(1) “Allotee” means a member of a housing society to whom a plot of land or a site,
or a flat in a building or complex held by it, is allotted by the
co-operative society, or a person who has purchased a flat from the
developer or competent authority and joined as a Member of the
society;
(2) “Architect” means a person registered as an architect under the provisions of the
Architects Act, 1972;
(3) “Association of society” means an association of, —
(a) not less than five registered co-operative housing societies,
(b) in which the voting rights are so regulated that the Members which
are housing societies have not less than four-fifths of the total number
of votes in the general meeting of such society;
(4) “Auditor” means a person or an auditing firm who or which has been empanelled on
the panel approved by the State Government under sub-section (1) of
section 81;
(5) “Builder promoter” means, —
(i) a person who constructs or causes to be constructed an independent
building or a building consisting of flats, or converts an existing
building or a part thereof into flats including the re- development of
building or buildings, for the purpose of selling all or some of the flats
to other persons and includes his assignees; or
(ii) a person who develops land into a project, whether or not the person
also constructs structures on any of the plots, for the purpose of selling
to other persons all or some of the plots in the said project, whether
with or without structures thereon; or
(iii) any development authority or any other public body in respect of
allottees of, —
(a) buildings or flats, as the case may be, constructed by such authority
or body on
lands owned by it or placed at its disposal by the Government ;
or
(b) plots owned by such authority or body or placed at its disposal by
the
Government, for the
purpose of selling all or some of the flats or plots; or
(iv) an apex State level co-operative housing finance society and a
primary co-operative housing society which constructs flats or buildings
for its Members or in respect of the allottees of such flats or buildings;
or
(v) any other person who acts himself as a builder, coloniser,
contractor, developer, estate developer or by any other name or claims to
be acting as the holder of a power of attorney from the owner of the land
on which the building or flat is constructed or plot is developed for
sale; or
(vi) such other person who constructs any building or apartment for sale
to the general public;
(6) “Chief Promoter” means a promoter who has been elected so in the meeting of promoters for registration of a housing or premises society;
(7) “Corpus Fund” means payment received or receivable by the society from the developer
in lieu of surrendering its development rights of plot by way of
registered document or contributed by Members for any purpose as decided
in general meeting;
(8) “Co-operative Housing Association” means association of housing societies or other legal bodies for the
purpose of maintenance of common amenities or conveyance of land and
common amenities in respect of plot or layout;
(9) “Committee” means the managing Committee or other governing body of a society to
which the direction and control of the management of the affairs of a
society is entrusted to;
(10) “Committee Member” means a Member of the society who has been elected or co-opted or
nominated in accordance with this Act, rules and bye-laws of the
society;
(11) “Defaulter” means a Member or flat owner or occupier who fails to pay the dues of
the society within three months from the date of service of bill or notice
or due date of payment, whichever is later;
(12) “Dues” means the amount payable by a Member or flat owner to the society and
demanded by the society by issuing bill or notice in writing and such
demand is based on the provisions of this Act, rules and bye-laws of the
society;
(13) “Flat” means block, chamber, dwelling unit, apartment, office, showroom, shop,
godown, premises, suit, tenement, unit or by any other name, means a
separate and self-contained part of any immovable property, including one
or more rooms or enclosed spaces, located on one or more floors or any
part thereof, in building or on a plot of land, used or intended to be
used for any residential or commercial use such as residence, office,
shop, showroom or godown or for carrying on any business, occupation,
profession or trade, or for any other type of use ancillary to the purpose
specified ;
(14) “General Body” means all the Members of the society;
(15) “General Meeting” means meeting of General Body called and conducted in view of the
provisions of this Act, rules and bye-laws;
(16) “Housing Federation” means the State or District Federal Society notified by the Government
in the Official Gazette to be the representative of the registered Housing
Societies of the specified areas notified by the Government, from time to
time;
(17) “Housing Society” means a society, the object of which is to provide its Members with
open plots for housing, dwelling houses or flats; or if open plots, the
dwelling houses or flats are already acquired, to provide its Members
common amenities and services and to demolish existing buildings and
reconstruct or to construct additional tenements or premises by using
potential of the land;
(a) “tenant ownership housing society” means a society the object of which is to allot the plots to its
Members to construct the dwelling unit or flats thereon or to allot the
dwelling units already constructed and where land is held either on lease
hold or free hold basis by the society and houses are owned or to be owned
by the Members ;
(b) “tenant co-partnership housing society” means a society the object of which is to allot the flats already
constructed or to be constructed to its Members and where both land and
building or buildings are held either on free-hold or lease-hold basis by
the society; and
(c) “other housing societies” means the house mortgage co- operative societies, house construction
co-operative housing societies and premises co-operative societies where
all the units are offices or commercial galas;
(18)“Member” means a person joining in an application for the registration of a
housing society which is subsequently registered, or a person duly
admitted to Membership of a society after its registration and includes
associate or joint or provisional Member ;
(a) “Associate Member” means husband, wife, father, mother, brother, sister, son, daughter,
son-in-law, daughter-in-law, nephew, niece a person duly admitted to
Membership of a housing society on written recommendation of a Member to
exercise his rights and duties with his written prior consent and whose
name does not stand in the share certificate;
(b) “Joint Member” means a person joining in an application for the registration of a
housing society jointly, which is subsequently registered or a person who
is duly admitted to Membership after its registration and who holds share,
right, title and interest in the flat jointly but whose name does not
stand first in the share certificate;
(c) “Provisional Member” means a person who is duly admitted as a Member of a society
temporarily after death of a Member on the basis of nomination till the
admission of legal heir or heirs as the Member of the society in place of
deceased Member ;
(i) an individual, who is competent to contract under the Indian Contract
Act, 1872,
(ii) the State Government,
(iii) the Central Government,
(iv) a Hindu Undivided Family,
(v) a company registered under the law for the time being in force,
(vi) a firm registered under the Indian Partnership Act, 1932 or the
Limited Liability Partnership Act, 2008,
(vii) local authority,
(viii) an association of persons or body of individuals whether
incorporated or not,
(ix) a co-operative society registered under any law relating to
co-operatives,
(x) a public trust or family trust formed in accordance with a relevant
provision of law,
(xi) any legal body which can hold the immovable property, and
(xii) any entity as may be notified by the State Government, from time to
time;
(22) “Promoter” means a person intending to become a Member of a proposed society and
who becomes the Member on its registration
(23) “Proposed society” means the society the proposal of which is submitted by the builder
promoter or by the chief promoter to the Registrar and which has been
granted permission for reservation of name and opening account in bank in
its name
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