(under section 33)

(9th June, 2006)

ARRANGEMENT OF BYE-LAWS

    BYE-LAW

PART I
Preliminary

                1.         Citation

                2.         Interpretation

                3.         Licensing of day-care centres

                4.         Transfer of Licence

                5.         Closure of day-care centres

PART II
Premises

                6.         Type of premises used

                7.         Outdoor play areas

                8.         Toilets

                9.         Washing facilities

               10.         Kitchen

               11.         Furniture and classroom equipment

               12.         Fire extinguisher

               13.         First aid requirements

               14.         Cleanliness

               15.         Smoking

               16.         Pets

               17.         Transportation

               18.         Use of premises for other activities

PART III
Operation and staff of the centre

               19.         Hours of operation

               20.         Resting period

               21.         Age of admission

               22.         Staff

               23.         Staff-child ratio

               24.         Curriculum

               25.         Records of the centre

PART IV
Powers of entry, offences and penalties

               26.         Appeals

               27.         Powers of entry

               28.         Offences and penalties

                            Schedule

S. I. 38, 2006.

1.       Citation

            These Bye-Laws may be cited as the Central District Council (Day-Care Centre) Bye-Laws.

2.       Interpretation

            In these Bye-Laws, unless the context otherwise requires-

            ''authorised officer'' means the Council Secretary or any employee of the Council duly authorised, in writing, by the Council to perform duties under these Bye-Laws;

            ''care giver'' means a person trained to teach, train, and care for babies and children below the age of six, and registered as such with the Central District Council,

            ''Council'' means the Central District Council;

            ''day care centre'' means a place for the care, education and supervision of children below the age of six;

            ''infectious disease'' includes diphtheria, cerebrospinal meningitis, whooping cough, measles, mumps, German measles (rubella), chicken pox, scabies, ringworm of scalp or body, and typhoid fever;

            ''licence'' means a licence issued under bye-law 3.

            ''qualified teacher'' means a teacher qualified to the satisfaction of the Ministry of Education, to teach children below the age of six.

3.       Licensing of day-care centres

            (1) No person shall operate a day-care centre (hereinafter referred to as a ''centre'') without a licence issued by the Council.

            (2) No person under the age of 18 years may operate a centre.

            (3) Any person who wishes to operate a centre shall make application for a licence to the Council, in Form 1 set out in the Schedule hereto, giving details of-

     (a)     the premises intended to be used for the centre;

     (b)     the names and qualifications of all the teachers and other assistants to be employed at the centre; and

     (c)     any other information with regard to the proposed centre as the Council may require.

            (4) Upon receipt of the application, the Council shall cause to be conducted such inspections as it may consider appropriate to ensure that the premises of the center comply with the relevant health and building control standards.

            (5) If the Council is satisfied that the proposed centre meets all the requirements of these Bye-Laws and any other relevant legislation, it may, on payment of a fee of P100, issue to the applicant a licence in Form 2 set out in the Schedule hereto.

            (6) A licence issued under these Bye-Laws may be subject to such conditions as the Council considers necessary, which conditions shall be endorsed on the licence.

            (7) The Council may revoke, suspend or impose further conditions on the licence, and shall publish a notice of such revocation, suspension or imposition in two consecutive issues of the Gazette and two newspapers in circulation in Botswana where-

     (a)     the conditions of any licence are not being adhered to;

     (b)     a centre has failed to comply with these Bye-Laws; or

     (c)     an authorised officer, after conducting an inspection, has recommended a suspension of the licence due to a failure of the centre to comply with the relevant health standards.

            (8) A licence issued under sub-bye-law (3) shall be valid until the 31st December of the year of issue, and shall thereafter be renewable from year to year, on payment of the annual fee of P10.

            (9) An application for the renewal of a licence shall be made in Form 1 set out in the Schedule hereto.

            (10) The licence shall be conspicuously displayed in the premises of the centre.

4.       Transfer of Licence

            No person, to whom a licence has been issued may cede, transfer or lease the licence to another person.

5.       Closure of day-care centres

            The Council may cancel the licence of, and require the closure of, any centre which contravenes or does not comply with any of the provisions of these Bye-Laws.