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Section 2: Definitions

Chandigarh Housing Board (Allotment, Management & Sale of Tenements ) Regulations, 1979Union territory Regulations of Chandigarh · 1971

In thcse regulations, unless thcre is a anything i·".,,\;:,':· tent with the context or meaning- (I) "Act" means the Haryana Housing Board Act, 1971, as r:.\,(·'id ·Ii !'.'

the Union Territory ofChundigarh ;

(2) "Allotment Lettcr" means a leller in such form as may bl' p",~, ; ,i"c, by the Board from time to time making ~"Iotment OJ".I i;;;ti;,,,:'..

property to an appl icant ;

(3) "Allottec" means a person to whom n property has been 'lji,·,,; ,; (' way of sale or hire-purchase or lease or in such manner Wi 1'1"""'" ·t" by the Board;

I [This cxpression for the purposes of regulations 15, 27, 30 :!!1< ,..;:, IV shall include authorised occupants of the dwe!i inguni;.]

(4) "Applicant" means a persoll who has sent an application pUliin; k,' her signature or affixing hjs/herthumb~impressionthereon;

(5) "Application" means an application made in such fOl'1I1 i':, 1:;;:," hi:.

prescribed by the Board from time to timc ;

(6)"Application Rcgister" means a rcgistcr in whidl arpllcaliQn~!"n. i,'d in response to a public notice are entercd ;

(7) "Board" means the Chandigarh I'lousing Board const iluted l!Ili.kr Sf;','.1 !OJl 3 ofthc Act;

(8) "Common portions" means thosc porlions orthc plot or prell1i~e; \\'hid, are in common use and includes thc land, galeway, enclosure, (\'111;\';,;.<:

walls, passages, corridors, stair-cases, fitling, fixture, lilt, :i il:';;, ill'stallntionwhether for water supply ai- drainage or lighlii\~" Il" ;111>' Notificnt)ondat~~~9!~;Dcccmbcr, 1979 See Chantligar~lGazette(Exira)Dated 5~1~J980 PaL~e 7-1" No. 1III (S) 79/9046-~In cxcl'ci$e ofthcpowcl'S conferred by section 71 ( the Haryana I-lousing Board Act, 1971, asextended to thc Unioll '!\'(;i"i;'

Chandigarh, mid all other powers cnabling it in this beh.alf, the Challdig,a! hi;:"", ing Board withthc prcvious sanction orthe Adm inistratoL hereby makes 1~1" ki lowing regulations, namely :-

1. Added by Chd, Adnln. GaL (r~xlra) NOlilication daled 111l2th AUgUSl, 200n,,! 1':1",,' ;'1!

[527 ] 528 Chandigarh Housing Board (Allotment, Management and Sale ofTencments) Regulations, 1979 other purpose and all such facilities which are lIsed or intended to be lIsed in common;

(9) "Common services" in relation to common portions means the services which are rendered for maintenance, running, keeping in good condition and controlling those common portions, use whereof shall be regulated by the Registered Age lCy concerned;

(10) "Consideration" in relation to a dwelling unit/flat or other built-up property or any other propClty shall include the price fixed by the Board for allotment of such property by way of sale, hire- purchase or lease or in any other manner premium, hire-purchase, lease money and ground rent;

(11) "Conveyance/Lease Deed" means an agreement in the prescribed form between the Board and the allottee 01' hirer or the registered agency, as the case may be, by which the title in the property is transferred to the aliottee or hirer or the Registered Agency on the terms and conditions spccitied in the agreement entered into between the parties;

(12) "Deposit" means the initial amount payable by an applicant along with his application for securing a property which shall be non- interest bearing unless otherwise declared by the Board to be interest bearing;

(13) "Documental Charges" in relation to a document or documents made in pursuance of these regulations means all charges such as stamp . charges, writing charges, registration charges, printing charges and plan charges;

(14) "Dwelling Unit" means a building or a part thereofwhich is used or is intended to be used by a family fOf habitation;

(15) "Eligible Person" means a person who is entitled to the purchase ofa property in accordance with the provisions of scheme and these regulations;

(16) "Flat" means a portion of building with its undivided interest in the common potiol1s·and common service which can be delineated with definite outline on plan and which can be definitely marked on site, and which is a heritable and transferable dwelling unit;

(17) "Ground Rent" in relation to a plot ofland means the annual payment at the prescribed rate to be made by the lessee of the plot to the Board as lessor or the Government;

(18) "Hire-Purchase Period" means such period as may be specified for continuance of a tenancy and on the expiry of which hirer becomes owner and attains lease-hold rights for 99 years after payment of a conveyance/lease deed;

(19) "Hirer" means a person who has signed the Hire-Purchase Tenancy Agreement;

I [This expression for the purpose ofregulations 15,27,30 and chapter IV shall include authorised occupants of the dwelling units.]

(20) "Hire-Purchase" or "Hire-Purchase System" means a system in which a hirer after having paid 25% ofthe price or such percentage of the price of the property as may be prescribed by the Board in the scheme, executes a hire-purchase tenancy agreement;

..--------- ..--------------..---------------- ..----------------_ ...._..---_ ....-----_ .._-_.._---------------------------_ ........- I. Addcd by Chd. Admn. Oaz. (Extra) Notification dated II/12th August, 2000 at page 741 Chandigarh Housing Board (Allotment, Management and 529 Sale ofTenements) Regulations, 1979

(21) "Hire-Purchase Tenancy Agreement" means an agreement between the Board and the hirer in the form prescribed iii these regulations for disposal of property under the hirer in the Hire-purchase System;

(22) "Penalty" means an additional arnoun~ as laid down in the releva~t agreement payable by the allott~c or Imer as a consequenc.e of hIS default in the payment of prescnbed dues or for non-compliance of terms and conditions ofallotment;

(23) "Property" means the land, the building, all appurtenances ~nd structures thereon all owned in free-hold on lease or a; occupIed under competent ~rders by the Boar~ and all a.rticles of personal property ofthe Board intend~d for use 10 connection ther~~lth ;

(24) "Property Circumstances" mcludes the nature and condItIon o~ the building and premises, the type an? the nature of constructl~n, specification adopted therefor, matenal llsed and the workmans!lIp, stability or durability of the structures, the type of ,:c~ommodatlOn, pattern of installation, fittings, fixtures and other ar;te~lhes an~ al~ such other things that constitute the property as they eXIst 111 the bUlldll1g or premises concerned; . .

(25) "Registered Agency" means a body regIstered under these regulatIons for carrying out the provisions of these regulations and agreement made thereunder relating to common portion and common services;

(26) "Scheme" means a scheme prepared by the Board for the construction ofa group of houses for dwelling purposes;

(27) "Service Charges" means the amount ~hich the allottee or hirer ~as to pay as a monthly charge for the mamtenance of common portIOn and common services;

(28) "Tenancy Stipulations in relation to a hirer" means the stipulations for the tenancy prescribed under these regulations.

***

Where this provision sits

ActChandigarh Housing Board (Allotment, Management & Sale of Tenements ) Regulations, 1979
Section2
Marginal noteDefinitions
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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