Chapter X Offences and Prosecution

1. (1) No Developer of any scheme or project in the Special Investment Region 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 Regional Development Authority in the manner prescribed by the regulations.
2. (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 Regional Development Authority shall, on conviction, be punished with simple imprisonment which may extend to five years or with fine which may extend to one lac rupees or with both.

1. (1) Whoever makes any encroachment on any land or building vested in a Regional Development Authority or on any land or building not being a private property, whether such land or building belongs to or vests in the Regional Development Authority or not, shall, on conviction, be punished with simple imprisonment which shall not be less than one month but which may extend to one year or with fine which shall not be less than ten thousand rupees but which may extend to one lac rupees or with both.
2. (2) Whoever makes any obstruction upon any land or building vesting with a Regional Development Authority or upon any land or building not being a private property, whether such land or building belongs to or vests in the Regional Development Authority or not, not being duly authorized in that behalf, shall, on conviction, be punished with simple imprisonment which shall not be less than one month but which may extend to two months or with fine which shall not be less than ten thousand rupees but which may extend to one lac rupees or with both.
3. (3) A Regional Development Authority or any officer authorized by it in this behalf shall have the power to remove any such obstruction or encroachment and the expenses of such removal shall be recovered from the person who has caused the said obstruction or encroachment.
4. (4) Whoever not being duly authorized in that behalf removes earth, sand or other material from any land not being a private land, shall, on conviction, be punished with imprisonment which may extend to six months or with fine which shall not be less than five thousand rupees but which may extend to one lac rupees or with both.

1. (1) Where any unauthorized development or construction on any land in a Special Investment Region is being carried out but has not been completed, the Regional Development 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. (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 fine which may extend to five thousand rupees and where the unauthorized development or construction continues after the first offence, with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first offence.
3. (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 Regional Development Authority or any officer authorized by it 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 person by whom the unauthorized development or construction has been continued along with all his assistants and workmen 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 Regional Development Authority or the authorized officer of the Regional Development Authority may confiscate such construction material including the equipments, tools, vehicles, etc. which such person was using for the unauthorized development or construction.
4. (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.

Any person who, whether at his own instance or at the instance of any other person, commences, undertakes or carries out development of any land or building, -

1. (a) without obtaining the permission required under this Act or the rules and regulations made thereunder; or
2. (b) which is not in accordance with any permission granted or is in contravention of any condition subject to which such permission has been granted; or
3. (c) after the permission for development has been duly revoked; or
4. (d) which is in contravention of the building regulations, shall, on conviction, be punished with fine which may extend to five thousand rupees, and in case of a continuing offence with a further fine which may extend to one hundred rupees for every day during which the offence continues after conviction for the first offence.

Without prejudice to Section 45, where any unauthorized development of land or building has been carried out as provided under Section 46 or 47, the Regional Development Authority shall have the power to seal buildings and/or remove such unauthorized development in the manner as may be prescribed by the rules.

1. (1) The Regional Development Authority may authorize any person to enter into or upon any land or building with or without assistants or workmen for the purpose of, -
   • (a) preparation of any plans or schemes required under this Act, carrying out any surveys, making any measurement or taking levels of such land or building;
   • (b) digging or boring into the sub-soil;
   • (c) setting out boundaries and intended lines of works;
   • (d) making such levels, boundaries and lines by placing mark, and cutting trenches;
   • (e) examining works under construction and ascertaining the course of sewers and drains;
   • (f) making any enquiry, inspection or search for ascertaining contravention of this Act or the rules and regulations made thereunder; or
   • (g) doing any other thing necessary for the efficient administration of this Act: Provided that -
     • (i) no such entry shall be made except between the hours of sunrise and sunset and without giving reasonable notice at least of twenty four hours to the occupier, or if there be no occupier, to the owner of the land or building; and
     • (ii) intimation shall be given in every instance to enable the inmates of any apartment appropriated to females to shift to such part where their privacy may not be disturbed.
2. (2) It shall be lawful for any person authorized under sub-section (1) to make an entry for the purpose of inspection or search and to open or cause to be opened a door, gate or other barrier, -
   • (a) if he considers the opening thereof necessary for the purpose of such entry, inspection or search; and
   • (b) if the occupier is absent or, being present, refuses to open such door, gate or barrier.
3. (3) If any damages are or are likely to be caused to any owner or occupier of any land or building in carrying out any of the functions under sub-section (1), the person so authorized shall at the time of such entry pay or tender payment of such damages to the owner or occupier and in case of dispute as to sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the appellate authority and the decision of the appellate authority thereon shall be final.

Whoever, -

1. (a) obstructs the entry of any person empowered under the provisions of this Act upon any land or building;
2. (b) resists or obstructs any member, employee or servant of a Regional Development Authority or any employee of the State Government in exercise of any power conferred on, or in the discharge of any duty imposed upon, or in the performance of any function entrusted to him; or
3. (c) restricts or obstructs any person with whom a Regional Development Authority or the State Government or an officer of the State Government, has entered into a contract, including any concessionaire, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.

Whoever contravenes any of the provisions of this Act or the rules and regulations made thereunder, for which no specific penalty is provided for, shall, for the contravention, be punished, -

1. (a) for the first offence, with fine which may extend to five thousand rupees; and
2. (b) for a second or any subsequent offence, with fine which shall not be less than ten thousand rupees but which may extend to one lac rupees.

1. (1) Where an offence has been committed by a company under this Act, every person, who at time the offence was committed was incharge 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 contained in this sub-section shall render any such person liable to any punishment provided in this Act, 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. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance 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 be liable to be proceeded against and punished accordingly. Explanation. - For the purposes of this section -
   • (a) company means a body corporate and includes a firm or other association of individuals; and
   • (b) director in relation to a firm means a partner in the firm

Any expenses incurred by a Regional Development Authority under this Chapter shall be a sum due to the Regional Development Authority under this Act from the person in default and shall be recovered in accordance with the provisions of Section 59.

No court shall take cognizance of any offence punishable under this Act, except the offence under Section 45, or any rule or regulation made thereunder, or except upon a complaint in writing of the facts constituting such offence made by a Regional Development Authority, or by a person expressly authorised in this behalf by the Regional Development Authority: Provided that any person whose right to enjoyment of land or building is adversely affected by any unauthorized development may also file a complaint in the like manner against such person or persons who may have undertaken the said unauthorized development: Provided further that the Regional Development Authority shall also be given due notice of such proceedings and if the Regional Development Authority removes the cause for action within a reasonable period, the proceedings in the court shall abate without prejudice to any other action or proceedings that the Regional Development Authority has initiated or may initiate thereafter.

A Regional Development Authority may, -

1. (a) institute, defend or withdraw from any legal proceeding; and
2. (b) admit, compromise or withdraw any claim made in any legal proceeding or otherwise: Provided that no withdrawal from prosecution for an offence under this Act shall be made except with the permission of the court.