THE HARYANA APARTMENT OWNERSHIP ACT ( as it is )
source http://tcpharyana.gov.in
Received the assent of the Governor of Haryana on 26th September, 1983, and was published in the Haryana Gazette. (Extra), Legislative Supplement, Part I, dated September 28, 1983/ Asvina 6, 1905
An Act to provide for the ownership of an individual apartment in a building and to make such apartment heritable and transferable property and matters connected therewith.
STATEMENT OF OBJECTS AND REASONS
Housing is a basic human necessity and the quality of the house as well as of its environment plays an important role in the growth of individuals, both physically and mentally. One of the root cause, of the present day discontent and unrest in the working force as well as the students, in our society, is the lack of proper quality of life and the living environment in the settlements. The widening gap between the rising population and the housing stock added every year has gradually reached such a critical stage that the problem of providing proper shelter and desirable standard of living seems to be beyond solution. The efforts made by the Government as well as different agencies have not made much dent into the problem.
Haryana is predominantly an agricultural State, it is not advisable to use fertile lands more and more for housing purposes which ultimately will tell upon the production of foodgrain. It is essential that for solving the housing problem economy in the use of land as well as in the use of Capital Investment should be observed, for which Group Housing will have to be promoted. Therefore, for the promotion of Group Housing will have to be promoted. Therefore, for he promotion of Group Housing, it is necessary that the State should have some statute to control the building activities as well the ownership right.
Be it enacted by the Legislature of the State of Haryana in the Thirty-fourth Year of the Republic of India as follows:-
1.Short title and commencement-
(1)This Act may be called the Haryana Apartment Ownership Act, 1983.
(2)It extends to The whole of the State of Haryana.
(3)This Act shall come into force in such areas and on such dates as the State Government may, by notification, appoint and different dates may be appointed for different areas.
2.Application of Act.-
The provisions of this Act shall apply to every apartment lawfully constructed for residential purposes, integrated commercial complexes, flatted factories, Information Technology Industrial Unit, Cyber Park and Cyber City for the purpose of transfer of ownership of an individual apartment in a building whether constructed before or after the commencement of this Act. In case of licences issued under the Haryana Development and Regulation of Urban Areas Act, 1975 ( 8 of 1975 ), the owner of such property/building shall duly execute and get registered a declaration within a period of ninety days after obtaining part completion/completion certificate under the rules framed under the Haryana Development and Regulation of Urban Areas Act, 1975 (8 of 1975) , or occupation certificate under the rules framed under the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (41 of 1963), whichever is earlier, in case of property/building falling in the area developed by the Haryana Urban Development Authority, the owner of such property/building shall duly execute and get registered a declaration within a period of ninety days after obtaining occupation certificate of the building under regulations framed under the Haryana Urban Development Authority Act 1977 ( 13 of 1977) . In case of property/building where the owner has already obtained part completion/completion certificate or occupation certificate under the rules and regulations framed under the said Acts, the period of ninety days shall take effect from the commencement of this Act.
Explanation. – For the purpose of this section “Information Technology Industrial Units”, “Cyber Park” and “Cyber City” shall have the same meaning as assigned to them in the Zoning Regulations of Development Plans of various cities published under Section 5 of the Punjab Scheduled Roads and Controlled Areas Restrictions of Unregulated Development Act, 1963, ( 41 of 1963), }