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Section 59

The Real Estate (Regulation & Development) Act, 2016State Act of Jharkhand · Act 16 of 2016

(1) If any promoter contravenes the provisions of section 3, he shall be liable to a penalty which may extend up to ten per cent. of the estimated cost of the real estate project as determined by the Authority.

(2) If any promoter does not comply with the orders, decisions or directions issued under sub-section (1) or continues to violate the provisions of section 3, he shall be punishable with imprisonment for a term which may extend up to three years or with fine which may extend up to a further ten per cent. of the estimated cost of the real estate project, or with both.

Right to legal representation.

Orders passed by Appellate Tribunal to be executable as a decree.

Appeal to High Court.

Punishment for nonregistration under section 3.

38 of 1949.

23 of 1959.

56 of 1980.

5 of 1908.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29

60. If any promoter provides false information or contravenes the provisions of section 4, he shall be liable to a penalty which may extend up to five per cent. of the estimated cost of the real estate project, as determined by the Authority.

61. If any promoter contravenes any other provisions of this Act, other than that provided under section 3 or section 4, or the rules or regulations made thereunder, he shall be liable to a penalty which may extend up to five per cent. of the estimated cost of the real estate project as determined by the Authority.

62. If any real estate agent fails to comply with or contravenes the provisions of section 9 or section 10, he shall be liable to a penalty of ten thousand rupees for every day during which such default continues, which may cumulatively extend up to five per cent. of the cost of plot, apartment or buildings, as the case may be, of the real estate project, for which the sale or purchase has been facilitated as determined by the Authority.

63. If any promoter, who fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent., of the estimated cost of the real estate project as determined by the Authority.

64. If any promoter, who fails to comply with, or contravenes any of the orders, decisions or directions of the Applellate Trinbunal, he shall be punishable with imprisonment for a term which may extend up to three years or with fine for every day during which such default continues, which may cumulatively extend up to ten per cent. of the estimated cost of the real estate project, or with both.

65. If any real estate agent, who fails to comply with, or contravenes any of the orders or directions of the Authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent., of the estimated cost of plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated and as determined by the Authority.

66. If any real estate agent, who fails to comply with, or contravenes any of the orders, decisions or directions of the Appellate Tribunal, he shall be punishable with imprisonment for a term which may extend up to one year or with fine for every day during which such default continues, which may cumulatively extend up to ten per cent. of the estimated cost of plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated, or with both.

67. If any allottee, who fails to comply with, or contravenes any of the orders, decisions or directions of the Authority he shall be liable to a penalty for the period during which such default continues, which may cumulatively extend up to five per cent. of the plot, apartment or building cost, as the case may be, as determined by the Authority.

68. If any allottee, who fails to comply with, or contravenes any of the orders or directions of the Applellate Tribunal, as the case may be, he shall be punishable with imprisonment for a term which may extend up to one year or with fine for every day during which such default continues, which may cumulatively extend up to ten per cent. of the plot, apartment or building cost, as the case may be, or with both.

Penalty for contravention of section 4.

Penalty for contravention of other provisions of this Act.

Penalty for nonregistration and contravention under sections 9 and 10.

Penalty for failure to comply with orders of Authority by promoter.

Penalty for failure to comply with orders of Appellate Tribunal by promoter.

Penalty for failure to comply with orders of Authority by real estate agent.

Penalty for failure to comply with orders of Appellate Tribunal by real estate agent.

Penalty for failure to comply with orders of Authority by allottee.

Penalty for failure to comply with orders of Appellate Tribunal by allottee.

30 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—

Where this provision sits

ActThe Real Estate (Regulation & Development) Act, 2016
Section59
JurisdictionState of Jharkhand
StatusIn force as published by the source

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