(a) “Allottee” In relation to an Apartment(Flat), means the person to whom such Apartment(Flat) has been allotted, initially by the promoter but not yet sold or transferred.
(b) “Apartment(Flat)” means a part of the property, provided by the promoter/ developer in a multi-storied building intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors or any part or parts thereof, in a multi-storied building to be used for residence or office or for the practice of any profession or for the carrying on of any occupation, trade or for business or such other type of independent use as may be prescribed, and with a direct exit to a public street, road or highway or to a Common area leading to such street, road or highway, and includes basement, cellar, any garage or room (whether or not adjacent to the multi-storied building in which such Apartment(Flat) is located) provided by the promoter for use by the owner of such an Apartment(Flat) for parking any vehicle or as the case may be for the residence of any domestic aide employed in such an Apartment(Flat).
(c) “Apartment(Flat) number” means the number, letter or combination thereof, which is the designation of the Apartment(Flat) in the Deed of Apartment(Flat).
(d) “Apartment(Flat) owner” means an allottee to whom an Apartment(Flat) has been finally transferred or sold by the Promoter and who as a result of which owns the Apartment(Flat) and has an undivided interest in the Common areas and facilities appurtenant to such Apartment(Flat) in the manner/percentage specified in the deed of Apartment(Flat).
Explanation — An allottee becomes an Apartment(Flat) owner only after payment of the entire consideration together with interest thereon, if any due, and the Apartment(Flat) finally transferred or sold to him by the Promoter subject to provision of Section-11. Besides this, the Apartment(Flat) Owner should have a Deed of Apartment(Flat) executed and registered in his favour whereas merely an Allottee is not required to do so.
(e) “Approved Bank” means the State Bank of India constituted under Section 3 of the State Bank of India Act, 1955 (23 of 1955), or a subsidiary bank constituted under Section 3 of the State Bank of India (Subsidiary Banks) Act. 1959 (38 of 1959), or a corresponding existing bank constituted under Section – 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or a corresponding existing bank constituted under Section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980).
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(f) “Association of Apartment(Flat) owners” means the association of all the Apartment(Flat) owners of a multi storied building acting as a group and termed as such in accordance with the bye-laws and Deed of Apartment(Flat) and competent to contract in its own name.
Explanation— A member of a co-operative housing society or an allottee under a hire purchase agreement will be deemed to be an owner entitled to membership of the association.
(g) “Board” means the Board of Manager of an Association of Apartment(Flat) Owners elected by its members under the bye-laws.
(h) “Bye-laws” means the bye-laws of an association of Apartment(Flat) owners made under this Act.
(i) “Common areas and facilities” in relation to a building means:-
(i) The land on which such building is located and all easements, rights and appurtenances belonging to the land and the building.
(ii) The foundation, columns girders, beams, supports, main wall, roofs, halls, corridors, lobbies, stairs, stair-ways, fire escapes, and entrances and exit of the building.
(iii) The basements, cellars, yards, gardens, open areas, shopping centers, schools and storage spaces.
(iv) The premises for the lodging Gatekeeper or the person employed for looking after the property.
(v) Installation of central services, such as, power, lights, gas, hot and cold water, heating, refrigeration, air conditioning, incinerating, and sewerages.
(vi) The elevators, tanks, pumps, motors, fans, compressor, ducts and in general, all apparatuses and installations existing for Common use.
(vii) Such other community and commercial facilities as may be prescribed; and
(viii) All other parts of the property necessary or convenient to its existence, maintenance and safety, or normally in Common use.
(j) “Common expenses” means.-
(i) All sums lawfully assessed against the Apartment(Flat) owners by the Association of Apartment(Flat) owners;
(ii) Expenses of administration maintenance, repair or replacement of Common areas & facilities;
(iii) Other expenses agreed upon as Common expenses by the Association of Apartment(Flat) owners;
(iv) Expenses declared as Common expenses by the provisions of this Act, or by the Deed of Apartment(Flat) or the Bye-laws.
(k) “Common profits” means the balance of all incomes, rent, profits and revenues from the Common areas and facilities remaining after the deduction of Common expenses.
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(l) “Competent Authority” means the officer or authority who or which maybe vested by the state Government, by notification in the official gazette with executive powers to perform duties and functions of the competent Authority and for implementing the provisions of the Act and the rules made there under for such areas as may be specified in the notification under the general guidance, superintendence & control of the State Government.
Provided that the State Government may notify more than one officer or Authority as competent authority and distribute the work among them in the manner as it may deem fit.
(m) “Deed of Apartment(Flat)” means the instrument by which the property is submitted to the provisions of this Act as hereinafter provided.
(n) “Government or State Government” means the Government of the State of Jharkhand.
(o) “Local Authority” means Municipal Panchayat, Municipal Council, Municipal Corporation, Municipality and Notified Area Committee or Regional Development Authority or any other area so notified by the government or constituted under the Ranchi Regional Development Authority Act, 1981; The Bihar & Orissa Municipal Act, 1942; Mineral Area Development Authority Act (As Amended)] 1986 and the Ranchi Municipal Corporation Act-2001; as amended time to time.
(p) “Manager” means the manager of an Association of Apartment(Flat) Owners appointed under the bye-laws.
(q) “Multi Storied Building” means a building constructed containing four or more Apartment(Flat), or two or more buildings in any area designated as block, pocket or otherwise, each containing two or more Apartment(Flat), with a total of four or more Apartment(Flat) in all such buildings and includes a building containing two or three Apartment(Flat) in respect of which a declaration has been made under the proviso to Section 2.
(r) “Promoter or Developer” means - the person who constructs or causes to be constructed a building consisting of Apartment(Flat) or converts an existing building or a part thereof into Apartment(Flat) for the purpose of selling all or some of the Apartment to other persons, and includes his assigns. Where the person who constructs or converts a building and the person who sells are different persons, the terms include both of them. Any development authority and any other public body so notified by Government are deemed to be the Promoters in respect of the allottees in building constructed by them on land owned by them or placed at their disposal by Government :
Explanation — Any such person, who acts in the manner described above, will be deemed to be a promoter, in that capacity also if.
(i) he designates himself as builder, colonizer, contractor, developer, estate promoter or by any other name or
(ii) he claims to be acting as the holder of a power of attorney of the owner of the land on which the building is constructed.
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(s) “Proprietor/ Owner” means - the person who is the actual owner of the land on which the Apartment(Flat) building is to be constructed and has the right, title and interest over the proposed land and it also includes the successor and legal heirs of the owner of land. If the land owner is State Government/ Government of India/ public undertaking/ Co-operative society/ Trust etc., the concerned authority shall be termed as Proprietors / Owners.
(t) “Prescribed” means prescribed by rules made under this Act.
(u) “Property” means the land, the multi-storied building, all improvement and structure thereon and all easements, right and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith.
(v) “Revenue Authority” means the authority that is competent for collection of rent of land, building etc. from owners of the plot of land/ Apartment(Flats).
(w) “Reserved or limited Common areas and facilities” means those Common areas and facilities which are designated in writing by the Promoter before the allotment, sale or transfer of any other Apartment(Flat), and kept as reserved for use of certain Apartment(Flat) or remain allotted to any Apartment(Flat) and to the exclusion of other Apartment(Flat).
(x) “Service charges” means expenses incurred on salary to guard and sweeper, and energy charges for Common area lighting and pumping of water and operation of lift, cost of diesel/ Mobil etc. for running the generator, and Annual Maintenance Charges (AMC) for lift, intercom and generator repairing and construction and common works etc. payable monthly.
CHAPTER - II OWNERSHIP, HERITABILITY AND TRANSFERABILITY OF APARTMENT(FLAT)
4. Benamidar of an Apartment(Flat) shall be deemed to be the real owner there of- Where an Apartment(Flat) is transferred to one person for consideration paid or provided by any other person for his own benefit, the transferee shall, not-withstanding any thing in the Transfer of Property Act, 1882 or in any other law for the time being in force, be deemed to be the real owner of such Apartment(Flat), and no court shall consider any claim of the person, paying and providing the consideration for title in such Apartment(Flat) on the ground that he/she did not intend to pay or provide such consideration for the benefit of the transferee and that the transferee is his benamidar, or on any other ground.
5. The Developer/ Promoter and Owner to execute and get Registered document of transfer-
(1) Where the Developer/ Promoter is not the owner of the land over which the Apartment(Flat) is to be built, the Developer/ Promoter and the Owner shall execute and register an agreement stating all the terms and conditions of the agreement >kj[k.M xtV ¼vlk/kkj.k½] o`gLifrokj 2 Qjojh] 2012 31 including the portion of the building and land to be shared by the Developer/ Promoter and the Owner.
The agreement document shall also include that after the completion of construction of the building project the respective share owner i.e.; developer/ promoter and the land owner, shall be absolute owner of their respective shares and they will be entitle to sell/ transfer their shares separately.
(2) The final sale/ lease of the Apartment(Flat) along with the Common areas and facilities shall be executed and registered by the Developer/ Promoter or the Owner, as the case may be, as per sub-section 5.1. in favour of the prospective Apartment (Flat) Owner.
6. Compliance with the covenants and bye-laws- Each Apartment(Flat) owner shall comply strictly with the bye-laws and with the covenants, conditions and restrictions set forth in the Deed of Apartment(Flat), and failure to comply with any of them shall be a ground for action to recover sums due for damages, or for inductive relief, or both, by the Manager or Board on behalf of the Association of Apartment(Flat) Owners or, in a proper case, by an aggrieved Apartment(Flat) owner.
7. General liabilities of Promoter-
(1) Notwithstanding anything in other law, a promoter who intends to construct or constructs a block or building of Apartment(Flat), all or some of which are to be taken or are taken on ownership basis, shall, in all transaction with persons intending to take or taking one or more of such Apartment(Flat), be liable to give or produce, or cause to be given or produced, the information and the documents hereinafter in this section mentioned, a copy of which should also be filed with the Competent Authority for information, including the full particulars about their identity, address etc.
(2) A Promoter, who constructs or intends to construct such block or building of Apartment(Flat), shall -
(a) make full and true disclosure of the nature of his title to the land on which the Apartment(Flat) are constructed, or are to be constructed, such title to the land as aforesaid having been duly certified by an Attorney-at-law, or by an Advocate of not less than seven years standing;
(b) make full and true disclosure of all encumbrances on such land, including any title, interest or claim of any party in or over such land.
(c) give inspection on seven days notice or demand, of the plans and specification of the building, such as specifications relating to structural safety against earthquake and fire safety, built or to be built on the land;
such plans and specifications having been approved by the local authority which he is required so to do under any law for the time being in force;
(d) disclose the nature of fixtures, fittings and amenities (including the provision for one or more lifts) provided or to be provided;
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(e) disclose on reasonable notice or demand if the promoter is himself the builder, the prescribed particulars as respects the design and the materials to be used in the construction of the building, and if the promoter is not himself the builder disclose, on such notice or demand, all agreements entered into by him with the architects and contractors regarding the design, materials and construction of the buildings;
(f) specify in writing the date by which possession of the Apartment(Flat) is to be handed over (and he shall hand over such possession accordingly);
(g) prepare and maintain a list of Apartment(Flat) with their numbers already taken or agreed to be take, and the names and addresses of the parties, and the price charged or agreed to be charged therefore, and the terms and conditions if any on which the Apartment(Flat) are taken or agreed to be taken;
(h) state in writing, the precise nature of the organization of persons to be constituted and to which title is to be passed, and the terms and conditions governing such organization of persons who have taken or are to take the Apartment(Flat);
(i) not allow persons enter into possession until a completion certificate where such certificate is required to be given under any law, is duly given by the local authority (and no person shall take possession of a Apartment(Flat) until such completion certificate has been duly given by the local Authority);
(j) make a full and true disclosure of all outgoings (including ground rent, if any, municipal or other local taxes, taxes on income, water charges and electricity charges, revenue assessment, interest on any mortgage or other encumbrances, if any);
(k) make a full and true disclosure of such other information and document; in such manner as may be prescribed; and given on demand true copies of such of the documents referred to in any of the clauses of this subsection as may be prescribed at a reasonable charge therefor.
(l) display or keep all the documents, plans or specifications (or copies thereof) referred to in clauses (a), (b) and (c), at the site and permit inspection thereof to persons intending to take or taking one or more Apartment(Flat).
(m) when the Apartment(Flat) are advertised for sale, disclose inter alia in the advertisement the following particulars, namely :-
(i) the extent of the carpet area of the Apartment(Flat) including the area of the balconies which should be shown separately;
(ii) the price of the Apartment(Flat) including the proportionate price of the Common areas and facilities which should be shown separately, to be paid by the purchaser of Apartment(Flat) and the intervals at which the installments thereof may be paid;
(iii) the nature, extent and description of the Common areas and facilities;
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(iv) the nature, extent and description of limited Common areas and facilities, and;
(v) the Fire Safety & Earthquake resistant, water harvesting and preservation and lighting conductor provisions as per the norms laid down in law;