Definitions

Definitions

(1) “allottee” means a Member of a housing society to whom a plot of land or a site, or a flat in a building or complex held by it, is allotted by the co-operative society, or a person who has purchased a flat from the developer or competent authority and joined as a Member of the society; (2) “Architect” means a person registered as an architect under the provisions of the Architects Act, 1972 (20 of 1972) ; (3) “Association of society” means an association of,— (a) not less than five registered co-operative housing societies, and (b) in which the voting rights are so regulated that the Members which are housing societies have not less than four-fifths of the total number of votes in the general meeting of such society; (4) “Auditor” means a person or an auditing firm who or which has been empanelled on the panel approved by the State Government under sub-section (1) of section 81 ; (5) “Builder promoter” means,— (i) a person who constructs or causes to be constructed an independent building or a building consisting of flats, or converts an existing building or a part thereof into flats including the re-development of building or buildings, for the purpose of selling all or some of the flats to other persons and includes his assignees ; or (ii) a person who develops land into a project, whether or not the person also constructs structures on any of the plots, for the purpose of selling to other persons all or some of the plots in the said project, whether with or without structures thereon ; or (iii) any development authority or any other public body in respect of allottees of,— (a) buildings or flats, as the case may be, constructed by such authority or body on lands owned by it or placed at its disposal by the Government ; or (b) plots owned by such authority or body or placed at its disposal by the Government, for the purpose of selling all or some of the flats or plots ; or (iv) an apex State level co-operative housing finance society and a primary co-operative housing society which constructs flats or buildings for its Members or in respect of the allottees of such flats or buildings ; or (v) any other person who acts himself as a builder, coloniser, contractor, developer, estate developer or by any other name or claims to be acting as the holder of a power of developed for sale ; or (vi) such other person who constructs any building or apartment for sale to the general public ; (6) “Chief promoter” means a promoter who has been elected so in the meeting of promoters for registration of a housing or premises society ; (7) “Corpus fund” means payment received or receivable by the society from the developer in lieu of surrendering its development rights of plot by way of registered document or contributed by Members for any purpose as decided in general meeting ; (8) “Co-operative Housing Association” means association of housing societies or other legal bodies for the purpose of maintenance of common amenities or conveyance of land and common amenities in respect of plot or layout ; (9) “Committee” means the managing Committee or other governing body of a society to which the direction and control of the management of the affairs of a society is entrusted to ; (10) “Committee Member” means a Member of the society who has been elected or co-opted or nominated in accordance with this Act, rules and bye-laws of the society ; (11) “defaulter” means a Member or flat owner or occupier who fails to pay the dues of the society within three months from the date of service of bill or notice or due date of payment, whichever is later ; (12) “dues” means the amount payable by a Member or flat owner to the society and demanded by the society by issuing bill or notice in writing and such demand is based on the provisions of this Act, rules and bye-laws of the society ; (13) “Flat” means block, chamber, dwelling unit, apartment, office, showroom, shop, godown, premises, suit, tenement, unit or by any other name, means a separate and self-contained part of any immovable property, including one or more rooms or enclosed spaces, located on one or more floors or any part thereof, in building or on a plot of land, used or intended to be used for any residential or commercial use such as residence, office, shop, showroom or godown or for carrying on any business, occupation, profession or trade, or for any other type of use ancillary to the purpose specified ; (14) “General Body” means all the Members of the society; (15) “General Meeting” means meeting of General Body called and conducted in view of the provisions of this Act, rules and bye-laws; (16) “Housing Federation” means the State or District Federal Society notified by the Government in the Official Gazette to be the representative of the registered Housing Societies of the specified areas notified by the Government, from time to time; (17) “housing society” means a society, the object of which is to provide its Members with open plots for housing, dwelling houses or flats; or if open plots, the dwelling houses or flats are already acquired, to provide its Members common amenities and services and to demolish existing buildings and reconstruct or to construct additional tenements or premises by using potential of the land; (a) “tenant ownership housing society” means a society the object of which is to allot the plots to its Members to construct the dwelling unit or flats thereon or to allot the dwelling units already constructed and where land is held either on lease hold or free hold basis by the society and houses are owned or to be owned by the Members; (b) “tenant co-partnership housing society” means a society the object of which is to allot the flats already constructed or to be constructed to its Members and where both land and building or buildings are held either on freehold or lease-hold basis by the society ; and construction co-operative housing societies and premises co-operative societies where all the units are offices or commercial galas ; (18) “Member” means a person joining in an application for the registration of a housing society which is subsequently registered, or a person duly admitted to Membership of a society after its registration and includes associate or joint or provisional Member ; (a) “Associate Member” means husband, wife, father, mother, brother, sister, son, daughter, son-in-law, daughter-in-law, nephew, niece a person duly admitted to Membership of a housing society on written recommendation of a Member to exercise his rights and duties with his written prior consent and whose name does not stand in the share certificate ; (b) “Joint Member” means a person joining in an application for the registration of a housing society jointly, which is subsequently registered or a person who is duly admitted to Membership after its registration and who holds share, right, title and interest in the flat jointly but whose name does not stand first in the share certificate ; (c) “provisional Member” means a person who is duly admitted as a Member of a society temporarily after death of a Member on the basis of nomination till the admission of legal heir or heirs as the Member of the society in place of deceased Member ; (19) “Officer” means a person elected or appointed by a society to any office according to its bye-laws; and includes any office bearer such as a chairperson, vice-chairperson, president, vice-president, secretary, joint secretary, treasurer, joint treasurer, Member of the Committee, manager and any other person, by whatever name called, elected or appointed under this Act, the rules or the bye-laws, to give directions in regard to the business of such society ; (20) “person” includes,— (i) an individual, who is competent to contract under the Indian Contract Act, 1872 (9 of 1872), (ii) the State Government, (iii) the Central Government, (iv) a Hindu Undivided Family, (v) a company registered under the law for the time being in force, (vi) a firm registered under the Indian Partnership Act, 1932 (9 of 1932) or the Limited Liability Partnership Act, 2008 (6 of 2009), (vii) local authority, (viii) an association of persons or body of individuals whether incorporated or not, (ix) a co-operative society registered under any law relating to co-operatives, (x) a public trust or family trust formed in accordance with a relevant provisions of law, (xi) any legal body which can hold the immovable property, and (xii) any entity as may be notified by the State Government, from time to time ; (21) “Plot” means a piece of land numbered and shown as one plot in a layout sanctioned or to be sanctioned; (22) “Promoter” means a person intending to become a Member of a proposed society and who becomes the Member on its registration; (23) “Proposed society” means the society the proposal of which is submitted by the builder promoter or by the chief promoter to the Registrar and which has been granted permission for reservation of name and opening account in bank in its name.