Section 46A in Tamil Nadu Shops and Establishments Act, 1947
46A. [ Compounding of Offences [Inserted By Tamil Nadu Act 18 of 1999, S.2 (with effect from 10th August, 1999)]
(1)Any offence punishable under section 45 or any rule made under section49 may, either before or after the institution of the prosecution, be compounded by the Commissioner of Labour or such other officer as may be authorised in this behalf by the Commissioner of Labour, on payment, for credit to the State Government, of such sum as the Commissioner of Labour or such other officer may specify:Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this Act for the offence so compounded.(2)Nothing contained in sub-section (1) shall apply to a person who commits the same or similar offence within a period of three years from the date on which the first offence, committed by him, was compounded.Explanation. - For the purpose of this sub-section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence.(3)Where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender, in respect of the offence so compounded and the offender, if in custody, shall be discharged forthwith.(4)No offence punishable under this Act shall be compounded except as provided by this section.]
