9. Procedure when Magistrate is not empowered to pass an order under this Act.
(1)When any Magistrate not empowered to pass an order for detention under this Act is of the opinion that an offender who has been found guilty by him or who has failed to furnish the security which the Magistrate has ordered, him to furnish under Chapter VIII of the Code of Criminal Procedure, 1898, (V of 1898), is a proper person to be detained in a Borstal School, he may, without passing any order, record such opinion and submit his proceedings and forward the offender to the [Magistrate of the first class] [These words were substituted for the words 'District Magistrate, by Bombay 23 of 1951, section 2, Schedule-Part III.] [*******] [The words 'or the Chief Presidency Magistrate, as the case may be,' were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] to whom he is subordinate.(2)The [Magistrate of the first class] [These words were substituted for the words 'District Magistrate, by Bombay 23 of 1951, section 2, Schedule-Part III.] [*****] [The words, 'or, as the case may be, to a salaried Presidency Magistrate' were deleted.] to whom the proceedings are so submitted may transfer the proceedings to any Magistrate subordinate to him competent to pass an order under this Act, [********] [The words, 'or, as the case may be, to a salaried Presidency Magistrate' were deleted, by Bombay 23 of 1951, section 2, Schedule-Part III.](3)The [Magistrate of the first class] [These words were substituted for the words 'District Magistrate, by Bombay 23 of 1951, section 2, Schedule Part III.] [*********] [The words 'or Chief Presidency Magistrate' were deleted, by Bombay 23 of 1951, section 2, Schedule-Part III.] to whom the proceedings are so submitted or any Magistrate to whom the proceedings are so transferred may make Such further enquiry (if any) as he may think fit and may pass such order for the detention of the offender in a Borstal School, or such other sentence or order, as he might have passed if such offender had originally been brought before or tried by him
