Section 7: Grant of leases

7. Grant of leases (1) (a) Subject to this Act, the Minister may grant, by private contract or by public auction, leases of Pas Géométriques or annexes for any period not exceeding 30 years and upon such terms as to the payment of rent and other conditions as may be approved by the Minister. (b) Subject to paragraph (c), where in furtherance of the objects of a Cyclone Housing Scheme under the Central Housing Authority Act, it is necessary— (i) to exchange leases of Pas Géométriques for leases of private property; or (ii) to grant leases of Pas Géométriques on which houses may have been built under a Cyclone Housing Scheme, the Minister may grant leases for a period exceeding 30 years but not exceeding 99 years. (c) Section 22 shall not apply to leases of Pas Géométriques granted under paragraph (b). (2) Notwithstanding any other enactment, rent shall be payable in advance and, in default of payment of any instalment within one month after service of a notice claiming payment, the Minister may, by Order in writing, cancel the lease, and thereupon the Government shall be entitled without any further formality to resume possession of the land. (3) (a) Where the lessee in the exercise of his rights under the lease has cultivated the land, possession of which is resumed by 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 any excess of the assessment over the arrears of rent due. (b) Where 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) Any lessee aggrieved by the assessment made under subsection (3) may appeal to the Magistrate of the district where the land is situate. (5) Every appeal before the District Court shall be by plaint with summons, and shall be heard and determined according to the procedure laid down in the District and Intermediate Courts (Civil Jurisdiction) Act. (6) The plaint shall state the grounds of appeal, and the appellant shall not be allowed to 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. P1 – 3 [Issue 2] Pas Géométriques Act (8) In giving his decision in any appeal, the Magistrate may dismiss the appeal or vary the assessment, with or without costs.