Section 163 Child’s Right Act
Section 163 Child’s Right Act 2003 is about Registration, etc., of child minding and day care centre. It is under Part XIV (Child Minding and Day Care of Young Children) of the Act.
(1) Every State Government shall keep a register into which shall be entered the names and other particulars of persons who‐
(a) act as child minders on domestic premises within the area of the appropriate authority:
and
(b) provide day care for children under the age of six years on premises other than domestic premises within the areas of the State Government.
(2) A person‐
(a) acts as child minder if‐
(i) the person looks after one or more children under the age of six years, for reward, and
(ii) the period, or the total of the periods, which the person spends in looking after the children in day exceeds two hours; and
(b) provides day care for children if the period, or the total of the periods during which children are looked after by the person in any day exceeds two hours.
(3) Where a person provides day care for children under the age of six years on different premises situated within the same State, the person shall make a separate application with respect to each of those premises.
(4) A person who‐
(a) is the parent, or a relative, of a child;
(b) though, not the parent of a child, has parental responsibility for the child; or
(c) is a foster parent of a child, is not a child minder for the purposes of this Part when looking after the child.
(5) Where a person is employed as a nanny for a child, she does not act as a child minder when looking after that child wholly or mainly in the home of the person so employing her.
(6) Where a person is employed by two different employers, she does not act as a child minder looking after any of the children concerned wholly or mainly in the home of either of her employers.
(7) A person who wishes to be entered in the register kept under subsection (1) of this section shall apply in writing to the State Government to be so registered.
(8) A State Government may refuse to register an applicant under subsection (1) (a) of this section, if it is satisfied that‐
(a) the applicant; or
(b) a person looking after, or likely to be looking after, children on the premises on which the applicant is, or is likely to be, child minding, is not fit to look after children under the age of six years.
(9) A State Government may also refuse to register an applicant under subsection (1) (a) of this section, if it is satisfied that‐
(a) living, or likely to be living; or
(b) employed, or likely to be employed, at any premises on which the applicant is, or likely to be, child minding is not fit to be in the proximity of children under the age of six years.
(10) A State Government may refuse to register an applicant under subsection (1) (b) of this section if it is satisfied that a person looking after, or likely to look after, children on the premises to which the application relates is not fit to look after children under the age of six years.
(11) A State Government may also refuse to register an applicant under subsection (1) (b) of this section, if it is satisfied that a person‐
(a) living, or likely to be living; or
(b) employed, or likely to be employed, at the premises to which the application relates, is not fit to be in the proximity of children under the age of six years.
(12) A State Government may refuse to register an applicant under this section if it is satisfied‐
(a) in the case of application under subsection (1) (a) of this section, that the premises on which the applicant is, or is likely to be, child minding; or
(b) in the case of an application under subsection (1) (b) of this section, that the premises to which the application relates,
is not fit to be used for looking after children under the age of six years, whether because of the condition of the premises or the condition of any equipment used on the premises or for any reason connected with the situation, construction, style or location of the premises.
(13) For the purposes of this section, a person acts as a nanny for a child if she is employed to look after the child by‐
(a) a parent of the child; or
(b) a person who, though is not a parent of the child has parental responsibility for the child.
(14) A register kept under this section‐
(a) shall be open to inspection by members of the public at all reasonable times; and
(b) may be kept by means or a computer.
(15) The provisions of Part VI of Fourth Schedules and 6 to this Act shall have effect for the purpose Fourth of making further provisions with respect to registration under this section, including, in particular, further provisions for exemption from the requirement to be registered and provisions for disqualification.
