Understanding The Legal Requirements For Starting A School In India

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    Understanding The Legal Requirements For Starting A School In India

    2023/07/05 at 1:47 PM, 9715 Views

    The journey of strating a school in India is exciting, but it also comes with its fair share of challenges. So, along with other factors, it is essential to navigate the maze of legal requirements – to ensure a smooth and successful launch. Whether you dream of a CBSE, ICSE, or state board school, understanding the legal requirements will make the process easier for you.

    Therefore, in this article, we will explore the key legal aspects that aspiring school founders must know in order to be well-prepared for this educational adventure! 

    Let’s get started – 

    Legal Requirements For Starting A School In India

    Shri Educare, the best education consultants in India, brings a list of the formalities you will have to do before starting a school in India –

    • Land And Infrastructure

    First things first – before you begin, you will have to find a suitable plot of land for your dream school. You have two options: purchasing the land or leasing it. The education department specifies a minimum area requirement of 8000 square meters, but they may also grant affiliation for land as small as 6000 square meters for starting a school in India.

    Once you have your land, it’s time to obtain the No Objection Certificate (NOC) from the Education Department in your area. This NOC is like a green signal, indicating that the department approves your school’s location.

    Note: If your school will be located on a hillside, the minimum land requirement is typically around 2000-3000 square meters.

    Next, you must submit the building plans or blueprints to the education department for starting a school in India. They would like to ensure that your school’s design meets their standards. Now, here’s a key point to remember – after obtaining the NOC, make sure you start constructing the school within three years. Otherwise, you will need to apply for a renewal from the society or trust overseeing your school.

    • Trust/Society/Company Registration

    Education in India is primarily seen as a non-profit activity, which means that for starting a school in India beyond Class I, you will have to associate or register it as a Trust, Society, or Company.

    A Trust, Society, or Company acts as the legal framework within which your school operates. The Society Act of 1860 and the Companies Act of 2013 provide the relevant guidelines for registration. A Trust is suitable for single-person ownership, while a Society is ideal when multiple individuals are involved in starting a school in India. Alternatively, you can also opt for a Section 8 Company, which is a non-profit organization dedicated to social welfare.

    Now, let us have a look at the documents required to register your school –

    1. Affidavits that state the relationship between the members of society
    2. A list containing the particulars of the society members
    3. A Memorandum of Association
    4. A copy of the Reserve Fund of Rs 2 Lakh from the bank
    5. An application for an Essentiality Certificate with a fee of Rs.500 
    6. Ownership documents of the land for the school

    By choosing the right legal entity for starting a school in India and registering it according to the relevant regulations, you can establish your school with a solid legal foundation.

    • Affiliation And Recognition

    The next important aspect of starting a school in India is determining the type of school you want to establish. You can start a CBSE, ICSE, or state board school. Each board has its own specific affiliation requirements, and meeting their criteria is essential to obtain recognition and affiliation.

    Once your school has been established, the management must apply for recognition from the appropriate authority. Initially, recognition from the municipality is sufficient up to Class V. However, for higher classes up to Class XII, recognition is provided by the Department of Education.

    Next, obtaining affiliation is crucial for starting a school in India, as it allows students to appear for public examinations. In India, schools can be affiliated with different boards, as mentioned above, and each board has its own curriculum, examination patterns, and guidelines that must be followed.

    To get this affiliation, your school needs to fulfill the specific requirements set by the respective boards. This may include meeting infrastructure criteria, having qualified teachers, following the prescribed curriculum, and providing necessary facilities for students’ education and overall development.

    • Licenses And Certifications

    To ensure compliance with regulations when starting a school in India and provide a safe and secure learning environment for students, you must submit/obtain the following licenses and certificates –

    1.Essentiality Certificate by the Department of Education (DoE): This certificate establishes the legitimacy of your educational institution.

    2. Upgradation Certification(if applicable): If you plan to expand your school beyond Class V or Class VII, you need to submit a certification of upgradation to the DoE. This certification provides you with permission for starting a school in India for higher classes.

    3. Building Plan Approval Certificate:If you own the land, you must submit a certificate stating that the state development authority has approved the building plan of your school – before starting a school in India. This ensures that your school’s infrastructure meets the required standards.

    4. Land Use Permitted Certificate(for rented or leased land): If the land on which you are starting a school in India is rented or leased, you need to obtain a Land Use Permitted Certificate from the landlord. This certificate validates the landlord’s permission to use the land for educational purposes.

    5. Structural Safety Certificates: Before starting a school in India, it is essential to obtain certificates certifying the structural safety of your school building. These certificates are typically issued after a thorough inspection by the relevant authorities – ensuring that the building is safe for students and staff.

    6. Fire and Hygiene Certificates: Fire safety and hygiene measures are of utmost importance when starting a school in India. After inspection by the respective departments, you should receive certificates confirming that your school provides good water and practices fire safety measures while maintaining a clean and hygienic environment.

    With the help of these licenses and certificates, you demonstrate your commitment to providing a secure and conducive learning environment for students when starting a school in India.

    In case you have some queries regarding the process of starting a school in India, feel free to get in touch with Shri Educare, the best education consultant, to ensure that your school operates within the legal framework.

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