Section 15 in The M.P. Prakoshtha Swamitva Adhiniyam, 2000
15. Enforcement of Transfer.
(1)If the promoter or the apartment owner as the case may be fails to execute a deed of apartment or an endorsement thereon under sub-section (1) or (4) of Section 14 within three months, or does not comply with sub-section (3) or (4) of Section 14 within three months of the execution of the deed of apartment or the endorsement thereon or with sub-section (1) of Section 12 within three months of the dale on which possession of the apartment is given or, where the Competent Authority or Government has granted extension of time under the first proviso to sub-section (1) of Section 14 within such extended period the Competent Authority may either on a competent or suo motu, impose a penalty upto a maximum of five thousand rupees or five percent of the price of the apartment whichever is greater for each apartment for which there is a default together with a further minimum penalty for each apartment of one hundred rupees for every day for which the default together with a further minimum penalty for each apartment of one hundred rupees for every' day for which the default continues and the penalty may be recovered as an arrear of land revenue. This penalty shall be in addition to any action under the Stamp Act, 1899 (No. 2 of 1899) or the Registration Act, 1908 (No. 16 of 1908). If such penalty is imposed, no penalty shall be imposed for the same reason under any other enactment :Provided that it will be incumbent on the promoter to execute the sub-lease only after the lease is executed in his favour, but the deed of apartment will have to be executed without waiting for the execution of the lease, as envisaged by the third proviso to sub-section (1) of Section 14.(2)On the failure of the promoter to execute the deed of apartment within the time stated in sub-section (1) the allottee may make an application to the Competent Authority.(3)On the failure of the apartment owner to make an endorsement of the transfer of an apartment on the deed of apartment within the time stated in sub-section (1), the transferee may make an application to the Competent Authority.(4)On the failure of the lessee to execute a sub-lessee within the period stated in sub-section (1), the apartment owner may make an application to the Competent Authority.(5)The application under sub-section (2), (3) or (4) as the case may be, shall be in the prescribed form in writing for a certificate to be produced before the concerned Registration Officer for enforcing the registration of the transfer. After making such enquiry as may be necessary and satisfying itself that the occupation certificate has been obtained from the Appropriate Authority and that the applicant has done what he is required to do under the agreement, the Competent Authority shall issue a certificate to the appropriate Registration Officer that it is a fit case for enforcing registration and direct the applicant to present the deed of apartment, the endorsement on the deed of apartment or the sub-lease as the case may be, though not executed by the other party, for unilateral execution of registration.(6)After the instrument alongwith the certificate issued by the Income-Tax Officer and Competent Authority is presented for registration the Registration Officer shall cause a summons to be issued to the other party. If he fails to appear in compliance with the summons, the execution of the instrument shall be deemed to be admitted by him and the Registration Officer shall proceed to register the instrument. If he appears but denies the execution of the instrument, if the Registration Officer, is satisfied giving him a reasonable opportunity of being heard is satisfied that he has failed to execute the instrument without sufficient cause shall proceed to register the instrument. Notwithstanding anything contained in the Transfer of Property Act, 1882 or the Registration Act, 1908, the registration of the instrument under this sub-section shall be sufficient to vest the properly in the applicant.
