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Union of India - Section

Section 50 in The Bureau of Indian Standards Rules, 2018

50. Compounding of offences.

(1)Any offence committed for the first time punishable under the Act may either before or after the institution of any prosecution, be compounded by an officer so authorised by Director General:Provided that the Director General shall authorise in writing, the Head of the Regional office or any other senior officer of the Bureau of equivalent rank, to be the compounding authority under this rule.
(2)[ Any person may, either before or after the institution of prosecution, make an application in Form -'A' to the compounding authority for composition of an offence as specified in section 33 of the Act.] [Substituted by Notification No. G.S.R. 1090(E), dated 6.11.2018 (w.e.f. 25.6.2018).]
(3)On receipt of an application under sub- rule (2), the compounding authority shall call for a report from the concerned branch office with reference to the particulars furnished in the application or any other information which may be considered relevant for examination of such application and a report shall be furnished by the branch office within a period of thirty days or within such extended period as may be allowed by the compounding authority, from the date of receipt of communication from the compounding authority.
(4)The compounding authority, after giving personal hearing to the applicant and after taking into account the contents of the said application may by order giving reasons of arriving at the decision, either allow the application indicating the compounding amount or reject such application:Provided that the application shall not be rejected unless an opportunity has been given to the applicant of being heard and the grounds of such rejection are mentioned in such order.Provided that the applicant shall not claim, as a matter of right, that his offence be compounded:Provided further that no compounding shall be allowed by the compounding authority where there are apparent contradictions, inconsistencies or incompleteness in the case of the applicant.
(5)A copy of order passed under sub- rule (4) shall be sent to the applicant by registered post or speed post or by e-mail at the address given in the application and also be placed on the website of the Bureau.
(6)Where the prosecution has already been instituted, the compounding authority may bring the composition, including the compounding amount, to the notice of the court by filing appropriate application, and shall be bound by the decision of the court on such application.
(7)The applicant shall within a period of thirty days from the date of receipt of order under sub-rule (4) allowing the compounding of offences, or order of the court under sub-rule (6), pay to the Bureau the compounding amount as ordered to be paid by the compounding authority or the court, as the case may be, and shall furnish the proof of such payment to the compounding authority:Provided that the compounding amount once paid shall not be refunded except in cases where the court rejects grant of immunity from prosecution for the same offence.
(8)The amount so compounded under this rule shall be as provided in the following table:
Sl. No. Offence specified under the Act Compounding amount
(1) (2) (3)
1 Sub-section (1) of section 29 fifty percent of the maximum and subject tominimum of twenty-five percent of the applicable fine.
2 Sub-section (2) of section 29 fifty percent of the maximum and subject to aminimum of one lakh rupees of the applicable fine.
3 Sub-section (3) of section 29 fifty percent of the maximum and subject to aminimum of two lakh rupees of the applicable fine.
(9)If the person has committed offences falling under more than one of the categories specified in the table in sub-rule (8), the amount so compounded, in such cases shall be the amount as determined for the offence for which a higher compounding amount has been prescribed.