Competent Authority and its powers and functions

(1)The State Government may, by notification, appoint one or more officers, not below the rank of Deputy Collector, as the Competent Authority to exercise the powers conferred on it and to perform the functions within the local limit as assigned to it under this Act. (2) The Competent Authority shall have the following powers, namely:– (a) on a complaint, or suo motu, call upon any promoter or association of allottees or apartment owner to furnish in writing such information and explanation, and if he considers necessary, hold an inquiry or direct any person to hold an inquiry into the affairs of the project including constitution, working and financial condition of the association of allottees; (b) at any time, but at reasonable hours, without notice enter into any apartment and property appurtenant thereto in order to satisfy himself as to whether any provision of this Act or the bye-laws has been complied or not; (c) to issue direction and pass orders consistent with the provisions of this Act and rules; (d) to hear appeal preferred under sub-section (2) of Section 21;and (e) to exercise such powers as may be prescribed. (3) The Competent Authority shall have the following functions, namely:― (a) register the association of allottees along with bye-laws on receipt of such application from the promoters, allottees or apartment owners, as the case may be; (b) scrutinize and maintain register of the declarations as per section 9 including amendment thereto; (c) approve the amendment to bye-laws as provided under sub-section (4) of Section 16; (d) ensure compliance by promoter and association of allottees , the provisions of this Act, rules and the bye-laws by issuing suitable direction; (e) resolve any other dispute which may arise under the provisions of this Act, rules and the bye-laws; and (f) to perform any other functions as may be prescribed. (4) The Competent Authority shall, for the purpose of its powers and functions under this Act have the same power as are vested in a civil court under the Code of Civil Procedure, 1908 while trying a suit, in respect of the following matters, namely :─ (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents ; (c) issuing commissions for examination of witness; and (d) any other matter which may be prescribed; (5) all proceedings before the Competent Authority shall be deemed to be judicial proceedings within the meaning of Section 193 and Section 228 and for the purpose of Section 196 of the Indian Penal Code, 1860 and the Competent Authority shall be deemed to be a civil court for the purpose of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.