Section 349 in The West Bengal Motor Vehicles Rules, 1989
349. Compounding of offences.
(1)Subject to the provisions made under sub-sections (1) and (2) of section 200 of the Act, the officers vested with the powers of compounding offences shall prepare notice is three copies as nearly as in Form "Comp. Penal" before or after the prosecution, as the case may be.(2)The offending driver or owner of the motor vehicle shall apply to the Compounding Officer affixing seventy-five paise Court-fee stamp thereon to the effect that he or they, as the case may be, is/are agreeable to the compounding of the offence and to the payment of agreed sum of money.(3)The original copy of the notice as referred to under sub-rule (1) shall be handed over to the offending owner of the vehicle with a direction to deposit the compounding sum in the Motor Vehicles Department, Traffic Office of [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.] Police/Office of the Director, Public Vehicles Department, [Kolkata] [Substituted vide section 5 of the West Bengal Capital City (Change of Name) Act, 2001 (West Bengal Act 18 of 2001) (w.r.e.f. 1.1.2001) for the word 'Calcutta'.] as the case may be, within seven days from the date of issue of such notice on proper acknowledgement on the duplicate copy of the notice and the duplicate copy of the notice shall be forwarded to the concerned officer of the Motor Vehicles Department so that the latter may maintain records of cases compounded and/or take action in cases where the offending driver/owner fails to deposit the agreed amount within the specified period of seven days, and the triplicate copy of the notice be retained with the notice book.(4)The Compounding Officer shall seize the required document or vehicle. as the case may be. which will be necessary for prosecution, on proper seizure list.(5)On depositing the compounding amount as agreed by the driver or the owner, the officer who receives such agreed amount shall send a report to the Compounding Officer furnishing particulars of deposit and the Compounding Officer upon receipt of such report shall comply with the provisions under sub-section (2) of section 200 of the Act.(6)If the driver or the owner fails to deposit the agreed amount as mentioned under sub-rule (2), the officer shall arrange for submission of the prosecution against the offending driver or owner in the Court of law in details.(7)The Court while taking cognizance of the offence or awarding a punishment shall take into consideration of the agreed amount as prayed for by the driver or the owner as envisaged under sub-rule (2).
