Section 19: Lease of land to métayers for production of sugar cane

19. Lease of land to métayers for production of sugar cane (1) Subject to subsections (2), (5), (7) and (8), whenever a métayer contract expires and the métayer is willing to renew the contract, the planter shall renew it for a period which shall not be less than the period of the expired contract. (2) No lease shall be renewed unless— (a) the sugar cane yield exceeds a limit to be fixed by the Mauritius Cane Industry Authority having regard to agroclimatic and soil factors in the area where such land is situated and after consultations between the planter and the métayer; and (b) the métayer has during the relevant lease period cultivated the land and sent sugar canes for milling for at least 6 consecutive years. (3) Where a lease is not renewed under subsection (2), the planter shall, after consultation with the Mauritius Cane Industry Authority, lease the land to another person. (4) Where the métayer has not cultivated the land and has not sent sugar cane for milling for 4 consecutive years under his contract of métayage, the contract shall lapse without any compensation being payable to the métayer and the land subject matter of the métayage shall be offered by the planter to another person after consultation with the Mauritius Cane Industry Authority. [Issue 9] S49 – 20 Revised Laws of Mauritius (5) The métayer may, in respect of an existing contract, designate in writing, and with the written authorisation of the Mauritius Cane Industry Authority and the planter, a person to whom the lease may be transferred in case he— (a) is no longer able to cultivate land under métayage for the production of sugar cane during the lease period specified in the métayer contract; (b) is not willing to renew the métayer contract at its expiry; or (c) passes away at any time during the lease period. (6) The métayer may, with the written authorisation of the Mauritius Cane Industry Authority and the planter, designate another person in lieu of the person referred to in the contract for the purposes of subsection (5). (7) Where the métayer has not designated any person under subsection (5), the planter shall, after consultation with the Mauritius Cane Industry Authority, lease the land to another person, subject to any residual investment costs being reimbursed by that person to the métayer or to his heirs as the case may be. (8) The planter may, for the production of sugar cane and subject to the authorisation of the Mauritius Cane Industry Authority, recover land under métayage on the conditions that— (a) alternative and equivalent land is offered to the métayer; and (b) any residual cost incurred by the métayer as supported by documentary evidence is refunded to the métayer. (9) Where the land under métayage for the production of sugar cane is not taken by any other métayer, it shall not be put to any use other than the production of sugar cane without the prior written authority of the Minister. (10) The Minister may, when considering whether to grant an authority under subsection (9), seek the advice of a committee appointed by the Minister in the manner set out in section 28. (11) Any person who contravenes this section shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees. (12) In this section— “6 consecutive years”, in subsection (2), includes any year where the sugar cane production on the land under métayage has been totally destroyed by any of the events described under section 25 or Part VI of t uthority under subsection (9), seek the advice of a committee appointed by the Minister in the manner set out in section 28. (11) Any person who contravenes this section shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees. (12) In this section— “6 consecutive years”, in subsection (2), includes any year where the sugar cane production on the land under métayage has been totally destroyed by any of the events described under section 25 or Part VI of the Sugar Insurance Fund Act; “land under métayage for the production of sugarcane” means land which was registered with the Sugar Insurance Fund as being land under métayage as at 31 May 1997; “métayer” has the meaning assigned to it in the Sugar Insurance Fund Act; S49 – 20 (1) [Issue 9] Sugar Industry Efficiency Act “person” does not include any person who is— (a) a body corporate which directly or indirectly controls or is controlled by the miller or a lessor of land; and (b) a shareholder of the planter. [S. 19 amended by s. 65 (5) (c) of Act 40 of 2011 w.e.f. 19 March 2012.] PART IV – CONDITIONS OF EMPLOYMENT AND INCENTIVES TO WORKERS