(1) The Chief Commissioner may lease immovable properties of the Bruhat Bengaluru Mahanagara Palike for a term not exceeding five years with the previous sanction of the concerned Standing Committee. The sanction may be accorded by the Standing Committee as a class or group or all the properties of the Bruhat Bengaluru Mahanagara Palike as may be deemed proper.
(2) The Chief Commissioner may lease immovable properties of the Bruhat Bengaluru Mahanagara Palike for a term for more than five years but not exceeding fifteen years, with the previous sanction of the Council. The sanction may be accorded by the Council as a class or group or all the properties of the Bruhat Bengaluru Mahanagara Palike as may be deemed proper.
(3) The Chief Commissioner may lease immovable properties of the Bruhat Bengaluru Mahanagara Palike for a term for more than fifteen years but not exceeding thirty years, only with the prior approval of the Government.
(4) No lease beyond a term of thirty years shall be given for the immovable properties of the Bruhat Bengaluru Mahanagara Palike.
(5) One extension of a lease which may have been given under any mode hereinbefore, including concession granted for construction, refurbishment, maintain, operate and transfer basis etc., may be given for maximum one more term, not exceeding the term or period of the last lease or the last extended-lease, as the case may be, but, subject to upper limit of ninety nine years in this regard.
The authority to approve the extension shall be same as specified under these rules for grant of fresh lease for the same term or period:
Provided that in case of properties whose lease has already expired but the lessee continues to be in possession, without any extension, then extension under these rules may be given from the date of notification of these rules for a term not 4 exceeding the term or period of the last valid lease or the last extended-lease. The unauthorized occupation period until the date of notification of these rules shall be regularized on the same terms and conditions as for the expired lease.
Provided further that no extension shall be given unless the lessee has paid all, complete and up-to-date dues of the Bruhat Bengaluru Mahanagara Palike.
Examples:
(i) An immovable property is leased to A for a term of five years and is nearing expiry, then A can obtain an extension for one more term of five years.
(ii) An immovable property leased to B for a term of twelve years but the same got expired and was given an extension of three terms. Now, B is eligible for one more extension for three years.
(iii) An immovable property leased to C for a term of seven years but the same got expired and C continued without extension unauthorizedly. Now, C is eligible for one more extension for seven years from the date of notification of these rules.
(6) In case a present on-going lease has a term period of more than thirty years, then, with prior permission of the Government, the Bruhat Bengaluru Mahanagara Palike may give another renewal of the lease for a term period not exceeding thirty years.
(7) At the end of the lease term or extended lease term, if any, the immovable property shall stand automatically vested back to the Bruhat Bengaluru Mahanagara Palike, free of all encumbrances.
(8) The lease of immovable properties of the Bruhat Bengaluru Mahanagara Palike may be given at the minimum reserved One Time Deposit (OTD) only to/for,-
(i) The State Government;
(ii) The Central Government;
(iii) Non-profit Homes for the old or destitute or differently-abled persons;
(iv) Religious purposes or mathas and Not-for-Profit organizations for education and health purposes; and
(v) Such other category or class of persons as the Bruhat Bengaluru Mahanagara Palike may decide with prior approval of the Government.
Provided that the State Government reserves the right to give rebate on the applicable One Time Deposit (OTD) as well as the applicable monthly rent or lease amount, either partially or fully in public interest.
(9) In case of extension of a lease under these rules, the lessee shall be required to deposit the minimum reserved One Time Deposit to the Bruhat Bengaluru Mahanagara Palike, as interest free deposit to obtain the extension.
(10) In every other case the lease of the immovable properties of the Bruhat Bengaluru Mahanagara Palike shall be given, based on the public tender or auction through e-procurement portal on the interest free deposit that the bid winner shall keep with the Bruhat Bengaluru Mahanagara Palike and the monthly rent payable by the lessee shall be subject to increase at the rate of 10% per three years from 5 the date of signing of the agreement of the lease or the date of notification of these rules, whichever is later:
Provided that, any existing and subsisting leases shall continue to operate as per the terms and conditions of the existing agreements and the same are saved.
(11) Any unauthorized occupation of the immovable property of the Bruhat Bengaluru Mahanagara Palike shall be evicted as per the provisions of the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974.