Section 26A in The Punjab Shops and Commercial Establishments Act, 1958
26A. [ Power to compound offences. [Section 26-A added by Haryana Act No 21 of 2004.]
(1)Notwithstanding anything contained in this Act or the rules framed thereunder, the compounding authority as may be notified by the Government in the Official Gazette, shall compound the offence committed under this Act or the rules framed thereunder. The said authority shall discharge the offender by recovering a sum of money not less than fifty percent of the maximum amount of fine prescribed under this Act or the rules framed thereunder. However, if the violation relates to registration of shops or commercial establishments, in that case the amount of fee as may be prescribed shall be recovered from the offender in full in addition to the amount of fine :Provided that no offence of the same nature shall be compoundable if it is committed more than twice in a year.(2)An appeal against the order of the compounding authority shall lie within thirty days from the date of the order of the compounding authority before the appellate authority as may be notified by the Government and whose decision shall be final :Provided that no appeal shall be maintainable unless the amount of fine is deposited with the said authority.(3)No penalty shall be imposed unless the person concerned is given a notice in writing informing him of the grounds on which it is proposed to impose a penalty.(4)The compounding authority and the appellate authority shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (Act 5 of 1908), while exercising any powers under this section, in respect of the following matters, namely :-(i)summoning and enforcing the attendance of witnesses;(ii)requiring the discovery and production of any document;(iii)requisitioning any public record or copy thereof from any court or office;(iv)receiving evidence on affidavit; and(v)issuing commissions for the examination of witnesses or documents.]
