Section 3 in The M.P. Prakoshtha Swamitva Adhiniyam, 2000
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" (which may be called block, chamber, dwelling unit Oat, lot, premises, suite, tenement, unit or by any other name), means a separate and self-contained part of any properly, including one or more rooms or enclosed spaces, located on one or more floors (or any part of parts thereof) in a building or in a plot of land, used or intended to be used for residence, office, shops, showrooms or godowns or for carrying or any business, industry, occupation, profession or trade, or for any other type of independent use, 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 any garage or room (whether or not adjacent to the building in which such apartment is located) provided by the promoter for the use by the owner of such apartment for parking any vehicle or, as the case may be, for the residence of any domestic servant employed in such apartment :Provided that the number and sizes of the apartments in a building shall be in conformity with municipal regulations :Provided further that if a basement, cellar, garage, room, shop or storage space is sold separately from any apartment it shall be treated as an independent apartment and not as part of any other apartment or of the common areas and facilities;Explanation. - Notwithstanding that provision is made for sanitar washing, bathing or other conveniences as common to two or more apartments, the apartments shall be deemed to be separate and self contained;(c)"Apartment number" means the number, letter or combination thereof, designing the apartment;(d)"Apartment owner" means the person owning an apartment and an undivided interest in the common areas and facilities appurtenant to such apartment in the percentage specified in the deed of apartment;Explanation. - A member of a co-operative housing society of the tenant co-partnership type, or an allottee under a hire purchase agreement, will be deemed to be an owner entitled to membership of the association.(e)"Association" means an association consisting of all the apartment owners in a building acting as a group in accordance with the bye-laws, if two or more buildings are grouped together by the promoter in the deeds of apartments, a single association shall be formed for all the apartments, in the buildings so grouped. Membership will be extended to allottees under a hire purchase agreement. Associate membership will be extended to the promoter and to person in occupation, whether under a tenancy, lease, licence from the owner or otherwise, but they will not be entitled to become a member of the board or to have any voting rights in matters concerning ownership of apartments or disposition of property;(f)"Board" means the board of management of an association elected by its members from among the apartment owners under the bye-laws;(g)"Building" means a building constructed on any land containing four or more apartments, or two or more buildings with a total of four or more apartments or any existing building converted into apartments, and includes a building containing two apartments in respect of which a declaration has been made under the proviso to Section 2;(h)"Bye-laws" means the bye-laws of an association made under this Act;(i)"Common areas and facilities" in relation to a building means all parts of the building or the land on which it is located and all easements, rights and appurtenances belonging to the land or the building, which are neither in the exclusive possession of an apartment owner in terms of his deed of apartment, nor are handed over or intended to be handed over to the local authority or other public service agency. This will include the limited common areas and facilities;(j)"Common expenses" means :-(i)all sums lawfully assessed against the apartment owners by the association for meeting the expenses of administration, maintenance, repair or replacement of the common areas and facilities;(ii)expenses, declared by the provisions of this Act or by the bye-laws or agreed upon by the association, as common expenses;(iii)Government and municipal taxes including ground rent and property tax, which is not assessed separately for each apartment;(k)"Common profits" means the balance of all income, rent profits and revenues from the common areas and facilities, remaining after the deduction of the common expenses;(l)"Competent Authority" means the officer or authority who or which may be vested by the State Government, by notification in the Official Gazette, with executive powers for implementing the provisions of this Act and rules made thereunder, for such areas as may be specified in the notification, under the general guidance, superintendence and control of the State Government :Provided that the State Government may notify as Competent Authority more than one officer or authority and distribute the work among them in the manner deemed fit;(m)"Joint family" means a Hindu undivided family and, in the case of other persons, a group, the members of which are by custom joint in possession or residence;(n)"Land" means a portion of the surface of the earth, comprising the ground or soil and everything under it or over it, and things which are attached to the earth (such as buildings, structures and trees), things which are permanently fastened to the earth or to things attached to the earth, easements, rights and appurtenances belonging to them and benefits arising out of them and includes the sites of villages, towns and cities;(o)"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 apartments to the exclusion of the other apartments;(p)"Local authority" means a Municipal Corporation, Municipal Council or an authority for any other area so notified by Government;(q)"Majority" or "majority of apartment owners" means the apartment owners with fifty one percent, or more of the votes in accordance with the percentages assigned in the deeds of apartments for voting purposes;(r)"Person" includes company, firm, co-operative society, joint family and an incorporated body of persons;(s)"Promoter" means the person who constructs or causes to be constructed a building consisting of apartments, or converts an existing building or a part thereof into apartments, for the purpose of selling all or some of the apartments to other persons, and includes his assigns. Where the person who constructs or converts a building and the person who sells are different person, the term includes both of them. Any development authority and any other public body so notified by the Government are deemed to be- promoters in respect of the allottees in buildings constructed by them on land owned by them or placed at their disposal by Government.Explanation. - A person who acts as described above will be deemed a promoter, even if :-(a)he styles himself as builder, coloniser, contractor, developer, estate promoter or by any other name; or(b)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 or any other person;(t)"Property" means the land, the building, all improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, and includes every specie of right and interest in land which a person can have to the exclusion of other persons, such as possession, use and enjoyment free from interference, right of disposition, franchises and hereditaments.
