Amendment status not verified — confirm the current text below against the official source.
(1) If the promoter, or the apartment owner as the case may be, fails to execute a deed of apartment or an endorsement thereon under the first proviso of sub-sections (1) or (4) of section 13 within four months, or does not comply with sub-sections (3) or (4) of section 13 within four months of the execution of the deed of apartment or the endorsement thereon, or with subsection (1) of section 1.1 within four months of the date on which possession of the apartment is given of the date or which possession of the apartment is given or, where the competent authority or government has granted extension of time under the first proviso to sub-section(1) of section 13 within such extend period, the competent authority may, either on a complaint or summon, impose a penalty of 3 of basic cost of the apartment for which there is a default together with a further minimum penalty for each apartment of one hundred rupees for every day for which the default continues, and the penalty may be recovered as an arrear of land revenue. This penalty shall be in addition to any action under the Stamp Act, 1899 or the Registration Act 1908: Provided that it will be incumbent on the promoter to execute the sub-lease only after the lease is executed in his favour, but the deed of apartment will have to be executed without waiting for the execution of the lease, as envisaged by the third proviso to sub-section (1) of Section 13. (2) On the failure of the promoter to execute the deed of apartment within the time stated in sub-section (1) the allottee may make an application to the competent authority. (3) On failure of the apartment owner to make an endorsement of the transfer of an apartment on the deed of apartment within the time stated in sub-section (1), the transferee may make an application to the competent authority. (4) On the failure of the lessee to execute a sub-lease within the time stated in sub-section (1), the apartment owner may make an application to the competent authority. (5) The application under sub-sections (2), (3) or (4) as the case may be, shall be in the prescribed form in writing for a certificate to be produced before the concerned registration officer for enforcing the registration of the transfer. After making such enquiry as may be necessary and satisfying itself that the occupation certificate has been obtained from the appropriate authority and that the applicant has done what he is required to do under the agreement, the competent authority shall issue a certificate to the appropriate registration officer that it is a fit case for enforcing registration and direct the application to present the deed of apartment, the endorsement on the deed of apartment or the sub-lease as the case may be, though not executed by the other party, for unilateral execution of registration. (6) After the instrument along with the certificate issued by the competent authority is presented for registration, the registration officer shall cause a summons to be issued to the other party. If he fails to appear in compliance with the summons, the execution of the instrument shall be deemed to be admitted by him and the registration officer shall proceed to register the instrument. If he appears but denies the execution of the instrument, if the registration officer, after giving him a reasonable opportunity of being heard, is satisfied that he has failed to execute the instrument without sufficient cause, shall proceed to register the instrument. Notwithstanding anything contained in the Land Transfer Act in force or the Transfer of Property Act, 1882 or the Registration Act, 1908, the registration of the instrument under this subsection shall be sufficient to vest the property in the applicant.