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Section 27

The Assam Apartments (Construction and Transfer of Ownership) Act, 2006State Act of Assam · Act 21 of 2007

(1) If the promoter or a builder committing an offence under this Act is a company, every person at the time of the offence was committed in charges 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.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act, has been committed with the consent or connivance of or Ip attributable to any negligence on the part of any Director or Manager, Secretary or other Officer, shall be deemed to be guilty of that offence and 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.

b) ‘Director* in relation to a firm means a partner in the firm.

Indemnity 28. No suit or other legal proceeding shall lie against the Government and no suit, prosecution or other legal proceeding shall lie against any Officer or Servant of the Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder.

Cognizance of offence

29. No court shall take cognizance of any offence under this Act except on complaint made with previous sanction of the Competent Authorities.

Power to remove difficulties

30. If any difficulty arises in giving effect to the provisions of this Act, the State Government may make such order or do such thing, not inconsistant with the provisions of this Act, as appears to it to be necessary on expedient for removing the difficulty.

* Delivery of possession to the purchaser or lessee free of encumbrances

Where this provision sits

ActThe Assam Apartments (Construction and Transfer of Ownership) Act, 2006
Section27
JurisdictionState of Assam
StatusIn force as published by the source

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