Section 32 in The Punjab Apartment Ownership Act, 1995
32. Powers and duties of the competent authority.
(1)The competent authority shall have the following powers and duties, namely,-(a)to decide, under section 7, dispute about the amount payable by an allottee to a promoter;(b)to decide, under section 8, the action for recovery of sums as damages or injunctive relief or both;(c)to decide, under sub-section (4) of section 12, appeals against notice given by the lessee to apartment owner regarding a breach of the terms and conditions of the sub-lease or regarding the amount of the composition fee demanded in lieu thereof;(d)to permit, under the first proviso to sub-section (1) of section 14, further time to the promoter to execute conveyance deed of apartment;(e)to receive under section 9, sub-section (1) of section 12, sub- section (3) of section 14 and sub-section (4) of section 16, the certified copies of instruments of undertaking, deeds of sub-lease, documents of transfer of management, conveyance deeds of apartments and endorsements thereon, and hire-purchase agreements;(f)to impose penalty for delay in or failure to execute instruments as specified in sub-section (1) of section 15;(g)to issue certificate to registering Officer under sub-section (6) of section 15;(h)to register, under sub-section (3) of section 17, the association of apartment owners;(i)to approve and register the bye-laws of an association any deviation from the model bye-laws and amendments to the bye-laws, under sub- section (3) of section 20;(j)to allow, under section 21, further time beyond sixty days to an association to repair, reconstruct or rebuild a property which is damaged or destroyed;(k)to give direction to an association, to supersede the Board and to appoint an administrator under section 23;(l)to resolve disputes between an association and a member thereof;(m)to ensure the annual audit of the accounts of an association;(n)to receive audit reports on the accounts and the annual reports on the working of an association;(o)to ensure compliance by promoters, associations and apartment owners of the obligations under this Act, rules or bye-laws made thereunder, by issuing suitable directions;(p)to issue directions to associations and apartment owners, consistent with the provisions of this Act, rules and bye-laws made thereunder ; and(q)any other function which the State Government may, by notification, entrust to the competent authority.(2)In discharging its functions under this Act, the competent authority will have the powers of a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) while trying a suit, in respect of the following matters, namely :-(a)summoning and enforcing the attendance of any person and examining him on oath or affirmation;(b)receiving evidence on affidavits;(c)requiring the discovery and production of documents;(d)subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (Central Act 1 of 1872), requisitioning any public record or document or copies of such record or document from any office;(e)issuing commissions for the examination of witnesses or documents; and(f)any other matters which may be prescribed.
