(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 delinquent children;Provided that if the Government so desire they may assign the functions of the Court to the Board :Provided further that 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 proceeding to any Board :Provided also that where there is any difference of opinion between Children's Court or any other authority other than Chief Judicial Magistrate of the District functioning as Children's Court under Sub-section (2) and a Board regarding the transfer of any proceedings under the second proviso, it shall be referred to the Chief Judicial Magistrate of the District for decision, and in a case where Chief Judicial Magistrate of the District is functioning as a Children's Court, such difference of opinion shall be referred to the Court of Session and the decision of the Chief Judicial Magistrate of the District or, as the case may be, the Court of Session on such reference shall be final.(2)Where no Children's Court has been constituted for any area the Government may, by notification, direct that the powers conferred on the Children's Court by or under this Act shall be exercised in that area by any of the following authorities, namely :(a)the Chief Judicial Magistrate of the District;(b)the Sub-divisional Judicial Magistrate;(c)any Judicial Magistrate of the first class.
