| |
| (i) |
not normally be a land owner; |
| (ii) |
not be owner of an ex-CHA housing unit or a NHDC housing unit;and |
| (iii) |
have a family income of not more than Rs 3,000 per month. |
| |
|
|
|
3.
|
Subject to availability of land, the Applicant who satisfies the above criteria is granted a building site lease for residential purposes for period starting as from date of letter conveying approval to expire on 30 June 2060 at an initial rent of Rs 150/- p.a for period starting as from date of letter conveying approval to end on 30.06.2010 with an increase of 50% in the rent every ten years up to 30 June 2060.
|
| |
|
4.
|
The same conditions are applied to sitting lessees whose leases have expired and are due to renewal. However, upon renewal if the lessees are found to be owner of private land / (CHA/NHDC) unit after the signature of the original lease, a new lease is drawn up with initial rent at Rs 1000 p.a for period ending 30.06.2060.
|
| 5. |
Applicant with monthly income falling within the income bracket as per table hereunder may also be considered for the grant of a building site lease normally under the following approved rent terms. |
|
|
|
| Family Income Per month |
Rent to be claimed p.a ( First ten years ) |
| Rs 3001- Rs 4500 |
Rs 300 |
| Rs 4501- Rs 6600 |
Rs 450 |
| Above Rs 6600 and/or land owners |
Rs 1000 |
|
| |
| |
However at the expiry of the running lease, if the lessee is found to be owner of a plot of private land/CHA/NHDC Unit, a new lease is granted for period expiring 30.06.2060 with initial rent of Rs1000 per annum up to 30.06.2010 with an increase of 50% in rent for each subsequent period of 10 years up to 30.06.2060.
|
| |
|
| C. |
PROCESSING OF APPLICATIONS |
| |
|
| 6. |
Applications for building site leases are normally referred to the NHDC. However, in cases where land is available for such purpose, the applications are considered. Applicants are requested to fill an application form.
|
| |
|
| 7. |
On the basis of the information supplied by the applicant the following procedures are adopted:
|
| |
| (i) |
check whether State Land applied for is available and suitable ; |
| (ii) |
effect searches at the Registrar General's Department regarding land ownership status of the Applicant and whether applicant is owner of a CHA/NHDC Unit ; |
| (iii) |
searches are also carried out at the Ministry's level as to whether applicant is already a building site Lessee; and |
| (iv) |
request for socio-economic report from the Ministry of Social Security, National Solidarity and Senior Citizen Welfare and Reform Institutions. |
|
| |
|
| D. |
SUBMISSION FOR APPROVAL |
| |
|
8.
|
When all the required information/data regarding the applicant and the State Land applied for has been collected, an appropriate recommendation is submitted for the consideration of the Minister.
|
| |
|
| E |
EXCEPTIONAL CASES |
| |
| 9. |
Applicants falling in hardship case groups are given priority. These are fire victims and persons subject to eviction by a Court Order. However, the same criteria as enunciated at paragraphs 5 and 7 above apply to them.
|
| |
|
| F. |
DROIT DE SURELEVATION |
| |
| 10. |
Lessees who wish to grant a 'droit de surélévation' to one of their descendants/ascendants should submit a request to the Ministry with a set of plans of proposed addition to existing building together with the name of proposed beneficiary. On approval of the Minister, a 'droit de surelevation' is granted subject to an increase in rental of Rs 1000/- with an increase of 50% every ten years up to its expiry date. This increase in rent is not related to the income of the lessee.
|
| |
|
| 11. |
A 'droit de surélévation' is not granted to a person who is a land owner of a residential plot of land or a person who is the owner of an ex-CHA unit or NHDC unit. It is restricted at present to one unit/level (Ground + 1 ) only.
|
| |
|
| 12. |
The grant of the 'droit de surélévation' is subject to the following conditions: |
| |
|
| |
| (a) |
The lessee should submit within a period of six months as from date of letter conveying approval, a duly registered notarial deed witnessing the grant of the ‘ droit de surélévation' ; and within a period of one year as from date of letter conveying approval a duly registered notarial deed witnessing the règlement de co-propriété; and |
|
| (b) |
The lessee shall be personally responsible for the payment of the State Land rent to Government. |
|
| |
|
| G. |
ADDITIONAL HOUSING UNITS |
| |
| 13. |
Buildings which have a staircase outside are considered as having two residential units while those having a staircase inside are considered as a single unit .
|
| |
|
| 14. |
Rent for building site with two residential units is increased by Rs 1000 p.a with an increase of 50% every ten years up to its expiry date. |
| |
|
| 15. |
The construction of a residential unit laterally is subject to an additional rent of Rs 1000 p.a with an increase of 50% every ten years up to its expiry date. |
| |
|
| H. |
SURVEY FEE |
| |
| 16. |
A survey fee of Rs 600/-, under Section 20 of the Land Surveyors Act (GN/156/93) is claimed at the time of signature of the lease or whenever a lessee requests for a fresh survey of the State Land leased to him.
|
| |
| I. |
REGISTRATION DUES |
| |
Prior to the approved lessee signing the lease agreement, he will be required to pay all the registration fees and stamping fees as prescribed by the Registration Duty Act.
|
| |
|
| J. |
TRANSFER |
| |
| 17. |
Requests for transfer of leases are also considered by this Ministry. These requests are classified in three categories:
|
| |
|
| |
| (i) |
Application for Transfer made by the Lessee
This application is receivable if it is signed jointly by the lessee and by the transferee. |
| (ii) |
Application for Transfer made by Heirs of Late Lessee
Contractually the lease comes to an end at the death of the lessee. When the heirs apply for the transfer of the new lease, the application should be supported by all legal documents. An affidavit witnessing the consent of all heirs for the transfer of the lease in the name of only one person should be produced. |
| (iii) |
Application for Transfer made by Unpaid Creditor
Application for transfer should be forwarded by the Attorney in charge of the sale. The application should be accompanied by supporting documents and a copy of the Court Order authorising the sale. |
|
| |
|
| 18. |
Processing of the applications are dealt in accordance with paragraphs 5 and 7 above, after assessment of eligibility, family income, land ownership status, etc. of the nominee, i.e. the nominee should satisfy all the criteria set for the grant of a building site lease for residential purposes. |
| |
|
| 19. |
On approval of the transfer, the Lessee is requested to submit a duly registered notarial deed witnessing the sale of the building standing on the State Land together with the transfer of the leasehold rights within a period of six months as from the date of the letter conveying approval. |
| |
|
| K. |
LOANS |
| |
|
| 20. |
Pledging of rights are granted under Article 1778-5 of the Code Civil. |
| |
|
| 21. |
Pledging of rights is granted for development for which the lease has been granted and is 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 and/or connected to the full-time professional/business/economic activities of the Lessee; |
| (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; |
| (viii) |
plans to be submitted for approval if the development is to be carried out on the site leased; and |
|
| |
|
| 22. |
On the other hand, the pledging of leasehold rights are not granted for the following cases. |
| |
|
| |
| (i) |
the repayment of debts other than those as per paragraph 21(ii) 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. |
|
| |
|
|
23.
|
Applications for pledging of rights for educational purposes for the Lessee or his descendants should have the prior approval of the Ministry.
|
| |
|
| L. |
DEVELOPMENT OF SITE |
| |
|
|
24.
|
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. In addition the Lessee should obtain all the necessary permits and clearances from relevant authorities.
|
| |
|
| M. |
CANCELLATION OF LEASE |
| |
|
| 25. |
The lease can be cancelled for the following reasons: - |
| |
|
| |
| (i) |
if the Lessee has not completed the construction of a residential building within a period of 18 months as from the date of signature of 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 of 12 months from the date of destruction of the existing building; |
| (iii) |
if the lessee fails to start the erection of the building referred to at (i) above within 9 months from the date of signature of the lease 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 after its falling due and a forty eight hour notice served upon the lessee requesting him to pay the rent has remained uncomplied with; |
| (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; and |
| (vi) |
if at any time, Government requires the said plot for any purpose, subject to payment of such compensation for added value to the land as may be determined by the Chief Government Valuer. |
|
| |
|
| 26. |
FAILURE TO VACATE LAND AND REMOVE BUILDING/S OR STRUCTURES |
| |
|
| |
On the cancellation of the lease for reasons stated at para 25 above, 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. The lessee shall vacate the land, failing which the lessor shall be entitled to apply for a writ habere facias possessionem to resume possession of the land. |
| |
|
|
From 30 June 2005 Back to Top
|
|
|
| |
|
GUIDELINES ON INDUSTRIAL LEASES :
|
| |
| 1. |
POLICY |
| |
|
| 1.1 |
It is the policy of Government to grant industrial leases over State land to promote industrial development. Industrial leases may be granted in favour of an individual/company or society.
|
| |
|
| 1.2 |
Industrial leases are generally granted for the following:- |
|
|
| |
(a) |
Hotel development |
|
| |
(b) |
Construction of Bungalow Complex |
|
| |
(c) |
Construction of offices/commercial complex and |
|
| |
(d) |
Construction of industrial buildings which includes :- |
|
| |
|
| (i) |
a Restaurant |
| (ii) |
a Discotheque |
| (iii) |
a Supermarket |
| (iv) |
a Beauty Parlour |
| (v) |
a Golf Course |
| (vi) |
a Boat House |
| (vii) |
a Nautical Centre |
| (viii) |
an Helipad |
| (ix) |
a Stone Crushing Plant |
| (x) |
a Mechanical Workshop |
| (xi) |
a Metal Workshop |
| (xii) |
a Boat Building Repairs |
| (xiii) |
a Cabinet Workshop |
| (xiv) |
a Jewel Manufacture |
| (xv) |
a Relay Station |
| (xvi) |
a Motor Garage/Centre |
| (xvii) |
a Repeater Station |
|
|
| |
|
|
|
1.3
|
In accordance with section 6 of the State Land Act, the approval of the Minister is sought before an industrial lease is drawn up between the Government as the lessor and the beneficiary as the lessee.
|
| |
|
| 2. |
APPLICATION |
| |
|
| |
| (a) |
Hotel Development
Any promoter willing to have lease over state land for Hotel Development, should submit an application to the Ministry, with copy to the Ministry of Tourism, Leisure and External Communications and Board of Investment. |
| (b) |
Bungalow Complex
Construction of industrial buildings - Construction of offices/commercial complex.
Any Promoter willing to lease state land for the above mentioned development should submit an application in the form of a letter to the Ministry.
Priority criteria, to be clearly spelt out in the project proposals, should include, amongst others,the following information:-
(a) Profile & Shareholding structure of promoting company/promoters
(b) Proven track record of applicant/promoter
(c) Room capacity: 100+
(d) Four to five star type of hotel development in line with the tourism strategy
(e) Project value + FDI: Rs500 million +
(f) Business plan
(g) Concept plan
(h) Social components (over and above mandatory financial contribution to the Tourism Fund)
(i) Eco-friendliness
(j) Site applied for
Potential promoters are reminded that the above-listed criteria are not exhaustive but are only indicative.
|
|
| |
|
| 3. |
PROCEDURES |
| |
|
| 3.1 |
Subject to availability of the land applied for, the application is examined by the Ministry of Housing and Lands in consultation with other Ministries/authorities.
|
| |
|
| 3.2 |
A recommendation is made for the consideration of the Minister to either grant or reject the request. If the request is approved, a reservation letter is issued to the promoter. The reservation is subject to the following conditions:- |
| |
|
| |
| (a) |
the reservation is for a period of six months; |
| (b) |
a cash deposit, to be determined by the Ministry be made within a period of one month as from date of the letter; |
| (c) |
submission of three copies of the preliminary plans within a period of three months as from date of the reservation letter. |
|
| |
|
| 3.3 |
Once the conditions mentioned in the reservation letter have been satisfied, the Chief Government Valuer (CGV) is requested to assess the rent to be claimed. |
| |
|
| 3.4 |
A recommendation is then made to the Minister for the grant of an industrial lease to the promoter. |
| |
|
| 3.5 |
A letter of Intent containing all conditions and rent (payable in advance) is issued to the promoter. Upon acceptance of the offer, the payment of the rent and the survey fee, a lease agreement is drawn up. |
| |
|
| 4. |
PERIOD OF LEASE |
| |
|
| 4.1 |
Industrial leases are normally granted for an initial period of twenty years with option of renewal for four consecutive periods of ten years each. At each renewal the rent is reassessed to reflect the market value.
|
| |
|
| 5. |
RENT |
| |
|
| 5.1 |
For big project, the rent payable for the initial period is as follows: |
| |
|
| 1 st year and 2nd year |
25% of economic rental |
| 3 rd year and 4th year |
50% of economic rental |
| 5 th year to 10th year |
full economic rental (whether or not project has been completed) |
| 11th year to 20th year |
1.5 times the full economic rental |
|
| |
|
| 5.2 |
For small project, the rent is as assessed by the Chief Government Valuer (CGV) for the 1 st period of 10 years and with a 50% increase of the rent for the remaining period of 10 years. |
| |
|
| 6. |
SURVEY FEE |
| |
|
| 6.1 |
A survey fee at the rate of Rs 3,000/- for the first arpent or part thereof and Rs 2000 per additional arpent or part thereof is payable prior to the signature of the lease agreement. |
| |
|
| 7. |
CONTRIBUTION TO THE TOURISM FUND |
| |
|
| 7.1 |
For Hotel Projects, the approved lessee should contribute to an amount of Rs 25 million to the Tourism Fund prior to the signature of the Lease Agreement. |
| |
|
| 8. |
REGISTRATION DUES |
| |
|
| 8.1 |
Registration and stamping fees as prescribed by Registration Duty 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:
|
| |
|
| |
| (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 and/or connected to the full-time professional/business/economic activities of the lessee; |
|
| (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 to be submitted for approval if the development is to be carried out on the site leased. |
|
|
| |
|
| 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. |
TRANSFER |
| |
|
| 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 transfer of the leasehold rights 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 Chief Government Valuer. |
| |
|
| 14. |
CANCELLATION OF LEASE
|
| |
|
| 14.1 |
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 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 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 June 2005 Back to Top |
|
|
| 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 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. Click here to download the Application Form |
| |
|
| 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 issued 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 suitable building 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 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 Chief Government Valuer.
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| 6. |
LOANS |
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|
| 6.1 |
Pledging of rights to leases are granted under Article 1778-5, of the Code Civil. |
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|
| 6.2 |
The Pledging of rights is granted for development for which the lease has been granted and subject to the following criteria :-
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| |
|
| |
| (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. |
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|
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|
| 6.3 |
The pledging of leasehold rights is not granted in the following cases: |
| |
|
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| (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-lending institutions. |
|
| |
|
| 6.4 |
All applications for pledging of rights not falling under paragraph 6.2 are not considered |
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| 7. |
REGISTRATION, TRANSCRIPTION AND STAMP DUTIES AND SURVEY FEE. |
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|
| 7.1 |
The lessee shall pay the cost of registration, transcription and stamp duties prescribed by the Registration Duty Act and also a survey fee of Rs 3000 per arpent for the first arpent or part thereof and Rs 2000 for each additional arpent or part thereof.
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| 8. |
TRANSFER |
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|
| 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.
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| 8.2 |
On the death of the lessee, the lease may be transferred to one of the heirs subject to production of the affidavit witnessing the consent of the other heirs.
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| 8.3 |
The same conditions as at paragraph 4 above are applicable in case of transfer of a lease. |
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| 9. |
CANCELLATION |
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| 9.1 |
Whenever a site has remained undeveloped for a considerable period, the lease may be cancelled. |
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| 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 Chief Government Valuer.
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| 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. |
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| From June 2005 Back to Top |
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|
| GUIDELINES ON SOCIAL / CULTURAL / RELIGIOUS LEASES |
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| 1. |
POLICY |
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| 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. |
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| 2. |
CRITERIA FOR ELIGIBILITY AND RENTAL |
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| 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. |
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| 3. |
PROCEDURES |
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| 3.1 |
Applicant can submit an application in the form of a letter. The applicant shall submit details of the project as well evidence that the Society/Association is registered and is empowered to take a lease. |
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| 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. |
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| 4. |
CONDITIONS AND RENTAL |
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|
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| (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 specify 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 is increased by 50% for the remaining ten years |
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|
| 5. |
LOANS |
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|
| 5.1 |
Pledging of rights to leases are granted under Article 1778-5, of the Code Civil |
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|
| 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; |
|
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|
| 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. |
|
|
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|
| 5.4 |
All applications for pledging of rights not falling under paragraph 5.2 are not considered. |
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|
| 6. |
REGISTRATION, TRANSCRIPTION AND STAMP DUTIES AND SURVEY FEE. |
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|
| |
The lessee shall pay the cost of registration, transcription and stamp duties as prescribed by the Registration Duty Act and also a survey fee of Rs 600 . |
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| 7. |
TRANSFER |
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|
| 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. |
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| 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 and a copy of the Court Order authorising the sale. |
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| 7.3 |
The cost of such amendment should be borne by the Lessee |
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| 8. |
CANCELLATION |
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|
| 8.1 |
Whenever sites have remained undeveloped for a considerable period, the lease may be cancelled. |
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|
| 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 Chief Government Valuer. |
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|
| 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. |
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| From 30 June 2005 Back to Top |
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|
| GUIDELINES ON CAMPEMENT SITE LEASE |
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|
| 1. |
HISTORY BEHIND THE GRANT OF CAMPEMENT SITE LEASES |
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|
| 1.1 |
Campement sites as per existing Law in Mauritius (The Land (Duties and Taxes) Act 1984 means any land, which is situated wholly or partly within 81.21 m from the High Water Mark and has a sea frontage or a private access to the sea. All campement sites lies within the strip of State land of the width of 81.21 m running all round the island and which is commonly known as the Pas Geometriques; and which is governed by the Pas Geometriques Act. |
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| 2. |
POLICY |
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Under the Pas Geometriques Act, it was the policy of 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 (with regards to Societies, the members should be of the same family and should be empowered to take on a 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. |
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| 3.2 |
Any person/association/society shall hold only one campement site lease. |
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| 3.3 |
Campement site leases are not normally granted to Companies. |
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| 3.4 |
Campement site leases were granted for a period of 20 years with option for renewal for two consecutive periods of twenty years. |
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| 3.5 |
Rental initially claimed were those agreed upon at the time of auction sale or as embodied in the lease agreement. |
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| 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. |
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|
| 3.7 |
The lessee shall complete the construction of his buildings within one year as from the date of commencement of the lease. |
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|
| 3.8 |
The land is to be used solely as a campement site. |
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|
| 3.9 |
In some Lease Agreement the lessee was allowed to let the buildings standing on the site leased but he will nevertheless be personally responsible for the payment of rent of the land and for compliance with the terms of the lease. |
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|
| 3.10 |
At the end of the last period 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. |
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|
| 4. |
TRANSFER OF CAMPEMENT SITE LEASES |
| |
Requests for transfer of campement site leases are also considered by the Ministry. These requests are classified in three categories. |
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|
| 4.1 |
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.
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4.2
|
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).
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|
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.
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|
| |
| 5. |
SUBDIVISION OF CAMPESITE 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). |
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|
| 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. |
RETRIVAL/CANCELLATION |
| |
|
| 7.1 |
The lessor reserves the right, on giving three months' notice in writing, to resume possession of the land if required for any purpose on payment of a compensation which shall be determined by the Government Valuer. |
| |
|
| 7.2 |
In assessing the indemnity payable , the following shall be taken into consideration :- |
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|
| |
| (a) |
Value of improvements effected by the lessee. |
| (b) |
The lessee's interest in the unexpired term of the lease. |
| (c) |
Loss of forced sale of buildings. |
| (d) |
Cost of removal of buildings. |
| (e) |
Current year,s rent paid in advance |
|
| |
|
| 7.3 |
The total indemnity payable under this Article should however not exceed Rs 20,000/- . |
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| From 30 June 2005 Back to Top |
