Rule 59. Manner composition offence by Gazetted Officer specified under sub- section (1) of section 89 and the manner making of application for the compounding of an offence specified under sub-section (4) of section 89

of 58. (1) The officer notified by the State Government for the purpose of compounding of offences under sub-section (1) of section 89 (hereinafter referred to as the compounding officer), shall in the offences in which prosecution is not instituted, of the compounding officer is of the opinion that any offence under the Code for which the compounding is permissible under said section, he shall send a notice through department Portal or any other mode, to the accused in Form-U consisting of three parts.

(2) In Part I of Form-U, the compounding officer shall, inter alia, specify

(a) the name of the accused and his other particulars;

(b) the details of the offence and the section under which the offence has been committed; and

(c) the compounding amount required to be paid towards the composition of such offence.

(3) In Part Il of the Form-U, the compounding officer shall specify the consequences if the offence is not compounded, and in Part III of the said Form shall contain the application to be filed by the accused, if he desires to compound the offerice.

(4) Each notice referred to in sub-rule (1) shall have a unique number containing alphabets or numerical and other details such as compounding officer concerned, industrial establishment, year, place and type of inspection for the purpose of easy identification.

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

(6) Where the prosecution has already been instituted against the accused in the competent Court, he may make an application to the Court to compound 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.

(7) 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 offience is compounded before the prosecution, then no complaint for prosecution shall be instituted against the accused; and

(b) if the offence is compounded after institution of prosecution under sub-rule (3) with the of the Court, then ,the permission compounding officer shall treat the case as closed as if no prosecution had been launched and will proceed in accordance with compounding in a under clause (a) and intimate the compound of offence to the competent Court in which the prosecution is pending and afterreceiving such intimation, the Court shall discharge the accused and close the prosecution.

(8) 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