AMENDMENT NOTIFICATION

In exercise of the powers conferred by Section 69 of the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), the Government of Karnataka makes the following rules, further to amend the Bangalore Development Authority (Allotment of Sites) Rules, 1984, namely:-

1. Title and Commencement: (1) These rules may be called the Bangalore Development Authority (Allotment of Sites) (Amendment) Rules, 2005.

(2) They shall come into force at once.

2. Insertion of rule 7: After rule 6 of the Bangalore Development Authority (Allotment of Sites) Rules, 1984 (hereinafter referred to as the said rules), the following rule shall be inserted, namely:-

“7. Allottees to be Lessee: The site allotted under these rules, shall be deemed to have been leased to the allottee until the lease is determined or the site is conveyed in the name of the allottee in accordance with these rules. During the period of the lease, the allottee shall pay to the Authority before the commencement of each year, rent at the rate of purpose live per annum where the area of the site does not exceed two hundred square metres, rupees ten per annum where the area of the site exceeds two hundred square metres, but does not exceed live hundred square meters and rupees twenty per annum where the area of the site exceeds live hundred square metres.”

3. Amendment of rule 13: In rule 13 of the said rules,

(1) for sub-rule (2) and sub-rule (3) the following rule shall be substituted namely:-

“(2) After payment under sub-rule (1) is made, the Authority shall call upon the allottee to execute a lease-cum-sale agreement in Form III. If the allottee fails to execute the lease-cum-sale agreement within 60 days after the Authority has called upon him to execute such agreement, the registration fee paid by the allottee may be forfeited, and the allotment of the site cancelled, and the amount paid by the allottee, may be refunded by the Authority after deducting such expenditure as might have been incurred by the Authority.

Provided that the Authority may on application of the allottee permit him/her to execute a lease-cum-sale agreement in Form-III in the joint name of the allottee and him/her spouse.”

(II) After sub-rule (2), the following sub rules shall be inserted, namely:-

“(3) Every allottee shall construct a building on the site so allotted in accordance with the plans and designs approved by the Authority.

(4) The Authority may impose additional conditions in the lease-cum-sale deed as may be considered necessary.

(5) Until the site is conveyed to the allottee, the amount paid by the allottee for the purchase of the site shall be held by the Authority as security deposit for the due performance of the terms and conditions of the allotment and the lease-cum-sale agreement entered into between the Authority and the allottee.

(6) The allottee shall comply with the conditions of the agreement executed by him and the buildings and other bye-laws of the Authority or the Corporation, as the case may be for the time being in force.

(7) The allottee shall construct a building within a period of five years from the date of execution of the agreement or such extended period as the Authority way in any specified case by written order permit. If the building is not constructed within the said period the allotment may after reasonable notice to the allottee be cancelled, the agreement revoked, the lease determined and the allottee evicted from the site by the Authority and after forfeiting twelve and half percent of the value of the site paid by the allottee the Authority shall refund the balance to the allottee.

(8) (i) On the expiry of a period of ten years from the date of the lease-cum-sale agreement and if the allotment has not been cancelled or the lease has not been determined in accordance with these rules or the terms of the agreement the Authority shall by notice call upon the allottee to get the sale deed of the site executed at his own cost within the time specified in the said notice.

(ii) If the allottee fails to get the sale deed executed within the time specified the Authority shall it self execute the same and recover the cost and other charges if any incidental there to from the allottee.

(9) With effect from the date of taking possession of the site, the allottee of his legal heirs and successors shall be liable to pay the taxes, fees and cesses payable in respect of the site and any building erected thereon.”

(10) If the particulars furnished by the applicant in the prescribed application form for allotment of site are found to be incorrect or false, the sital value deposited shall be forfeited and the site shall be resumed by the Authority.

4. Substitution of rule 14: For rule 14 of the said rules, the following shall be substituted, namely:-

“14. Restrictions, conditions on sales of sites:-

•  The allottee shall not alienate the site within the lease period of ten years except mortgaging the site in favour of Government of India or the State Government or any financial institutions for the purpose of securing loan for the construction of building.

•  If the site is alienated within the lease period except for the purpose specified in Sub-Rule (1), the Authority after a due notice to the lessee, shall cancel the allotment, resume the site and forfeit the amount paid by the lessee.

•  Not with standing anything contained in these Rules if the lessee applies for reasons beyond his control or by reasons of his insolvency or impecuniosities to sell the site or the site with the building constructed thereupon, the Authority may, with the previous approval of the Govt. either:-

•  require him to surrender the site, whereupon no building is constructed. The Authority after such surrender shall pay to the lessee the allotted value of the site together with the interest at the rate of 12% per annum thereon.

•  Where the building is constructed on the site so allotted the Authority shall permit him to sell the building provided the lessee pays to the Authority an amount calculated at 12% per annum on the allotted value of the site.

(5) Substitution of Form-III: For Form-III of the said rules, the following form shall be substituted, namely:-

Eligibility to Apply for BDA site ::

•  Persons who have attained 18 years of age.

•  Domicile of Karnataka for 15 years prior to date of registration.

•  All India services 2 years Domicile Certificate (Central Govt Employees).

•  Persons who does not own Site/House/Flat.

Documents to be produced for issue of Sale Deed ::

•  Letter on plain paper requesting to issue sale deed.

•  Possession Certificate – Copy.

•  Katha Certificate – Copy.

•  Tax Paid receipt up to date.

•  Encumbrance Certificate up to date (In form no. 15).

•  Photo – 6 no's

•  Photo & Signature attestation Certificate – Copy to be obtained from Public Relations Office.

Stamp Duty for Registration of BDA Sites :