Amendment status not verified — confirm the current text below against the official source.
Where more than two-third of the apartment owners suggest in writing in the prescribed manner that the Competent Authority may discharge the functions of the association of allottees as laid down in this Act and the bye–laws, the Competent Authority with prior approval of the Appellate Authority may discharge the functions of the association of allottees for such period as may be directed by the Appellate Authority: Provided that every apartment owner, as soon as may be practicable, be intimated by the competent authority by registered letter issued to the address of such apartment owner. 25.(1) The State Government may, by notification, appoint any officer not below the rank of Collector as the Appellate Authority to exercise the powers conferred on it and to perform the functions assigned to it under this Act. (2) Any person aggrieved by an order passed or direction issued by the competent authority under this Act or the rules or bye-laws, may prefer an appeal, in such form and in such manner and accompanied by such fees, as may be prescribed, before the Appellate Authority, within thirty days from the date of such order or direction, as the case may be, within such further period as may be allowed by the Appellate Authority on sufficient grounds being shown. 5 of 1908. 2 of 1974. 45 of 1860. Functions of the association of allottees to be discharged by the Competent Authority. Appointment and powers of the Appellate Authority. 22 (3) The Appellate Authority may, after giving an opportunity to be heard to the parties, pass such order, as it deems fit, either confirming, modifying or setting aside the order or direction of the competent authority and the order of the Appellate Authority shall be final. (4) The appeal under this section shall, as far as possible, be disposed of by the Appellate Authority within a period of ninety days from the date of filing and if an appeal is not disposed of within the aforesaid period, the Appellate Authority shall record reasons therefor. CHAPTER VII OFFENCES AND PENALTY 26.(1) If any promoter, ─ (a) has failed to submit the declaration under section 9 or any amendment thereto; or (b) has failed to form the association of allottees as per Section 15; or (c) has failed to execute the deed of transfer of apartment under section 8; or (d) has handed over the possession of the apartment without obtaining Occupancy Certificate, he shall, at the instance of the Secretary of the association of allottees or any official duly authorised by the Executive Committee by the association of allottees or an aggrieved apartment owner or in a proper case the competent authority, on conviction, be liable to be punished with fine which may extend to five lakh rupees and a further fine which may extend to two thousand rupees for every day during which such contravention continues after the conviction. (2) If any promoter, except the offence as provided in sub-section (1), or an association of allottees or an apartment owner contravene any provisions of this Act or rules or any provision of the bye-laws or commit breach of any provision of bye-laws or of any covenant, condition or restriction set forth in the deed of transfer or declaration or does anything detrimental to the health and safety of public, the Competent Authority may issue, either suo-motu or on an application from any person affected, a notice to such promoter or association of allottees or an apartment owner to show cause why penalty should not be imposed and if no sufficient cause is shown, the Competent Penalty. 23 Authority may impose for each contravention or for breach, a penalty which may extend to twenty thousand rupees and further sum which may extend to one thousand rupees for each day till the breach or contravention continues. (3) The penalty under sub-section (2) may be recovered as an arrear of land revenue in case promoter or association of allottees or an apartment owner on whom such penalty is imposed fails to pay such penalty within the time as directed by the competent authority.