(1) In the event of any diffetence of opinion among the members ofit Firm trure, etc. in Board or among the magistiates of a children's court, the opinifn of Chet relation to Beirde majority shall prevail, but where there is no such majority, the ep' .n of the and children** chairman or cf the senior magiarate, as the tete ma) be. he. prcuil COIMS.
Power of Board and children's court. . .
%.• Procedure to be followed by magistrates not empowered under this Act and vice versa.
Children's home.
.11.11.01.
1.42 itiARYANA GOVT GAZ. (EXTRA.), FEtRUARY 12, 1974.-) (MA GHA 23, 1895 SAICA)
(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 magistrate of the childien'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 proceedings.
. • (3)- No person shall be appointed as a member of the Board or as a magistrate in the children's court unless he has, in the opinion of the State Government, knowledge of child psychology and child welfare.
_ •
6. (I) Where a Board or a children's court has been conit'tuted 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) Where no Board has been constituted for any area, the powers con' ferred on it by or under this Act shall be exercised in that area, by the Sub' Divisional Magistrate. •
(3) The powers conferred on the Board by or under this Act may also be exercised by the Deputy Commissioner and the Commissioner, when the proceedings come before them in appeal or revision.
• (4) Where no children's court has been constituted for any area, the powers conferred on it by or under this Act shall be exercised in that area by the judicial magistrate of the 1st class specially nominated by the Sessions Judge.
(5).The powers conferred on the children's court by or under this Act may also be exercised by the Court of Session and the High Court when the proceedings come before them in appeal or revision.
• 7. (1) When any magistrate not empowered to exercise the power of a Board or a children's court under this Act is of the opinion that a person brought before him 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 proceedings to the competent authority having jurisdiction over the proceedings.
(2) The competent authority to which the record of proceedings is for.
warded under sub -section(1) shall hold the enquiry as if the child had originally been brought before it.
(3) When any children's court is of the opinion that aperEeP. brovgi before it is not a child, he shall record such opinion and forward the perscn and the record of the proceedings to the court having jurisdiction over the pro.
ceedings.
(4) The court to which the record of proceedings is forwarded under subsection (3) shall hold the enquiry or trial, as the case may be, as if the person had originally been brought before it.