Keyword(s):
Apartment, Apartment Number, Apartment Owner, Association of Apartment
Owners, Building, Common Area and Facilities, Common Expenses, Common
Profits, Joint Family, Limited Common Areas and Facilities, Majority, Person,
Property
ANACT TO MAKE PROVISION FOR OWNBRSHlP OF AN INDIVIDUAL APARThIENT
AND FOR MATTERS INCIDBNTAL TEERETO.
BE it enacted by the Legislature of the State of Orism in thc Thirty-third
Yar ofthe Republic of India, as follows :-
Short t~tfc.
Htcnt find 1. (I) This Act may bc dedthe Orissa Apartment Omncrship Act, 1982.
commenct-
mant.
(2) It extends to the whole of the State of Orissa.
(3) This section shall come into force at once, and the remaining provisions
of this Act shall come into force in such areas, and on such dates as the Sate
Government may, by notihation, appoint and different dates may be appoilrtcd t in
respect of dierent areas.
Application ‘
of the Act.
- All buildings mainly used or proposed to be used for rcsidcnce, office,
business or
pnctice of any profession or for carrying an any occupation, trade or
fbI any other type oT independent usc shall be governed by the provisions of th~s
Act and the sole owner or all the owners of buch building shall duly cxecutc and
register a declaration setting out the particulars rcfercd to in sectlon I2 :
Provided that ,the provisions of this Act shall no1 apply’to propcrty usc? for
purposes of holding office or other wisc of a Department of Government or of a
Govennmcnt Undertaking or whe~ethe property is owned and uscd by rhc owner
hieKor for letting it out to others.
rnflnltbrn. 3. In this Act, unless the context otherwise requires,-
(a) “apartment” means the part of a property intended for any type of
independent use including onc or more rooms or enclosed spacc locatcd on
one or more ffoors (or part or parts thereof) in a building intendcd to bc
used for res~dence,office, practice of any proression or for cartying on
any occupation, trade or business or For any other type of independent uhe
and with a’dimt exit to a pubIic street, road or Ilighway or to a
common area leading to such btreet, ~oador highway;
,
“apartment number” mmns the number, lcttcr or combination thereof
desigmting the ament in thc Dechtion ;
(c)’bpartment owner*’means the person 01 persons owning an kpwtment
., and an undivided interest in the common areas and facilities in the
percentage specified and establishcd In the Dcclaration;
, apartments ;
, .:
(4 4’Asgociation of Apartment Owners” meam an association of apartment
owners formed and acting as a group in accordancc with the provisions
made in the byc-laws and the declaration ;
Cf) “common area and fscilitia” unless otherwise provided in the Declaration
or in !awful amendments thcreto, includes– ,
(e) “building” means a multi-staricd building containing two or more
: . *For Statement of Objmt B and reahons saeOrbso Gmette fitr~ordinary,datcd thc &ih March
1982 (No. 392) for Sclcct Commhttce reporl 3pc Orissa Gazetre Extraordinary, dnlcd Ihc 23rd
Seplcmbtr, 1982 (1382).THEORLSSA APARTMENT OWNERSHIP Am, 1982
[.OrissaAct 3:of 1984 ]
ti)-the land on .which the building Is .located and all easements, rigbto
and appurtenances betonging to the land and the buiIding ;
. (ii) foundations, columns, .girdem, beams, suppork, @n walls,
roofs,. balls, corridors, lobbies, btahs, stair – ways, he-ebebpes and
!, :’ ‘
enkances and exih of the building ;
(iio the basked,,~eb,yards, gardens, ;l par-
schooIs, garrages and storeage spaces ;
-S, I lbopping – :mas,
,,
(iv) the premises for the lodging of jointon or p&scras employed for – ,
the maqag~ent.of the property ;.
,, ,
, rn
.
,
.
,
,
,:(Q) installation .of common seniws, such as imwer, :light, e,, hot and … .. .,<. \vf) elevators, tanks, Pumps, rn~ters,ampressdh, !pig&” end dads und in genethl aU apartus ana installations existing for common use; cold.wate1, ~heatiag,,iefrigalian, airanditioang, . . “,&aage; maintenance and safcty, or normally in commonuse ; (plr) such othei ,community.and , commercial facilities-hidy,beqeci@ provided fqr : ,inthe Declaralion; and (vlir) all othet parts of ‘the property neccsary or convenihit td itjlcxhtw ..I. deduction of the common expenses ; (0 all sums lawfully assessed agaimtlthc ,apartment ownem by’ ,the Association of Apartment owners or by the Compctcnt Authority ; (il)expenses of admi~ustratioamaintemnce,repair or rrplaccrnent of the coq,o,n.areas, and f&ciliges; (110 expcnscs agreed upon as oommon expenses by,the I Assodation of Apartment owners ; – (1~).expenses .declared,RJ common expenses :by .the provisbi of this Act or .bythe,Declaration or the:by&ws ,,i- , , (h) “-on profits’ mqns the balance of all ‘aincgmt, ‘rents,’ profits and revenues Irom .the common weas :and., facilities .remataing after the I ! .’ .< :I it .’-, , U) “Dcclaratiod’ means the instrumentJby which the property is submitted to thc provisions o .thc Act, and such Dec1aptio.pas fr0.m,$,geto tirnc may .(a.”Competent.Authority!r’,memuG:inm.relatilrn’,to buil’diiy, constructed or to bt con staucted by -a~Housing !Board, .Improvement’lvTrust,Development Authority or a Company, such ofKcer not below the rank of ,a,Deputy Colleator as.may lbe,appointed by,the State Gover,nmeat’ by notification; be hwfully amend’Id; ,&I.’Y,ojptfwily’.’,,meansan,,u,n~l;vldcd.EIindwfamily., ad,h,-,thec.we of 01hcr persons, a group .or.,,unit, the. member+:. ,p€,,~bi~, !~eiiby, custom joint in possession’ or residence; 0) ”limited ammon nra and facilities” means thosa~~ca_mnlon~ am.and ‘heitties which..may.bk . dnignated in the ,DtIqn ,as* rtsewed for
useofcertain apartment or apartmentsto the exclu
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