(1) Where any allottee of a godown or shop or shop-cum-godown after it was conveyed to him under rule 10 or a transferee of such allottee or an allottee of a site after it was conveyed to him under rule 10 on which godown or shop or shop-cum-godown is built, is unable to carry on the marketing activity for any reason, he may, if the period of ten years specified in clause (vi) of sub-rule(1) of rule 10 has expired, make an application to the market committee along with a transfer fee specified in the Annexure and the Market Committee after ascertaining whether the applicant owes any dues to the market committee, sellers and other licensed market functionaries may, with the prior approval of the Director of Agricultural Marketing, permit transfer of such godown, shop or shop-cum-godown in whole or in part only in favour of a licensed market functionary, who does not own a site, godown or shop or shop-cumgodown.
Provided that where any application seeking permission for such transfer made prior to the commencement of the Karnataka Agricultural Produce Marketing (Regulation of Allotment of Property in Market Yards) Rules, 2004 is pending, such application shall be deemed to be an application made under this sub-rule and shall be disposed off in accordance with this sub-rule.
(2) Where any market functionary who has been allotted a shop or godown, shop-cum-godown or other building on leave and license basis under rule 13 is continued in occupation of the same for a minimum period of 55 months and requests to convert the said leave and license in to lease-cum-sale basis may be considered with prior approval of the Director of Agricultural Marketing and the value of the site, shop, godown or shop-cum-godown shall be determined by taking into consideration the following factors namely,-
(i) site value at 40% of the guidance value determined under the Karnataka Stamp Act 957, and rules made thereby under or the value of the site approved by the Director of Agricultural Marketing under rule 5, whichever is higher.
(ii) The building value to be fixed by the Engineering Cell of the department after considering the depreciation of the building.
(iii) Any other expenditure incurred by the market committee on the site or building.