section 23
Penalties
The Orissa Apartment Ownership Act, 1982General198226 sections
Statutory text
- (1) If the owner of any apartment which is subject to the provisions of this Act, contravenes-
- (a) any of the provisions of section 9 or section 10;
- (b) any bye-law that may be framed;
- (c) any covenant, condition or restriction setforth in the Declaration to which he is subject or is a party; he shall, at the instance of the Manager or the Board of Managers on behalf of the Association of the Apartment owners, or an aggrieved apartment owner or in a proper case of the Competent Authority, on conviction before a Magistrate, be liable to a fine which may extend to five thousand rupees and in case of continuing contravention, to an additional fine which may extend to rupees fifty for every day during which such contravention continues after the conviction;
- (2) Any contravention punishable under sub-section
- (1) may, where the prosecution lies or is instituted at the instance of or by the Manager or the Board of Managers on behalf of the Association of the apartment owners, or the Competent Authority; be compounded by such Association or the Competent Authority, as the case may be, either before or after institution of the prosecution, on payment of, for credit to the fund of the Association, such sum as it may think fit.
- (3) The provisions of this section shall be without prejudice to those of section 8, section 20 and section 21.
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