Section 23 in The Orissa Apartment Ownership Act, 1982
23. Penalties.
(1)If the owner of any apartment which is subject to the provisions of this Act, contravenes-(a)any of the provisions of Section 9 or Section 10;(b)any bye-law that may be framed ;(c)any covenant, condition or restriction set forth in the declaration to which he is subject or is a party ;he shall, at the instance of the Manager or the Board of Managers on behalf of the Association of the Apartment Owners, or an aggrieved apartment owner of in a proper case of the competent authority, on conviction before a Magistrate, be liable to a fine which may extend to five thousand rupees and in case of continuing contravention, to an additional fine which may extend to rupees fifty for everyday during which such contravention continues after the conviction.(2)Any contravention punishable under Sub-section (1) may where the prosecution lies of is instituted at the instance of or by the Manager or the Board of Managers on behalf of the Association of the Apartment Owners, or the Competent Authority, compounded by such Association or the Competent Authority, as the case may be, either before or after institution of the prosecution, on payment of, for credit to the fund of the Association, such sum as it may think fit.(3)The provisions of this section shall be without prejudice to those of Section 8, and Section 20 and Section 21.
