Amendment status not verified — confirm the current text below against the official source.
Procedure, etc, m relation to children's courts -(1) In the event of any difference of opmion among the magistrates of a chtldren's court, the opmion of the majority shall preva1l, but where there is no such maJority, the opimon of the senior Magistrate shall prevatl (2) A chtldren's court may act notwithstanding the absence of any magistrate and no orders made by the children's court shall be mvalid by reason only of the absence of any magistrate, dunng any stage of the proceedmg (3) No person shall be appOinted as a mag1strate of a chtldren's court unless he has, in the opimon of the Govern- ment, special knowledge of child psychology and chtld welfare. 6 Powers of children's court -(1) Where a children's court has been constituted for any area, such court shall, notwithstandmg anythmg contamed m any other law for the time being m force but save as otherwtse expressly provided in this Act, have power to deal exclusively with all proceed- ings under th1s Act relatmg to neglected children and delm- quent children (2) Where no children's court has been constituted for any area, the powers conferred on the children's court by or under th1s Act shall be exercised m that area only by the following. namely :- ' (a) the dtstnct mag1strate; m· (b) the sub-diviswnal magistrate ; or (c) any mag1strate of 1he first clas~. ~-·- I 4 jJ I I I ~ - l1 (3) The powers conferred on the children's court by or under this Act may also be exerc1sed by the H1gh Court and the court of sesswn, when the proceedmg comes before them in appeal, reviswn or otherw1se. 7 Procedure to be foUowed by a magtstmte not em- powered under the Act -(1) When any magistrate not em- powered to exercise the powers of a children's court under this Act is of opmion that a person brought before him under any of the provisions of this Act ( otherw1se than for the purpose of g1vmg evidence) IS a child, he shall record such opimon and forward the chlld and the record of the proceedmg to the competent authonty havmg JUrisd1ct10n over the proceedmg. (2) The competent authonty to wh1ch the proceed1ng is forwarded under sub-sectwn (1) shall hold the mquiry as 1f the child had origmally been brought before 1i. 8 Chtldren's homes.-(1) The Government may establish and mamtam as many ch1ldren's homes as may be necessary, for the receptwn of neglected children under this Act (2) Where the Government are o:£ opmion that any mstltutwn other than an mstltut10n estabhshed under sub- section (1) 1s fit for the receptiOn of the neglected ch1ldren to be sent there under this Act, they may certify such mstitution as a children's home for the purposes of th1s Act (3) Every chidren's home to which a neglected child is sent under this Act shall not only provide the ch1ld w1th accommodation, maintenance and fac1hties for educatiOn, but also provide him With fac1lities for the development of his character and abilities and give him necessary trammg for protectmg himself agamst moral dangers or expl01tatlon and shall also perform such other functions as may be prescribed. (4) The Government may, by rules made under this ~ Act, provide for the management of ch1ldren's homes and the circumstances under which, and the manner in which, the certificate of a children's home may be granted or withdrawn. 9 Specwl schools -(1) The Government may establish and mamtam as many special schools as may be necessary for the reception of delinquent ch1ldren under this Act. 12 (2) Where the Government are of opm10n that any institution other than an mstitutwn established under sub- section (1) IS fit for the receptiOn of the dehnquent children to be sent there under th1s Act, they may certify such instl- iutwn as a special school for the purposes of this Act (3) Every special school to which a delmquent child is sent under this Act shall not only prov1de the child with accommodatiOn, mamtenance and fac1htles for education but also provide h1m w1th facilities for development of h1s character and abihties and g1ve h1m necessary traming for his reformation and shall also perform such other functiOns as may be prescnbed (4) The Government may, by rules made under this Act, provide for the management of special schools and the circumstances under which, and the manner m wh1ch, the certificate of a special school may be granted or withdrawn 10 Observatwn homes -(1) The Government may esta- blish and mamtam as many observatiOn homes as may be necE>ssary for the temporary reception of cluldren durmg th€ pendency of any mqmry regardmg them under this Act (2) Where the Government are of opm10n that any mstitut10n other than an mstitutiOn established under sub-section (1) IS fit for the temporary receptiOn of ch1ldren durmg the pendency of any mqu1ry regardmg them under th1s Act, they may recogmse such mstltutwn as an observation home for the purposes of th1s Act. (3) Every observatiOn home to which a child is sent under this Act shall not only provide the child With accom- modation, maintenance and facihties for medical examination and treatment, but also provide him w1th facilities for useful occupation. (4) The Government may, by rules made under this Act, provide for the management of observatiOn homes and the circumsances under wh1ch, and the manner In which, an institution may be recogmsed as an observation home or the recogmtion may be withdrawn 11 Aftercare organisatwns -(1) The Government may, by rules made under this Act, provide for the establishment or recogmtion of aftercare organisations and may vest them with I I I '!I I I 1 13 such powers as may be necessary for effectively carrying out their functions under this Act. (2) Every such orgamsation shall take care of the children when they leave children's homes and shall, for the purpose of enabling them to lead an honest, mdustnous and useful life, take all such measures as It may deem necessary or as may be prescnbed CHAPTER Ill Neglected children