Section 3:
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
3. The lessee shall hold the lease as from ....... (date) for a term of .......(no.)years
.............. (no.) months ...........(no.) days, terminating on 7 September ................ ,
yielding during that term the annual rent of ........(amount) rupees payable in advance
in accordance with section 8 of the Shooting and Fishing Leases Act and on the
following conditions—
(a) the lessee shall not assign or sublet the whole or any part of his interest in
this lease without the prior written consent of the lessor;
(b) any unlawful destruction or cutting of trees shall be a ground for cancellation
of the lease where the breach has been committed on the land by the lessee
or by any other person with his knowledge;
(c) where the land is claimed by a lawful owner, other than the lessor, it shall
be given up by the lessee without indemnity, except that the proportional
part of a year's rent as may have been paid in advance at the time the land
is given up shall be refunded;
(d) the lessor reserves the right at any time, if he thinks fit in the public interest,
to make roads, causeways or bridges on the land, and to build on, to fence
in or, for nursery or other purposes, to cultivate any portions of the land;
(e) the lessor reserves the right to exclude any portion of the land from the operation of the lease, subject to a proportional reduction of rent;
(f) forest nurseries, forest stations and the land within a radius of 100 metres
are excluded from the operation of the lease;
(g) the lessor may—
(i) fell, convert and transport trees and timber or cause them to be felled,
converted and transported;
(ii) dispose of bamboos and forest produce generally;
(iii) introduce plants or seeds;
(iv) destroy, or burn noxious growth; and
(v) carry on other operations connected with forestry on the land,
(h) the lessor may, after notifying the lessee, authorise the public to enter the
land between sunrise and sunset for the purpose of collecting fodder, firewood, honeysuckle, guavas or any other fruits, subject to such conditions as
he may determine;
(i) a forest officer and a person authorised by the lessor may use the roads and
rides on the land, subject to such conditions as he may determine;
(j) the lessee reserves the right to abandon, by written notice to the lessor, the
lease if he finds that the acts referred to in paragraphs (d), (e) and (g) are
prejudicial to the enjoyment of his rights, but he shall not be entitled to any
compensation;
[Issue 10] S12 – 6
Revised Laws of Mauritius
SCHEDULE—continued
(k) the lessor may, if he thinks fit in the public interest, cancel this lease UV
giving 3 months' notice of the cancellation to the lessee;
(l) in case of cancellation or on expiry of the lease, the lessee shall be entitled
only to such compensation as the lessor thinks fit to grant for any expenses
incurred by the lessee on account of any building erected or in importing or
raising game on the land;
(m) the lessee shall, at his own expense, clean and keep open, to the satisfaction of the lessor, during the term of his lease, a space of a width of 4 metres on his side of or along the boundary lines between the land and other
lands, or between 2 or more State lands which may form part of the total
area of the land;
(n) the lessee shall clean the rides (brisée) and paths and keep them open to a
minimum width of 4 metres;
(o) the boundaries, and the rides and paths referred to in paragraph (n) shall be
those shown clearly on the plan attached to the le
en, to the satisfaction of the lessor, during the term of his lease, a space of a width of 4 metres on his side of or along the boundary lines between the land and other
lands, or between 2 or more State lands which may form part of the total
area of the land;
(n) the lessee shall clean the rides (brisée) and paths and keep them open to a
minimum width of 4 metres;
(o) the boundaries, and the rides and paths referred to in paragraph (n) shall be
those shown clearly on the plan attached to the lease;
(p) where the lessee fails to maintain the rides and boundary lines as required
under this lease, the lessor may serve a written notice on him to maintain
the same, and where, within 14 days, the work is not executed, it may be
executed by order of the lessor at the expense of the lessee;
(q) (i) the lessee may, with the written consent of the lessor, clear definite
spots on the land, with a view to establishing grazing places or deer,
and openings for sportsmen, provider that the area of any such spot
shall not exceed 0.42 hectares (one arpent) and that the sum total of
all the are cleared shall not be more than 5 per cent of the surface of
the land aforesaid;
(ii) the disposal of the trees removed from such spots shall be subject to
the decision of the lessor;
(iii) the lessor shall not plant trees on the spots which shall always be
kept free, by the lessee, from noxious growth.