Section 3 in The U.P. Apartment (Promotion Of Construction, Ownership And Maintenance) Act, 2010
3. Definitions.
- In this Act, unless the context otherwise requires, -(a)"allottee" in relation to an apartment, means the person to whom such apartment has been allotted, sold or otherwise transferred by the promoter;(b)[ 'Apartment' means a part of any property, intended for any type of independent use, inculding enclosed spaces located on one or more floors or any part or parts thereof, in a building to be used for residential or official purposes or for the purpose of practicing any profession, or for carrying on any occupation, trade or business (excluding shopping malls, multiplexes and commercial complexes which are maintained agency) or for such other use as may be prescribed, and with a direct exit to a public street, road or to a common area leading to such street, road and inculdes any parking space or room (whether or not adjacent to the building in which such apartment is located) provided by the promoter for use by the owner of such apartment for parking or, as the case may be, for the residence of any domestic aide employed in such apartment.] [Substituted by Act No. 30 of 2016, dated 19.9.2016](c)"apartment number" means the number, letter or combination thereof, designating an apartment;(d)"apartment owner" means the person or persons owning an apartment or the promoter or his nominee in case of unsold apartments and an undivided interest in the common areas and facilities appurtenant to such apartment in the percentage specified in the Deed of Apartment and includes the lessee of the land on which the building containing such apartment has been constructed, where the lease of such land is for a period of thirty years or more;(e)"association of apartment owners" means all the owners of the apartments therein, acting as a group in accordance with the bye-laws;(f)"board" means the Board of Management of an Association of Apartment Owners elected by its members under the bye-laws;(g)"building" means a building constructed on any land, containing four or more apartments, or two or more buildings in any area designated as a block, each containing two or more apartments with a total of four or more apartments in all such buildings;Provided that an independent house constructed in a row with independent entry and exit, whether or not adjoining to other independent houses, shall not constitute a building.(h)"bye-laws" means the bye-laws made under this Act;(i)"common areas and facilities" means -(i)the land on which the building is located and all easements, rights and appurtenances belonging to the land and the building;(ii)[ the foundations, columns, girders, beams, supports, main walls, roofs/terraces and halls of common use, corridors, lobbies, stairs, stairways, fire-escapes and entrances and exits of the building; [Substituted by Act No. 30 of 2016, dated 19.9.2016](iii)the basements (areas of common use only), cellars, yards, parks, gardens, community centres and common parking areas;](iv)the premises for the lodging of janitors or persons employed for the management of the property;(v)installations of central services, such as, power, light, gas, hot and cold water, heating, refrigeration, air conditioning, incinerating and sewerage;(vi)the elevators, tanks, pumps, motors, fans, cable pipe line (TV, gas, electricity etc.) rain water harvesting system, compressors, ducts and in general all apparatus and installations existing for common use;(vii)[ such other common areas and community facilities as may be specified in the bye-laws; and] [Substituted by Act No. 30 of 2016, dated 19.9.2016](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)expenses of administration, maintenance, repair or replacement of the common areas and facilities, utilities, equipments and machineries and all other sums assessed against the owners of apartment by the Association of Apartment Owners.(ii)expenses declared as common expenses by the provisions of this Act or by the bye-laws, or agreed upon by the Association of Apartment Owners;(k)"common profits" means the balance of all income, rents, profits, and revenues from the common areas and facilities remaining after the deduction of the common expenses;(l)"competent authority" means any person or authority authorised by the Government by notification to perform the functions of the competent authority under this Act for such areas as may be specified in the notification;(m)"declaration" means declaration referred to in Section 12;(n)"deed of apartment" means the Deed of Apartment referred to in Section 14;(o)"Government" means the Government of Uttar Pradesh;(p)"independent areas" means the areas which have been declared but not included as common areas for joint use of apartments and may be sold by the promoter without the interference of other apartment owners;(q)"joint family" means a Hindu undivided family, and in the case of other persons, a group or unit, the members of which are by custom, joint in possession or residence;(r)"local authority" means the Development Authority established under the Uttar Pradesh Urban Planning and Development Act, 1973 or Controlling Authority established under the Uttar Pradesh (Regulation of Building Operations) Act, 1958 or Special Area Development Authority established under the Uttar Pradesh Special Area Development Authorities Act, 1986 or the Uttar Pradesh Housing and Development Board established under the Uttar Pradesh Housing and Development Board Act, 1965 or the Industrial Area Development Authority established under the Uttar Pradesh Industrial Area Development Authorities Act, 1976 or the Uttar Pradesh Cooperative Housing Federation established under the Uttar Pradesh Cooperative Housing Societies Act, 1965 or the Municipal Corporation constituted under the Uttar Pradesh Municipal Corporations Act, 1959 or the Municipality established under the Uttar Pradesh Municipalities Act, 1916, having jurisdiction over the site of property;(s)"limited common areas and facilities" means those common areas and facilities which are designated in writing by the promoter before the allotment, sale or other transfer of any apartment as reserved for use of certain apartment or apartments to the exclusion of the other apartments;(t)"manager" means the Manager of an Association of Apartment Owners appointed under the bye-laws;(tt)[ "Multiplex" means a movie theatre complex with multiple screens, shopping area, food court and ancillary services within a single building constructed on a land area ad-measuring 4000 sqm. or more.] [Inserted by Act No. 30 of 2016, dated 19.9.2016](u)"person" includes a firm and a joint family, and also includes a group housing Co-operative society;(v)"prescribed" means prescribed by rules made under this Act;(w)"promoter" means a person, company, firm, association or Co-operative society, as the case may be, by which, or by whom the building has been constructed;(x)"property" means the land, the building, and all improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith, which have been, or are intended to be submitted to the provisions of this Act.(y)[ "Shopping Mall" means a large enclosed shopping area or complex constructed on a land area ad-measuring 4000 sqm. or more having independent retails stores, food court and ancillary services.] [Inserted by Act No. 30 of 2016, dated 19.9.2016]
