To start an Educational Institution ( Schools/ Colleges) can be a long, tiring, expensive, and gruesome process in India. There are a number of licenses, permissions, and registrations one needs to take care of before venturing into this domain. The process usually takes a couple of years under normal circumstances keeping aside the period taken for the construction of the building and forming the governing body.
The time taken on infrastructure depends on the size of the project and investment made to expedite the process. It may range from 6-9 months for the construction following which the administration can start accepting the applications. Till Class V, the approval provided by the municipality is sufficient but, for classes VI-VIII the Department of Education provides the required consent, which also provides recognition for the higher classes. Application for recognition with respect to the latter stages must be made within 2 years.
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, textbooks, and salaries.

Registration Of A School

As per the Indian Constitutions and Laws, Private organizations are not allowed to start an Educational Institution in India to ensure that the expediency of education does not happen with a profit-making motive. To serve the same, 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 ensures 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 state 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 is 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 and start an Educational Institution over there, that individual will be required to get a NOC from the concerned state’s Department of Education. The details of the area and the intent for using the land needs to be explicitly mentioned in the NOC by the applicant. For the purchase of 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.

An EC is an essential document certifying the requirement of an institute in a particular zone on the basis of which land is allotted to the society for the purpose of building a new school. The validity of an EC is only for 3 years which means the construction should begin within 3 years of receiving the EC. Failing to do so would result in renewal or reapplication of new EC.

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.

The society needs to obtain a “letter of sponsorship” from the DoE. This is forwarded to one of the land-owning agencies, like the Municipal corporation of the area, and the land is sold at subsidized rates by the land-owning agency. 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 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. In the case of private schools, affiliation is provided in stages. 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. The inspections are not as tough once a school receives permanent affiliation. However, the school still needs to be operated as per rules laid down by the board in question.

Important documents and licenses required to start an Educational Institution –

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 in 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

•       Registration Certificate of Society – Societies Recognition Act, 1860,
•       Essentiality Certificate DoE,
•       Certificate of Recognition MCD/ DoE,
•       Certificate of Upgradation DoE,
•       Certificate of Affiliation CBSE,
•       Certificate of MCD MCD,
•       Affidavit regarding the proper purchase of land and no violation of master plan in the land used,
•       MCD/Development Authority of the Concerned State,
•       Site Plan of the Building/Sanctioned Building Plan approved by MCD/DDA,
•       Building Fitness Certificate MCD,
•       Health Certificate MCD,
•       Water Testing Report The water board of the concerned state,
•       Completion Certificate DDA,
•       Duly approved Scheme of Management DoE,
•       No Loan Certificate against FD issued by the bank Bank,
•       Land Use Permitted Certificate (in case of rented land) Landlord.

Documents to be submitted
Along with the application for EC a fee of Rs. 500/- and a set of documents are to be submitted.

•       Memorandum of Association,
•       Affidavit regarding the relationship of society members,
•       Copy of Reserve Fund for Rs. 2 lakhs from the bank,
•       An affidavit from management regarding the proper operation of the school, as per Delhi School Education Rules, 1973,
•       Undertaking regarding fees and other charges,
•       List of members of society with full particulars,
•       Details of land and building,
•       Project report of the proposed school,
•       Experience of society/members in the field of education,
•       Scheme of Management,
•       Documents regarding ownership of land allotted to school,
•       Auditor’s statement of account(s),
•       Staff statement as Performa,
•       Rates of fee and other fund charges,
•       Enrolment of students.