LABOUR LAWS (ANDHRA PRADESH AMENDMENT FOR COMPOUNDING OF OFFENCES) BILL, 2019
[Bill No. 09 of 2019]
PREAMBLE
A bill further to amend the labour laws (andhra pradesh amendment for compounding of offences) bill, 2019.
Be it enacted by the Legislature of the State of Andhra Pradesh in the Seventieth year of the Republic of India as follows:-
1. Short title and commencement.--
(1) This Act may be called The Labour Laws (Andhra Pradesh Amendment for Compounding of Offences) Act, 2019.
(2) It shall come into force on such date as the State Government may, by notification, appoint.
2. Amendment of Section 33.--
In the Beedi and Cigar Workers (Conditions of Employment) Act 1966 (Act No. 32 of 1966) after section 33, the following section shall be inserted, namely:-
"33-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding Institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908, (Act No. 5, 1908), of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
3. Amendment of Section 49
In the Building & Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (Act No. 27 of 1996) after Section 49 the following section shall be inserted, namely:-
"49-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and Institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908, (Act No. 5 of 1908) of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
4. Amendment of Section 12.
In the Building & Other Construction Workers Welfare Cess Act, 1996 (Act No. 28 of 1996), after Section 12, the following section shall be inserted, namely:-
"12-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and Institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908, (Act No. 5, 1908), of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
5. Amendment of Section 25
In the Contract Labour (Regulation and Abolition) Act, 1970 (Central Act No. 37 of 1970), after section 25, the following section shall be inserted, namely:-
"25-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1)
(4) The Officer competent to compound the offence may reject the application for compounding and Institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908, of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
6. Amendment of Section 18.
In the Employees' Compensation Act, 1923 (Act No. 8 of 1923) (hereinafter referred to as the Principal Act, after Section 18-A, the following section shall be inserted, namely:-
"18-B. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and Institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908, (Act No. 5 of 1908) of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
7. Amendment of Section 10
In the Equal Remuneration Act, 1976 (Central Act No. 25 of 1976), after section 10, the following section shall be inserted, namely:-
"10-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and Institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908, (Act No. 5 of 1908) of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
8. Amendment of Section 31
In the Industrial Disputes Act, 1947 (Act No. 14 of 1947) in Chapter VI, after section 31, the following section shall be inserted, namely:-
"31-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and Institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (Act No. 5, 1908), of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
9. Amendment of Section 13.--
In the Industrial Employment (Standing Orders) Act, 1946 (Central Act No. 20 of 1946) after Section 13-B the following section shall be inserted namely:-
"13-C. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and Institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (Act No. 5, 1908), of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
10. Amendment of Section 26.--
In the Interstate Migrant Workers (Regulations of Employment and Conditions of Service) Act, 1979 (Central Act No. 30 of 1979) after Section 26, the following section shall be inserted, namely:-
"26-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (Act No. 5, 1908), of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
11. Amendment of Section 6.--
In the Labour Laws (Exemption from furnishing returns and maintain registers by certain Establishments) Act, 1988 (Central Act No. 51 of 1988), after Section 6, the following section shall be inserted, namely:-
"6-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (Act No. 5, 1908), of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
12. Amendment of Section 22.--
The Maternity Benefit Act 1961 (Central Act No. 53/1961), after Section 22, the following section shall be inserted, namely:-
"22-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908, (Act No. 5, 1908), of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
13. Amendment of Section 22.--
In the Minimum Wages Act, 1948 (Central Act No. 11 of 1948), after section 22C, the following section shall be inserted, namely:-
22 CC. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908, (Act No. 5, 1908), of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
14. Amendment of Section 34.--
In the Motor Transport Workers Act, 1961 (Central Act No. 27 of 1961), after section 34, the following section shall be inserted, namely:-
"34-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908, (Act No. 5, 1908), of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
15. Amendment of Section 28.--
In the Payment of Bonus Act, 1965 (Central Act No. 21 of 1965), after section 28, the following section shall be inserted, namely:-
"28-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908, (Act No. 5, 1908), of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section"
16. Amendment of Section 9.--
In the Payment of Gratuity Act, 1972 (Central Act No. 3 9 of 1972), after section 9, the following sections shall be inserted, namely:-
"9-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908, (Act No. 5, 1908), of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
17. Amendment of Section 20.--
In the Payment of Wages Act, 1936 (Central Act No. 4 of 1936), after Section 20, the following section shall be inserted, namely:-
"20-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908, (Act No. 5, 1908), of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
18. Amendment of Section 36.--
The Plantation Labour Act 1951 (Central Act No. 69 of 1951), after Section 36, the following section shall be inserted, namely:-
"36-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908, (Act No. 5, 1908), of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
19. Amendment of Section 9.--
In the Sales Promotion Employees (Conditions of Service) Act, 1976 (Act No. 11 of 1976), after Section 9, the following section shall be inserted, namely:-
"9-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908, (Act No. 5, 1908), of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
20. Amendment of Section 17.--
In the Cine Workers and Cinema Workers (Regulation & Abolition) Act, 1981 (Act No. 50 of 1981), after Section 17 the following section shall be inserted, namely:-
"17-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908, (Act No. 5, 1908), of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section.''
21. Amendment of Section 18.--
In the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (Central Act No. 45 of 1955), after Section 18 the following section shall be inserted, namely:-
"18-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Act No. 2 of 1974), any offence punishable under this Act, not being an offence punishable with imprisonment, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted officer, as the Government may by notification specify, for a sum of two times of the maximum fine amount provided for such offence or a percentage of such sum as the Government may notify from time to time, in the manner as may be prescribed.
(2) Every application for the compounding of an offence shall be made in such manner as may be prescribed.
(3) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be punishable with a sum equivalent to fifty per cent of the maximum fine provided for the offence or such other percentage as may be notified by the Government, in addition to the amount mentioned in sub section (1).
(4) The Officer competent to compound the offence may reject the application for compounding and institute prosecution with the prior sanction of the Commissioner of Labour.
(5) 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.
(6) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.
(7) The offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer that such offence is not continued any further.
(8) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908, (Act No. 5, 1908), of such person may, with the consent of the Court, compound such offence.
(9) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence.
(10) The offence committed of the same nature shall be compoundable only for the first three offences within a block period of three years of licensing or renewal.
(11) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded.
(12) No offence shall be compounded except as provided by this section."
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