Chapter II COMPETENT AUTHORITIES AND INSTITUTIONS FOR CHILDREN

4. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898, the Government may, by notification, 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 court under this Act.

1. (2) A children's court shall consist of such number of magistrates forming a Bench as the Government think fit to appoint, of whom one shall be designated as the senior magistrate and not less than one shall be a woman; and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1898, on a magistrate of the first class.

5. (1) In the event of any difference of opinion among the magistrates of a children's court the opinion of the majority shall prevail, but where there is no such majority, the opinion of the senior magistrate shall prevail.

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

6. (1) Where a children's court has been constituted for any area, such 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 and delinquent children.

1. (2) Where no children's court has been constituted for any area, the powers conferred on the children's court by or under this Act shall be exercised in that area, only by the following, namely:, (a) the district magistrate; or
   • (b) any magistrate of the first class.
2. (3) The powers conferred on 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.

7. (1) When any magistrate not empowered to exercise the powers of 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 forward the child and the record of the proceeding to the competent authority having jurisdiction over the proceeding.

1. (2) The competent authority to which the proceeding is forwarded under sub-section (1) shall hold the inquiry as if the child had originally been brought before it.

8. (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.

1. (2) Where the Government is of opinion that any institution other than an institution established under sub-section (1) is fit for the reception of the neglected children to be sent there under this Act, they may certify such institution as a children's home for the purposes of this Act.
2. (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.
3. (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.

9. (1) The Government may establish and maintain as many special schools as may be necessary for the reception of delinquent children under this Act.

1. (2) Where the Government is of opinion that any institution other than an institution established under sub-section (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.
2. (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 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.
3. (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.

10. (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 any inquiry regarding them under this Act.

1. (2) Where the Government is of opinion that any institution other than an institution established under sub-section (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.
2. (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.
3. (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.

11. (1) The Government, may, by rules made under this Act, provide for the establishment or recognition of aftercare organisations and may vest them with such powers as may be necessary for effectively carrying out their functions under this Act.

1. (2) Every such organisation shall take care of the children when they leave children's homes 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.

12. (1) For securing effective supervision of children's home, special schools, observation homes and aftercare organisations established or certified or recognised under the provisions of sections 8, 9, 10, and 11, the Government shall constitute a Board of Visitors consisting such number of members as the Government may deem necessary.

1. (2) The Board of Visitors constituted under sub-section (1) shall have the right to visit any children's home, observation home, special school or aftercare organisation and to record their comments on any matter it may think fit.
2. (3) Copies of comments of the Board of Visitors referred to in sub-section (2) shall as soon as may be after they are recorded, be forwarded by the managers of the children's home, observation home, special school and aftercare organisation to the Sikkim State Children Welfare Advisory Board.

13. (1) The Government shall appoint a board to be called the Sikkim State Children Welfare Advisory Board.

1. (2) Such Board shall consist of such number of members as the Government may consider necessary and shall advise the Government generally in regard to the administration of this Act and more particularly in regard to the control and management of the children's homes, observation homes, special schools and aftercare organisations established, certified or recognised under sections 8, 9, 10 and 11 after considering the comments of the Board of Visitors.

14. (1) The Government may appoint a Chief Child Welfare Inspector and as many Inspectors and Assistant Inspectors as it thinks fit to assist the Chief Child Welfare Inspector: Provided that one of such Inspectors and Assistant Inspectors shall be a woman.

1. (2) Every children's home, observtaion home, special school and aftercare organisation shall be inspected at least once in every three months by the Chief Child Welfare Inspector or by an Inspector or Assistant Inspector: Provided that when children's home or school or other organisation referred to in sub-section (2) is exclusively used for the reception of girls only, such inspection shall be conducted either by the Chief Child Welfare Inspector or by a woman Inspector or Assistant Inspector.

15. Every inmate of children's home, observation home, special school or after care organisation established, certified or recognised under sections 8, 9, 10 and 11 may, as soon as practicable after his admission to such home, school or organisation and at such intervals thereafter as may be specified by the Government by a notification, and also whenever so required by the managers of such homes or schools, be examined by a Medical Officer authorised in this behalf by the Government and a report of such medical examination shall forthwith be sent by the Medical Officer to the manager of the homes or schools and to the Chief Child Welfare Inspector: Provided that in the case of homes or schools used for the reception of girls only, such medical officer, shall, whenever practicable, be a woman.