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Wednesday, October 12, 2016

Penalties and Prosecutions _ Real Estate (Development and Regulation) Act, 2016




Penalties and Prosecutions under Real Estate (Development and Regulation) Act, 2016:
APromoter 
i)Contravention of the provisions of Section 3 i.e., making any invitation for sale without getting the project registered (Sec.59)Penalty up to 10% of estimated cost of the project – For the continued default imprisonment up to three years or fine upto further 10% of the cost or both
ii)Contravention of Section 4 i.e., failure to make application for registration, submitting false information, failure to keep 70% in separate bank account etc (Sec.60)Penalty up to 5% of the estimated project cost
iii)Contravention of any other provision of the Act/Rules/Regulations (Sec.61)Penalty up to 5% of the estimated project cost
iv)Failure to comply with the directions/ orders of the Regulatory Authority (Sec.63)Penalty for every day of the default which can cumulatively go upto 5% of the estimated project cost.
v)Failure to comply with the orders, decisions of the Appellate Tribunal (Sec.64)Imprisonment upto three years or fine for every day of default which can cumulatively go upto 10% of the estimated cost.
BAgent 
i)Failure to comply with order or direction of the Authority (Sec.65)Penalty for every day of the default which can cumulatively go upto 5% of the estimated cost.
ii)Failure to comply with order or direction of the Tribunal (Sec.66)Punishment with imprisonment upto one year or with fine for each day of default which can cumulatively go upto 10% of the project cost.
CAllottees 
i)Failure to comply with orders of the AuthorityPenalty per day of the default which can cumulatively go upto 5% of the cost of Apartment etc.
ii)Failure to comply with decision or orders of the Tribunal (Sec.68)Punishment of imprisonment upto  one year or with fine for each day of default cumulatively  going upto 10% of the project cost or both

Source http://accommodationtimes.com/an-overview-of-real-estate-development-and-regulation-act-2016/

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