CHAPTER VIII: PENALTY AND PROCEDURE

 

  1. PENALTY: (1) If a person contravenes any provision of this Act, or any rules or regulations made under this Act, he shall, if no other penalty is provided for such contravention, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two hundred thousand rupees or with both.

(2)  The Magistrate competent to try an offence under subsection (1) may try the offence in a summary manner in accordance with the provisions of sections 260 to 265 of the Code of Criminal Procedure, 1898 (V of 1898.

  1. PENALTY AGAINST SPONSORS: The Authority, beside other steps, shall impose the fine mentioned below on the sponsor, if he continues to develop the scheme without approval of layout plan and scheme plan or fails to develop the scheme or sub-division of the scheme after approval of plan within the stipulated period–

(a)  five thousand rupees per day till the default continues in respect of the schemes having area up to 300 kanals;

(b)  ten thousand rupees per day till the default continues in respect of the schemes having an area more than 300 kanals but up to 500 kanals;

(c)  fifteen thousand rupees per day till the default continues for the schemes having an area more than 500 kanals but up to 1000 kanals; and

(d) twenty thousand rupees per day till the default continues for schemes having an area more than 1000 kanals.

34A.    EXTENSION IN TIME: If a sponsor fails to complete the development work within the given time owing to reasons beyond his control, the Authority may, after recording reasons, once extend the period for completion of the development work up to two years on payment of penalty of ten thousand rupees per kanal per year or part of it, of the total area of the scheme.

34B.    CANCELLATION OF APPROVED SCHEME: (1) In case a sponsor is unable to develop or complete an approved scheme, he may apply to the Authority for the cancellation of the scheme subject to the condition that he has not sold any plot in the scheme and provides such surety as the Authority deems appropriate.

(2)  Subject to the conditions mentioned in subsection (1), the Authority may cancel the scheme on payment of all the outstanding dues including fine, and value of fifty percent of the public building sites transferred or liable to be transferred to the Authority.

(3)  The approved evaluator of the Authority shall, in the prescribed manner, assess the value of land under subsection (2).

(4)  Nothing in this section shall be construed to absolve the sponsor from satisfying any claim of a third person arising out of the cancellation of the approved plan or scheme.

(5)  A sponsor of an approved plan or scheme may hand over or transfer the approved plan or scheme to another sponsor after obtaining a no objection certificate from the Authority in the prescribed manner.

  1. OFFENCES AND COGNIZANCE:(1) If a person commits an offence specified in:

(a)  Part-A of Second Schedule, such person shall be liable to imprisonment for a term which may extend to seven years or fine which may extend to five hundred thousand rupees or with both and where an accused was directed by the Authority for immediate discontinuance of the offence, the Court may impose a further fine which may extend to fifty thousand rupees for every day for the period the accused has persisted in the offence from the date of its commission; and

(b)  Part-B of Second Schedule, he shall be liable to imprisonment for a term which may extend to three years or fine which may extend to one hundred thousand rupees or with both and where an accused was directed by the Authority for immediate discontinuance of the offence, the Court may impose a further fine which may extend to ten thousand rupees for every day for the period the accused has persisted in the offence from the date of its commission.

(2)  An offence punishable under subsection (1) shall be cognizable on a complaint in writing of an officer authorized by the Authority to the officer incharge of the police station.