Definitions.

§2

Summary

In this Act, unless the context otherwise requires,- (a) "advertisement" means visible representation made to the general public either through announcement or display or in any other manner whatsoever, offering for sale a flat or plot or inviting persons to take such flat or plot on ownership basis and to make advances or deposits for such purposes; (b) "apartment" and "apartment owner" shall have the same meanings as respectively assigned to them in the Maharashtra Apartment Ownership Act, 1970 (Mah. XV of 1971); (c) "Apex Body" or "Federation" means an independent body formed by and consisting of all the co-operative societies or companies or Condominiums or any other legal entity, constituted of the flat purchasers in various buildings with or without wings located within a layout, where each such co-operative society or company or condominium or any other legal entity, as the case may be, shall co-operate in the maintenance and administration of common areas and amenities and facilities provided in the layout but shall independently retain control of its own internal affairs and administration in respect of each of the buildings for which they are formed; (d) "carpet area" shall have the same meaning as assigned to it in the relevant Development Control Regulations; (e) "common areas and amenities and facilities of a layout" means the areas, amenities and facilities intended for common use of apartment owners in a layout and includes park, recreational ground, play ground, open space, path, pathway, alleyway or garden located outside the area of any building or buildings, street lights, securities, water and electric supply, sewerage, drainage, public works, fire fighting systems and works, water tanks, other utilities and services, and the like, provided or to be provided by the promoter within the layout but shall not include parking spaces or garages; (f) "Competent Authority" means the Competent Authority appointed under section 21; (g) "compulsory open space" means the minimum open space permitted and approved to be kept as such while constructing a building or buildings by the local Planning Authority under the Development Control Regulations or under any law for the time being in force; (h) bqtsconveyance" means the legal instrument of transferring property, property rights, and title from one person or legal entity to another person or legal entity through registered deed and shall include lease, sub-lease or assignment; (i) "development", with its grammatical variations and cognate expressions, means to carry out development of building or the making of any material change in any building and includes redevelopment; (j) "development charges" means the cost of external development work to be carried out by the local authority; (k) "development works" means the internal development works and external development works; (l) "external development works" means infrastructure work such as roads and road systems, landscaping, water supply, sewerage and drainage systems, electricity supply transformer, sub-station or any other work which may have to be executed by the local authority; (m) "flat" means a separate and self-contained set of premises used or intended to be used for residence, office, show-room, shop, godown or for carrying on any industry or business and the premises forming part of the building and includes an apartment. Explanation.- If provision is made for sanitary, washing, bathing or other conveniences as common to two or more sets of premises, the premises shall be deemed to be separate and self-contained ; (n) "Housing Appellate Tribunal" means the Housing Appellate Tribunal established under section 36; (o) "Housing Regulatory Authority" means the Housing Regulatory Authority established under section 22; (p) "internal development works" includes roads, footpaths, water supply, sewers, drains, tree planting, street lighting, provision for community buildings and for treatment and disposal of sewage and sullage water or any other work in the boundary of a layout necessary for its proper development; (q) "layout" means the schematic planning and,- (i) development of more than one building, except for building accessory to the main building, proposed on any land; or (ii) development or redevelopment of any tract of land admeasuring two thousand square meters or more in a residential or commercial or in an industrial zone, including its division or sub-division into plots; (r) "limited common areas and facilities of a building" means entrance hall, staircases, lift, common passages on every floor, fire fighting systems within building including fire chute, refuge areas, garbage disposal area includings garbage chute, service floors or terraces above the upper most floor of the building and includes all areas in the building except parking spaces and utility areas; (s) "local authority" means the local authority as defined under clause (15) of section 2 of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966); (t) "marketing" means advertising for sale and promotion for sale of any flat or land in any project by the promoter; (u) "Member", in relation to the Housing Regulatory Authority, means the member of the Housing Regulatory Authority and includes the Chairperson thereof; and, in relation to the Housing Appellate Tribunal, means the member of the Housing Appellate Tribunal and includes the Chairperson thereof; (v) "open space" means an area forming an integral part of a site left open to the sky; (w) "parking space" means an enclosed or unenclosed, covered or open area which is sufficient in size to park vehicles; (x) "prescribed" means prescribed by rules made under this Act; (y) "project" means a housing project under this Act; (z) "promoter" means a person, a developer or builder and includes a partnership firm or limited liability firm or any body or association of persons whether registered or not and who constructs or causes to be constructed a block or building of flats for the purpose of disposing of by sale or otherwise some or all of them to other person, or to a company, co-operative society or other association of persons, and includes his assignees, and where the person who builds and the person who disposes of are different persons, the term includes both; (za) "Registrar" means the Registrar as defined in the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) or as the case may be, in the Companies Act, 1956 (1 of 1956); (zb) "regulations" means the regulations made under section 52; (zc) "Schedule" means the Schedule appended to this Act; (zd) "to construct a block or building of flats" includes converting a building or part thereof into flats; (ze) "Township" means an area,- (i) where more than one layout is proposed or approved on any land; and (ii) where the land under development admeasures forty hectares or more at one place, continuous, unbroken and uninterrupted; (zf) "utility area" means dry balconies, flower beds, cupboard niches, elevation boxes, decks, pocket terraces, open spaces, and the like, within or attached to a flat.

In this Act, unless the context otherwise requires,- (a) "advertisement" means visible representation made to the general public either through announcement or display or in any other manner whatsoever, offering for sale a flat or plot or inviting persons to take such flat or plot on ownership basis and to make advances or deposits for such purposes; (b) "apartment" and "apartment owner" shall have the same meanings as respectively assigned to them in the Maharashtra Apartment Ownership Act, 1970 (Mah. XV of 1971); (c) "Apex Body" or "Federation" means an independent body formed by and consisting of all the co-operative societies or companies or Condominiums or any other legal entity, constituted of the flat purchasers in various buildings with or without wings located within a layout, where each such co-operative society or company or condominium or any other legal entity, as the case may be, shall co-operate in the maintenance and administration of common areas and amenities and facilities provided in the layout but shall independently retain control of its own internal affairs and administration in respect of each of the buildings for which they are formed; (d) "carpet area" shall have the same meaning as assigned to it in the relevant Development Control Regulations; (e) "common areas and amenities and facilities of a layout" means the areas, amenities and facilities intended for common use of apartment owners in a layout and includes park, recreational ground, play ground, open space, path, pathway, alleyway or garden located outside the area of any building or buildings, street lights, securities, water and electric supply, sewerage, drainage, public works, fire fighting systems and works, water tanks, other utilities and services, and the like, provided or to be provided by the promoter within the layout but shall not include parking spaces or garages; (f) "Competent Authority" means the Competent Authority appointed under section 21; (g) "compulsory open space" means the minimum open space permitted and approved to be kept as such while constructing a building or buildings by the local Planning Authority under the Development Control Regulations or under any law for the time being in force; (h) bqtsconveyance" means the legal instrument of transferring property, property rights, and title from one person or legal entity to another person or legal entity through registered deed and shall include lease, sub-lease or assignment; (i) "development", with its grammatical variations and cognate expressions, means to carry out development of building or the making of any material change in any building and includes redevelopment; (j) "development charges" means the cost of external development work to be carried out by the local authority; (k) "development works" means the internal development works and external development works; (l) "external development works" means infrastructure work such as roads and road systems, landscaping, water supply, sewerage and drainage systems, electricity supply transformer, sub-station or any other work which may have to be executed by the local authority; (m) "flat" means a separate and self-contained set of premises used or intended to be used for residence, office, show-room, shop, godown or for carrying on any industry or business and the premises forming part of the building and includes an apartment. Explanation.- If provision is made for sanitary, washing, bathing or other conveniences as common to two or more sets of premises, the premises shall be deemed to be separate and self-contained ; (n) "Housing Appellate Tribunal" means the Housing Appellate Tribunal established under section 36; (o) "Housing Regulatory Authority" means the Housing Regulatory Authority established under section 22; (p) "internal development works" includes roads, footpaths, water supply, sewers, drains, tree planting, street lighting, provision for community buildings and for treatment and disposal of sewage and sullage water or any other work in the boundary of a layout necessary for its proper development; (q) "layout" means the schematic planning and,- (i) development of more than one building, except for building accessory to the main building, proposed on any land; or (ii) development or redevelopment of any tract of land admeasuring two thousand square meters or more in a residential or commercial or in an industrial zone, including its division or sub-division into plots; (r) "limited common areas and facilities of a building" means entrance hall, staircases, lift, common passages on every floor, fire fighting systems within building including fire chute, refuge areas, garbage disposal area includings garbage chute, service floors or terraces above the upper most floor of the building and includes all areas in the building except parking spaces and utility areas; (s) "local authority" means the local authority as defined under clause (15) of section 2 of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966); (t) "marketing" means advertising for sale and promotion for sale of any flat or land in any project by the promoter; (u) "Member", in relation to the Housing Regulatory Authority, means the member of the Housing Regulatory Authority and includes the Chairperson thereof; and, in relation to the Housing Appellate Tribunal, means the member of the Housing Appellate Tribunal and includes the Chairperson thereof; (v) "open space" means an area forming an integral part of a site left open to the sky; (w) "parking space" means an enclosed or unenclosed, covered or open area which is sufficient in size to park vehicles; (x) "prescribed" means prescribed by rules made under this Act; (y) "project" means a housing project under this Act; (z) "promoter" means a person, a developer or builder and includes a partnership firm or limited liability firm or any body or association of persons whether registered or not and who constructs or causes to be constructed a block or building of flats for the purpose of disposing of by sale or otherwise some or all of them to other person, or to a company, co-operative society or other association of persons, and includes his assignees, and where the person who builds and the person who disposes of are different persons, the term includes both; (za) "Registrar" means the Registrar as defined in the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) or as the case may be, in the Companies Act, 1956 (1 of 1956); (zb) "regulations" means the regulations made under section 52; (zc) "Schedule" means the Schedule appended to this Act; (zd) "to construct a block or building of flats" includes converting a building or part thereof into flats; (ze) "Township" means an area,- (i) where more than one layout is proposed or approved on any land; and (ii) where the land under development admeasures forty hectares or more at one place, continuous, unbroken and uninterrupted; (zf) "utility area" means dry balconies, flower beds, cupboard niches, elevation boxes, decks, pocket terraces, open spaces, and the like, within or attached to a flat.

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