Rule 50. The manner of imposing fine under sub-section (1) of Section 56

(1) An accused person desirous of making composition of offence under sub-section (1) of Section 56 may make an application in Form-X, physically or electronically, appended to these rules, electronically or otherwise to the Compounding Officer/Gazetted Officer notified under said sub-section (1).

(2) The Compounding Officer/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, he shall send a notice on Form-XI and if the accused person agrees for the composition, compound the offence for a sum of fifty percent of the maximum fine provided for such offence under the Code, to be paid by the accused within thirty days of the order of composition issued by such officer.

(3) The Compounding Officer shall issue a composition certificate in Part-B of Form-XI within ten days of receipt of the composition amount, to such person from whom such amount has been received in compliance of the composition notice.

(4) In case where a person should noticed fails to deposit the composition amount within the time specified by the Compounding Officer prosecution shall be instituted before the Competent Court against such person for such offense in respect of which the compound notice was issued.

(5) Where the offence has been compounded under sub-rule (2) after the institution of the prosecution, the Officer shall send a copy of such order for intimation to the Officer referred to in sub-section (1) of Section 53 for action under sub-section (6) of Section 56.

(6) The Compounding Officer/Gazetted Officer shall exercise the powers to compound the offence under this Rule, subject to the direction, control and supervision of the State Government.