State Lands Act

STATE LANDS ACT Act 21/1856 ARRANGEMENT OF SECTIONS 1 2 2A Short title Interpretation Jurisdiction over defence lands 18 19 20 ‘Jouissances' Expiring 'jouissances' 3 4 5 6 7 Sale of State land Grant or lease for charitable purposes Sales by public auction Leases of State land Rules for sale or lease by auction 21 22 23 24 25 Eviction of squatters Entry of surveyors on contiguous properties Curatelle lands 8 Land with buildings 26 Rights of police and forest officers 9 - 27 10 11 12 13 14 15 15A 15B 16 17 Conditions of sale settled by Minister Purchase price Time for payment may be granted Payment of purchase price Deed of sale to be executed within 4 months Deed made at transferee's expense Parties to deeds Control over land settlement land Non-execution of deed of sale or lease Purchase of land not advertised 28 29-30 31 32 33 34 35 36 Costs and powers of Minister Exchange of State land State land in payment of compensation Regulations Public nuisance State land imprescriptible Recovery of rent SCHEDULE 1 Short title This Act may be cited as the State lands Act. Amended by [Act No. 48 of 1991] 2 Interpretation In this Act https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2048%20of%201991%5d&list=Legislations "State land" includes defence lands, 'pas géométriques' and all lands belonging to or in possession of the State; "defence lands" means the land specified in the First Schedule; Amended by [Act No. 18 of 2008] "land settlement land" means State land which the Minister, by notice in the Gazette, declares to be land settlement land; "Minister" means the Minister to whom responsibility for the subject of land use is assigned. Amended by [Act No. 48 of 1991] 2A Jurisdiction over defence lands No alienation, disposal, lease or right in, or over, defence lands shall be granted except by or on behalf of the Minister to whom the responsibility for the subject of defence is assigned. 3 Sale of State land The Minister may sell State land other than – (a) defence lands; (b) mountain reserves which belong to the State; (c) 'pas géométriques'; or (d) river reserves which belong to the State Amended by [Act No. 48 of 1991] 4 Grant or lease for charitable purposes (1) No State land shall be granted or leased otherwise than at its full rental value. (2) Notwithstanding subsection (1), the Minister may (a) where a portion of State land is bona fide required for religious, charitable or educational purposes, or for purposes of public utility, grant such land, or lease it, on payment of such rental and on such condition as he may approve; (b) where a portion of State land is bona fide required for development purposes, grant such land, or lease it on payment of such rental and on such condition as he may approve. https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2018%20of%202008%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2048%20of%201991%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2048%20of%201991%5d&list=Legislations Amended by [Act No. 48 of 1991] 5 Sales of State land - Amended by [Act No. 18 of 2008] (1) All sales of State land shall be by public auction. (2) No State land shall be sold unless it is in the public interest to do so and in exchange of another portion of land. (3) Notwithstanding the other provisions of this Act, where the owner of a house standing on a portion of State Land, which was built as part of a Housing Estate commonly known as an ex-CHA Housing Estate, is willing to buy the portion of land, the Minister may sell it to him by private contract at the price of 2000 rupees. (4) Notwithstanding subsections (1) and (2), the Minister may, subject to the approval of Cabinet, by private contract, sell any portion of land, including any building thereon, forming part of the 1,000 arpents of land to be transferred to Government out of the 2,000 arpents of land to be transferred by the Mauritius Sugar Producers Association (MSPA) in connection with the Government-MSPA deal signed on 22 April 2008. (5) Notwithstanding the other provisions of this Act, where a person holding a building site lease over a portion of State land of an extent not exceeding 422.087 square metres (10 perches), other than Pas Géométriques, on which stands a residential unit, is willing to buy the portion of land, the Minister may sell it to him by private contract at the price of 2,000 rupees. (6) (a) Notwithstanding this Act, the Minister may, subject to the approval of Cabinet, by private contract, sell any portion of land, other than Pas Géométriques, for the development of any Government approved project. (b) Where a portion of land is sold under paragraph (a), the selling price shall be not less than the open market value as the Director, Valuation and Real Estate Consultancy Services may determine or not less than such other value as Cabinet may approve. Amended by [Act No. 34 of 1989]; [Act No. 48 of 1991]; [Act No. 4 of 2007]; [Act No. 18 of 2008]; [Act No. 27 of 2013]; [Act No. 9 of 2015] 6 Leases of State land (1) All leases of State land shall be https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2048%20of%201991%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2018%20of%202008%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2034%20of%201989%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2048%20of%201991%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%204%20of%202007%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2018%20of%202008%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2027%20of%202013%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2027%20of%202013%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%209%20of%202015%5d&list=Legislations (a) By public auction, notice of which shall be given in the Gazette, and 2 daily newspapers, 2 weeks at least before the day fixed for the auction, or by private contract upon such terms and conditions, not inconsistent with this Act, as the Minister may approve; (b) subject to the conditions that – (i) the land leased shall not be used for any purpose for which it is not leased without the prior approval in writing of the Minister; (ii) the land leased shall not be so utilised as to constitute any nuisance or to cause any detriment to or pollution of the natural resources and the environment, including any adjoining sea, beach, lake, canal or river; and (iii) the lease may be cancelled, after service of a notice setting out the reason for the cancellation, if subparagraph (i) or (ii) is not duly observed; and (c) in accordance with guidelines issued by the Ministry responsible for the subject of lands, in terms of criteria, conditions and procedures to be adopted. (1A) In the case of leases for campement sites, not more than (a) one lease shall be held by a person, directly or indirectly, at any time; and (b) one arpent and a quarter shall be let at any time to a person unless (i) a portion of State land exceeding one arpent and a quarter is so situated that it cannot conveniently be divided, and, in the opinion of the Minister, it is desirable to let the whole of that portion to one person; or (ii) the granting of a lease of State land exceeding one arpent and a quarter is (A) in the opinion of the Minister in the public interest; or (B) approved by the Minister, where the land is to be used for recreation by a registered club or for a bona fide religious, charitable or educational purpose. Amended by [Act No. 26 of 2012] (1B) In the case of leases for industrial and commercial purposes, the particulars thereof and the https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2026%20of%202012%5d&list=Legislations guidelines referred in subsection (1c) shall be available for consultation at the Ministry and posted in the website of the Ministry. (1C) Notwithstanding section 7(1)(a) of the Pas Géométriques Act, a lease; granted under subsection (1) for industrial or commercial purposes shall Amended by [Act No. 14 of 2009] (a) be valid for a period not exceeding 60 years; (b) in respect of the land leased situated (i) in a zone specified in Part I of the Second Schedule, be subject to payment of an annual rental corresponding to the zone as specified in Part II of the Second Schedule; or (ii) outside the zone referred to in subparagraph (i), be subject to payment of an annual rental as specified in Part III of the Second Schedule; and (c) be subject to such other conditions as the Minister thinks fit. (1D) Notwithstanding subsection (1C) and subject to subsection (1E), any lease for industrial or commercial purposes which is valid at the commencement of this section shall remain governed by its existing terms and conditions. (1E) The Minister shall make an offer, in such form as he may determine, to the lessee of a lease referred to in subsection (1D) where the land leased is situated (a) in a zone specified in Part I of the Second Schedule; and (i) is of an extent of 15 perches or more; or (ii) is leased for the purposes of a hotel, bungalow complex or guest house; or (b) in the city centre of Port Louis, for the lessee to irrevocably opt, not later than 30 September 2009, to enter into a new lease in respect of the land. (1F) Notwithstanding subsection (1C), where a large investment project is deemed by the Minister, subject to the approval of Cabinet, to be in the economic interest of Mauritius, the https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2014%20of%202009%5d&list=Legislations annual rental determined in accordance with that subsection shall be reduced by such amount as may be determined by the Minister, and any lease may be granted for a period not exceeding 99 years, with the approval of the Minister, subject to the approval of Cabinet. (1G) Where a lessee opts for a new lease under subsection (1E) and the duration of the new lease covers any period of the existing lease, any rental payable or paid in respect of that period of the existing lease shall be deducted from the rental payable at the time of signature of the new lease or refunded, as the case may be. (1H) The Second Schedule shall apply until a fiscal cadastre is operational. Amended by [Act No. 18 of 2008]; [Act No. 14 of 2009]; [Act No. 10 of 2010] (2) The rents shall be payable in advance and, in default of payment of an instalment within one month after service of a notice claiming payment, the Minister may, notwithstanding any other enactment, by an order in writing, cancel the lease, and thereupon the Government may, without any further formality, resume possession of the land. (3) (a) Where the lessee, in the exercise of his rights under the lease, has planted the land possession of which is resumed by the Government, the Minister shall assess the value of the plantations existing at the time of resumption of possession and shall, after deducting from the assessment the arrears of rent due, pay over to the lessee, as compensation, an amount equal to the excess, if any, of the assessment over the arrears of rent due. (b) Once the assessment has been made, the lessee shall be made aware of it, and shall be informed of his right of appeal under subsection (4). (4) A lessee aggrieved by the assessment made under subsection (3) may appeal to the Magistrate of the district where the State land is situated. (5) Every appeal to 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. (6) The plaint shall state the grounds of appeal, and the appellant shall not adduce evidence of any ground which is not included in the plaint. (7) The plaint shall be lodged with the District Clerk within 10 days after notification to the appellant of the assessment complained of. https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2018%20of%202008%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2014%20of%202009%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2010%20of%202010%5d&list=Legislations (8) The Magistrate may either dismiss the appeal or vary the assessment, with or without costs. Amended by [Act No. 34 of 1989]; [Act No. 48 of 1991]; [Act No. 29 of 2004] 7 Rules for sale or lease by auction (1) Where State land is to be sold or leased by public auction, the Minister shall give notice thereof in the Gazette and 2 daily newspapers 2 weeks at least before the day fixed for the sale or lease. (2) The notice shall distinctly state whether there are on the land intended to be sold or leased buildings belonging to the State and, if so, whether the buildings are to be sold or leased with the land. (3) (a) Subject to paragraph (b), the land or the lease thereto shall be adjudged at the auction to the highest bidder. (b) The Minister may withdraw such land or lease from the auction if the highest bid is, in his opinion, below the actual value of the land or the actual rental value, as the case may be. Amended by [Act No. 48 of 1991]; [Act No. 26 of 2012] 8 Land with buildings (1) Where there are on the land to be disposed of any buildings not belonging to the State, the land shall be sold irrespective of the value of the buildings, the purchaser of the land being left free to contract with the owner of the buildings. (2) Before the land is put up for sale, the owner of the buildings shall receive 28 days notice from the Chief Surveyor in order to elect to remove his buildings before the sale. Amended by [Act No. 48 of 1991] 9 10 Conditions of sale settled by Minister (1) (a) The conditions of sale settled by the Minister shall be read aloud by the public auctioneer, and may vary according to the special circumstances of every case. (b) In every case, one quarter of the purchase price shall be paid before the purchaser is allowed to sign the conditions of sale, and the purchaser shall enter into a bond with 2 https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2034%20of%201989%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2048%20of%201991%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2029%20of%202004%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2048%20of%201991%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2026%20of%202012%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2048%20of%201991%5d&list=Legislations sureties bound jointly and severally with him to pay the balance of the purchase price at the time and in the manner settled in the conditions of sale. (2) Nothing in subsection (1) shall take away, or in any manner modify, the Government's privileged vendor's right in and over the property thus sold. 11 Purchase price The public auctioneer shall forthwith pay into the hands of the Accountant-General the sums paid on account of every such sale, and the Accountant-General, to whom the necessary information shall forthwith be conveyed by the Chief Surveyor, shall claim payment of the balance due at the time when such payments ought to be effected. 12 Time for payment may be granted (1) The Minister may grant time to a purchaser for the payment of the balance due on any purchase price, and where any such balance is not paid at the time it should be paid the land shall be put up again for sale by public auction in the manner and form specified in this Act. (2) The money deposited on the day of sale shall be forfeited, and the bonds shall at once be referred to the Attorney-General for action in case of need. (3) Where, on a subsequent sale, or upon action brought against the original purchaser or sureties, the whole amount of the original purchase price with all costs and incidental charges is recovered, the Minister may remit to the original purchaser such portion of the forfeited money as is in excess of the original purchase price, costs and incidental charges. 13 Payment of purchase price A purchaser may pay to the public auctioneer at the time of the sale the whole of the purchase money, and also pay by anticipation into the hands of the Accountant-General the whole of the balance due on the purchase price. 14 Deed of sale to be executed within 4 months (1) Every purchaser or lessee shall execute the deed of sale or of lease within 4 months of his entry in possession. (2) Every deed of sale shall embody the conditions of sale under which the adjudication took place, a short memorandum of the adjudication and, where the conditions of sale do not convey a sufficiently clear and accurate verbal description, there shall be annexed a descriptive survey of the lands sold, made or caused to be made by the Permanent Secretary of the Ministry responsible for the subject of lands or any officer delegated by him. (3) The survey shall be made at the expense of the purchaser. (4) Every deed of lease shall contain the stipulated conditions of the lease, and to it shall be annexed a descriptive survey under the same conditions as are enacted for deeds of sale. 15 Deed made at transferee's expense Deeds, whether of sale or of lease, shall be made at the expense of the purchaser or lessee, and shall be registered and transcribed by the Conservator of Mortgages at the instance of the Government, but at the expense of the purchaser or lessee. 15A Parties to deeds (1) The deeds mentioned in section 15 shall be signed by the party purchasing the land or taking the lease and the Permanent Secretary of the Ministry. (2) Deeds of lease of land settlement land shall be signed by the party taking the lease and by the Chief Agricultural Officer. 15B Control over land settlement land Notwithstanding any other enactment, the control of, and supervision over, land settlement land, shall be vested in the Chief Agricultural Officer. 16 Non-execution of deed of sale or lease (1) Where a purchaser or lessee neglects to execute his title deed within the period specified in section 14, he shall receive a notice to do so within 14 days, and where such notice is not complied with within 14 days, the sale or lease shall be held to be annulled and a new sale or lease shall be proceeded with. (2) The money paid by the purchaser or lessee shall be forfeited, subject to the power granted to the Minister by section 12. 17 Purchase of land not advertised A person who wishes to purchase at a public auction land which has not been advertised for sale, or to lease the land may apply to the Minister stating as precisely as possible the locality, area and boundaries of the land required to be purchased or to be held under contract of lease. 18 ‘Jouissances' The Minister shall not grant 'jouissances' of State land. Amended by [Act No. 48 of 1991] 19 20 Expiring 'jouissances' (1) Existing 'jouissances' held for a limited period determined by efflux of time, shall not be renewed, but may be converted into a sale or a lease as the Minister thinks fit. (2) Where there are buildings erected by the holder of the 'jouissance' on the land, the holder may remove his buildings or demand that the land be put up for sale, unless the Minister agrees to purchase the buildings. 21. 22. Eviction of squatters (1) No person shall take possession of, encroach upon, cultivate or put up any building or other structure on any part of any State land without the express authorisation in writing of the Minister. (2) Every person who fails to comply with subsection (1) or who is a person in occupation of State land without any right or authority, shall be deemed to be a squatter. (3) Where the Minister is satisfied that there is a squatter on State land, he may cause a notice to be issued calling upon him to vacate the land within a delay to be specified in the notice. (4) A notice issued under subsection (3) shall be served on the squatter in person or, where the squatter cannot be traced or served with the notice within 48 hours of its issue, posted up in a conspicuous place on the land or any building or other structure on the land. (5) (a) Where a squatter fails to comply with a notice served on him or posted up in accordance with subsection (4), he shall commit an offence and shall, on conviction, be (i) in the case of a person who has put up a building or other structure on State land, to imprisonment for a term not exceeding 5 years; (ii) in any other case, to a fine not exceeding 5,000 rupees and to imprisonment for a term not exceeding 12 months. (b) Any person who incites another person to take possession of, encroach upon, cultivates or put up any building or other structure on any part of any State land without the express authorisation in writing of the Minister, shall commit an offence and shall, on conviction, be liable to imprisonment for a term not exceeding 5 years. (c) The Probation of Offenders Act shall not apply to a conviction under this subsection. (6) Subject to subsection (3), and notwithstanding subsection (5), the Minister may, with the assistance of a police officer, cause a squatter to be removed from any land occupied by him, and cause any building or other structure existing on the land to be demolished. (7) Where a squatter who has been removed from State land re-occupies it, or occupies other State land without the express authorisation in writing of the Minister, he shall commit an offence and shall, on conviction, be liable to a fine of 5,000 rupees and to imprisonment for a term which shall not be less than one year or more than 3 years. (8) Subsection (7) shall be without prejudice to the right of the Minister to remove the squatter from the land, or to cause a building or other structure put up by him to be demolished. (9) Where a building or other structure is demolished pursuant to this section, such part of the materials as are still in good or usable condition shall be kept by the Minister, and returned to the squatter, upon his application and upon payment by him of a reasonable sum to defray the expenses of demolition. (10) In any proceedings under this section, a certificate from the Chief Surveyor that land which is the subject-matter of the proceedings is State land shall be prima facie evidence that the land is State land. (11) No action for damages or otherwise shall lie against the Minister, or any person acting under his authority, in respect of anything done under this section, except where the person evicted or the person whose building or structure was demolished was in possession of an authority in writing from the Minister to occupy the land or to put up the building or other structure on the land, or was lawfully in occupation of the land. Amended by [Act No. 6 of 1986]; [Act No. 45 of 1991]; [Act No. 48 of 1991]; [Reprint No. 4 of 1986] 23 24 Entry of surveyors on contiguous properties (1) Where a Government surveyor, or a land surveyor deputed by the Permanent Secretary of the Ministry responsible for the subject of lands shall bona fide in the course of a survey find it necessary to enter upon the property of a neighbouring proprietor for the purposes of his operations, he may do so, provided that if such neighbouring proprietor, to whom 8 days written notice has been given, raises an objection or makes a protest, the Government surveyor or land surveyor shall take note of such objection or protest, and enter the same in the memorandum of survey drawn up by him. (2) Where the surveyor finds it necessary to cut standing crops or timber or brushwood for the purposes of his operation, he shall apply to a Judge in Chambers or the Magistrate of the district, and the Judge or Magistrate may give an order to that effect after having heard the neighbouring proprietor. (3) Where a frivolous or false objection or protest is made to the entry of a surveyor instructed to carry out the provisions of this Act, the Court or the Judge or the Magistrate called upon to adjudicate on the nature and force of such objection or protest, may declare the same to have been false or frivolous, and may order the party who made the objection or protest to pay the costs of suit and a fine not exceeding 200 rupees. 25 Curatelle lands (1) Where the Curator has been sent in possession of immovable property, the area of which is of 50 acres or more, he shall give notice of the fact to the Conservator of Forests, who shall then keep watch over, superintend and protect, such property on behalf and at the expense of the Curator. (2) The Conservator of Forests shall not incur any expense on account of the property, except such as may be necessary to keep watch over, superintend and protect it. https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%206%20of%201986%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2045%20of%201991%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2048%20of%201991%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bReprint%20No.%204%20of%201986%5d&list=Legislations 26 Rights of police and forest officers (1) A police officer shall have the same rights and duties as a forest officer and, when acting as such, shall be deemed a forest officer under this Act. (2) A forest officer shall have, with regard to search warrants issued in any suspected case of a breach of this or any other enactment concerning State land, woods, forests or plantations, the same powers as a police officer. Amended by [Act No. 48 of 1991] 27 28 Costs and powers of Minister (1) Where the Minister thinks it just and expedient to grant a lease of State land to a person having squatted on it, or to any other person, and whatever may be the terms or conditions of the lease, the Minister, where satisfied that the tenant or intended tenant is too poor to be able to pay the costs for a title deed or for its registration, may remit such costs, or reduce them to such nominal sum as he thinks just and reasonable, or allow them to be paid by instalments. (2) The costs for a title deed which the Minister is empowered to remit or reduce, or allow to be paid by instalments, under this section shall include costs of transcription of the title deed. Amended by [Act No. 48 of 1991] 29-30 31 Exchange of State land Subject to this Act and the Pas Geométriques Act, the Minister may authorise the exchange of State land for any other land by private contract, upon such terms and conditions as he may approve. Amended by [Act No. 48 of 1991] 32 State land in payment of compensation https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2048%20of%201991%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2048%20of%201991%5d&list=Legislations Subject to this Act and the Pas Géometriques Act, the Minister may authorise State land to be given by private contract, upon such terms and conditions as he may approve, in payment of any compensation payable in respect of land compulsorily acquired by the Government. Amended by [Act No. 48 of 1991] 33 Regulations (1) The Minister may (a) make such regulations as he thinks fit for the purposes of this Act; (b) by regulations, amend the Schedules. Amended by [Act No. 18 of 2008] (2) Any regulations made under subsection (1) may include conditions under which stones, coral, earth, turf and grass may be removed from State land. (3) Any person who removes, or causes to be removed, any stones, coral, earth, turf or grass from State land in contravention of any condition prescribed by such regulations shall commit an offence and shall, on conviction, be liable, to a penalty not exceeding 50 rupees. (4) In the case of leased 'pas géometriques', the consent in writing of the lessee to the removal of stones, coral, earth, turf, grass or sand from the 'pas géométriques' shall be obtained. Amended by [Act No. 34 of 1989]; [Act No. 48 of 1991] 34 Public nuisance (1) Any person who dumps, or causes to be dumped, any sand, coral, earth, stones, wood or other object on State land or on any beach, sea, canal, river or lake adjoining State land, shall commit an offence and shall, on conviction, be liable to a fine which shall not be less than 500 rupees or more than 2,000 rupees, and to imprisonment for a term which shall not exceed 5 months. (2) In addition to the penalty specified in subsection (1) the Court may order the offender to remove the subject-matter of the offence, within a period to be specified by the Court or, in case of default, to pay the costs of the removal. https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2048%20of%201991%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2018%20of%202008%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2034%20of%201989%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2048%20of%201991%5d&list=Legislations (3) Subject to subsection (1), any person who acts contrary to section 5( 1) (b) (ii) shall commit an offence and shall, on conviction, be liable to a fine which shall not be less than 1,000 rupees nor more than 5,000 rupees, and to imprisonment for a term which shall not be less than 1 month nor more than 12 months. (4) Amended by [Act No. 34 of 1989]; [Act No. 48 of 1991] 35 State land imprescriptible Notwithstanding article 2227 of the Code Napoléon or any other enactment, State land is imprescriptible. Amended by [Act No. 48 of 1991] 36 Recovery of rent (1) Recovery of rent due under (a) anyshooting, fishing or grazing lease, of State land shall take place at the instance of the Conservator of Forests; (b) any other lease of State land shall take place at the instance of the Accountant- General. (2) Where any rent is due, it shall be recovered by the Conservator of Forests, or the Accountant-General, as the case may be, under the procedure and in the form and manner provided by the Recovery of State Debts Act, and that Act shall apply to all proceedings under this section. Amended by [Act No. 34 of 1989]; [Act No. 48 of 1991] FIRST SCHEDULE- Amended by [Act No. 18 of 2008] (section 2) (1) A portion of land situate at Le Chaland in the district of Grand Port of an extent of 16A64 excised from a portion of 44A80 which belonged to the Admiralty as evidenced by title deed transcribed in Vol 512 No 215 and subsequently transferred to the Secretary of State for Defence by virtue of subsection (2) of section 2 of the Ministry of Defence (Transfer of Functions) Act, 1964 of the United Kingdom. The said portion of https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2034%20of%201989%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2048%20of%201991%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2034%20of%201989%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2048%20of%201991%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2018%20of%202008%5d&list=Legislations 16A64 is more fully described in a Memorandum of Survey drawn up by Mr R Duvergé, Surveyor, Ministry of Housing, Lands and Town and Country Planning, and closed on 24 February 1969 and registered in Reg LS 20 No 9649. (2) Three portions of land situate at Vacoas in the District of Plaines Wilhems and measuring respectively 17A 70, 11A60 and 10A55 being all that remains of a portion of an original extent of 41A50 which belonged to Her Majesty's Principal Secretary of State in the United Kingdom as evidenced by title deed transcribed in Vol 237 No 228, after excision of a portion of 1 1/4 acres and a strip of 0A46 along St Paul Road from Portion No 1. Those 3 portions of lands were subsequently transferred to the Secretary of State for Defence by virtue of subsection (2) of section 2 of the Ministry of Defence (Transfer of Functions) Act, 1964 of the United Kingdom and are more fully described in a Memorandum of Survey drawn up by Mr Max Derblay, Surveyor, Ministry of Housing, Lands and Town and Country Planning and closed on 13 January 1969 and registered in Reg LS 20 No 9517. (3) A portion of land of an original extent of 5A38 but in reality of an extent of 5A50 situate at Phoenix in the District of Plaines Wilhems which belonged to Her Majesty's Principal Secretary of State for the War Department as evidenced by title deed transcribed in Vol 230 No 141 and subsequently transferred to the Secretary of State for Defence in virtue of subsection (2) of section 2 of the Ministry of Defence (Transfer of Functions) Act, 1964 of the United Kingdom and more fully described in a Memorandum of Survey drawn up by Mr Max Derblay, Surveyor, Ministry of Housing, Lands and Town and Country Planning and closed on 31 December 1968 and registered in Reg LS 20 No 9501. (4) A portion of land of an original extent of 29A69 but in reality of an extent of 29A66 situate at Phoenix in the District of Plaines Wilhems which belonged to the War Department as evidenced by title deed transcribed in Vol 252 No 355 and subsequently transferred to the Secretary of State for Defence in virtue of subsection (2) of section 2 of the Ministry of Defence (Transfer of Functions) Act, 1964 of the United Kingdom and more fully described in a Memorandum of Survey drawn up by Mr Carol Lecordier, Surveyor, Ministry of Housing, Lands and Town and Country Planning and closed on 20 December 1968 and registered in Reg LS 20 No 9492. (5) A portion of land of an extent of 134A71 made up of part of a portion of land of an extent of about 166A15 donated by Her Majesty's Principal Secretary of State for the War Department in the United Kingdom to the Commissioners for executing the office of Lord High Admiral of the United Kingdom of Great Britain and Ireland as evidenced by title deed transcribed in Vol 846 No 98, and of part of a portion of 68A49 being all that remains of a portion of 239A50 purchased by Her Majesty's Principal Secretary of State for the War Department in the United Kingdom as evidenced by a title deed transcribed in Vol 230 No 141. The 2 portions of 166A15 and 68A49 were subsequently transferred to the Ministry of Defence by virtue of subsection (2) of section 2 of the Ministry of Defence (Transfer of Functions) Act, 1964 of the United Kingdom and the said portion of 134A71 is more fully described in a Memorandum of Survey drawn up by Mr Max Derblay, Surveyor, Ministry of Housing, Lands and Town and Country Planning on 21 January 1969 and closed on 26 May 1969 and registered in Reg LS 20 No 9748. (6) 197 portions of land listed in the Appendix to this Schedule forming part of Plaisance Airport Grounds in the District of Grand Port place called Plaisance acquired by the former Colonial Government of Mauritius for and on behalf of the Admiralty of the United Kingdom, the ownership of which was subsequently transferred to the Secretary of State for Defence in virtue of subsection (2) of section 2 of the Ministry of Defence (Transfer of Functions) Act, 1964 of the United Kingdom. The 197 portions of land are included in a block of land of an extent of 1042A64 more fully described in a Memorandum of Survey drawn up by M L A Roblet, Divisional Surveyor, Ministry of Housing, Lands and Town and Country Planning on 14 February 1969 and closed on 10 March 1969 and registered in Reg LS 20 No 9665. (7) A portion of land of an extent of 0A99 which belonged to the Admiralty as evidenced by a title deed transcribed in Vol 512 No 215 and subsequently transferred to the Secretary of State for Defence in virtue of subsection (2) of section 2 of the Ministry of Defence (Transfer of Functions) Act 1964 of the United Kingdom and more fully described in a Memorandum of Survey drawn up by Mr P Savrimoutou then Assistant Surveyor PWD and closed on 26 September 1946, and registered in Reg LS 17 No 8298. APPENDIX (paragraph 6 of the Schedule) Serial No 1 TV No 512/215 Extent 0A28 Acquired from Mon Tresor & Mon Desert Ltd Bearing No 6 2 3 4 5 “ ” ” ” 0A60 1/4 0A11 0A31 0A21 “ ” ” ” 10 10 bis 19 bis 19 ter 6 7 8 9 10 ” ” ” ” ” 0A34 0A34 0A22 0A37 0A05 ” ” ” ” ” 20 21 bis 23 bis 26 26 bis 11 12 ” ” 0A08 1/2 0A21 ” ” 26 ter 28 13 14 15 ” ” ” 0A17 1/2 0A12 0A34 ” ” ” 29 bis 29 ter 30 16 17 18 19 20 21 22 23 24 ” ” ” ” ” ” ” ” ” 1A96 2A40 0A33 1/2 0A06 1/2 0A09 0A08 0A12 1/4 0A11 3/4 0A13 ” ” ” ” ” ” ” ” ” 30 bis 30 ter 32 34 bis 35 35 bis 35 ter 35 quarter 42 bis 24 25 26 27 28 29 30 31 ” ” ” ” ” ” ” 0A13 0A12 1/2 0A12 0A18 0A12 1/2 0A10 1/2 0A12 0A44 1/2 Mon Tresor & Mon Desert Ltd “ “ “ ” ” ” “ 42 bis 43 43 bis 48 bis 50 bis 66 68 70 32 33 34 35 36 37 38 39 40 “ ” ” ” ” ” ” ” “ 0A08 0A08 0A08 0A11 1/2 0A26 1/2 6A50 0A13 5A97 0A29 “ “ “ ” ” ” ” ” ” 70 bis 70 ter 70 quarter 70 quinter 73 74 77 80 81 bis 41 42 43 44 45 46 47 48 ” ” ” ” ” ” ” “ 0A03 0A33 0A21 1/2 0A13 0A33 1/2 0A37 1/2 0A13 0A31 ” ” ” ” ” ” ” ” 84 88 92 99 105 105 bis 105 ter 105 quarter 49 50 ” ” 0A08 0A10 ” ” 105 quinter 106 bis 51 52 ” 0A56 0A55a ” 110 112 53 54 55 56 57 58 59 ” ” ” ” ” ” “ 3A35 1A09 1A92 1A92 4A29 11A76 11A35 ” ” ” ” ” ” ” 113 bis 114 bis 115 bis 414 412 411 410 329bis 327 bis 60 61 62 63 64 65 66 67 ” ” ” ” ” ” ” “ 8A11 8A60 8A70 8A70 8A60 8A12 4A17 11A41 “ ” ” ” ” “ “ “ 330 bis 334 413 336 333 330 327 325-326 68 69 70 71 “ “ “ “ 8A13 8A55 7A91 4A60 “ “ “ “ 329 331-332 242 192 72 73 74 75-76 “ “ “ “ 9A84 9A80 13A00 0A95 “ “ “ “ 241 160 193 242 bis 242 ter 77 78 79 80 81 82-83 “ “ “ “ “ “ 8A50 5A27 2A74 18A28 11A82 3A59 “ “ “ “ “ “ 233 232 234 231 bis 194 153 & 158 84 85 86 87 88 “ “ “ ““ “ 12A08 11A97 14A19 22A53 16A55 “ “ “ “ “ 195 196 197 200 199 89 90 “ “ 11A05 1A69 “ “ 198 198 bis 91-94 95-97 98-99 100-103 “ “ “ “ 12a44 17a20 8A57 8A46 “ “ “ “ 431 to 434 467 to 469 285 & 289 115, 122, 126 & 128 bis 104 105 “ “ 0A57 0A22 “ “ 128 499 (tramway Track) 106 107 108 109 110 111 112 113 114-117 118 “ “ “ “ “ “ “ “ “ “ 0A08 4/10 0A10 8/10 0A11 0A07 0A03 8110 0A08 2/10 4A98 0A01 434A26 1A51 “ “ “ “ “ “ “ “ “ “ 428 bis 267 bis 429 bis 430 bis 265 bis 269 bis 116 bis 497 270, 271, 272 273, 274, 275 498 119 120 121 122 123 124 125 126 127 128 519/204 519/205 519/202 519/453 519/455 520/130 521/135 521/247 521/248 521/249 2A12A 0A34 0A20 1A02 0A20 0A11 ½ 0A31 1A25 0A39 1A26 1/4 Gopaloodoo & Ors S Ramsalyen & Ors S Padaruth H Camiah Mrs M D Hosany & Ors B Bhoolee D Gopaul S Gungah & Ors Dme R Oogar & Ors S Gungah 212 4 51 304 83 47 bis 8 132E 97 257 129 130 131 132 133 134 135 521/483 522/199 522/200 522/201 522/202 525/43 525/44 2A27 1A63 1A00 1A00 1A00 0A12 0A13 D Nothoo R Gujadhur R Gujadhur R Gujadhur R Beecary & Ors C Ramsaha & Ors B Mahabootah 409 425 424 423 447 40 50 136-138 526/113 0A61 1/2 C Auckloo & Ors 12, 22, 61 139 140 141 142-143 144-145 526/110 526/111 526/112 528/30 529/498 1A10 1A02 0A08 1/2 0A48 0A08 1/2 0A34 1/2 1A23 0A17 35/100 A Apaya S Ramjaun & Ors C Ramburrun & Ors Ww A Nunkoo P Loolmahomed & Ors 226 458 59, 36 94 149, 461, 461 bis 146 147 148 149 150 151 152 153 154 155 156 157-159 529/354 529/355 529/356 529/499 529/500 530/611 530/612 531/375 531/376 532/668 532/669 532/670 0A13 0A09 0A13 1/2 0A34 1/2 0A17 1A62 0A15 1A07 0A87 1A50 0A76 1A63 Ww Gungaissoon S Gooljar & Ors S Neerputh S G Soolmahomed J Jugoo A L Seelamuthally M T Noordally Ww G Venkiah A G Emambocus Ww H Gunpoteeah & Ors L Dawookhee & Co I Modaykhan 9 53 64 125 106 324 96 427 474 443 21 471 0A64 0A24 160 161 162 163 164-165 533/74 533/75 533/76 533/151 536/447 0A50 0A63 1/2 0A54 0A61 1A00 0A12 1/2 F Madoobun S Somma & Ors D Gopal L Boyjanauth & Ors Ww C Chaumun 186 63 185 127 444 bis 444 ter, 453 166 167 168-169 170 171 172 173 174 539/390 539/391 539/392 539/393 539/394 542/358 541/347 541/348 1A56 0A14 0A68 1/16 0A51 1/2 0A17 1/2 0A13 0A34 0A64 0A24 Dme A D Pentiah & Ors M Chuttooa & Ors Dme Bucktowar Ww M Gunputh & Ors do Ww M Renelle & Ors Ww Sahaduth 397351 & Ors S Oogur & Ors 205 45 209 201 29 23 477 124 100 175 542/349 0A08 1/2 R Rambeerick 446 176 177 178 179 180 181 182 183 184 185 186 187 188 545/503 545/504 545/505 546/377 546/378 547/519 551/34 551/33 555/516 556/391 567/20 567/21 567/22 51/100 1A81 3/8 0A34 0A09 0A50 0A08 1/2 1A35 0A50 0A21 0A95 1A17 0A47 0A12 1/2 0A60 T Goodoree & Ors Dme R hurry & Ors Ww R Bhoyrab & Ors M Rumooa & Ors B A Thajun & Ors D S Puran & Ors B T Hollee & Ors B A Jangur Ww I Emamdee Plaine Magnien Mosque Ww Gunpoteea L Boodhub M Punchoo & Ors 210 454 11 442 459 182 310 451 178, 179 236 441 463 457 189 190 191 192 193 194 195 196 197 606/37 615/66 616/50 633/188 35/100 689/106 689/105 689/107 678/102 676/145 1A34 0A14 0A15 0A17 1A54 0A12 0A11 1/2 0A96 0A03 0A04 Tirbohundas Goodooree & Ors Sungkur Ramlall & Ors Dme Purtab Rungoo & Ors A M Moheerally & Ors P Boyjonauth A Mootoosamy A Heerah M I Cowder Ww S Seegobin & Ors 189 95 54 462 165 69 466 313 436, 465 SECOND SCHEDULE (section 6(1C)(b)) PART I - ZONE A B C D E 1. From the boundary separating Trou aux Biches Public Beach declared under General Notice 206 of 1940 and the southern limit of Trou aux Biches Fish Landing Station to Anse La Raie Youth Camp From Anse La Raie Youth Camp to Southern boundary of Bassin Faoulez From Southern boundary of Bassin Faoulez to Mouth of Rivière du Rempart 2. From Pointe de Flacq Cemetery to Limekiln Trou D’Eau Douce From Mouth of Rivière du Rempart to Pointe de Flacq Cemetery 3. From Pointe Jérôme Youth Camp to Public beach at La Cambuse declared under General Notice 2147 of 1996 From Limekiln Trou D’Eau Douce to Mouth of Rivière Sèche From Mouth of Rivière La Chaux to Pointe Jérôme Youth Camp From Mouth of Rivière Sèche to Mouth of Rivière La Chaux 4. From Mouth of Rivière Patates to From Mouth of Rivière Bain des From Public beach at La St Martin Cemetery Négresses to Mouth of Rivière Patates Cambuse declared under General Notice 2147 of 1996 to Mouth of Rivière Bain des Négresses A B C D E 5. 6. From Intersection of P.G. L’Embrasure with Black River Savanne Coastal Road (B 9) to the boundary separating the industrial site leased as hotel and that of golf course at P.G. Le Morne Brabant From Barachois Les Salines to Northern boundary of Part of P.G. Anna leased as a campement site having at its southern boundary Public Beach P.G. Anna declared under General Notice 348 of 1991 From the boundary separating the industrial site leased as hotel and that of golf course at P.G. Le Morne Brabant to Barachois Les Salines From Northern boundary of Part of P.G. Anna leased as a campement site having at its southern boundary Public Beach P.G. Anna declared under General Notice 348 of 1991 to Public beach at P.G. Mon Plaisir declared under From St Martin Cemetery to intersection P.G. L’Embrasure with Black River Savanne Coast Road (B 9) From Public beach at P.G. Mon Plaisir declared under General Notice 609 of 1991 to Mouth of Grand River North West From Mouth of Rivulet Terre Rouge to the boundary lying south of Rue des Aigles, at a distance of 74 m measured south along Baie du Tombeau Road (B 29) 7. From Junction of Japonais Road with Pointe aux Piments Mont Choisy Coast Road to the boundary separating Trou aux Biches Public beach declared under General Notice 206 of 1940 and the southern limit of Trou aux Biches Fish Landing Station General Notice 609 of 1991 From the boundary lying south of Rue des Aigles, at a distance of 74 m measured south along Baie du Tombeau Road (B 29) to Junction of Japonais Road with Pte aux Piments Mon Choisy Coast Road PART II - ANNUAL RENTAL ANNUAL RENTAL PER ARPENT (Rs) Zone Lease granted under section 6(1C) pursuant to section 6(1E) New lease granted under section 6(1C) New lease granted under section 6(1C) following letter of intent issued from 5 November 2011 up to 8 November 2012 New lease granted under section 6(1C) following letter of intent issued on or after 9 November 2012 A 600,000 800,000 1,100,000 1,147,300 B 480,000 640,000 820,000 855,260 C 420,000 560,000 680,000 709,240 D 360,000 480,000 540,000 563,220 E 300,000 400,000 425,000 443,275 Deleted and Replaced by [Act No. 26 of 2012] Amended by [Act No. 14 of 2009]; [Act No. 37 of 2011] https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2026%20of%202012%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2014%20of%202009%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2037%20of%202011%5d&list=Legislations 1. For the purposes of this Part, the annual rental shall (a) in respect of that portion of the land which is situated within 81.21 metres from the high water mark, be as specified in the above table; (b) in respect of that portion of the land which is situated beyond 81.21 metres from the high water mark, be reduced by 25 per cent. 2. The total annual rental calculated under paragraph 1 shall be reduced –; Amended by [Act No. 14 of 2009] (a) by zero per cent, for the first 5 arpents; (b) by 10 per cent, for the next 10 arpents; and (c) by 20 per cent, for the remainder. 3. The annual rental calculated under paragraphs 1(a) and (b) and 2 shall be adjusted every 3 years by reference to the cumulative inflation rate based on the Consumer Price Index during the 3-year period, which shall not exceed 15.7625 per cent in any case. 4. The annual rental calculated under paragraphs 1(a) and (b) and 2 shall, in respect of existing lessees, at the commencement of section 6(1C) be again reduced by (a) 30 per cent in respect of the first year of the new lease; (b) 20 per cent in respect of the second year of the new lease; (c) 10 per cent in respect of the third year of the new lease; (d) 5 per cent in respect of the fourth year of the new lease; after adding the adjustment calculated under paragraph 3; (e) zero per cent in respect of the fifth and every succeeding year of the new lease. 5. The annual rental calculated under paragraphs 1(a) and (b) and 2 shall, in respect of new lessees, be again reduced by (a) 75 per cent for the first year of the lease; https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2014%20of%202009%5d&list=Legislations (b) 50 per cent for the second year of the lease; (c) 25 per cent for the third year of the lease; (d) 15 per cent for the fourth year of the lease, after adding the adjustment calculated under paragraph 3; and (e) zero per cent for the fifth and every succeeding year of the lease. 6. In the case of a hotel on less than one hectare of land and with less than 50 bedrooms, the increase in the annual rental of the new lease over that of the previous lease shall be suspended in respect of the period 1 July 2009 to 31 December 2010. 6A. In the case of a hotel referred to in paragraph 6, the hotel, in respect of the period 1 January 2011 to 31 December 2011, shall pay the increase in the annual rental – (a) within the period provided for in the lease agreement; or (b) on or before 31 January 2012, with annual interest at the Repo rate determined by the Bank of Mauritius plus 3 per cent, calculated at time of payment. Added by [GN No. 59 of 2011] 7. The amount of indemnity for the use and occupation of the site by a hotel in respect of the period between the expiry date of the previous lease and 18 July 2008 shall be payable – (a) in the case of a hotel on less than one hectare of land and with less than 50 bedrooms (i) in 5 consecutive equal yearly instalments, without interest, not later than 31 January in every year, the first instalment being payable in 2011; or (ii) in 8 consecutive equal yearly instalments, not later than 31 January in every year, the first instalment being payable in 2011, the first 5 yearly instalments being payable without interest and the last 3 yearly instalments being payable with annual interest as from 1 January 2015 at the Repo rate determined by the Bank of Mauritius plus 3 per cent, calculated at time of payment; or (b) in the case of other hotels – (i) in 3 consecutive equal yearly instalments, with interest at 5 per cent per annum, not later than 31 January in every year, the first instalment being payable in 2011; or https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bGN%20No.%2059%20of%202011%5d&list=Legislations (ii) in 5 consecutive equal yearly instalments, not later than 31 January in every year, with annual interest at the Repo rate determined by the Bank of Mauritius plus 3 per cent, calculated at time of payment, the first instalment being payable in 2011. 8. Where a hotel suspends its operation for purposes of renovation or reconstruction, the annual rental shall be reduced by 50 per cent during the period of renovation or reconstruction, as the case may be, calculated on a pro rata basis, provided that – (a) the hotel had opted for a lease granted under section 6(1C) pursuant to section 6(1E); (b) the renovation or reconstruction starts at any time during the period 1 January 2013 to 30 June 2018; (c) the employment and period of service of all the employees of the hotel in respect of the period of renovation or reconstruction are safeguarded and preserved by the hotel; and (d) the reduction of the annual rental shall not exceed a period of 12 months. 9. Where a hotel had opted for a lease granted under section 6(1C) pursuant to section 6(1E) and has, in respect of the period ended 31 July 2012, not paid or underpaid its accrued rental, the unpaid rental may be payable in 3 consecutive equal yearly instalments, not later than 31 January, with interest at 7.9 per cent per annum, calculated as from 1 August 2012, the first instalment being payable in 2013, provided that – (a) in respect of its accounting period ending at any time during 2012, the hotel – (i) has incurred a loss or its profit does not exceed 5 per cent of its turnover; and (ii) has not declared any dividends; and (b) the hotel undertakes in writing to the Ministry that it will not declare any dividends during the period 1 January 2013 to 31 January 2015. Amended by [Act No. 14 of 2009]; [GN No. 59 of 2011]; [Act No. 26 of 2012]; [GN No. 246 of 2016] PART III – ANNUAL RENTAL 1. Where the land is situated outside the zone referred to in section 6(1C)(b)(i), the annual rental shall be calculated (a) in the case of existing lessees at the commencement of section 6(1C), at the rate of 3 per cent of the market value of the land; or https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2014%20of%202009%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bGN%20No.%2059%20of%202011%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2026%20of%202012%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bGN%20No.%20246%20of%202016%5d&list=Legislations (b) in the case of new lessees, at the rate of 4 per cent of the market value of the land, and (c) after taking into account the reduction and adjustment referred to in paragraphs 2, 3, 4 and 5 of Part II. Amended by [Act No. 14 of 2009] 2. The market value under paragraph 1 shall be determined by the Chief Government Valuer who, for that purpose, shall keep and maintain a valuation database in the manner referred to in section 28(7A) and (7B) of the Land (Duties and Taxes) Act. Added by [Act No. 18 of 2008] PART IV – ANNUAL RENTAL IN RESPECT OF ISLETS AND OTHER STATE LANDS (1) Notwithstanding Part II and Part III, the annual rental in respect of islets and other State lands under restricted development shall be calculated in accordance with – (a) (b) the table set out in Part II; or paragraph 1(a) or (b) and (c) of Part III, as the case may be, but subject to adjustment and reduction in accordance with the following table – Maximum Plot coverage possible percentage Annual Rental Payable (percentage of normal rental) 0<5 40 5<10 50 10<15 60 15<20 75 .Deleted an replaced by [ActNo.26of2012] Amended by [ActNo.14of2009]; [GNNo.204of2011] 2. With regard to eco-tourism projects in inland areas, a further reduction of annual rental by 5 per cent shall be applicable where the height of the building on the land does not exceed 7.5 metres. Added by [GN No. 204 of 2011] https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2014%20of%202009%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2018%20of%202008%5d&list=Legislations https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bGN%20No.%20204%20of%202011%5d&list=Legislations 3. (a) The annual rental payable specified in paragraph 1 shall not apply unless a site is held by virtue of a lease for industrial or commercial purposes and the said lease is in respect of only that site. (b) In paragraph (a), “site” means a site where the maximum plot coverage is less than 20 per cent. Added by [Act No. 26 of 2012] https://supremecourt.govmu.org/ layouts/CLIS.DMS/search/searchdocumentbykey.aspx?ID=%5bAct%20No.%2026%20of%202012%5d&list=Legislations