(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 m this Act, have power to oeal exclusively with all pro-.eedings under this Act relating to ne~lected children cir delinquent children, as the case may be.
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(2) Where no Board or Children's Court has been constituted for any a 1 ea, the powers conferred on the Board or the Children's Court b y or under this Act 1hall be exercised in that area, only by the following, namely:-
(a) the District Magistrate; or
(b)' the Subd ivisional Magistrate ; or (<') any Magist ra te of the First Class.
(3 ) T he powers conferred on the Board or Chil· dren's Cour t by c·r l\Dder this Act may also be exercised by the High Court and the Court of Ses,ion, when the proce.: ding comes before them in appeal, revision or otherwise.
Proceaure 8. ( !) 'When any M agistrate not empowered to t~ b~ fol~w- exercise the powers of a Board or a Child ren's Court ~istraie n~~ under th is :\ct is of opinion that a person brought empowered be fore him under any of the provisions of this Act under this (otherwise than for th :'! purpose of ~iving evidence) is a Act. chil d, he shall rt cord such opinion a nd forward the child and the record of th e p roceeding to the competent authority having j u.r i.sdiction over the proceeding.
(2) The competent a uthority to which the pro.
ceeding is forwarded under sub-section (1) shall hold the enquiry as if the child had originally been brought before it.
c hi1dren'1 9. (I ) T he Sta te Government may establish and Homes. maintain as many Chilrlren's H omes as may be necl'S• Sary for the reception of neglected children under this Act.
(2) Where th e State Government is of opm10n that an y I nstitu tion other than an Institu tion esta· b lished u nder sub-section (1 ) is fi t fo r the reception of t l1e neglected cbildrt:n t o be sen t t h t.re under th is Act , it ni.ay certify such Institution as a Children 's H ome for the purposes of this Act.
(3) E \·ery Ch ildren's Home to which a neglected child is sent under this Act shall not only provide the child with accommodation, ma intenance and faci li ties for education , protection-and prorr: otion of healt 'i , bu t a lso provide him with faci lities for the develop• ment ofhis cha1ac ter and abi lities a nd g ive him necessary training for pro tect ing himself against mor;,.l dangers or exploitation mid shall also perform such other functions as may be prescribed, ( Special Rchoola.
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(4) The State Government may, by rules made under this Act , provide for the management of Chil dren's Homes and the circumstances under which, and · the manner in which, the certificate of a Children's Home may be granted or withdrawn.
10. ll) The State Government may establish and maintain as manv Special Schools as may be necessary for the reception of delinquent children under this Acf,
(2) Where the State Government is of opinion . that any Institution other than an Institution e~ta· bfohed under sub-section (1) is fit for the reception of the delinquent children t o be sent there under this Act, it may certify such Institu.tion as a Special School for the purposes of this Act.
(3) Every Special School to which a delinquent child is sent under th is Act shall not only provide the child with accom moda tion , m >intenance and facili ties for the ed uca ti0n, pr0 tec1ion and promotion of health Liut also p rovide him with facilities for the development of his character and &bilities and give him neces~ary training for his reformation and shall .i.lso perform such uth er functions as may be pres· cribed.
(4) The State Government may, by rules made under this Act, provide for the management of Spe· cial Schools and the circumstance> under which, and the manner in which, the certificate of a Special School 'llay be granted or withdrawn.
< > Lservation 11. ( l) The State G 0vernment niay establish and
11omes. maintain as m 1ny Observation Homes as may be necessary for the temporary reception of children during the pc:ndency of any inquiry regarding them under this Act.
(2) Where the State Government is of opinion that any inslitutiun other than an instit1ition e~tabli shed uncler sub-sectim (l ) is fit for the temporary reception of children during the pendency of any inquiry regarding them und er this Act, it may recog· nise such ins titution a s an Observation Hcrr;e for the purposes of this Act.
(3) Every Observation Home to which a child is sent under this Act, shall net only p rovide the child with accommodation, mai11tenance and facilities ior medical examinati cn and t reatment, bu t also PNvide him with facilities for usefol occupation.
( 4.) The State Government may, by rules made \IDder _ ~his Act, provide for the management of ..
After-Care Organ i sa tion.
7i Observation Homes and the circumstances under whichand the manner in which, an institution may be recognised as an Observation Home or the recogni tion may be withdrawn.