Penalty for contravention of the provisions of CHAPTER IX-A and CHAPTER IX-B of the Act

(1) Save as provided in sections 38 and 39 of this Act, any person, other than a promoter, who constructs colony or building in contravention of the provisions of CHAPTER IX-A and CHAPTER IX-B of this Act and rules or regulations made thereunder, shall, on conviction, be punished with imprisonment which may extend to seven years or with fine which may extend to rupees ten lac or with both. (2) The fine imposed under this Act, shall be recovered as arrears of land revenue and out of the fine so recovered, the court may award such amount as he deems fit to the person from whom the advance or deposit was obtained by the promoter or the estate agent, as the case may be.