Andhra Pradesh Industrial Corridor Development Act, 2017
Chapter V OFFENCES AND PROSECUTION
Chapter V OFFENCES AND PROSECUTION
11. Penalty for sale, lease or booking in an unauthorized scheme or project
(1) No developer of any project in the Industrial corridor/Node
shall invite the public directly or indirectly for sale, lease, or booking of any part of its scheme or project unless the developer has, before the launch of the scheme or project, obtained permission in this behalf from the Authority in the manner prescribed by the regulations;
- (2) Whoever invites or induces any person for sale, lease or booking of any part in a scheme or project not having permission under sub-section (1) from the Authority shall, on conviction, be punished with financial / legal penalty as laid down in regulations of the Authority;
- (3) If any person contravenes any of the provisions of this Act for which no penalty has been expressly provided for, the person shall be punishable with fine not exceeding Rs.10,000/- or to imprisonment for a term not exceeding six months or with both;
- (4) No court shall take cognizance of any offence punishable under
this Act except on complaint in writing made by the Commissioner or any
officer authority by the Commissioner in this behalf and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any such offence.
Chapter V OFFENCES AND PROSECUTION
12. Power to stop unauthorized development or construction in an
Industrial corridor.- (1) Where any unauthorized development or construction on any land in a Node is being carried out but has not been completed, the Authority may serve on the owner and the person carrying out the development or construction, a notice requiring the development of land or construction to be discontinued from the time of service of the notice.;
- (2) Any person, who continues to carry out the unauthorized development or construction on such land, whether for himself or on behalf of the owner or any other person, after such notice has been served, shall, on conviction, be punished with financial penalty, as laid down in regulations of the Authority;
- (3) Notwithstanding anything contained in this Act, where any person continues to carry out unauthorized development or construction after receiving notice under sub-section (1), the Commissioner or any officer authorized by Authority in this behalf shall, in addition to any prosecution or other proceedings or action that may be initiated under this Act, have the power to require any police officer to remove the unauthorized development or construction from the place of unauthorized development or construction within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly. In addition to such removal of persons, the Commissioner or the authorized officer of the Authority may confiscate such construction material including the equipment, tools, vehicles, etc. which such person was using for the unauthorized development or construction;
- (4) No compensation shall be claimed by any person for any damage which he may sustain in consequence of the discontinuation of the unauthorized development or construction under this Act.
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