Chapter II COMPETENT AUTHORITIES AND INSTITUTIONS FOR CHILDREN

1. (1) The State Government may, by notification in the official Gazette constitute a Child Welfare Board for exercising the powers and discharging the duties conferred or imposed on the Board in relation to neglected children under this Act.
2. (2) The Board shall consist of a Chairman and such other members as the State Government thinks fit to appoint, of whom not less than one shall be a woman; and every such members shall be vested with the powers of a Judicial Magistrate under the Code of Criminal Procedure, 1973 (Act 2 of 1974).
3. (3) The Board shall function as a Bench of Magistrate and shall have the powers conferred by the Code of Criminal Procedure, 1973 (Act 2 of 1974) on a Judicial Magistrate of the first class.

1. (1) Notwithstanding anything contained in the 'Code of Criminal Procedure, 1973 (Act 2 of 1974) the State Government may by notification in the official Gazette, constitute for any area specified in the notification, one or more Children's Court for exercising the powers and discharging the duties conferred or imposed on such court in relation to delinquent children under this Act.
2. (2) A Children's Court shall consist of such number of Judicial Magistrates forming a Bench as the State Government thinks fit to appoint, one of whom shall be designated as the senior Judicial Magistrate/Sub-Divisional Magistrate; and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 (Act 2 of 1974) on a Judicial Magistrate of the first class.
3. (3) Every Children's Court shall be assisted by a panel of two social workers drawn from either the voluntary social welfare organisations or from the Government organisations possessing such qualifications as may be prescribed, of whom at least one shall be a woman and such panel shall be appointed by the State Government;

1. (1) In the event of any difference of opinion among the members of the Board or among the Judicial Magistrates of a Children's Court, the opinion of the majority shall prevail, but where there is no such majority, the opinion of the Chairman or of the Senior Judicial Magistrate, as the case may be, shall prevail.
2. (2) A Board or Children's Court may act notwithstanding the absence of any member of the Board or, as the case may be, any Judicial Magistrate of the Children's Court, and no order made by the Board or Children's Court shall be invalid by reason only of the absence of any member or Judicial Magistrate, as the case may be, during any stage of the proceeding.
3. (3) No person shall be appointed as a member of the Board or as a Judicial Magistrate in the children's court unless he has, in the opinion of the State Government, special knowledge of child psychology and child welfare.

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.

1. (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.
2. (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.

1. (1) When a child is brought before the Judicial Magistrate or court not empowered to pass an order under this Act, such magistrate or such court shall forward the child to the competent authority having jurisdiction over the proceeding.
2. (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.

1. (1) The State Government may establish and maintain as many Children's Homes- cum-Observation Homes, as may be necessary for the reception of neglected child or delinquent child, as the case may be, for the temporary reception of a child during the pendency of any inquiry regarding him under this Act.
2. (2) Where the State Government is of opinion that any institution other than an institution established under subsection (1) is fit. for the reception of neglected child or for temporary reception of children during the pendency of any inquiry regarding them under this Act, or for reception of the neglected children to be sent there under this Act, it may certify such institution as a Children's Home-cum-Observation home for the purposes of this Act.
3. (3) Every Children's Home-cum-Observation home to which child concerned is sent under this Act shall not only provide the child with accommodation, maintenance and facilities for education, medical examination and treatment, but also provide him, with facilities for useful occupation, development of his character and abilities and give him necessary training for protecting himself against moral danger or exploitation and shall also perform such other functions as may be prescribed to ensure all round growth and development of his personality.
4. (4) The State Government may, by rules made under this Act provide for the management of Children Home-cumObservation home, including the standard and nature of service to be maintained by them and the circumstances under which, and the manner in which, the certificate of a Children's Home-cum-Observation Home may be granted or withdrawn.

1. (1) The State Government may establish and maintain as many special schools as may be necessary for the reception of delinquent children tinder this Act.
2. (2) Where the State Government is of opinion that' any institution other than an institution established under subsection (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.
3. (3) Every special school to which a delinquent child is sent under this Act shall, not only provide the child with accommodations, 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 function as may be prescribed to ensure all round growth and development of his personality.
4. (4) The State Government may, by rules made under this Act, provide for the management of special schools, including the standards and the nature of services to be maintained by them and the circumstances under which, and the manner in which, the certificate of a special school may be granted or withdrawn.

The State Government may, by rules made under this Act, provide—

1. (a) for the establishment of or recognition of After- care-Organisations and the powers that may be exercised by them for effectively carrying out their functions under this Act;
2. (b) for a scheme of after-care-programme to be followed by such After-cause-Organisations for the purpose of taking care of children after they leave Children's Home or Special Schools and for the purpose of enabling them to lead an honest; industrious and useful life;
3. (c) for the preparation and submission of a report by the probation officer in respect of each child prior to his discharge from Children's Horne-cum-Observation Home or special school, as the case may be, regarding the necessary and nature of after-care of such child, the period of such after-care supervision thereof and for the submission of a report by the probation officer on the progress of each child;
4. (d) for the standards and the nature of service to be maintained by such After-care Organisations;
5. (e) for such other matters as may be necessary for the purpose of effectively carrying out scheme of after-care programme of children.