section 21
Compounding of offences
The Chhattisgarh Ground Water (Management and Regulation) Act, 2022Environmental202230 sections6 chapters
Chapter V VIOLATION, OFFENCES AND PENALTIES
Statutory text
- (1) An offence punishable under this Act may be compounded on the application of the accused before or after the institution of the prosecution. It will be done by an officer not below the rank of Executive Engineer or such officer as notified by the State Government from time to time; when an application for compounding is so received by the officer authorised to do compounding may after imposing a compounding fee and depositing it in government interest, which shall not be less than Rs 20,000/- but may not exceed Rs 10 Lakhs and 50% of the maximum fine prescribed with the water tax and other cess etc. as applicable on the quantity.
- (2) Every officer referred to in sub section
- (1) of Section 21 shall exercise the powers to compound an offence subject to the direction, control and supervision of the Appropriate Body.
- (3) Every application for the compounding of an offence shall be made in such form and in such manner as may be prescribed.
- (4) 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.
- (5) Where the compounding of any offence is made after the institution of any prosecution, such compounding shall be brought by the officer referred to in sub-section
- (1) in writing to the notice of the Court in which prosecution is pending and on such notice of the compounding of the offence being given, the person against whom the offence is so compounded shall be discharged or acquitted.
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