Azhagananth (Lawyer) 22 June 2017
As per laws, private organizations cannot open schools in India. The 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 25 of the Companies Act 1956. All these legislations ensure that a school is set up as a non profit making body.
There are more to establishing schools in India than setting up an infrastructure that comprises classrooms, laboratories, and libraries. The entity willing to establish the school needs to get licenses and permissions from relevant authorities.
The laws state that the entity willing to open the school 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.
In case the entity wants to buy land from the government for the school it will be required to procure a no-objection certificate referred to as the Essentiality Certificate (EC) from the concerned state’s Department of Education.
The NOC makes sure particular areas have a proper balance of schools and that schools do not end up competing against each other. It also ensures that the society starts building the school within 3 years of getting the permission- if it fails to do so then the particular entity will be required to reapply.
The concerned entity can then head to the relevant municipal corporation for procuring the land after receiving the EC. Laws state that land should be provided to the governing body at subsidized rates that are normally determined through auctions.
In case a member of a school’s governing body has his or her own land and wants to build the school 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 school in the area where they want to set the school up in the application for the NOC.
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.
kavksatyanarayana (subregistrar/supdt.(retired)) 22 June 2017
In the 1st instance, an educational society for the purpose of diffusion of knowledge orto increase the literary percentage shall be formed with not less than 7 (seven) members and that society shall be registered before the Registrar of Societies under Societies Registration Act, 1860 (Amendment Act 2001) or in form of Eductional Trust which can be registered under the same Act or Public Trust Act. After getting registration, a registration certificate will be issued. Basing on that you may approach DEO for opening of a School/an Educational Institution.