# The Equal Remuneration Act, 1976, Section 11A: Composition of offences

- Act: The Equal Remuneration Act, 1976 (Act 25 of 1976)
- Source URL: https://indiacode.ecourtsindia.com/equal-remuneration-act-1976/section/11A/

## Text

(1) Any offence punishable under this Act with fine only or with imprisonment up to one month or with both shall be compounded on the application of accused before or after institution of persecution by a competent authority notified by the State Government, after imposing 50% of the fine for the offence as compounding fee along with the prescribed fine; Provided that remedy for compounding shall be available for the first offence only. (2) Every officer referred to in sub-section (1) shall exercise the power to compound an offence, subject to direction, control and supervision of the State Government. (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 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 notice of the court in which 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." [Vide Uttar Pradesh Act 17 of 2018, s. 2] 1[12. Cognizance and trial of offences .- (1) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act. (2) No court shall take cognizance of an offence punishable under this Act except upon- (a) its own knowledge or upon a complaint made by the appropriate Government or an officer authorised by it in this behalf, or 1. Subs. by Act 49 of 1987, s. 4, for section 12 (w.e.f. 16-12-1987). (b) a complaint made by the person aggrieved by the offence or by any recognised welfare institution or organisation. Explanation .- For the purposes of this sub-section "recognised welfare institution or organisation" means a social welfare institution or organisation recognised in this behalf by the Central or State Government.]

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