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Section 12: Penalties

The Shimla Road Users and Pedestrians (Public Safety and Convenience) Act, 2007State Act of Himachal Pradesh · Act 2 of 2008

(1) Whoever contravenes any of the terms and conditions of the pass, shall be punishable with a fine of Rs. 2000 or undergo simple imprisonment of 10 days in default thereof:

Provided that each such offence may be compounded on the spot by a Police Officer in uniform not below the rank of 2[Assistant Sub-Inspector] for a compounding fee of Rs. 1000.

1 Subs. for the words and sign “Sub-Inspector” vide Act No. 22 of 2015.

2 Subs. for the words and sign “Sub-Inspector” vide Act No. 22 of 2015.

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(2) Subject to sub-section (1), whoever contravenes any of the provisions of this Act, shall be punishable with a fine of Rs. 3000 or undergo simple imprisonment of 15 days, in default thereof:

Provided that a police officer in uniform not below the rank of 1[Assistant Sub-Inspector] may compound the offence on the spot for a compounding fee of Rs. 1500.

(3) If any person fails to pay the compounding fee, the Registration Certificate of the vehicle shall be impounded along with the Driving License of such person and the case shall be forwarded to the Judicial Magistrate, having jurisdiction.

13. Summary disposal of cases. (1) The Judicial Magistrate taking cognizance of any offence under this Act, shall state upon the summons to be served on the accused person that he—

(a) may appear by pleader or in person; or

(b) may, by specified date prior to the hearing of the charge, plead guilty to the charge and remit to the Court, by money order, the fine specified for the offence, and the plea of the guilt indicated in the money order coupon itself.

(2) If the offence is not compounded, within 15 days of the commission of offence, as provided under section 12 of this Act, the police officer in uniform shall present the complaint along with conviction slip in the court of Chief Judicial Magistrate or the Judicial Magistrate, having jurisdiction, who shall, thereafter, within 30 days of the commission of offence, proceed further under sub-section (1).

(3) The Court after having convicted the accused person of an offence under this Act, shall send the conviction slip to the District Magistrate concerned for taking further necessary action.

Where this provision sits

ActThe Shimla Road Users and Pedestrians (Public Safety and Convenience) Act, 2007
Section12
Marginal notePenalties
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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