Rule 56. Manner of composition of offence by a Gazetted Officer specified under sub-section (1) of section 89 and the manner of making application for the compounding of an offence specified under sub-section (4) of section 89

(1) The Deputy Labour Commissioner of the concerned area for the purposes of compounding of offences under subsection (1) of section 89 (hereinafter referred to as the compounding officer), shall in the offences in which prosecution is not instituted, if the compounding officer is of the opinion that any offence under the Code for which the compounding is permissible under section 89, he shall send a notice through electronically and Registered and speed post to the accused in Form XXIV consisting of three parts. In part I of such Form, the compounding officer shall interalia specify the name of the offender and his other particulars, the details of the offence and in which section the offence has been committed, the compounding amount required to be paid towards the compounding of the offence. Part II of the Form shall specify the consequences if the offence is not compounded and part III of the Form shall contain the application to be filed by the accused if he desires to compound the offence. Each notice shall have a continuous unique number containing alphabets or numeric and other details such as officer sending notice, year, place, type of inspection for the purpose of easy identification.

(2) The accused to whom the notice referred to in sub-rule (1) is served, may send the part III of the Form duly filled by him to the compounding officer electronically and deposit the compounding amount electronically otherwise, within fifteen days of the receipt of the notice, in the account specified by the compounding officer in the notice.

(3) Where the prosecution has already been instituted against the accused in the competent Court, the accused may make an application to the Court to allow composition of the offence against him and the Court, after considering the application, may allow composition of the offence by the compounding officer in accordance with provisions of section 89 and the procedure specified in this rule.

(4) If the accused complies with the requirement of sub-rule (2), the compounding officer shall compound the offence for the amount of money deposited by the accused and-(a) if the offence is compounded before the prosecution, then, no complaint for prosecution shall be instituted against the accused and if the offence is compounded pending proceeding under section 85, the compounding officer shall intimate the composition to the officer referred to in that section who shall after intimation close the proceeding in respect of the accused person of such offence; and

(b) if the offence is compounded after the institution of prosecution under sub-rule (3) with the permission of the Court, then, the compounding officer shall treat the case as closed and intimate the composition of the offence to the competent Court by which such composition was allowed and after receiving such intimation, the Court shall discharge the accused person and close the prosecution.

(5) The compounding officer shall exercise the powers to compound the offence under this rule, subject to the direction, control and supervision of the State Government.