60Limit of land to be held under perpetual lease

60 Limit of land to be held under perpetual lease S. 60(1) amended by Nos 8461 s. 12(a)(i)–(iv), 96/1994 s. 31(c). (1) No person shall hold under this Part as perpetual lessee either in his own name or the name or names of any other person or persons more than 1170 hectares of land. S. 60(2) amended by No. 25/2023 s. 7(Sch. 1 item 17.13). (2) If any person except as hereinafter mentioned holds lands or any estate or interest in lands contrary to the provisions of this section, such lands or so much thereof as may be held contrary to the provisions of this section shall be liable to be forfeited to His Majesty, and the particular lands to be so liable to be forfeited shall be determined by the following rules: S. 60(2)(a) amended by No. 8461 s. 12(a)(i)–(iv), substituted by No. 96/1994 s. 31(d). (a) if a person who is a perpetual lessee of lands not exceeding 1170 hectares becomes the perpetual lessee of other lands so as to exceed that limit, that person's estate or interest in the lands which exceed that limit are liable to be forfeited; S. 60(2)(b) amended by No. 8461 s. 12(a)(i)–(v), substituted by No. 96/1994 s. 31(d). (b) a person referred to in paragraph (a) forfeits none of the lands of which that person was the owner before he or she exceeded the limit of 1170 hectares; S. 60(2)(c) amended by No. 8461 s. 12(a)(i), substituted by No. 96/1994 s. 31(d). (c) the Minister may determine, by notice in writing given to the lessee, which part of the lands in excess of the limit are liable to be forfeited. (3) If any person by or under any will or as one of the next of kin of any deceased person or by reason of any estate or interest in expectancy falling into possession or by survivorship or by the foreclosure of any mortgage becomes the perpetual lessee of any lands and by reason thereof he becomes such perpetual lessee of land to a greater extent than the extent hereby permitted, such person shall not be deemed to hold such lands contrary to the provisions of this section until the expiration of five years from the death of the testator or intestate or the falling of such estate or interest into possession or the death of the person upon whose death any estate or interest accrues by survivorship to such first-mentioned person or the foreclosure of such mortgage as the case may be. (4) If any mortgagee of any lands takes possession of such lands as perpetual lessee he shall after the expiration of five years from taking such possession be deemed to hold such lands as perpetual lessee within the meaning of this section. S. 60(5) amended by No. 8461 s. 12(b)(i)(ii). (5) Every person holding any lands or any estate or interest in lands contrary to the provisions of this section, in addition to the liability to forfeiture hereinbefore provided for, shall be liable to a penalty of not more than 50 cents for every hectare of such lands held by him contrary to the provisions of this section, and an additional penalty of the same amount for every year he may hold the same. (6) If lands become liable to be forfeited under the provisions of this section such lands may be forfeited while held by the person by whom the forfeiture was incurred or by any person claiming under him not being a bona fide purchaser for value, but such lands shall not be liable to be forfeited after they have passed into the hands of any bona fide purchaser for value claiming under any such person. S. 60(7) amended by No. 6505 s. 2. (7) If any person who is the perpetual lessee of lands to an extent beyond the extent of which any person is permitted to be the perpetual lessee is an infant or lunatic, any executor administrator or trustee in whom such lands may be vested on behalf of such infant or lunatic or if there is none the guardian (if any) of the estate of such infant or the committee or guardian of the estate of such lunatic shall sell such lands estate or interest or so much thereof as may be necessary to reduce the extent of which such infant or lunatic is the perpetual lessee to the extent permitted by this section and apply the proceeds as part of the estate of such infant or lunatic; and if such lands are so sold within five years after the date at which such infant or lunatic became the perpetual lessee of lands to an extent in excess of the extent permitted by this section such lands shall not be liable to forfeiture under the provisions of this section unless a forfeiture was incurred previous to such infant or lunatic becoming the perpetual lessee or to the lunacy of such lunatic; and such executor administrator trustee guardian or committee is hereby empowered and directed to execute proper transfers and assurances for the purpose of vesting such lands in the purchasers thereof which shall be as effectual for that purpose as if the infant or lunatic were of full age and sound mind and executed the same. Pt 1 Div. 4 Subdiv. 4 (Heading) repealed by No. 96/1994 s. 20 (as amended by No. 73/1996 s. 11). Nos 3709 s. 61, 4873 s. 3(1)(3).