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[Cites 0, Cited by 0] [Section 2] [Entire Act]

State of Maharashtra - Subsection

Section 2(1) in The Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981

(1)
(a)"Act" means the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977);
(b)[ "Allotment Committee" means a Committee appointed by the Authority or by the Boards as the case may be for the purpose of drawing lots for allotment of tenements in a building and for such other purposes relating thereto as the Authority or the Board may think fit from time to time] [Clauses (b) and (h) were substituted by G. N. of 25.4.1990.];
(c)"allottee" means a person to whom a tenement is allotted or who is put in possession or occupation of a tenement under these Regulations, and includes :-
(i)a housing society, a company, an Association or a body corporate established under any law for the time being in force in the State; and .
(ii)all such persons who, before the commencement of these Regulations, are duly and legally in possession or occupation of any premises of the Authority;
(d)"Apartment Act" means the Maharashtra Apartment Ownership Act, 1970 (Maharashtra XV of 1971);
(e)"apartment owner" means an apartment owner as defined in section 3 of the Apartment Act;
(f)"applicant" means a person who applies under Regulation 9 in Form I for allotment of a tenement under these Regulations;
(g)"Association" means a Association of Apartment Owners constituted under the Apartment Act;
(h)[ "Authorised Officer" means a person duly empowered by the Chief Officer, for the purposes of these Regulations] [Clauses (b) and (h) were substituted by G. N. of 25.4.1990.];
(i)"Authority" or "Board" includes an officer appointed by the authority or as the case may be, by the Board to perform the functions and [to exercise the powers of the Authority, the Board or the Chief Officer under these Regulations;] [These words were substituted for the words 'to exercise the powers of the Authority or the Board under these Regulations' by substituted by G. N. of 25.4.1990.]
(j)"Chief Officer" means the Chief Officer of a Board within the meaning of sub-section (5) or (6) of section 18 of the Act;
(k)"colony" means any specified area referred to as such in which any existing Board or the Authority has constructed buildings or is entrusted with the management of buildings, under a housing scheme;
(l)"economic rent" in relation to tenement means the rent which is determined by the Authorised Officer in accordance with the formula prescribed by the Government by an order made in this behalf;
(m)[ "Estate Manager" means the officer of a Authority appointed as such, and includes an Assistant Estate Manager, appointed as such and duly authorised by the Board or by the Authority for the purposes of these Regulations, for managing the estate of the Authority specified in such authorisation;] [Clause (m) was substituted by G. N. of 29.7.1994.]
(n)"Estate of the Authority" means all lands, buildings, all easements in relation thereto and all other property belonging to, or vesting in, the authority or in its possession for the purposes of the Act, or these Regulations, and also includes all Authority Premises;
(o)"family" in relation to an allottee or applicant, means his spouse, sons and unmarried daughters, and [* * *] [The words 'and for the purposes of transfer of tenants also includes' were deleted by G. N. of 9.7.1992.] persons who are members of his family under the personal law applicable to him; (p) "Form" means a Form appended to these Regulations;
(q)"Government" means the Government of Maharashtra;
(r)"housing scheme" includes a housing plan or project, [but does not include a plan or project for the construction establishment and development of a commercial centre] [Inserted by G. N. of 20.11.1982.];
(s)"housing society" means co-operative housing society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960 (Maharashtra XXIV of 1961);
(t)"income" in relation to an applicant or allottee means the total average monthly income regularly derived by the applicant or allottee and his or her spouse from any occupation, trade, business, employment or any calling or source constituting normal means of livelihood on the date on which an application for a tenement offered under any housing scheme is submitted to the Authority, Board or officer specified in such scheme or any other date specified by the Board in this behalf, but does not include, income which is intended to reimburse any specific service, such as, conveyance allowance, house rent allowance, travelling allowance, car allowance and such other allowances;
(u)[ "Initial instalment" means such amount of purchase price of a tenement as the Board may determine, and which an applicant, tenderer or allottee is required to pay to the Board before occupying such tenement, regard being had to the cost of the tenement, whether provisional or final, constructed under any housing scheme or a scheme for a commercial centre] [Clause (u) was substituted by G. N. of 20.11.1982.];
(v)"officer of the Board" means in relation to the area under the jurisdiction of the Bombay Housing and Area Development Board, the Deputy Chief Officer (Estate Managements), and elsewhere the Chief Officer within his jurisdiction;
(w)"purchase price" in relation to a tenement means the provisional or the final price at which a tenement is sold to an allottee under these Regulations;
(x)"rules" means the Maharashtra Housing and Area Development (Disposal of Land) Rules, 1981;
(y)"section" means a section of the Act;
(z)"tenant" in relation to a tenement means the persons to whom a tenement is allotted either on lease, on payment of rent or on the basis of sale by deferred payment (popularly referred to as a transaction in the nature of hire-purchase), till such person has paid all the equated instalments and other dues, if any, in respect of the tenement, and the building containing such tenement has been duly conveyed under a deed of sale to the housing society, company or the Association;
(za)"tenement" means a part of a property intended for independent use including one or more rooms or enclosed space located on one or more floors (on part or parts thereof), in a building constructed under any housing scheme [or any scheme for a Commercial Centre and intended to be used principally for residence, or for a commercial purpose] [These words were substituted for the words 'and intended to be used principally for residence' by G.N. of 20.11.1982.] or such other use as the Board may permit in this behalf with a direct exit to any public street, road or highway or to a common area leading to such street, road or highway, and includes an apartment within the meaning of the Apartment Act;