Chapter II COMPETENT AUTHORITIES AND INSTITUTIONS FOR CHILDREN

Child Welfare Boards.-(1) The Government may, by notification in the Government Gazette, constitute for any area specified in the notification, one or more Child Welfare Boards for exercising the powers and discharging the duties conferred or imposed on such Board in relation to neglected children under this Act.

1. (2) A Board shall consist of a Chairman and such other member as the Government thinks fit to appoint, of whom not less than one shall be a woman; and every such member may be invested with the powers of a judicial magistrate under the Code of Criminal Procedure, Svt. 1989.
2. (3) After the members of a Board are invested with the powers of a judicial magistrate it shall, notwithstanding anything contained in the Code of Criminal Procedure, Svt. 1989, function as a Bench of such magistrates and shall have all the powers conferred by the Code of Criminal Procedure, Svt. 1989, on a judicial magistrate of the first class in respect of cases under this Act.

Children's Courts.-Notwithstanding anything contained in the Code of Criminal Procedure, Svt. 1989, the Government may, in consultation with the High Court, by notification in the Government Gazette, constitute for any area specified in the notification, one or more children's courts for exercising the powers and discharging the duties conferred or imposed on such courts in relation to delinquent children under this Act.

Procedure, etc. in relation to Boards.-(1) In the event of any difference of opinion among the members of a Board, the opinion of the majority shall prevail, but where there is no such majority, the opinion of the Chairman shall prevail.

1. (2) A Board may act notwithstanding absence of any member of the Board and no order made by the Board shall be invalid by reason only of the absence of any member, as the case may be, during any stage of the proceeding.
2. (3) No person shall be appointed as a member of the Board unless he has, in the opinion of the Government, special knowledge of child psychology and child welfare.

Power of Board and Children's Court.--

1. (1) Where a Board or a children's 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.
2. (2) Where no Board or Children's Court has been constituted for any area, the powers conferred on a Board or the children's court by or under this Act shall be exercised in that area, only by the following, namely :-
   • (a) any District Magistrate; or
   • (b) any Judicial Magistrate of the first class as the Government may, in consultation with the High Court, specify.
3. (3) The powers conferred on a Board or the 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.

Procedure to be followed by a magistrate not empowered under the Act.--

1. (1) When any magistrate, not empowered to exercise the powers of a Board or a children's court under this Act, is of opinion that a person brought before him under any of the provisions of this Act (otherwise than for the purpose of giving evidence) is a child, he shall record such opinion and submit the proceedings and the record of the proceeding to the competent authority having jurisdiction over the proceeding.
2. (2) The competent authority to which the proceeding is so submitted shall either inquire into the matter itself or cause the matter to be inquired into by a Board or a Children's Court or such other magistrate as it deems fit and may, thereafter, pass such orders as it may deem fit as if the child had originally been brought before it.

Children's Home.--

1. (1) The Government may establish and maintain as many children's homes as may be necessary for the reception of neglected children under this Act.
2. (2) Where the Government is of opinion that any institution other than an institution established under sub-section
3. (1) is fit for the reception of the neglected children to be sent there under this Act, it may certify such institution as a children's home for the purposes of this Act.
4. (3) Every children's home to which a neglected child is sent under this Act shall not only provide the child with accommodation, maintenance and facilities for education but also provide him with facilities for the development of his character and abilities and give him necessary training for protecting himself against moral dangers or exploitation and shall also perform such other functions as may be prescribed.
5. (4) The Government may, by rules made under this Act, provide for the management of children's homes and the circumstances under which, and the manner in which, the certificate of a children's home may be granted or withdrawn.

Special Schools.--

1. (1) The Government may establish and maintain as many special schools as may be necessary for the reception of delinquent children under this Act.
2. (2) Where the Government is of opinion that any institution other than an institution established under sub-section
3. (1) is fit for the reception of the delinquent children to be sent there under this Act, it may certify such institution as a Special School for the purposes of this Act.
4. (3) Every special school to which a delinquent child is sent under this Act shall not only provide the child with accommodation, maintenance and facilities for education but also provide him with facilities for the development of his character and abilities and give him necessary training for his reformation and shall also perform such other functions as may be prescribed.
5. (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 in which, the certificate of a special school may be granted or withdrawn.

Observation Homes.--

1. (1) The Government may establish and maintain as many observation homes as may be necessary for the temporary reception of children during the pendency of inquiry regarding them under this Act.
2. (2) Where the Government is of opinion that any institution other than an institution established under sub-section
3. (1) is fit for the temporary reception of children during the pendency of any inquiry regarding them under this Act, it may recognise such institution as an observation home for the purposes of this Act.
4. (3) Every observation home to which a child is sent under this Act, shall not only provide the child with accommodation, maintenance and facilities for medical examination and treatment, but also provide him with facilities for useful occupation.
5. (4) The Government may, by rules made under this Act, provide for the management of observation homes and the circumstances under which, and the manner in which, an institution may be recognised as an observation home or the recognition may be withdrawn.

After-care Organisations.--

1. (1) The Government may, by rules made under this Act, provide for the establishment or recognition of after-care organisations and may vest them with such powers as may be necessary for effectively carrying out their functions under this Act.
2. (2) Every such organisation shall take care of the children when they leave children's homes or special schools and shall, for the purpose of enabling them to lead an honest, industrious and useful life, take all such measures as it may deem necessary or as may be prescribed.