Rule 45. The manner of imposing fine under sub-section (1) of section 56 and manner of application under sub-section (4) of section 56

(1) An accused person desirous of making composition of offence under sub-section (1) of section 56 of the Code may make an application in Form VI electronically or otherwise to the Gazetted Officer notified under said sub-section (1).

(2) The Gazetted Officer referred to in sub-rule (1), shall, on receipt of such application, satisfy himself as to whether the offence is compoundable or not under the Code and if the offence is compoundable and the accused person agrees for the composition, compromise the offence for a sum of fifty per cent of the maximum fine provided for such offence under the Code, to be paid by the accused within the time specified in the order of composition issued by such officer.

(3) Where the offence has been compromised under sub-rule (2) after the institution of the prosecution, then, the officer shall send a copy of such order made by him for intimation to the officer referred to in sub-section (1) of section 53 of the Code for needful action under sub-section (6) of section 56 of the Code.

(4) Where an offence has been compounded under sub-section (1), no further proceeding shall be taken against the occupier in respect of such offence. The composition certificate shall be made in Form VIA.

(5) If, the accused fails to pay such amount for composition of the offence, then, the proceedings shall be continued against such person(s) in accordance with the provisions of this Act.

(6) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded.