Offences

(1) If any promoter,
(a) transfers by way of sale or otherwise any land appurtenant to a building and such land was originally shown as common areas and facilities such as park, open space, path ways, circulation areas, etc. in the plan approved by the prescribed sanctioning authority, or
(b) illegally makes construction in contravention of the plan approved by the prescribed sanctioning authority beyond compoundable limits; he shall, on conviction, be punished with imprisonment for a term not less than three years which may extend to six years or with fine not less than three lacs rupees, which may extend to five lacs rupees or with both. Explanation: Above punishment shall not exonerate the promoter from his liability to restore the status of common areas and facilities as per the approved plan.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 it shall be lawful for a Metropolitan Magistrate or a Judicial Magistrate of the First Class to pass on any person convicted of an offence under this Act, a sentence of imprisonment or fine or both as provided in the relevant section of this Act, in exercise of powers under section 29 of the said Code.
(3) If the owner of an apartment which is subject to the provisions of Chapter III contravenes-
(a) the provisions of section -5, or 6 or
(b) any bye-laws made under the provisions of this Act, he shall, on conviction, be punishable with fine not less than ten thousand rupees which may extend to Fifty thousand rupees and in case of a continuing contravention, to an additional fine which may extend to one thousand rupees for every day during which such contravention continues after the conviction.
(4) No court shall take cognizance of an offence under this section, except on the written complaint by the board after a majority decision thereof and after obtaining prior permission of the Competent Authority in such manner as may be prescribed.