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Section 5

The Assam Children Act, 1970State Act of Assam · Act 12 of 1971

(1) Notwithstanding anything contained in the Code of Criminal Procedure ,1898, the State Govern- 5 of 1898.

ment may, by notification in the Official Gazette, constitute fnr 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 in relation to delinquent children under this Act.

(2) A Children's Court shall consists of such number of Magistrates forming a Bench as the State Govern- . ment thinks f:tt to appoint, of whom one shall be deaig­ nated as the Senior Magistrale and not less than one shall be a woman: and every such Bench shall have the powers conferred by the Code of' Criminal Procedure, 5of1958.

1898, on a Magistrate of the First Class.

Proc~dure, 6. (1) In the event of any difference of opinion among etc._, m rela · the members of a Board or among the Magistrates of tion to Ch'ld ' C h · · f h · · h 11 Boards and a 1 ren s ourt, t e op1111on o t e maJOr1ty s a Children's prevail, but where there is no such majority, the Courts. opinion of the Chairman or of the Senior Magistrate, as the case may be, shall prevail.

(2) A Board or Children's Court may act notwith­ standing the absence of any member of the Board or, as the case may be, any 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 Magistrate, as the case may be, during any stage of the proceeding.

(3J No person shllll be appointed as a mernbe1 of the Board 01 as a Magistrate in the Children's Court unless he has, in the opinion of the State Government special knowledge of child psychology and child welfari:.

Where this provision sits

ActThe Assam Children Act, 1970
Section5
JurisdictionState of Assam
StatusIn force as published by the source

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