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Section 36: Terms and conditions and the fine payable for compounding of offence

Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 2017State Rules of Tamil Nadu · 2016

(1) The court shall, for the purposes of compounding any offence specified under section 70 of the Act, accept a sum of money as specified in the Table below:- Offence. Money to be paid for compounding the offence.

Imprisonment under sub section (2) of section 59.

upto 10% of the estimated cost of the real estate project.

Imprisonment under section 64. upto 10% of the estimated cost of the real estate project.

Imprisonment under section 66. upto 10% of the estimated cost of the plot, apartment or building, as the case may be, of the real estate project, for which the sale or purchase has been facilitated.

Imprisonment under section 68. upto 10% of the estimated cost of the plot, apartment or building, as the case may be:

Provided that the Government may, by notification, amend the rates specified in the Table.

(2) On payment of the sum of money in accordance with the table, any person in custody in connection with that offence shall be set at liberty and no proceedings shall be instituted or continued against such person in any court. If the promoter is restrained, restricted or limited by operation of law in providing specific amenities as per the plans sanctioned, in such case, the promoter shall be absolved from all liabilities for not providing such amenities in the real estate project.

(3) The acceptance of the sum of money for compounding an offence in accordance with the table above, by the Court shall be deemed to an acquittal within the meaning of section 300 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

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(4) The promoter, allottee or real estate agent, as the case may be, shall comply with the orders of the Authority or the Appellate Tribunal, within the period specified by the court, which shall not be more than 30 days from the date of compounding of the offence.

Where this provision sits

ActTamil Nadu Real Estate (Regulation and Development) Rules, 2017 2017
Section36
Marginal noteTerms and conditions and the fine payable for compounding of offence
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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