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The Chhattisgarh Prakoshtha Swamitva Adhiniyam, 1976
The Chhattisgarh Prakoshtha Swamitva Adhiniyam, 1976
Sections
1. Short title, extent and commencement.
Section 12. Application of Act.
Section 23. Definitions.
Section 34. Status of apartment.
Section 46. Common areas and facilities.
Section 67. Compliance with covenants, bye-laws, etc. and administrative provisions.
Section 78. Certain work prohibited.
Section 89. Encumbrances against apartments; removal from encumbrances effect of part payment.
Section 910. Common profits and expenses.
Section 1011. Contents of declaration.
Section 1112. Contents of Deeds of apartments.
Section 1213. Declarations, deeds of Apartments and copies of floor plans to be registered.
Section 1314. Removal from provision of this Act.
Section 1415. Removal no bar to subsequent resubmission of property to this Act.
Section 1516. Bye-laws, their contents.
Section 1617. Waiver of use of common areas and facilities; abandonment of apartment.
Section 1718. Separate Assessment.
Section 1819. Charge on property for common expenses.
Section 1920. Joint and several liability of vendor etc. for unpaid common expenses.
Section 2021. Insurance.
Section 2122. Disposition of property destruction or damage.
Section 2223. Action.
Section 2324. Act to be binding on apartment owners, tenants, etc.
Section 2425. Power to make rules.
Section 2526. Removal of doubts.
Section 2627. Amendment of Chhattisgarh Act (No. 3 of 1973).
Section 2728. Severability.
Section 2829. Repeal.
Section 29
the-chhattisgarh-prakoshtha-swamitva-adhiniyam-1976.json
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28 Sections
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Chhattisgarh
{
"id": 16150,
"slug": "the-chhattisgarh-prakoshtha-swamitva-adhiniyam-1976",
"title": "The Chhattisgarh Prakoshtha Swamitva Adhiniyam, 1976",
"short_title": "The Chhattisgarh Prakoshtha Swamitva Adhiniyam, 1976",
"act_number": "C.G. Act No. 17 of 1976",
"act_year": 1976,
"act_type": "STATE",
"location": "Chhattisgarh",
"law_status": "unknown",
"enactment_date": null,
"description": "The Chhattisgarh Prakoshtha Swamitva Adhiniyam, 1976",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 0
},
{
"number": "2",
"title": "2. Application of Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 1
},
{
"number": "3",
"title": "3. Definitions.",
"chapter": null,
"content": "(a) \"apartment\" means a part of the properly intended for any type of independent use including one or more rooms or enclosed spaces located on one or more floors (or part or parts thereof) in a building, [***] with a direct exit to a public street, road or highway or to a common area leading to such street, road or highway;\n(b) \"apartment owner\" means the person or persons owning an apartment and having an undivided interest in the common areas and facilities in the percentage specified and established in the declaration [and also includes a person purchasing an apartment on hire purchase basis under an agreement of hire purchase.]\n(c) \"apartment number\" means the number, letter or combination thereof designating the apartment in the declaration;\n(d) \"association of apartment owners\" means all of the apartment owners acting as a group in accordance with the bye-laws and declaration;\n(e) \"building\" means a building containing five or more apartments or two or more buildings, each containing two or more apartments, with a total of five or more apartments for all such building and comprising a part of the property;\n(f) \"common areas and facilities\" unless otherwise provided in the declaration or lawful amendments thereto, means-\n(i) the land on which the building is located;\n(ii) the foundations columns, girders, beams, supports, main walls, roofs, halls, corridors, lobbies, stairs, stair-ways, fire-escapes and entrances and exits of the building;\n(iii) the basements, cellars, yards, gardens, parking areas and storage spaces;\n(iv) the premises for the lodging of janitors or persons employed for the management of the property;\n(v) installation of central services, such as power, light, gas, hot and cold water, heating, refrigeration air conditioning and incinerating;\n(vi) the elevators, tanks, pumps, motors, fans compressors ducts and in general all apparatus and installations existing for common use;\n(vii) such community and commercial facilities as may be provided for in the declaration; and\n(viii) all other parts of the property necessary or convenient to its existence, maintenance and safety or normally in common use;\n(g) \"common expenses\" means-\n(i) all sums lawfully assessed against the apartment owners by the association of apartment owners;\n(ii) expenses of administration, maintenance, repair or replacement of the common areas and facilities;\n(iii) expenses agreed upon as common expenses by the association of apartment owners;\n(iv) expenses declared as common expenses by the provisions of this Act or by the declaration or the bye-laws;\n(h) \"common profits\" means the balance of all income, rents, profits and revenues from the common areas and facilities remaining after the deduction of the common expenses;\n(i) \"Competent Authority\" means in relation to buildings constructed or to be constructed by a Housing Board or a Company the Housing Commissioner, and in any other case the Registrar as defined in the Chhattisgarh Co-operative Societies Act, 1960 (No. 17 of 1961);\n(j) \"declaration\" means the instrument by which property is submitted to the provisions of this Act [as provided by Section 2] and such declaration as from time to time may be lawfully amended;\n(k) \"Housing Board\" means the Housing Board constituted under the Chhattisgarh Griha Nirman Mandal Adhiniyam, 1972 (No. 3 of 1973);\n(l) \"Housing Commissioner\" means the Housing Commissioner appointed as such under the Chhattisgarh Griha Nirman Mandal Adhiniyam, 1972 (No. 3 of 1973);\n(m) \"joint family\" means an Undivided Hindu Family and in the case of other person, a group or unit, the members of which are by custom joint in possession or residence;\n(n) \"limited common areas and facilities\" means those common areas and facilities designated in the declaration as reserved for use of certain apartment or apartments to the exclusion of the other apartments;\n(o) \"majority\" or \"majority of apartment owners\" means the apartment owners with 51 per cent or more of the votes in accordance with the percentages assigned in the declaration to the apartments for voting purposes;\n(p) \"person\" includes a joint family;\n[(q) \"property\" means the land; the building, all improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith, which have been, or are intended to be, submitted to the provisions of this Act.]",
"footnote": "",
"is_definition": true,
"sort_order": 2
},
{
"number": "4",
"title": "4. Status of apartment.",
"chapter": null,
"content": "[5. Ownership of apartments.",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "6",
"title": "6. Common areas and facilities.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "7",
"title": "7. Compliance with covenants, bye-laws, etc. and administrative provisions.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "8",
"title": "8. Certain work prohibited.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "9",
"title": "9. Encumbrances against apartments; removal from encumbrances effect of part payment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "10",
"title": "10. Common profits and expenses.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "11",
"title": "11. Contents of declaration.",
"chapter": null,
"content": "[(a) description and nature of title of the land on which the building or improvements are or are to be located;]\n(b) description of the building stating the number of storeys and basements the number of apartment and the principal materials of which it is or is to be constructed;\n(c) the apartment number of each apartment, and statement of its location, approximate area, number of rooms, and immediate common area to which it has access, and any other data necessary for its proper identification;\n(d) description of the common areas and facilities;\n(e) description of the limited common areas and facilities if any, stating to which apartments their use is reserved;\n(f) value of the property and of each apartment, and the percentage of undivided interest in the common areas and facilities appertaining to each apartment and its owner for all purposes, including voting; and a statement that the apartment and such percentage of undivided interest are not encumbered in any manner whatsoever on the date of the declaration;\n(g) statement of the purpose for which the building and each of the apartments are intended and restricted as to use;\n(h) the name of a person to receive service of process in the cases hereinafter provided, together with the residence or place of business of such person which shall be within the city, town or village in which the building is located;\n(i) provision as to the percentage of votes by the apartment owners which shall be determinative of whether to re-build, repair, restore or sell the property in the event of damage or destruction of all or part of the property;\n(j) any other details in connection with the property which the person executing the declaration may seem desirable to set forth consistent with this Act;\n(k) the method by which the declaration may be amended, consistent with the provisions of this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "12",
"title": "12. Contents of Deeds of apartments.",
"chapter": null,
"content": "(a) description of the land as provided in Section 11 or the post office address of the property, including in either case the liber, page and date of executing the declaration, the date and serial number of its registration, under the Registration Act, 1908 (No. 16 of 1908) and the date and other reference if any of its filing with the Competent Authority;\n(b) the apartment number of the apartment in the declaration and any other data necessary for its proper identification;\n(c) statement of the use for which the apartment is intended and restrictions on its use, if any;\n(d) the percentage of undivided interest appertaining to the apartment in the common areas and facilities;\n(e) any further details which the parties to the deed may deem desirable to set forth consistent with the declaration and this Act.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "13",
"title": "13. Declarations, deeds of Apartments and copies of floor plans to be registered.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "14",
"title": "14. Removal from provision of this Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "15",
"title": "15. Removal no bar to subsequent resubmission of property to this Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "16",
"title": "16. Bye-laws, their contents.",
"chapter": null,
"content": "(a) the election from among the apartment owners of a Board of Managers, the number of persons constituting the same, and that the terms of at least one third of the members of such Board shall expire annually; the powers and duties of the Board, the compensation, if any, of the member of the Board; the method of removal from office of members of the Board; and whether or not the Board may appoint a Secretary, a Manager or Managing Agent, and specifying which of the powers and duties granted to the Board by this Act or otherwise may be delegated by the Board to cither or both of them;\n(b) method of calling meeting of the apartment owners, what percentage if other than a majority of apartment owners, shall constitute a quorum;\n(c) election of President from among the members of the Board of Managers who shall preside over the meeting of such Board and of the association of apartment owners;\n(d) election of a Secretary who shall keep a minute book wherein resolutions shall be recorded;\n(e) election of a Treasurer who shall keep the financial records and books of accounts;\n(f) maintenance, repair and replacement of the common areas and facilities and payments therefor;\n(g) manner of collecting from the apartment owners their share of the common expenses;\n(h) designation and removal of persons employed for the maintenance, repair and replacement of the common areas and facilities;\n(i) the method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common areas and facilities;\n(j) such restrictions on the requirements respecting the use and maintenance of the apartments and the use of the common areas and facilities not set forth in the declaration as are designed to prevent unreasonable interference with the use of their respective apartments and of the common areas and facilities by the several apartment owners;\n(k) the percentage of the votes required to amend the bye-laws.\n(a) subject to the provisions of this Act, provision for regulating transfer or partition of any apartment and percentage of undivided interest in the common areas and facilities appurtenant to such apartment subject to such terms and conditions as may be specified in the bye-laws;\n(b) provisions enabling the Board of Managers to retain certain areas of the building and lease to non-resident for commercial purpose and for distribution of resulting proceeds to the apartment owners as income or application thereof in reduction of their common charges for maintaining the building;\n(c) any other provisions not inconsistent with the provisions of this Act relating to the audit and accounts and administration of the property and annual and special general meetings, annual report and the like.",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "17",
"title": "17. Waiver of use of common areas and facilities; abandonment of apartment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "18",
"title": "18. Separate Assessment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "19",
"title": "19. Charge on property for common expenses.",
"chapter": null,
"content": "Explanation :-",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "20",
"title": "20. Joint and several liability of vendor etc. for unpaid common expenses.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "21",
"title": "21. Insurance.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "22",
"title": "22. Disposition of property destruction or damage.",
"chapter": null,
"content": "(a) the property shall be deemed to be owned in common by the apartment owners;\n(b) the undivided interest in the property owned in common which shall appertain to each apartment owner shall be the percentage of the undivided interest previously owned by such owner in the common areas and facilities;\n(c) any encumbrances affecting any of the apartments shall he deemed to be transferred in accordance with the existing priority to the percentage of the undivided interest of the apartment owner in the property;\n(d) the property shall be subject to an action for partition at the suit of any apartment owner in which event the net proceeds of sale together with the net proceeds of the insurance on the property, if any, shall he considered as one fund and shall be divided among all the apartment owners in percentage equal to the percentage of undivided interest owned by each owner in the property after first paying out, all the respective shares of the apartment owners to the extent sufficient for the purpose and all charges on the undivided interest in the property owned by each apartment owner.",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "23",
"title": "23. Action.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "24",
"title": "24. Act to be binding on apartment owners, tenants, etc.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "25",
"title": "25. Power to make rules.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "26",
"title": "26. Removal of doubts.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "27",
"title": "27. Amendment of Chhattisgarh Act (No. 3 of 1973).",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "28",
"title": "28. Severability.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "29",
"title": "29. Repeal.",
"chapter": null,
"content": "Schedule\n( See Section 27)\nNo. and Year of enactment\nSubject or title\nExtent of amendment\n(1)\n(2)\n(3)\nNo. 3 of 1973\nThe Chhattisgarh Griha Nirman\n Mandal Adhiniyam, 1972\n(1) In Section 2- (a) after clause (1), the following\n clause shall be inserted, namely : - \"(1-A)\n \"apartment\" means an apartment within the meaning of\n the Chhattisgarh Prakoshtha Swamitva Adhiniyam, 1976. \"(b)\n in clause (4), after the words \"premises\" the words\n \"including any apartment thereof\" shall be\n inserted. (c) in clause (15), sub-clause (i) shall be\n renumbered as sub-clause (i-a) and before sub-clause (i-a) as so\n renumbered the following sub-clause shall be inserted, namely :\n - \"(i) any apartment\"; (d) after clause\n (17), the following clause shall be inserted, namely : - \"(17-a)\n \"Town and Country Development Authority\" means an\n authority established under Section 38 of the Chhattisgarh Nagar\n Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973).\" (2)\n In Section 33, after clause (g), the following clause shall be\n inserted, namely :- \"(gg) the sale of apartment in\n any building or buildings constructed by the Board on such terms\n and conditions as the Board may determine;\" (3) In\n Section 50, - (a) the words \"subject to any rules\n made by the State Government under this Act\" shall be\n omitted; (b) after the word \"building\", the\n words \"or any apartment therein\" shall be\n inserted; (4) In Section 55, in sub-section (1) in clause\n (a) after sub-clause (1), the following sub-clause shall be\n inserted, namely: - \"(i-a) committed or is committing\n any act contrary to the provisions of clause (o) of Section 108\n of the Transfer of Property Act, 1882 (No. IV of 1882) or to the\n provisions of the Chhattisgarh Prakoshtha Swamitva Adhiniyam,\n 1976 or any Declaration or Deed of Apartment or of the rules or\n bye-laws, executed or made thereunder.\"",
"footnote": "",
"is_definition": false,
"sort_order": 27
}
],
"metadata": {
"Act ID": "cg049",
"Act Number": "C.G. Act No. 17 of 1976",
"Enactment Date": "",
"Act Year": "1976",
"Short Title": "The Chhattisgarh Prakoshtha Swamitva Adhiniyam, 1976",
"Type": "STATE",
"Location": "Chhattisgarh"
},
"updated_at": "2026-09-29 21:55:19"
}