(1) The provisions of this Act shall have effect, notwithstanding anything inconsistent therewith contained in any contract, undertaking or other instrument, and all apartment owners, tenants, or their employees, or any other person who may in any manner use the property or any part thereof to which this Act applies, shall be subject to the provisions of this Act and the rules and bye-laws made there under:
Provided that nothing contained in this sub-section shall affect the right, title or interest acquired by any allottee or other person in common areas and facilities from any promoter before the commencement of this Act.
(2) All agreements, decisions and determinations lawfully made by the association in accordance with the provisions of this Act and the bye-laws, shall be deemed to be binding on all apartment owners.
37. If a promoter or an association or an apartment owner contravenes any provisions of this Act or the rules, or commits a breach of any bye-laws of the association or of the terms and conditions of the conveyance deed of apartment, or does anything detrimental to the health or safety of the public, the competent authority may issue, either suo moto or on an application from the association or any person affected, a notice to show cause why penalty should not be levied, and if no sufficient cause is shown, 1[levy for each breach or contravention,- 1Substituted by Punjab Act No.17 of 2021.Section 5 Bar of jurisdiction.
Act binding on apartment owners etc.
Penalty for breach.
(i) in case of promoter, a penalty, which may extend upto five per cent of the estimated cost of the project;
(ii) in case of apartment owner, a penalty, which may extend upto five per cent of the cost of the apartment;
and
(iii) in case of an association, a penalty of rupees ten thousand, and if the breach or default is continuous, a penalty of rupees one thousand for each day of the breach or default shall be levied, and if the penalty so levied under clauses (i) to (iii) above is not paid by the promoter or apartment owner or association, as the case may be, it may be recovered as an arrear of land revenue.]