(1) The 1[Government] shall be entitled to levy abuser charges for abuse, on the Developer, if any Developer abuses the rights granted to the Developer under the Concession Agreement.
Provided 1[Government] shall give an opportunity of not less than fifteen days from the date of service of a notice to the Developer to show cause in writing, why such abuser charges should not be levied on him, before passing the order under this section.
(2) The Concession Agreement will provide what will constitute abuse of rights granted to the Developer. The abuser charges will be as prescribed by the 1[Government] from time to time.
Provided that the abuser charges levied under this section shall be final and conclusive subject to provisions of section 66 of the Act.
64. Polluter charges - (1) The 1[Government] shall be entitled to levy polluter charges for pollution of the environment on the Developer, if the Developer pollutes the environment and / or does not adhere to the specified mitigation measures as provided in the Concession Agreement.
(2) The 1[Government] shall give an opportunity of not less than fifteen days from the date of service of notice to the Developer to show cause, in writing, why such Polluter Charges should not be levied on the Developer, before passing the order under this section.
(3) The Polluter Charges will be as prescribed by the 1[Government].
Provided that the Polluter Charges levied under this section shall be final and conclusive subject to provisions of section 66 of the Act.
65. 2[* * * * *]
66. Indemnity by the Developer - The Developer shall be bound to indemnify the Government Agency or the Local Authority against any defect in design, construction, maintenance and operation of the Project and shall undertake to reimburse all costs, charges, expenses, losses and damages in that behalf.
67. Recovery of costs, charges, dues, fees and fines - The Infrastructure Authority or the Government Agency or the Local Authority or the Conciliation Board shall be entitled to recover all sums due to it under the Act, whether by way of costs, charges, dues, fees or fines, in accordance with the provisions of the Andhra Pradesh Revenue Recovery Act, 1864 (Act No. II of 1864) as if any such sum may be recovered in the same manner as arrear of land revenue under the provisions of the said Act and remit the same to the Infrastructure Projects Fund as it may direct.
68. Application of fines and charges - The Infrastructure Authority or the Government Agency or the Local Authority or the conciliation Board imposing the costs, charges, fees and fine under the Act may direct that the whole or any part thereof shall be applicable towards payment of the costs of the proceedings.
69. Penalties - (1) Whoever fails or omits to comply with or contravenes any of the provisions of the Act 3[* * * * *] shall be 1 . For the words ‘Infrastructure Authority’ the word ‘Government’ shall be substituted in Sec.63 & Sec.64, by Act 3 of 2017, Sec.14.
2 . Sec.65 omitted by Act 3 of 2017, Sec.15.
3. In Sec.69 the words ‘or order or direction of the Infrastructure Authority’ shall be omitted by Act 3 of 2017, Sec.16.
liable for each of such failure or omission or contravention for fine which shall not be less than Rs.50,000/- (Rupees Fifty Thousand) but which may extend upto Rs.1,00,00,000/- (Rupees One Crore) or shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years or with both.
(2) whoever fails or omits to comply with or contravenes any of the provisions of the Act or order or directions of the Board shall be liable for each of such failure or omission or contravention for fine which shall not be less than Rs.50,000/- (Rupees Fifty Thousand) but which may extend upto Rs.1,00,00,000/- (Rupees One Crore) or shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to two years or with both.