How to Open a School in India and Laws behind It!

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By BHIS   clockMarch 7, 2020   

We have a whole lot of entrepreneurs in India who run various businesses. However a handful of these have entered the education space and truly left a mark in terms of building institutions that have transformed generations. These are individuals that aspired to leave a legacy behind – they maybe long gone but their names live forever. These are individuals that started schools and other educational institutions.

Another point in consideration is that over the last 2 decades that education has gained importance and the sector has been open to private players in order to meet the increasing demands for high quality, international education in the country.

Today we see a wide range of schools founded by enterprising and passionate individuals who dared to dream and to realize their dream. However, starting a school is no child’s play – there are a whole lot of rules and regulations that need to be followed.

Let’s look at how to open a school in Indian and the laws behind it.

The procedure of starting a school: the law states that private organizations that would like to enter the education space 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.

The law state a private organization that starts a 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.

Land requirement: a school requires a minimum of 2 acres of land. However, each board has a different requirement. (State board, ICSE, CBSE or International board) you will need to look at the prescribed land requirement. You may also approach the government in case you want to buy land from them. You will need a no-objection certificate referred to as the Essentiality Certificate (EC) from the concerned state’s Department of Education to make sure you do not land up competing with other schools.

Board Affiliation: once your school is ready according to the guidelines provided by your preferred board. You will have to submit documents of your school, the plan, etc to receive a certificate from them to start your school

Important documents and licenses: it is important to maintain important documents and licenses when you start a business. After forming the trust or society, make sure you there is a Memorandum of Association. Along with that the following details are regarded as being important as well:
. Building the land details

. Water certificates

. Hygiene certificates

. Auditor’s statements

. Bank statements of governing body and the members

. Completion of building certificates

If you are an entrepreneur who is exploring the education sector for the first time and looking to start your own school, it is advisable to hire an education consultant. A good consultant will be of great help to get you started and give you a head start as there will be a whole lot of laws, rules and regulations you will need to abide by in course of launching your dream school.

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