Definitions

In this Act unless there is anything repugnant it the subject or context.-

(1) "adjoining area" means such area as may be specified to be and adjoining area under section 29:

(2) "appointed day" in relation to any area. Means the day on which this Act comes into force in that area:

(3) "Board" the Bihar State Housing Board constituted under section 3;

(4) "Board premises" means any premises belonging to or vesting in, the Board or taken on lease by the Board or any premises which is entrusted to the Board under this Act for management and use for the purposes of this Act;

(5) "building" means house, outhouse, stable ,shed, hut (other than a hut made of mud appurtenant to or situated in a cultivated field in any area outside the limit of a city municipality, town area or notified area) or other enclosure or structure, whether or masonry, bricks, wood, mud, metal or any other material whatsoever, and whether used as a human dwelling or other wise and includes any veranda, platform plinth, staircase, doorstep or wall including compound wall other than a boundary wall of a garden or of agricultural land not appurtenant to a house but does not include a tent or other such portable temporary shelter; (4) "Board premises" means any premises belonging to or vesting in, the Board or taken on lease by the Board or any premises which is entrusted to the Board under this Act for management and use for the purposes of this Act; (5) "building" means house, outhouse, stable ,shed, hut (other than a hut made of mud appurtenant to or situated in a cultivated field in any area outside the limit of a city municipality, town area or notified area) or other enclosure or structure, whether or masonry, bricks, wood, mud, metal or any other material whatsoever, and whether used as a human dwelling or other wise and includes any veranda, platform plinth, staircase, doorstep or wall including compound wall other than a boundary wall of a garden or of agricultural land not appurtenant to a house but does not include a tent or other such portable temporary shelter; (6) "building materials" means such commodities or articles as are specified to be building materials for the purposes of this Act by the State Government by notification in the official Gazette: (7) "bye-laws" means bye-laws made under Section 116; (8) "Chairman" Means the Chairman of the Board" (9) "Managing Director "Means the Managing Director of the Board: (10) "Committee" means any committee appointed under section 13; (11) "competent authority" means any person or authority authorised by the Government by notification to perform the functions of the competent authority under Chapter IX for such area as may be specified in the notification; (12) "Government" means the State Government; (13) "housing or improvement scheme "means a scheme framed under this Act and includes any one of the types of schemes referred to in section 28; (14) "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth" (15) "member" means the member of the Board, and includes the Chairman of the Board; (16) "municipality" means any area to which the Bihar and Orissa Municipal Act, 1922(B. &O. Act VII of 1922) applied and includes any area comprised within the limits of a municipal corporation established and constituted under any law for the time being in force and a notified area constituted under XIV of the Bihar and Orissa Municipal Act, 1922 (B.& O. Act VII of 1922) Explanation.----- A municipality includes a notified area constituted under chapter XIV of The Bihar and Orissa Municipal Act, 1922 (B. & O. Act VII of 1922). (17) "owner" includes the person for the time being receiving or entitled to receive, whether on his own account or as agent trustee, guardian, manager or receiver for another person or for any religious or charitable purpose the rents or profits of the property in connection with which the word is used; (18) "premises" means any land or building or part of a building and includes- (1) the garden, grounds and outhouses, if any appurtaining to such building or part of a building 1. The garden, grounds and outhouses, if any appurtaining to such building or part of building. 2. any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof ; and 3. roadside land adjoining park, garden, roads, drains, water lines, sewer lines or area or vacant plot adjoining thereto; (19) "prescribed' means prescribed by rules made under this Act; (20) "regulations" means the regulations made under this Act; (21) "rules" means the rules made under this Act; (22) "secretary" means the person for the time being appointed by the state Government to discharge the function of the secretary to the Board; (23) "state" means the State of Bihar (24) "tribunal" means the tribunal constituted under section 52; (25) "unit" means a Housing unit established under section 21; (26) "year" means the financial year; and (27) Excepting clauses (6) and (17) references to a "city" or "municipality" shall be construed as including references to areas lying within a distance of five kilometres beyond the limits of such city or municipality. In these regulations, unless there is anything inconsistent with the context or meaning,- (i) "Allotment letter" means a letter in such form as may be prescribed by the Board from time to time making allotment of a particular property to an applicant. (ii)"Applicant" means a person who has sent an property has been allotted by way of sale. (iii) " Application" means a person who has sent an application putting his signature or affixing his thumb impression thereon along with the prescribed papers. (iv) "Application" means an application made in such form and manner as may be prescribed by the Board from time to time. (v) " Application Register" means a register in which application in response to public notice are entered in the order in which they have been received. (vi) "Application Register" means a register in which application in response to public notice are entered in the order in which they have been received. (vii) " common Portions" means those portions of the plot or premises which are in common use and include the land, gateway, enclosure compound walls, park, open ground, passages, corridors, staircases fitting, fixture, lift if any installation where for water-supply or drainage or lighting or any other purpose and all such facilities which are used or intended to be used in common. (viii) "common services" in relation to common portions means the services which are rendered for maintenance, running, keeping in good condition and control those common portions, use whereof shall be regulated by the Housing Board or such agency set up by the Bo0ard on such terms as they may specify with the prior approval of Government. (ix) " conveyance Deed" means an agreement in the prescribed form between the Board and the allottee or hirer or the housing estate agency as the case may be, by which the title in the property is transferred to the allottee or hirer or the Housing Estate Agency or the terms and conditions specified in the said agreement. (x) "Deposit" means the Initial amount payable by an applicant for securing a property which shall be non-interest bearing. (xi) "Disposal price" or "Hire-purchase price" in relation to a property means such price as may be fixed by the Board for such property or as may be determined by auction. (xii) "documentation charges" in relation to document or documents made in pursuance of those regulation means all charges such as stamps charges, Registration charges, writing charges and plan charges and such other charges as may be prescribed by the Board. (xiii)"Dwelling unit" means a building or a part thereof which is used or is intended to be used by a family for habitation. (xiv)"eligible person" means a person who is entitled to the purchase of a property in accordance with the provisions of the scheme and these regulations. (xv) "flat" means a portion of building which can be delineated with definite outline on plan and which can be definitely market on site, and which is a dwelling unit. (xvi) "Ground rent" in relation to a plot of land means the payment to be made by the lessee of the plot to the board as lessor. (xvii)"hire-purchases person" means such period as may be specified for continuance of a tenancy. (xviii) " Hirer" means a person who has participated in the hire-purchase system and who has signed the hire-purchase tenancy agreement. (xix) "hire-purchase" or "Hire-purchase System means a system in which a participant takes step to severe rights in a property under a scheme by payment of deposit and also a specified number of monthly instalments sprees over a specified number of years, during which he remains a tenant on the term and conditions set for the purpose and on the expiry of the said year ceases to be tenant and becomes owner after payment of all dues. (xx) " Hire-purchase Tenancy Agreement" means an agreement between the Board and participant in the form prescribed in this regulation for disposal of property under the hire- purchase system. (xxi) " Housing Estate " means a group of houses build by the Board for dwelling purposes and may comprise all or any of the following namely: (a) Dwelling units, (b) Land under and appurtenant to such dwelling units, (c) Roads and paths, sewers, storm water drains, water supply and sanitary installation, street lighting and other similar amenities, (d) Open spaces intended for recreation and ventilation, (e) Shopping, school, community hall or other amenity for common use. (xxii) "Managing Director" means Managing Director of the Board. (xxiii) "Nominee" means a person who has been nominated by the hirer to be the hirer and to be the person to whom rights and liabilities in the property shall be passed on in the event of his demise or similar contingencies. (xxiv) "Property" means a plot of land a dwelling unit a flat or other structure whether grouped under the scheme of the Board or otherwise and includes common portions and common services. (xxvi) " Allotment committee" means a committee constituted under these regulations. (xxvii) Property circumstances" includes the nature and conditions of the building and premises the type and the nature of construction specification adopted therefore, material used and the workmanship, stability or durability of the structure, the type of accommodation, pattern of installation, fittings, fixtures and other amenities in all such other things that constituted the property as they exit in the building for premises concerned. (xxviii) " Scheme" means a scheme prepared by the Board for one or more Housing States. (xxix) "Service charges" means the amount which the allottee or hirer has to pay as a monthly charge for the maintenance of common portion and common services. (xxx) " Tenancy Stipulations" in relations to a hirer means the stipulations for the tenancy prescribed under these regulations