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Guidelines on De-Leasing and Surrender of Retail Outlet Sites

<p><span style="color:#696969"><span style="font-size:11px"><span style="font-family:arial">Industry working group of OMCs had various meetings and the proposed policy by BPCL based on detailed guidelines formulated by the Industry on the basis of broad de-leasing policy guidelines approved by the MoPNG is enumerated hereafter.&nbsp; </span></span></span></p> <p><span style="color:#696969"><span style="font-size:11px"><span style="font-family:arial">For sites with valid lease, de-leasing and surrender of site is integral to each other, hence the policy/approval encompasses both de-leasing and surrender. For sites with no valid lease, the policy/approval would be for surrender of the site.&nbsp;&nbsp; </span></span></span></p> <p><span style="color:#696969"><span style="font-size:11px"><span style="font-family:arial">Policy on the following sites is enumerated in detail in the Board Note.&nbsp; </span></span></span></p> <ol> <li><span style="color:#696969"><span style="font-size:11px"><span style="font-family:arial">Policy for Strategic Sites</span></span></span></li> <li><span style="color:#696969"><span style="font-size:11px"><span style="font-family:arial">Policy for Non -strategic sites</span></span></span></li> <li><span style="color:#696969"><span style="font-size:11px"><span style="font-family:arial">Policy for Mumbai , Bangalore, Hyderabad and other cities with similar problems where tenancy rights are not available</span></span></span></li> <li><span style="color:#696969"><span style="font-size:11px"><span style="font-family:arial">Policy for leases under Burmah -Shell Acquisition Act</span></span></span></li> <li><span style="color:#696969"><span style="font-size:11px"><span style="font-family:arial">Policy for cases pending in courts </span></span></span></li> </ol> <p><span style="color:#696969"><span style="font-size:11px"><span style="font-family:arial">Over &amp; above the broad guidelines given by MoPNG for strategic and non strategic sites it was&nbsp; felt by the Industry Working Group to cover certain exceptional situations as part of the de-leasing policy where de-leasing may be considered for strategic as well as non strategic sites. The situations envisaged are as under:&nbsp;&nbsp;&nbsp; </span></span></span></p> <ol> <li><span style="color:#696969"><span style="font-size:11px"><span style="font-family:arial">Where site has subsequently became commercially unviable due to drop in potential for various reasons which may include bypass/ diversion of road/ fly over / closure of project (for which RO has been set up)/exorbitant increase in rentals in case of land owned by government</span></span></span></li> <li><span style="color:#696969"><span style="font-size:11px"><span style="font-family:arial">Where a portion of the land is acquired by Govt. resulting in to the remaining land becoming insufficient for continuation of the retail outlet</span></span></span></li> <li><span style="color:#696969"><span style="font-size:11px"><span style="font-family:arial">After taking the&nbsp;&nbsp; land on lease for development of a retail outlet, statutory approvals were denied /rejected by statutory authorities</span></span></span></li> <li><span style="color:#696969"><span style="font-size:11px"><span style="font-family:arial">Where site is closed due to court case resulting in unnecessary payment of rentals or the corporation decides not to proceed further for pursuing the matter against court order</span></span></span></li> <li><span style="color:#696969"><span style="font-size:11px"><span style="font-family:arial">Sites where resitement of the retail outlet has been necessitated due to vacation of site because of acquisition / court order</span></span></span></li> </ol> <p><span style="color:#696969"><span style="font-size:11px"><span style="font-family:arial">Handing over of sites to the dealers for dealer owned and dealer operated retail outlet sites ( dc/do sites) :&nbsp;&nbsp; </span></span></span></p> <p><span style="color:#696969"><span style="font-size:11px"><span style="font-family:arial">As per the present BPCL policy, the full resitement of dealer owned outlets is approved by Regional Head. The full resitement of dealer owned outlets would also involve handing over of the old site to the dealer after removing company&#39;s equipments such as pumps and tanks. It is recommended that the decision with respect to handing over of the old site to the dealer in all the above cases may be approved by Regional Head based on Territory Manager&#39;s recommendation. As per MoPNG, all proposals for vacation/de-leasing of site would be approved by the Board/Sub Committee of the Board or such other authority to which Board has delegated the power, in a time bound manner.</span></span></span></p> <p><span style="color:#696969"><span style="font-size:11px"><span style="font-family:arial">Source:SNP Infra Research</span></span></span></p>