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NCT Delhi - Section

Section 2 in The Delhi Development Authority (Management And Disposal Of Housing Estates) Regulations, 1968

2. Definition.

- In these regulations, unless there is anything inconsistent with the context or meaning -
(1)"Act" means the Delhi Development Act, 1957 (61 of 1957);
(2)"Agency Agreement" means an agreement between the Authority and the registered agency in regard to common portions and common services;
(3)"Allotment Letter" means a letter in such form as may be prescribed by the Authority from time to time making allotment of a particular property to an applicant;
(4)"Allottee " means a person or an entity to whom a property has been allotted by way of sale ;
(5)"Applicant " means a person or an entity who has sent an application through physical mode putting his or her or its representative's signature or affixing thumb impression thereon or through online mode;
(6)"application" means an application made in such form as may be prescribed by the Authority from time to time;
(7)"Application Register" means a register in which applications in response to public notice are entered in the order in which they have been received;
(8)"Authority" means the Delhi Development Authority constituted under section 3 of Act;
(9)"common portions" means those portions of the plot or premises which are in common use and includes the lands, gateway, enclosure, compound walls, parks, open ground, passages, corridors staircases, fitting, fixture, lite, if any, any installation whether for water supply or drainage or lighting or any other purpose and all such facilities which are used or intended to be used in common;
(10)"common services" in relation to common portions means the services which are rendered for maintenance, running, keeping in good condition and control these common portions, use whereof shall be regulated by the Registered Agency concerned;
(11)"Conveyance Deed" means an agreement in the prescribed from between the Authority and the allottee or hirer or the registered agency, as the case may be by which the title in the property is transferred to the allottee or hirer of the Registered Agency on the terms and conditions specified in the said agreement;
(12)"deposit" means the initial amount payable by an applicant along with his application for securing a property which shall be non- interest bearing;
(13)"disposal price" or "Hire Purchase Price" in relation to property means such price as may be fixed by the authority for such property;
(14)"documental charges" in relation to a document or documents made in pursuance of these regulations means all charges such as stamp charges, registration charges, written charges, printing charges and plan charges;
(15)"Dwelling Unit" means a building or a part thereof which is used or is intended to be used by a family for habitation;
(16)"Eligible person " means a person or an entity who is entitled to purchase the property in accordance with conditions of the scheme and in terms of these regulations ;
(17)"flat" means a portion of building, which can be delineated with definite outline on plan and which can be definitely marked on site, and which is a dwelling unit;
(18)"Ground Rent" in relation to a plot of land means the annual payment to be made by the lessee of the plot to the Authority as lessor;
(19)"hire purchase period" means such period as may be specified for of a tenancy;
(20)"hirer" means a person who has participated in the hire-purchase system and who has signed the hire-purchase Tenancy Agreement;
(21)"hire-purchase" or "hire-purchase system" means a system in which a participant takes steps to secure rights in a property under a scheme by payment of deposit and also a specified number of monthly instalments spread over a specified number of years, during which he remains a tenant on the terms and conditions set for the purpose and on the expiry of the said years ceases to be a tenant and becomes owner after payment of all dues;
(22)"Hire-purchase Tenancy Agreement" means an agreement between the Authority and the Participant in the form prescribed in these regulations for disposal of property under the Hire-purchase system;
(23). "Housing Estate" means a group of houses built by the Authority for dwelling purposes and may comprise all or any of the following; namely: -
(a)dwelling unit;
(b)land under and appurtenant to such dwelling units;
(c)roads and paths, sewers, storm water drains, water supply and ancillary installation, street lighting and other similar amenities;
(d)open spaces intended for recreations and ventilations;
(e)convenient shopping, schools, community hall or other amenity for common use.
(24)"nominee" means a person who has been nominated by the hirer to be the person to whom rights and liabilities in the property shall be passed on in the event of his demise or similar contingencies;
(25)"penalty" means an additional amount as laid down in the relevant agreement payable by the allottee or hirer as a consequence of his default in the payment of prescribed dues;
(26)"property" means a plot of land, a dwelling unit, a flat or other structure whether grouped under the scheme of the Authority or otherwise and includes common portions and common services;
(27)"Property Allotment Committee" means a committee constituted under these regulations;
(28)"Property Circumstances" includes the nature and condition of the building and premises, the type and the nature of construction, specification adopted therefor, material used, and the workmanship, stability or durability of the structures, the type of accommodation, pattern of installation, fittings, fixtures and other amenities and all such other things that constituted the property as they exist in the building for premises concerned;
(29)"Registered Agency" means a body registered under those regulations for carrying out the provisions of these regulations and agreement made thereunder relating to common portions and common services;
(30)"Scheme" means a scheme prepared by the Authority for the creation of one or more Housing Estates;
(30b)"Developing area " means an area or locality wherein more than 25 per cent . Flats or dwelling units under a housing scheme remain unsold ;'
(30c)"Unsold flats " means flats which could not find buyer after closing of a scheme and shall also include surrendered or cancelled flats ;
(30d)"Entity "means ,
(a)the Central Government or State Government or Union territories administration including subordinate or attached offices under their administrative control ;
(b)autonomous body and public sector undertakings constituted by the Central Government or StateGovernment or Union territories administration or partly by the Central Government and partly by oneor more States Government or Union territories administration ; and
(c)local bodies;
(30e)"Closing of Scheme " means six months from the conduct of draw of lots of the scheme ;'.
(31)"Service Charges" means the amount which the allottee or hirer has to pay as a monthly charges for the maintenance of common portions and common services;
(32)"tenancy stipulations" in relations to a hirer means the stipulations for the tenancy prescribed under these regulations;
(33)"Vice-Chairman" means the Vice-Chairman of the Authority.