Industrial Relations (Andhra Pradesh) Rules, 2026 · Rule 40

Rule 40: Manner of composition of offence by a Gazetted Officer and the manner

Rule 40 of the Industrial Relations (Andhra Pradesh) Rules, 2026 operationalises Manner of composition of offence by a Gazetted Officer and the manner. It belongs to the notice / service layer of the Industrial Relations Code framework in Andhra Pradesh. The provision directly involves State Government.

Final State RuleG.O.Rt.No.111; Andhra Pradesh Gazette No.300, 12 June 2026Effective 12 June 2026

Finin2min 2-minute summary

Jurisdiction: Andhra Pradesh. This page explains a State rule under the Industrial Relations Code, 2020; other States may prescribe different procedure/forms.

Full notified Rule text

40. Manner of composition of offence by a Gazetted Officer and the manner of making application for compounding of any offence.– (1) The officer notified by the State Government for the purposes of compounding of offences under sub- section (1) of section 89 (hereinafter referred to as the compounding officer) shall, if he is of the opinion that any offence under the Code for which the compounding is permissible under the said section and in respect of which prosecution is not instituted, send a notice to the accused in Form XV consisting of three parts through the designated portal of the State Labour Department. (2) In Part I of Form XV, the compounding officer shall, inter alia, specify–– (a) the name of the offender and his other particulars; (b) the details of the offence and the section under which the offence has been committed; and (c) the compounding amount required to be paid towards the composition of such offence. (3) In Part II of the Form XV, the compounding officer shall specify the consequences if the offence is not compounded, and Part III of the said Form shall contain the application to be filed by the accused, if he desires to compound the offence. (4) Each notice referred to in sub-rule (1) shall have a continuous unique number containing alphabets or numerical and other details such as compounding officer concerned, industrial establishment, year, place and type of inspection for the purpose of easy identification. (5) The accused to whom the notice referred to in sub-rule (1) is served, may send the duly filled up application in Part III of the notice, in the account specified by the compounding officer in the notice, Form XV to the compounding officer electronically and deposit the compounding amount electronically, or by cash, or demand draft, as the case may be, within fifteen days of the receipt 32 33 (6) Where the prosecution has already been instituted against the accused in the court of competent jurisdiction, the accused may make an application to such court to allow composition of the offence against him and that court may, after considering the application, allow composition of the offence by the compounding officer in accordance with the provisions of section 89 and procedure specified in this rule. (7) If the accused complies with the requirement of sub-rule (5), the compounding officer shall compound the offence for the amount of money deposited by the accused and–– (a) if the offence is compounded before the institution of prosecution, then, no complaint for prosecution shall be instituted against the accused; (b) if the offence is compounded pending proceeding under section 85, the compounding officer shall intimate the composition to the officer referred to in that section, who shall, after intimation, close the proceeding in respect of the accused person of such offence; and (c) if the offence is compounded after the institution of prosecution under sub-rule (6) with the permission of the court, then, the compounding officer shall treat the case as closed and intimate the composition of the offence to the competent court by which such composition was allowed and after receiving such intimation, the court shall discharge the accused person and close the prosecution. (8) The compounding officer shall exercise the powers to compound offence under this rule, subject to the direction, control and supervision of the State Government. CHAPTER XIII MISCELLANEOUS

Gazette / notified rule source

Clause / sub-rule explanation

Clause (2)

(2) In Part I of Form XV, the compounding officer shall, inter alia, specify––

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (a)

(a) the name of the offender and his other particulars;

Read this clause with the rule heading, defined terms and the cited Code section. Its legal effect depends on the actor, trigger and any qualification stated in the text.

Clause (b)

(b) the details of the offence and the section under which the offence has been committed; and

Read this clause with the rule heading, defined terms and the cited Code section. Its legal effect depends on the actor, trigger and any qualification stated in the text.

Clause (c)

Read this clause with the rule heading, defined terms and the cited Code section. Its legal effect depends on the actor, trigger and any qualification stated in the text.

Clause (3)

(3) In Part II of the Form XV, the compounding officer shall specify the consequences if the offence is not compounded, and Part III of the said Form shall contain the application to be filed by the accused, if he desires to compound the offence.

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (4)

(4) Each notice referred to in sub-rule (1) shall have a continuous unique number containing alphabets or numerical and other details such as compounding officer concerned, industrial establishment, year, place and type of inspection for the purpose of easy identification.

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (5)

(5) The accused to whom the notice referred to in sub-rule (1) is served, may send the duly filled up application in Part III of the notice, in the account specified by the compounding officer in the notice, Form XV to the compounding officer electronically and deposit the compounding amount electronically, or by cash, or demand draft, as the case may be, within fifteen days of the receipt 32 33

This clause confers a power or discretion rather than an automatic entitlement. Record the competent authority, trigger and any conditions attached to exercise of that power.

Clause (6)

(6) Where the prosecution has already been instituted against the accused in the court of competent jurisdiction, the accused may make an application to such court to allow composition of the offence against him and that court may, after considering the application, allow composition of the offence by the compounding officer in accordance with the provisions of section 89 and procedure specified in this rule.

This clause confers a power or discretion rather than an automatic entitlement. Record the competent authority, trigger and any conditions attached to exercise of that power.

Clause (7)

(7) If the accused complies with the requirement of sub-rule (5), the compounding officer shall compound the offence for the amount of money deposited by the accused and––

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (a)

(a) if the offence is compounded before the institution of prosecution, then, no complaint for prosecution shall be instituted against the accused;

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (b)

(b) if the offence is compounded pending proceeding under section 85, the compounding officer shall intimate the composition to the officer referred to in that section, who shall, after intimation, close the proceeding in respect of the accused person of such offence; and

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (c)

(c) if the offence is compounded after the institution of prosecution under sub-rule (6) with the permission of the court, then, the compounding officer shall treat the case as closed and intimate the composition of the offence to the competent court by which such composition was allowed and after receiving such intimation, the court shall discharge the accused person and close the prosecution.

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Who acts under this Rule?

State Government

Thresholds / timelines in the Rule

No standalone numeric/time threshold extracted from the notified rule text.

Practical application

Example: when a 'Manner of composition of offence by a Gazetted Officer and the manner' issue arises in Andhra Pradesh, the compliance owner should first identify the actor and trigger in Rule 40, then complete the prescribed notice/form/procedure and preserve documentary evidence before relying on the outcome.

Compliance reading

Do not apply this Rule in isolation. Confirm the enabling Industrial Relations Code provision, defined terms, prescribed forms and any subsequent amendment, State notification or judicial interpretation. Where the Rule allocates a power to an authority, verify the currently notified competent authority before filing.

Q&A

What does Andhra Pradesh Industrial Relations Rule 40 cover?

Is Rule 40 a Central or State rule?

It is a final Andhra Pradesh State rule under the Industrial Relations Code, 2020. It should not be substituted for another State's rules or the Central Rules.

What should an employer or worker verify before acting?

Verify the Industrial Relations Code provision linked to the issue, the complete text of Rule 40, any prescribed form, the current Andhra Pradesh Gazette and any later amendment/corrigendum.

Does the notified rule itself contain a timeline or threshold?

No standalone numeric threshold was automatically extracted from this rule; the operative condition may be qualitative or contained in a linked Code provision/form.

What evidence should be retained?

Keep the prescribed application/notice/form, proof of service or filing, authority acknowledgement/order and the internal record showing how the statutory trigger and deadline were checked.

Navigation

← Previous Rule · Next Rule →