Offence committed by Companies

28. Offences - Any promoter or owner of the apartment who without reasonable excuse fails to comply with or contravenes any provisions of section 4, section 5, section 6, section 7, section 24, section 25, or section 27 shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to fifty thousand rupees, or with both. 29. Offence committed by Companies - (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing containing in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation - For the purposes of this Section,- (a) "Company" means anybody corporate and includes a firm or other association of individuals; and (b) "Director", in relation to a firm, means a partner in the firm. 30. Indemnity - No suit, prosecution or other legal proceeding shall lie against the Government or any officer or other employee of the Government in respect of anything which is in good faith done or intended to be done by or under this act. 31. Act to be binding on apartment owners, tenants, etc., - (1) All apartment owners, their tenants and employees or any other person that may in any manner use the property or any part thereof submitted to the provisions of Chapter III shall be subject to this Act, and to the Declaration and bye-laws of the association of the apartment owners. (2) All agreements, decisions, and determinations lawfully made by the association of apartment owners in accordance with the voting percentage specified in the Declaration or bye-laws shall be deemed to be binding on all the apartment owners. 32. Act to override other laws - The provisions of the Transfer of Property Act, 1882 (Central Act 4 of 1882), shall in so far as they are not inconsistent with the provisions of this Act apply to every apartment together with its undivided interest in the common areas and facilities appurtenant to such apartment as those provisions apply in relation to any immovable property, and the provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law. 33. Power to make rules - (1) The Government may, by notification, make rules for carrying out all or any of the purposes of this Act. (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislative Assembly of the State if it is in session and if it is not in session, in the session immediately following, for a total period of fourteen days which may be comprised in one session, or in two successive sessions and if before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule, or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified, have effected only in such modified form or shall stand annulled, as the case may be; so however, that any such modification or annulment/shall be without prejudice to the validity of anything previously done under that rule. 34. Power to remove difficulties - If any difficulty arises in giving effect to the provisions of this Act, the Government may, by general or special order, published in the Andhra Pradesh Gazette, make such provisions not inconsistent with the provisions of this Act as appear to them to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after the expiration of two years from the commencement of this Act. 35. Act not to apply to Housing Board - Nothing in this Act shall apply to the Andhra Pradesh Housing Board constituted under the Andhra Pradesh Housing Board Act, 1956 (Act 46 of 1956).