(1) Any offence punishable under this Act, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a Gazetted Officer, as the State Government may, by notification, specify, with fine provided for such offence, in the manner as may be prescribed.
(2) Nothing contained in sub-section (1) shall apply to an offence committed by a person for the second time or thereafter within a period of five years from the date—
(a) of commission of a similar offence which was earlier compounded;
(b) of commission of similar offence for which such person was earlier convicted.
(3) Every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the State Government.
(4) Every application for the compounding of an offence shall be made in such form and manner as may be prescribed.
(5) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded.
(6) Where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (1) in writing, to the - 13 - notice of the Court in which the prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged.
(7) Any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty per cent. of the maximum fine provided for the offence, in addition to such fine.
(8) No offence punishable under the provisions of this Act shall be compounded except under and in accordance with the provisions of this section.
Chapter 9 Miscellaneous Protection of action taken in good faith
25. No suit, prosecution or legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.
Power to exempt
26. The State Government may, by notification in the Official Gazette, exempt from the operation of all or any of the provisions of this Act or rules, shop or establishment or class thereof or any employer or worker or person or class of employers or workers or persons to whom this Act applies for any period on such terms and conditions, as it may thinks fit.
Not in derogation of other laws 27 The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law for the time being in force of this Act.
Power to make rules 28 (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, the State Government may make rules regarding all or any of the following matters; namely-
(a) Authority, form and procedure in which application shall be made under sub section (2) of section 5, labour identification number under sub section (3) and the procedure of getting labour identification number under sub-section (4);
(b) Measurement to be made by the employer in relation to health and safety (in which sanitary, light, air and prevention of fire is also include) of the employees under sub section (1) section 7;
(c) Matters provided by the rules under sub section (4) of section 8;
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(d) The conditions under sub section (5) of section 8, in which certain categories of employees the sub section (1) and (2) of that section shall be applicable;
(e) The rate of highest amount of wages under section 9;
(f) The provisions of sufficient toilet and urinal under section 13 and provisions of elementary treatment facility under section 15;
(g) The qualification of Facilitator under sub section (1) of section 17, such conditions in which the Facilitator shall be exercised his powers under sub section (4) and perform duties under sub clause (e) of clause (u) of sub section (4);
(h) The register and records maintained by employer under sub section (1) section 18.
(i) The form and procedure given in annual report (in which as electronic is also include) and that authority such details shall be given;
(j) The procedure of compounding under sub section (1) of section 24 and the forms and procedure of application for such compounding under sub section (4);
(k) any other matters which is or may be prescribed;
(3) Every rule made under this Act shall be laid, as soon as may be, after it is made, before each House of the State Legislature Power to remove difficulties 29 (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty :
Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.
Repeal and Savings 30 (1) The Uttar Pradesh Uttar Pradesh Dookan aur Vanijya Adhishthan Adhiniyam, 1962 (as applicable to the State of Uttrakhand and to the context of the State of Uttarakhand), is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken - 15 - under the said Act shall be deemed to have been done or taken under this Act is not in consistent of the provision of this Act.
(3) The details of special matters in this section for the purpose of affect of this repeal shall not be determined contradictory of general use or affected to him of the provision of section 6 of the General Clauses Act, 1897.