Optional Grouping: Settlement and Rehabilitation

If you have failed to comply with the provisions of the Act or the Rules of the child labour law then the law provides alternatives to criminal prosecution. The law allows you to as they say in legal terms “Compound Offences”. Compounding means to settle. You can compound the offence committed if you are one of the two categories of persons:

• Someone who commits an offence for the first time.
• A parent or a guardian who commits an offence by not complying with the child labour provisions and law.

To compound an offence, follow these steps:

1. You should make an application and approach the District Magistrate only after paying the money for the application.
2. The money to be paid with the application to the Central Government has to be:
   • 50% of the maximum fine of the offence
   • You will be levied an additional 25% of the maximum fine for the offence if you don’t pay the amount within the specified period.
3. Once you pay the amount then the District Magistrate will issue you a “Certificate of Compounding”.

If you fail to pay the amount, then the proceedings of the case will be continued in accordance with the child labour laws that is, you can be tried and punished, but if you do pay the amount, then you cannot be taken to court for the offence since you have already paid and settled it.

A Child Labour Rehabilitation-cum-Welfare Fund is a fund which is established for every one or two districts. The fine paid by the employer is deposited into this Fund.

Further, the Government has to deposit Rs.15000 more for each for each child or adolescent for whom the employer has been fined.

This Fund is managed by a Bank. Any interest on the money in the bank, will go to the child.

Any adolescent/child who has been employed illegally will be rehabilitated as per the Juvenile Justice (Care and Protection of Children) Act, 2015 which is the law in India for rehabilitation of children.