Section 38 in Punjab Apartment and Property Regulation Act, 1995
38. Prosecution and composition of offences.
(1)No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the competent authority or any person authorised in this behalf by the competent authority.(2)The competent authority may, either before or after the institution of the proceedings for prosecution, compound any offence punishable by or under this Act subject to such conditions and restrictions as may be prescribed.(3)Where an offence has been compounded, the offender, if in custody, shall be released and no further proceedings shall be taken against him in respect of the offence compounded:[Provided that imposition of penalty, conviction and fine shall not be deemed to regularize the unauthorized constructions, buildings or colony:Provided further that without prejudice to the provisions of sections 36, 37 and sub-section (1) of this section, the competent authority after giving a notice of thirty days and affording a reasonable opportunity of being heard to the persons concerned, order to demolish or remove or stop construction or development of such unauthorized construction, building or colony and restore to its original state or to bring into conformity with the conditions, which have been violated and if such person fails to do so within a period of six weeks from the order, may himself take such measures, as may appear to him necessary to give effect to the order and the cost of such measure shall be recoverable from such person, as arrears of land revenue.] [Added by Punjab Act No. 21 of 2014, dated 27.8.2014.]
