7.1 For Hotel Development/Tourism related projects a contribution to the Consolidated Fund should be made as follows:-
8.1 Registration and stamping fees as provided under Section 15 of the State Lands Act should be paid prior to the signature of the lease agreement
9. CONDITION OF LEASE
The main conditions of the lease are:
(i) two (2) sets of detailed plan should be submitted to this Ministry for final planning clearance. Wherever applicable, the plan should comply with a minimum building setback of 30m from the High Water Mark and with other relevant guidelines for portion one of the Coastal Zone;
(ii) the conditions of the EIA should be complied with;
(iii) the sewerage treatment plant should have a minimum setback of five metres (5m) from the common access road;
(iv) the Lessee shall obtain all necessary permits and clearances from all relevant authorities before starting construction of the buildings or structures on the land leased;
(v) before construction of any building or structure, the lessee shall obtain the prior approval of the lessor on the plan;
(vi) should the lessee fail to complete the development of the land leased according to plans approved by the lessor within the specified period of time, the lessor reserves the right to resume possession of the whole or any part of the land leased without payment of any compensation, on giving the lessee three months' notice to that effect;
(vii) any delay in the obtention of permits and clearances referred to at Para (iv) shall not entitle the lessee to any extension in the period granted for the start of the construction;
(viii) the Lessee shall dispose of all solid and liquid wastes in such manner as not to pollute the air or water and not to cause any nuisance to the satisfaction of the appropriate authorities;
(ix) if applicable any beach reprofiling works, clearing of the lagoon, construction of jetty or timber deck on the beach fronting the hotel site should be subject to a new E.I.A;
(x) the public shall have free and unimpeded access along the beach at all times; and
(xi) the cash deposit which has been effected by the promoter during the reservation period is refunded to the Lessee once the project becomes operational;
(xii) social obligation clauses well defined with specified dates; (New condition)
(xiii) social reporting, 1 year from the date lease is signed.(New condition)
10. LOANS
10.1 Pledging of rights are granted under Article 1778-5 of the Code Civil.
10.2 Pledging of rights is granted for development for which the lease has been granted and is subject to the following criteria:
10.3 On the other hand, the pledging of leasehold rights is not granted for the following cases:
(i) the repayment of debts other than those as per paragraph 10.2 above contracted by the lessee or of any loan contracted by a third party; and
(ii) loans taken from private individuals or non-lending institutions.
11. TRANSFERS
11.1 Upon application by the sitting lessee and subject to approval, the lease may be transferred in the name of another person or company on same terms and conditions.
11.2 On approval of the transfer, the lessee should submit a notarial deed witnessing the sale of the building/s standing on the state land and the rights to the lease within a period of six months as from the date of letter conveying approval of the transfer.
12. DEVELOPMENT OF SITE
The Lessee shall not construct any building/s or structure/s of any kind prior to the site and building plans having been approved by the Lessor.
13. RETRIEVAL OF LAND
Government reserves the right to resume possession of the land leased or part thereof at any time during the course of the lease for any purpose against payment of such compensation to the land as may be determined by the Director, Valuation and Real Estate Consultancy Services, Valuation Department.
14. CANCELLATION OF LEASE
The lease can be cancelled for the following reasons:-
(i) if the lessee has not completed the construction of the building(s) within the period specified in the lease agreement;
(ii) if the lessee, in the eventuality of the existing building having been destroyed, has not completed the construction of the new building within a period specified from the date of destruction of the existing building;
(iii) if lessee fails to start the erection of the building within the period specified and if a forty eight hour notice served upon the lessee, at the instance of the lessor requesting him to start the construction, has remained uncomplied with;
(iv) if the rent has remained unpaid for more than 3 months; and
(v) if the lessee fails to comply with any of his other obligations or conditions of the lease or has made a false declaration in the lease agreement;
15. CHANGE OF PURPOSE OF LEASE
15.1 If the lessee wants to change the purpose of the lease, he should submit an application to the Ministry of Housing and Lands. The Lessor reserves the right to grant the request subject to revised terms and conditions including rent.
15.2 The lessee may also utilise the land in connection with such other industrial purpose as may be approved in writing by the lessor who reserves the right to revise the rent on giving such authorization.
16. FAILURE TO VACATE LAND AND REMOVE BUILDING/S OR STRUCTURE/S
On the cancellation/expiry of the lease, the lessee shall remove the building/s or structure/s standing on the land within a period of not more than three months, failing which the said building/s or structure/s shall become the property of the Lessor. If the lessee fails to vacate the land, the lessor shall apply for a writ habere facias possessionem to resume possession of the land.
From 30 March 2012
GUIDELINES ON AGRICULTURAL LEASE
1. POLICY
It is the policy of the Government to grant agricultural leases to individuals, companies or cooperative societies. The agricultural leases may be for mixed farming, foodcrop/cane planting, flowers and fruit trees. In accordance with Section 6 of the State Land Act, the approval of the Minister is sought before an agricultural lease is drawn up between the Government as the lessor and the beneficiary as the lessee.
2. APPLICATION FOR AGRICULTURAL LEASE
2.1 Any person, company or society who is willing to undertake agricultural/farming projects may apply for lease of State Land
2.2 Societies should be empowered to take up leases.
2.3 Application for land may be submitted in form designed for the purpose.
3. PROCEDURES
3.1 If land applied for is available and found suitable for the purpose, a recommendation for the grant of the lease is submitted for the consideration of the Minister
3.2 For mixed farming the views of the Ministry of Agriculture is sought.
3.3 If the land applied for is not available, the applicant is informed accordingly.
4. CONDITIONS
4.1 Agricultural lease is usually granted for the following period as follows:
(i) foodcrop cultivation lease is on a year to year basis.
(ii) sugar cane plantation is normally for a period of seven years.
(iii) flower and fruit trees is normally for a period of ten years.
(iv) mixed farming is normally for a period of twenty years.
4.2 The lessee shall start cultivating the land leased within a period of six months as from the date of signature of the lease.
4.3 The lessee may, with the written approval of the lessor, erect such watchman's quarters as required for the proper running of his plantation provided that the watchman's quarters shall be of a temporary nature and that it shall not be constructed in concrete.
4.4 The lessee shall not carry any other cultivation activities other than that approved without the prior written approval of the lessor.
4.5 The lessee shall not leave the land fallow for a period of more than three months following the harvest of the last crop.
4.6 The lessee shall not sublet or assign the whole or any part of his interest under the lease without the express written permission of the lessor.
4.7 The lessee shall dispose of all solid and liquid wastes in such a manner as not to pollute the air or water and not to cause any nuisance.
4.8 For mixed farming leases the following additional conditions are required:
(a) The lessee shall rehabilitate, under the guidance of the Chief Agricultural Officer (CAO) by means of lapping and pruning with approved equipment, all damaged but otherwise healthy fruit trees standing on the land leased.
(b) The lessee shall keep a number of cows to be approved by the CAO as well as other approved livestock on the land.
(c) The lessee shall erect on the land shelters for his cattle and other approved livestock. He is also allowed to erect such other buildings and structures which are essential for the running of the farm. However, no building or structure of any kind is to be erected prior to the sites and plans having been approved by the Ministry.
(d) The lessee shall have the right:
(i) To collect and dispose of the annual fruit crop currently available from fruit trees standing on the land.
(ii) To grow vegetables and other foodcrops approved by the CAO on the land.
(iii) To avail himself, free of charge, of fodder currently available on the land.
(iv) To construct at his expense roads and paths within the land leased.
5. RENTAL
5.1 For foodcrop / cane planting, the rent payable is Rs. 1500 per arpent per annum. For other types of agricultural lease, the rent is at market value as assessed by the Director, valuation and Real Estate Consultancy Services, Valuation Department.
6. LOANS
6.1 Pledging of rights to leases are granted under Article 1778-5, of the Code Civil.
6.2 The Pledging of rights is granted for development for which the lease has been granted and subject to the following criteria :-
(i) any lessee is entitled to pledge his/her leasehold rights subject to a 'droit de regard ' from the lessor with particular to the contractual relationship with the lessee;
(ii) the purpose of the loan must be clearly stated and be related to the development of the site leased;
(iii) loans must be taken from known lending institutions and a statement from the latter to that effect must be produced;
(iv) there should be no arrears on the lessee's rent account and rent for the current financial year should be fully paid;
(v) no infringement or encroachment or unauthorised construction whatsoever has been committed on the site;
(vi) the consent of all other creditors, if any, has been obtained;
(vii) the lease is in order; and
(viii)plans regarding mixed farming to be submitted for approval by the Lessor.
6.3 The pledging of leasehold rights is not granted in the following cases:
(i) the repayment of debts other than those as per paragraph 6.2 (ii) above contracted by the lessee or of any loan contracted by a third party;
(ii) loans taken from private individuals or non-leading institutions
6.4 All applications for pledging of rights not falling under paragraph 6.2 are not considered
7. REGISTRATION, TRANSCRIPTION AND STAMP DUTIES AND SURVEY FEE
7.1 The lessee shall pay the cost of registration, transcription and stamp duties as provided under Section 15 of the State Lands Act and also a survey fee of Rs 2500 per arpent for the first arpent or part thereof and Rs 1250 for each additional arpent or part thereof.
8. TRANSFER
8.1 The approval of the Minister is required for the transfer of a lease or in case there is a change of use of the original lease.
8.2 On the death of the lessee, the lease may be transferred to one of the heirs subject to production of the affidavit establishing the names of the heirs and another affidavit witnessing the consent of the other heirs.
8.3 The same conditions as at paragraph 4 above are applicable in case of transfer of a lease.
9. CANCELLATION
9.1 Whenever a site has remained undeveloped for a considerable period, the lease may be cancelled.
9.2 Government may resume possession of the whole or any part of the land at any time for any purpose against payment of such compensation for added value to the land as may be determined by the Valuation Department.
9.3 The rent has remained unpaid for more than three (3) months after its falling due and a forty eight hour notice served upon the Lessee requesting him to pay the rent has remained uncomplied with.
From 30 March 2012
GUIDELINES ON SOCIAL / CULTURAL / RELIGIOUS LEASES
1. POLICY
1.1 It is the policy of the Government to grant Social/Cultural/Religious leases in favour of association/societies/organisations. Before such a lease is granted the approval of the Minister is sought and a lease is drawn up between the Government as the lessor and the beneficiary as the lessee.
2. CRITERIA FOR ELIGIBILITY AND RENTAL
2.1 Such leases are not granted to individuals but only to an association, society or organisation whose objectives are for social/cultural/religious activities and which is duly registered at the office of the Registrar of Association.
3. PROCEDURES
3.1 Applicant can submit an application accompanied with a precise location plan in the form of a letter. The applicant shall submit details of the project as well as evidence that the Society/Association is registered and is empowered to take a lease.
3.2 If the land requested is available and suitable for the purpose and all information has been submitted, a recommendation is submitted for the consideration of the Minister.
(a) The land is to be used solely for the purpose the lease is granted.
(b) The lessee shall complete the construction of a building to be used as specified in the lease agreement, and it is normally within a period of eighteen (18) months as from the date of signature of the lease.
(c) The plans of the building should be submitted to the ministry for clearance before starting construction.
(d) The lessee shall obtain all necessary permits and clearances from all relevant authorities (development permit and building permit) before starting construction of the building on the land leased. Any delay in the obtention of permits and clearances shall not entitle the lessee to any extension of the delay in construction of the building.
(e) The lessee shall not sublet or assign the whole or any part of the State Land leased without the written permission of the lessor.
(f) The lessee shall pay the cost of the ' mise en règle' which may also include the cost of survey.
(g) The lessee shall dispose of all solid and liquid wastes in such a manner as not to pollute the air or water and not to cause any nuisance.
(h) In case of the winding up of the Association, the lease shall determine
(i) The lease is normally granted for an initial period of twenty years.
(j) The rent payable is normally Rs. 150 per annum for the initial period of 10 years and the annual rent is increased by 50% for the remaining ten years
5. LOANS
5.1 Pledging of rights to leases are granted under Article 1778-5, of the Code Civil
5.2 The Pledging of rights is granted for development for which the lease has been granted and subject to the following criteria:-
(i) any lessee is entitled to pledge its leasehold rights subject to a ' droit de regard' from the lessor with particular to the contractual relationship with the lessee;
(ii) the purpose of the loan must be clearly stated and be related to the development of the site leased;
(iii) loans must be taken from known lending institutions and a statement from the latter to that effect must be produced;
(iv) there should be no arrears on the lessee's rent account and rent for the current financial year should be fully paid;
(v) no infringement or encroachment or unauthorised construction whatsoever has been constructed on the site;
(vi) the consent of all other creditors, if any, has been obtained;
(vii) the lease is in order; and
(viii)plans to be submitted for approval if the development is to be carried out on the site leased;
5.3 On the other hand, the pledging of leasehold rights are not granted in the following cases:
(i) the repayment of debts other than those as per paragraph 5.2 (ii) above contracted by the lessee or of any loan contracted by a third party;
(ii) loans taken from private individuals or non-lending institutions
5.4 All applications for pledging of rights not falling under paragraph 5.2 are not considered.
6. REGISTRATION, TRANSCRIPTION AND STAMP DUTIES AND SURVEY FEE
The lessee shall pay the cost of registration, transcription and stamp duties as provided by Section 15 of the State Lands Act and also a survey fee of Rs 1000
7. TRANSFER
7.1 Such leases are not transferable. However, in case there is a change of name of the society/association/organisation, an amendment to the lease is made to insert the new name.
7.2 Application for the transfer made by an unpaid creditor should be forwarded by the Attorney in charge of the sale. The application should be accompanied by supporting documents including the Memorandum of Charges and a copy of the Court Order authorising the sale.
7.3 The cost of such amendment should be borne by the Lessee.
8. CANCELLATION
8.1 Whenever sites have remained undeveloped for a considerable period, the lease may be cancelled.
8.2 Government may resume possession of the whole or any part of the land at any time for any purpose against payment of such compensation for added value to the land as may be determined by the Director, Valuation and Real Estate Consultancy Services, Valuation Department.
8.3 The rent has remained unpaid for more than three (3) months after its falling due and a forty eight hour notice served upon the Lessee requesting him to pay the rent has remained uncomplied with.
From 30 March 2012
GUIDELINES ON CAMPEMENT SITE LEASE
1. HISTORY BEHIND THE GRANT OF CAMPEMENT SITE LEASES
1.1 Campement site leases are granted on Pas Geometriques and State Lands Act on coastal regions.
2. POLICY
Section 10 of the Pas Geometriques Act makes provision for the Government to grant campement site leases by private contract or public auction. Most of campement site leases were granted in the sixties to individuals/ associations and societies which could be empowered to take land on lease. Presently no new site is being granted for campement site leases.
3. CONDITIONS
3.1 The extent of land being the subject of leases for campement site should not exceed 1A25p unless any portion of Pas Geometriques which exceeds the 1A25p is so situated that it cannot be conveniently divided and in the opinion of the Government it is desirable to lease the whole of that portion.
3.2 Any person/association/society shall hold only one campement site lease.
3.3 Campement site leases are not normally granted to Companies.
3.4 Campement site leases were granted for a period of 20 years with option for renewal for two consecutive periods of twenty years with rent either agreed upon at the time of auction sale or as embodied in the lease agreement. In case of the lessee exercising his option of renewal the rent is either increased by 50% or assessed by the Valuation Department.
3.5 However with the amendment of the Pas Geometriques Act, leases are granted for a period not exceeding 60 years, with rent as per the Schedule attached to the Pas Geometriques Act.
3.6 Prior to any development carried out on the site, the plans should to be approved by this Ministry. The lessee shall obtain all necessary permits and clearances from all relevant authorities before construction of any building on the land leased.
3.7 The lessee shall complete the construction of his buildings within 18 months as from the date of signature of the lease.
3.8 The land is to be used solely as a campement site.
3.9 At the expiry of the lease or upon its cancellation , the lessee shall yield up the lands hereby leased nowise deteroriated in value as they stand without any claim whatever for indemnity other than permission to remove the buildings to the lessee . Such buildings shall be removed within a period to be fixed by the lessor, and failing their removal within such period, the buildings shall become the property of the lessor.
4. TRANSFER OF CAMPEMENT SITE LEASES
According to Article 5 of the Lease Agreement the leasehold rights are transferable subject to:-
a) the transferee not being already the lessee of a campement site;
b) the transferor notifying in writing the Lessor of the transfer and submitting a copy of the notarial deed witnessing the transfer of the leasehold rights and sale of any existing building within 21 days of the date of registration of the deed;
c) the drawing up of a lease agreement between the Lessor and the transferee; and
d) the payment of the appropriate duties and taxes at the time of registration of the relevant deeds.
4.1 Request for transfer from campement site lessees who have decided to remain governed by the existing terms and conditions of the original lease are still being considered by the Ministry.
4.1.1 Application for transfer made by the lessee
This application is receivable if it is jointly signed by the lessee and the proposed transferee. Transfer of such campement site lease is normally being effected on same terms and conditions including the rental. On approval by the Ministry for the said transfer, the sitting lessee shall produce a Notarial Deed witnessing the sale of the buildings and the transfer of the leasehold rights in the lease in favour of the new lessee following which a formal lease agreement will be drawn and signed between Government and the new lessee.
4.1.2 Application for transfer made by Heirs of Late lessee.
Whenever a campement site lessee has passed away, the lease may be transferred in the name of one of the heirs of the late lessee or in the name of the Succession and Heirs of the late lessee on same terms and conditions. The application for the transfer of the lease should be supported by all legal documents (i.e. affidavit, power of attorney etc).
4.2 Request for transfer from campement site lessees who have entered in a new 60 year lease may have recourse to the provision of Article 5 of the Lease Agreement for the transfer of the lease.
4.3 Application for transfer made by unpaid creditors
Application for transfer should be forwarded by the attorney in charge of the sale. The application should be accompanied by supporting documents including the Memorandum of Charges
5. SUBDIVISION OF CAMPEMENT SITE
5.1 Request for subdivision of campement site is also considered by this Ministry provided that the extent of the parceled plots is as per prevailing planning guidelines and also provided that all the parceled plots are built up.
5.2 An individual lease with new terms and conditions including new rental will then be drawn up in favour of the beneficiaries of the parceled plots. This exercise will also be subject to the production of a Notarial Deed witnessing the sale of the building together with the transfer of the leasehold rights in favour of each of the new lessee following which a formal lease agreement will be drawn and signed between Government and each of the new lessee(s).
6. LOANS
Pledging of rights are granted under Article 1778-5, of the Code Civil.
The Minister has however approved that permission to pledge right be granted subject to the following criteria:
(i) Any lessee is entitled to pledge his/her leasehold rights subject to a ' droit de regard' from the lessor with particular to the contractual relationship with the lessee;
(ii) The purpose of the loan must be clearly stated and be related to the development of the site leased;
(iii) Loans must be taken from approved lending institutions and a statement from the latter to that effect must be produced;
(iv) There should be no arrears on the lessee's rent account and rent for the current financial year should be fully paid;
(v) No infringement or encroachment or unauthorized construction whatsoever has been committed on the site;
(vi) The consent of all other creditors, if any, has been obtained;
(vii) The lease is in order;
(viii)Plans to be submitted for approval if the development is to be carried out on the site leased; and
(ix) There should be no increase of the current rental.
On the other hand, the pledging of leasehold rights are not to be granted for the following cases:
(i) the repayment of debts other than those as per paragraph (ii) above contracted by the lessee or of any loan contracted by a third party;
(ii) loans taken from private individuals or non-lending institutions.
All applications for pledging of rights for educational purposes should have the prior approval of the Minister.
7.RESUMPTION OF LAND
7.1 Government shall not resume possession of the whole or any part of the land at any time before the expiry of this lease unless such resumption is made under the same conditions as for a compulsory acquisition of a private property and on payment of compensation as, under the Land Acquisition Act.
8. CANCELLATION AND EXPIRY OF LEASED
8.1 Upon cancellation or expiry of the lease, the lessee shall yield up the land hereby leased nowise deteriorated in value as it stands at the date of the lease and the lessor shall resume possession of the land.
The lessee shall be entitled to remove, within a period to be fixed by the Lessor, such building or structure as the Lessee may have been authorized to erect. Failing its removal within such period, the said building or structure shall become the property of Government.
8.2 Failure to vacate the land
Should the Lessee at the expiry or upon the cancellation of the lease or upon resumption of the land, fail to vacate the land, the Lessor shall be entitled to apply for a writ habere facias possessionem to resume possession of the land.
From 30 March 2012
