Section 9
Penalty.
The Sales Promotion Employees (Conditions of Service) Act, 1976
About this Act
An Act to regulate certain conditions of service of sales promotion employees in certain establishments.
If any employer contravenes the provisions of section 4 or section 5 or section 7 or any
rules made under this Act, he shall be punishable with fine which may extend to one thousand rupees.
STATE AMENDMENT
Union Territory of Jammu and Kashmir and Ladakh
Insertion of new section-After section 9, insert-
"9A. Compounding of offences.-(1) Any offence punishable under sections 4, 5 and 7 or any rules made under this Act may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by payment of compounding amount not more than fifty thousand by such officer or authority as the appropriate Government may, by notification in the Official Gazette, specify in this behalf:
Provided that the appropriate Government may, by notification in the Official Gazette, amend the said specified compounding amount:
Provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable:
Provided also that such offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further:
(2) Where an offence has been compounded under sub-section (1), no further proceedings shall be taken against the offender in respect of such offence in respect of such offence and the offender, if in custody, shall be released or discharged.".
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, vide Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10- 2020).]
STATE AMENDMENT
Union Territory of Jammu and Kashmir and Ladakh
Insertion of new section-After section 9, insert--
"9A. Compounding of offences.--(1) Any offence punishable under sections 4, 5 and 7 or any rules made under this Act may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by payment of compounding amount not more than fifty thousand by such officer or authority as the appropriate Government may, by notification in the Official Gazette, specify in this behalf:
Provided that the appropriate Government may, by notification in the Official Gazette, amend the said specified compounding amount:
Provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable:
Provided also that such offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further:
(2) Where an offence has been compounded under sub-section (1), no further proceedings shall be taken against the offender in respect of such offence in respect of such offence and the offender, if in custody, shall be released or discharged.".
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, vide Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10- 2020).]
STATE AMENDMENT
Union Territory of Jammu and Kashmir and Ladakh
Insertion of new section-After section 9, insert-
"9A. Compounding of offences.-(1) Any offence punishable under sections 4, 5 and 7 or any rules made under this Act may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by payment of compounding amount not more than fifty thousand by such officer or authority as the appropriate Government may, by notification in the Official Gazette, specify in this behalf:
Provided that the appropriate Government may, by notification in the Official Gazette, amend the said specified compounding amount:
Provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable:
Provided also that such offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further:
(2) Where an offence has been compounded under sub-section (1), no further proceedings shall be taken against the offender in respect of such offence in respect of such offence and the offender, if in custody, shall be released or discharged.".
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, vide Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10- 2020).]
STATE AMENDMENT
Union Territory of Jammu and Kashmir and Ladakh
Insertion of new section-After section 9, insert--
"9A. Compounding of offences.--(1) Any offence punishable under sections 4, 5 and 7 or any rules made under this Act may, either before or after the institution of the prosecution, on an application by the alleged offender, be compounded by payment of compounding amount not more than fifty thousand by such officer or authority as the appropriate Government may, by notification in the Official Gazette, specify in this behalf:
Provided that the appropriate Government may, by notification in the Official Gazette, amend the said specified compounding amount:
Provided further that the offences of the same nature committed by the same offender for more than three occasions shall not be compoundable:
Provided also that such offences shall be compounded only after the alleged offender has acted to the satisfaction of such officer or authority that such offence is not continued any further:
(2) Where an offence has been compounded under sub-section (1), no further proceedings shall be taken against the offender in respect of such offence in respect of such offence and the offender, if in custody, shall be released or discharged.".
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, vide Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10- 2020).]