any fine, penalty and forfeiture shall be sued for and recovered at the instance of the
Authority or the Director of Public Prosecutions.
(2) The Authority may depute and delegate an officer of its respective departments to prosecute in its stead in all cases arising under this Act, or under any other enactment, and to sue and recover all fines, penalties and forfeitures under this Act or any other enactment.
(3) Subject to subsection (4), a delegation under subsection (2) shall be in writing and signed by the Authority, and may be issued before or after the information or plaint has been filed, as the Authority thinks fit.
(4) In Port Louis, the delegation may be signed by the Mayor alone without any previous authority given to him by the Municipal Council.
46 Application of penalties
All penalties or fines recovered or any forfeitures incurred on account of offences committed under this Act or regulations made under this Act shall be paid to the Municipal Council of Port Louis, Curepipe, Beau Bassin-Rose Hill, Quatre Bornes or Vacoas-Phoenix or to the Consolidated Fund, as the case may be.
47 Liability to penalty not exclusive
Notwithstanding the liability of any person to any penalty under this Act or regulations made under this Act, he shall not be relieved from any other liability to which he may be subject on account of the commission of any crime or misdemeanour (délit) punishable under the Criminal Code.
48 Limitation
No information shall be laid and no proceedings entered for the recovery of any fine or forfeiture under this Act, except within 24 months of the commission of the offence.
[Amended 42/92] 49 Private rights not affected(1) The provisions of this Act concerning any act or any proceeding, judgment or conviction, for any act hereby declared an offence, shall not take away, diminish, or prejudicially affect any suit, process, proceedings, right or remedy, to which any person aggrieved by such act or complaining of any prejudice may be entitled.
(2) A licence obtained under this Act shall not be a bar to, diminish or affect any right, remedy or process to which any person aggrieved by any act of any other person may be entitled.
50 Obligation to make discovery
(1) No provisions of this Act shall excuse or exempt any person from answering or making discovery upon examination as a witness or upon interrogatories or otherwise in any suit or other civil proceeding.
(2) No statement, evidence or discovery which any person is compelled to make shall be admissible in evidence against that person in support of any prosecution on account of any proceeding under this Act or otherwise.
51 Several offenders
Where proceedings under this Act are to be taken against several persons in respect of one offence caused by their joint act or default, such persons may be jointly included in one complaint or information or be prosecuted severally.
52 Restriction on proceedings
(1) Subject to subsection (2), no complaint, conviction, notice, certificate, order, or other proceeding, matter or thing, made or done in the execution of this Act shall be removable by certiorari, or by any other writ or process into any court, or be quashed or set aside for want of form.
(2) Where under this Act any person is condemned to pay a fine of 200 rupees or more, or to imprisonment, except where the imprisonment is awarded for non-payment of a fine, an appeal shall in every case lie to the Supreme Court against such conviction, and the formalities to enter and prosecute, hear and determine the appeal shall be the same as are provided for by the District and Intermediate Courts (Criminal Jurisdiction) Act.
[Amended 29/92]
53 Recovery of costs and expenses
(1) All costs and expenses which may be incurred by the Authority under this Act, in or on account of the execution of any work or the doing of any act or the enforcement of this Act, shall be recovered against the person who has made default in making any work or doing any act lawfully required of him under this Act before the court having jurisdiction to entertain the suit.
(2) The sum adjudicated to be recoverable by any judgment on account of such costs and expenses shall, subject to subsection (3), be a privileged claim upon the premises in respect of which such costs and expenses have been incurred and be collocated in first rank upon the sale price of such premises if and when they are sold, if the privilege is inscribed within 15 days from the date of the final judgment given in the matter.
(3) A privileged claim shall not exceed one year’s rent of such premises, the letting value of which shall, if there is no written lease to refer to, be fixed finally and without appeal to recourse of any kind by writ or otherwise, by the Registrar.
54 Proceedings against joint defaulters
Proceedings for the recovery of any costs and expenses incurred under section 53 may be taken against several persons in respect of their joint default, either jointly or severally.
55 Enforcement of order to close premises
(1) Where the Authority, in the execution of this Act and under or in virtue of any power vested in it by this Act, has ordered any premises or part of premises to be closed (and in case of appeal to the Magistrate under section 58, if the order has been confirmed), the Commissioner of Police shall, upon application made by the Authority, compel the execution of the order, eject the inmates from the premises or part of the premises, remove into the street the goods, chattels and effects of the inmates, nail up and effectually close the openings of the premises or part of the premises, and arrest and afterwards as soon as possible take before any Magistrate competent under this Act any person obstructing the execution of such order.
(2) Any person guilty of such obstruction shall commit an offence and shall, on conviction, be liable to a fine not exceeding 500 rupees, and a further fine of not more than 50 rupees for each day during which he persists in such obstruction.
56 Furnishing of security
(1) Where any premises have been ordered to be closed under this Act, they shall remain so closed until the owner or occupier has furnished 2 joint securities for the sum of 50,000 rupees to the satisfaction of the Authority, or, where the order has been given or confirmed by the Magistrate on appeal under section 58, to the satisfaction of such Magistrate.
(2) The security, required to be furnished under subsection (1), shall be to the effect that the works or things required to be executed and done in respect of such premises and which have not been executed or done shall be executed or done in strict compliance with any previous notice or order or with any new order or notice of the Authority or of the Magistrate.
(3) Where after the reopening of such premises, the owner or occupier neglects or refuses to comply with the notice or order, the premises shall be closed again and the sum of
50,000 rupees shall become forfeited to the Authority to whom the security has been furnished,
and the owner or occupier, as the case may be, shall be sued for damages before the competent court by the Authority, without prejudice to any penalty to which he may be liable for having contravened this Act.
[Amended 42/92]
57 Where appeal is allowed
An appeal may be made against any order or notice given or issued by the Authority under this Act for the enforcement or execution of such provisions, where such order or notice directs –
(a) the execution of any structural work;
(b) the closing of any premises or part of premises;
(c) the removal, alteration, re-construction or destruction of any house or building;
(d) the refusal of a licence under section 36.
58 Before whom appeal to be made
In every case in which an appeal may be made under this Act, the appeal shall be heard and determined by the Magistrate of the District where the premises built or to be built upon are situated.
59 Form of appeal
(1) Every appeal before the District Court shall be by plaint with summons, and shall be heard and determined according to the procedure prescribed by the District and Intermediate Courts (Civil Jurisdiction) Act.
(2) The plaint shall state the grounds of appeal, and the applicant shall not be allowed to adduce evidence of any ground which is not included in the plaint.
60 Time for appeal
The plaint shall be lodged with the District Clerk within 10 days after notification to or service upon the appellant of the decision, notice or order complained of.
61 Suspension pending appeal
Every decision, notice or order appealed against, in any case where an appeal is allowed, shall, pending the appeal, be suspended.
62 Power of Magistrate
(1) In giving his judgment in any appeal, the Magistrate may either dismiss the appeal absolutely or he may reverse and annul the decision, order or notice appealed against, or he may amend the decision, order or notice, or the conditions and periods contained in it as he considers expedient and proper for the execution of this Act.
(2) (a) Subject to paragraph (b), any of the parties aggrieved by the judgment of the
Magistrate may appeal to the Supreme Court according to the procedure prescribed by section
37 of the District and Intermediate Courts (Civil Jurisdiction) Act.
(b) Where the Permanent Secretary, Ministry of Health or the Authority appeals, he shall not be bound to furnish security to cover the costs of appeal.
63-71 –
72 Enforcement of orders or notices
(1) Where the order or notice appealed against is not amended, execution shall ensue against the order or notice as provided in this Act.
(2) Where the order or notice is amended, it shall be served upon the appellant and notice of it shall also be given to the Authority.
(3) The Authority may execute the amended order or notice as if it were an original order or notice.
(4) A copy of the amended order or notice, signed by the District Clerk, shall be a sufficient warrant for –
(a) the Commissioner of Police to enforce its compliance;
(b) the Authority to execute the works or carry out anything required of any person to be performed or done by the amended order or notice at the expense of the person in default.
73-75 –
76 –
PART VI – MISCELLANEOUS
77 Authority for execution of Act
The Authority for enforcing this Act shall be –
(a) for Port Louis – the Municipal Council of Port Louis, or the Mayor where he is authorised by the municipal council to act alone;
(b) for Curepipe – the Municipal Council of Curepipe, or the Mayor where he is authorised by the municipal council to act alone;
(c) for Beau Bassin-Rose Hill – the Municipal Council of Beau Bassin-Rose Hill, or the Mayor where he is authorised by the municipal council to act alone;
(d) for Quatre Bornes – the Municipal Council of Quatre Bornes, or the Mayor where he is authorised by the municipal council to act alone;
(e) for Vacoas-Phoenix – the Municipal Council of Vacoas-Phoenix, or the Mayor where he is authorised by the municipal council to act alone;
(f) for other places – the Permanent Secretary, Ministry of Works. [Amended 12/99]
78 Regulations
The Minister may make such regulations as he deems fit for the purposes of this Act. [Amended 42/92]
79 Jurisdiction
Notwithstanding –
(a) section 114 of the Courts Act; and
(b) section 72 of the District and Intermediate Courts (Criminal Jurisdiction) Act,
a Magistrate shall have jurisdiction to try any offence under this Act or any subsidiary enactment made under this Act and may impose any penalty provided by this Act or any subsidiary enactment made under this Act.
[Added 42/92]
80 Offences and penalties
(1) Any person who contravenes any provision of this Act or of any regulations made under this Act shall commit an offence.
FIRST SCHEDULE
(section 32)
Rs cs
1 For surveying a dangerous structure…………………………………………………………………………… 150
00
The Magistrate may increase the fee in special cases to ……………………………………………….. 500
00
2 For drawing up memorandum of survey………………………………………………………………………. 300
00
3 For every permit to repair any building other than a thatched building ……………………………… 5
00
4 For every permit to construct a thatched building………………………………………………………….. 1
50
5 For every permit to construct any other building (per square foot) …………………………………… 0
10
SECOND SCHEDULE
(section 36)
Rs
1 Up to 3 electric motors or for motors of total capacity not exceeding 11,186W …………………..
100
2 Exceeding 3 but not exceeding 5 electric motors or for motors of total capacity
not exceeding 18,643 W ……………………………………………………………………………………….
250
3 Exceeding 5 but not exceeding 10 electric motors or for motors of total capacity
not exceeding 37,285 W ……………………………………………………………………………………….
500
4 Exceeding 10 but not exceeding 15 electric motors or for motors of total capacity
not exceeding 74,570 W ……………………………………………………………………………………….
900
5 Exceeding 15 but not exceeding 20 electric motors or for motors of total capacity
not exceeding 111,855 W ……………………………………………………………………………………..
1,500
6 Exceeding 20 electric motors or for motors of total capacity exceeding 111,855 W
2,000
[Amended 29/85]