CHAPTER XII - OFFENCES AND PENALTIES

No: DOH 109KHB2017 Karnataka Government Secretariat VikasaSoudha, Bangalore, Dated: 10-07-2017

NOTIFICATION - Whereas the draft of the Karnataka Real Estate (Regulation and Development) Rules, 2016 was published vide Government Order No. DOH 128 KHB 2016, dated: 24th October, 2016, in part I of the Karnataka Gazette ( Extra Ordinary Number 1193), dated 24th October, 2016 inviting suggestions from all persons likely to be affected thereby within fifteen days from the date of its publication in the Official Gazette And whereas, the said Gazette was made available to public on 24th October, 2016And whereas, suggestions have been received and considered by the State Government And whereas, the Government of India vide S.O No.3347, dated 28thOctober 2016 had made the order for removing certain difficulties in implementing the provisions of the Act

Rule 45 - Terms and conditions and the fine payable for compounding of offence

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(1) The Court, Authority/Tribunal shall, for the purposes of compounding any offence punishable with imprisonment under the Act, accept an amount as specified in the Table below:-

OffenceAmount to be paid for compounding amount
Punishable with Imprisonment under sub section (2) of section 59Up to ten percent of the estimated cost of the real estate project
Punishable with Imprisonment under section 64Up to ten percent of the estimated cost of the real estate project
Punishable with Imprisonment under section 66Up to ten percent of the estimated cost of the plot, apartment or building, as the case may be, of the real estate project, for whichthe sale or purchase has been facilitated
Punishable with Imprisonment under section 68Up totenpercent of the estimated cost of the plot,apartmentorbuilding,asthecase may be

(2) On payment of the sum of money in accordance with the table above, 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 anycourt

(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 amount to an acquittal within the meaning of section 300 of the Code of Criminal Procedure, 1973 (Central Act 2 of1974)

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

 

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