Amendment status not verified — confirm the current text below against the official source.
Powers of the Board and Children's Court.—Where the Board or a Children Court has been constituted for any area such Board or court shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise 'expressly provided in this Act, have power to deal exclusively with all proceedings under this Act relating to neglected children or delinquent children, as the case may be: Provided that a Board or a Children's Court may, if it is of opinion that it is necessary so to do having regard to the circumstances of the case, transfer any proceedings to any Children's Court or Board as the case may be: Provided further that where there is any difference of opinion between a Board and a Children's Court regarding the transfer of any proceedings under the first proviso, it shall be referred to the Chief Judicial Magistrate of the District for decision and in a case where the District Magistrate is functioning as Chairman or a Member of the Board or, as the case may be, where the Chief Judicial Magistrate is functioning as a member of the Children's Court, such difference of opinion shall be referred to the Court of Session, and the decision of the Chief Judicial Magistrate or, as the case may be, the Court of Sessions, on such reference shall be final. (2) (a) Where no Board has been constituted for any area, the powers conferred on the Board by or under this Act shall be exercised in that area by the District Magistrate or the Sub-Divisional Magistrate as the State Government may appoint by notification in the official Gazette. (b) Where no Children's Court has been constituted for any area, the power conferred on the Children's court by or under this Act shall be exercised in the area by the Chief Judicial Magistrate or the Sub-Divisional Judicial Magistrate. (3) The powers conferred on the Board or Children's Court by or under this Act, may also be exercised by the High Court and the Court of Session, when the proceeding comes before them in appeal, revision or otherwise.