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Law related to minimum infrastructure standard of running a school
07-Aug-2023 (In Civil Law)
In my colony there is a school up to 8th standard, but I observe is that they have made a school in a residential building, they don't have proper ground for the children because of that children play on the road in interval time, even they park their school vehicle on the road, so my query is that is it correct to have school in such a condition where children don't have adequate place to study and play. Also, there is a risk of accident and also somewhere they are disturbing the premises of the colony. I hope you would understand what I actually want to ask as the behaviour of the owner of the school is also not good when we are giving any advice to her.
Dear Client,
The entity willing to establish the school needs to get licenses and permissions from relevant authorities.
For classes VI-VIII the Department of Education provides the required consent, which also provides recognition for the higher classes.
As your query does not reveals as to from which board of education does the schools is functioning in your society so herein i am presuming that the same has affiliated either from CBSE/ISC.
School authorities can also get approval from CISCE or CBSE but they will have to follow the guidelines laid down by these boards with respect to curricula, text books, and salaries.
Registration Of A School
As per laws, private organizations cannot open schools in India so as to ensure that the expedience of education does not happen with a profit making motive.
For this purpose, it has been promulgated by law that schools have to be operated by a society that has been created in accordance with the Societies Act of 1860 or by a trust that has been organized as per the Public Trust Act of individual states.
A private entity willing to set up a school in India can also set up a company as prescribed by Section 8 of the Companies Act 2013.
All the legislation ensure that an educational institution is set up as a non profit making body and has been created solely for the purpose of promoting education and knowledge in the sphere of life.
The laws states that the entity willing to open the institution needs to create a society or trust- along with a governing board that has five to six members.
The board should have a president, a secretary, and a chairman- who are officially announced.
Procurement Of Land For School
In case a member of a school’s governing body has his or her own land and wants to build the institute over there, that individual will be required to get an NOC from the concerned state’s Department of Education.
The applicants are required to state the requirement of a educational institute in the area where they want to set the school up in the application for the NOC.
The Department of Education (DOE) decides the need for a school in a particular zone. By restricting the supply of schools in an area, it restricts the role of the market in assessing the demand for school education.
There are strict norms that have been laid down by the leading educational boards of India such as- the Central Board of Secondary Education (CBSE), the state government boards, and the Council for the Indian School Certificate Examinations (CISCE).
One of these rules states that the schools should have a playground.
Affiliation Of A School
Normally, provisional affiliation is provided for classes 1-6 and the guidelines are provided by the concerned education board.
An inspection is conducted once all the facilities are in place and permanent affiliation is given after the inspectors are satisfied with the facilities. An educational institution needs to apply for affiliation with CBSE.
Only on affiliation with CBSE can the students of the particular school appear for public examinations. In order to get affiliated, the school needs to follow the prescribed syllabi and books (NCERT)
Important documents and licenses required while starting an institute-
In India a lot of legal processes come into play with regard to starting a school. When the school trust or society is being formed, there should be a Memorandum of Association. This document proves to be useful at all the later stages.
The owners also need to have a well laid out project report of their institute.
The following details are regarded as being important as well-
Name of license
1) Registration Certificate of Society – Societies Recognition Act, 1860,
2) Essentiality Certificate DoE,
3) Certificate of Recognition MCD/ DoE,
4) Certificate of Upgradation DoE,
5) Certificate of Affiliation CBSE,
6) Certificate of MCD,
7) Affidavit regarding proper purchase of land and no violation of master plan in the land used,
MCD/Development Authority of the Concerned State,
8) Site Plan of the Building/Sanctioned Building Plan approved by MCD/DDA,
9) Building Fitness Certificate MCD,
10) Health Certificate MCD,
11) Water Testing Report The water board of the concerned state,
12) Completion Certificate DDA,
13) Duly approved Scheme of Management DoE,
14) No Loan Certificate against FD issued by the bank Bank,
15) Land Use Permitted Certificate (in case of rented land) Landlord.
I hope this would serve as an adequate information for the query which was raised by you. In case you need any further assistance into the matter do feel free to contact.
Regards,
Tushar Bahadur,
(Advocate),
High Court.
The entity willing to establish the school needs to get licenses and permissions from relevant authorities.
For classes VI-VIII the Department of Education provides the required consent, which also provides recognition for the higher classes.
As your query does not reveals as to from which board of education does the schools is functioning in your society so herein i am presuming that the same has affiliated either from CBSE/ISC.
School authorities can also get approval from CISCE or CBSE but they will have to follow the guidelines laid down by these boards with respect to curricula, text books, and salaries.
Registration Of A School
As per laws, private organizations cannot open schools in India so as to ensure that the expedience of education does not happen with a profit making motive.
For this purpose, it has been promulgated by law that schools have to be operated by a society that has been created in accordance with the Societies Act of 1860 or by a trust that has been organized as per the Public Trust Act of individual states.
A private entity willing to set up a school in India can also set up a company as prescribed by Section 8 of the Companies Act 2013.
All the legislation ensure that an educational institution is set up as a non profit making body and has been created solely for the purpose of promoting education and knowledge in the sphere of life.
The laws states that the entity willing to open the institution needs to create a society or trust- along with a governing board that has five to six members.
The board should have a president, a secretary, and a chairman- who are officially announced.
Procurement Of Land For School
In case a member of a school’s governing body has his or her own land and wants to build the institute over there, that individual will be required to get an NOC from the concerned state’s Department of Education.
The applicants are required to state the requirement of a educational institute in the area where they want to set the school up in the application for the NOC.
The Department of Education (DOE) decides the need for a school in a particular zone. By restricting the supply of schools in an area, it restricts the role of the market in assessing the demand for school education.
There are strict norms that have been laid down by the leading educational boards of India such as- the Central Board of Secondary Education (CBSE), the state government boards, and the Council for the Indian School Certificate Examinations (CISCE).
One of these rules states that the schools should have a playground.
Affiliation Of A School
Normally, provisional affiliation is provided for classes 1-6 and the guidelines are provided by the concerned education board.
An inspection is conducted once all the facilities are in place and permanent affiliation is given after the inspectors are satisfied with the facilities. An educational institution needs to apply for affiliation with CBSE.
Only on affiliation with CBSE can the students of the particular school appear for public examinations. In order to get affiliated, the school needs to follow the prescribed syllabi and books (NCERT)
Important documents and licenses required while starting an institute-
In India a lot of legal processes come into play with regard to starting a school. When the school trust or society is being formed, there should be a Memorandum of Association. This document proves to be useful at all the later stages.
The owners also need to have a well laid out project report of their institute.
The following details are regarded as being important as well-
Name of license
1) Registration Certificate of Society – Societies Recognition Act, 1860,
2) Essentiality Certificate DoE,
3) Certificate of Recognition MCD/ DoE,
4) Certificate of Upgradation DoE,
5) Certificate of Affiliation CBSE,
6) Certificate of MCD,
7) Affidavit regarding proper purchase of land and no violation of master plan in the land used,
MCD/Development Authority of the Concerned State,
8) Site Plan of the Building/Sanctioned Building Plan approved by MCD/DDA,
9) Building Fitness Certificate MCD,
10) Health Certificate MCD,
11) Water Testing Report The water board of the concerned state,
12) Completion Certificate DDA,
13) Duly approved Scheme of Management DoE,
14) No Loan Certificate against FD issued by the bank Bank,
15) Land Use Permitted Certificate (in case of rented land) Landlord.
I hope this would serve as an adequate information for the query which was raised by you. In case you need any further assistance into the matter do feel free to contact.
Regards,
Tushar Bahadur,
(Advocate),
High Court.
Helpful?
18+
18+
Adv. Tushar Bahadur
Lucknow | 400+ Answers
CONTACT NOW
you and your colony members can file a memorandum before the district magistrate by filing a detailed report sort of a complaint along with the photographs detailing with no play ground or whatever lacuna you can see he will take proper cognizance to it or you can file a PIL to it in the high court.
Helpful?
21+
21+
Adv. Rahul Rathi
Allahabad | 500+ Answers
Chat
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