Section 10 in West Bengal Right of Children to Free and Compulsory Education, 2012

[Cites 0, Cited by 0] [Entire Act]

State of West Bengal - Section

Section 10 in West Bengal Right of Children to Free and Compulsory Education, 2012

10. Authority, form and manner of making applications for certificate of recognition under sub-section (1) of section 18 and manner of giving hearing under second proviso to clause (3) of section 18.

(1) Any unaffiliated and/or unrecognised unaided school mentioned in item (iv) of clause (n) of section 2 established before commencement, and every such category of school proposed to be established after commencement, of these rules, shall apply in the Form appended to the Schedule I for a certificate of recognition under sub-section (2) of section 18 within 3 months from the date of coming into force of these rules.

(2)All schools falling under sub-rule (1), shall apply for a certificate of recognition under section 18 to the concerned District Inspector of Schools (Secondary Education) or to the District Inspector of Schools (Primary Education), as the case may be, under whose jurisdiction the school is to be, set up, irrespective of the Board to which such school intends to get affiliated. Such an application may directly be made to the State Government on line through its official website, www.wbsed.gov.in and processing of such on line application shall be done by the State Government.

(3)The concerned District Inspector of Schools or any officer authorized by him, shall, within forty-five working days from the receipt of the application either directly or from the State level through on line method, hold a preliminary hearing of the applicant school and during the preliminary hearing, such school shall be required to produce the original copies of all documents for verification along with duly receipt copy of the treasury Challan showing deposit of processing charges as mentioned in sub-rule (4). The date of hearing shall be intimated to applicant school while accepting the application in the receipt itself. No separate notice shall be given.

(4)In case of on line submission of application the preliminary hearing may be held at the State level as per procedure to be notified as per sub-rule (2) inwhich case the concerned District Inspector of Schools need not conduct the preliminary hearing.

(5)Each application shall be accompanied by a treasury Challan (non-refundable) for the amount mentioned in column (3) of the Table below against the category of school mentioned in column (2) of the said table, as the case may be :Table

Sl. No.	Category of school	Amount (in Rs.)
(1)	(2)	(3)
1.	For Primary School in rural Areas	Rs. 3,000/-
2.	For Primary School in urban Areas	Rs. 5,000/-
3.	For Upper Primary in rural Areas	Rs. 7,000/-
4.	For Upper Primary in urban areas	Rs. 10,000/-

(6)Where the applicant school fails to submit the fees mentioned above through treasury Challan or fails to produce any of the documents to be produced as per the Schedule I within 15 (fifteen) working days from the date of submission of application, the application of such school shall be summarily rejected by the concerned District Inspector Schools or any officer authorized in this behalf without taking further hearing.

(7)The District Level Inspection Team shall enquire the applicant school who submits the documents as mentioned above within the prescribed time limit.Explanation. For the purpose of this rule, the State Government shall constitute a committee in the district level known as District Level Inspection Team with the following representatives mentioned in column (2) of Table below to conduct an enquireTable

Sl. No.	Name of the representative	No. of representative
(1)	(2)	(3)
1.	The District Inspector of Schools (SE)/(PE) of the Concerned District or his nominated representative (Convener)	1
2.	Nominee of the West Board of Secondary Education	1
3.	Nominee of the Chairman, District Primary SchoolCouncil of the concerned District	1
4.	Nominee of the Madrasah Board	1
	Total Representative	4

(8)The District Level Inspection Team shall submit its report i.n the format enclosed in Part 3 to Schedule I to the Director of School Education, West Bengal, with a copy to the applicant school within 60 days from the date of the preliminary hearing :Provided that for adequate reasons cited in writing by the concerned District Inspector of schools, the State Government may extend the time to make the inspection and file the report.

(9)The Director of School Education shall, within 30 days from the date of submission of report by the District Level Inspection Team, place it before the State Level Committee for consideration for granting a No Objection Certificate' in favour of the applicant school seeking affiliation under any Board located in West Bengal or outside, as the case may be.Explanation. For purpose of this rule, the expression "State Level Committee" means a State Level Committee on Recognition or Affiliation of Schools constituted by the State Government for granting a No Objection Certificate' in respect of recognition or affiliation to the applicant school, consisting of the following members mentioned in column (2) of the Table below :Table

SI. No.	Name of the members of the State Level Committee	Designation
(1)	(2)	(3)
1	Director of School Education, West Bengal	Chairperson
2	Joint Secretary, School Education Department,looking after secondary education or any other officer not belowthe rank of Joint Secretary duly authorized by the Secretary,School Education Department	Member
3	Secretary, West Bengal Board of Primary Education	Member
4	Secretary, West Bengal Board of Secondary Education	Member
5	Chairperson, Rabindra Mukta Vidyalaya	Member
6	State Project Director,SarbaSikshaMission or his representative not below the rank of AdditionalState Project Director.	Member-Convener
7	One Deputy Director of School Education, WestBengal to be duly nominated by the Director of School Education
8	SecretaryMadrasahBoard or hisrepresentative	Member
9	Representative of the Board outside West Bengalunder which the school seeks affiliation, if required	Member

(10)The State Level Committee shall meet at least once in every English Calendar month and shall dispose of the applications along with the report of the District Inspection Team under sub-rule (8) of the preceding month of such English Calendar month. While considering the applications along with the report, the State Level Committee shall hear the applicant or his/their authorized representative as well as the concerned District Inspector of Schools,

(11)If it is of the opinion of the State Level Committee that the applicant school has complied with all the conditions and requirements for recognition theState Level Committee shall within 15 days from the date of the hearing, recommend 'No Objection Certificate' in favour of the applicant school seeking affiliation under any Board located in West Bengal or outside, as the case may be. This shall be construed as the Certificate of Recognition for all purposes.

(12)In case the State Level Committee is of the opinion that the applicant school does not fulfil all the conditions and requirements for recognition as laid down in the Form to Schedule I, the State Level Committee shall provide further chance of three months to the applicant school to make good the deficiency pointed out by the Committee. The decision of the committee shall be communicated to the applicant school within seven days from the date of hearing.

(13)In case the applicant school is able to make good the deficiency and communicates the same by a written application to the District Inspector of Schools concerned within the said three months from the date of decision of the Committee, the District Level Inspection Team shall again inspect the school within one month from the date of such second application and shall submit its report to the Director of School Education only on the points of deficiency already noted by the State Level Committee as referred to in sub-rule (11) within 15 days from the date of the second inspection and on receipt of such report, the State Level Committee shall again convene within 30 days from the date of receipt of such report and also after give hearing to the applicant school and the concerned District Inspector of Schools and may recommend No Objection Certificate' in favour of the applicant school seeking affiliation under any Board located in West Bengal or outside, as the case may be in the manner as stated in rule 10. In case the Committee is still of the opinion that the school does not fulfil the criteria for recognition it may reject the case as per sub-rule 14.

(14)In case the applicant school fails to comply with all the conditions and requirements for recognition as laid down in the Form to Schedule I within 3 months from the date of first order of the State Level Committee, the State Level Committee shall reject the application of the applicant school and its processing fee deposited shall be forfeited.

(15)Every school seeking recognition under the section 18 shall, in addition to the requirements of the Board to which it is to be recognised or seeks to be affiliated to, abide by the following conditions :

(a)that the applicant school shall be run either by a. society registered under the Societies Registration Act, 1860, or by a public trust constituted under any law for the time being in force, or by such a company within the meaning of the Companies Act, 1956 whose Memorandum and Articles of Association do not allow it to make profit;

(b)that the applicant school is not run for profit to any individual, group of individuals or any other persons;

(c)that the applicant school conforms to, seeks to and has a curriculum to implement the values enshrined in the Constitution of India and promotes respect for the National Anthem, National Flag and National Emblem and National Integration;

(d)that the applicant school buildings or other structures or the grounds are used only for the purposes of education and skill development;

(e)that the premises of the applicant school is open to inspection by any officer authorized by the State Government or local authority;

(f)that the applicant school shall furnish such reports and information as may be required by the Board or by any other authority under the State Government from time to time as and when required and shall comply with such instructions of the State Government or the local authority as may be issued to secure the continued fulfilment of the conditions of recognition of the school or for the removal of deficiencies;

(g)that the applicant school shall

(i)be located in a relatively noise-free and pollution-free area, having adequate supply of drinking water and electricity;

(ii)have a building usable in all weathers and the plan of the building sanctioned by the Gram Pradhan of the Gram Panchayat in case of rural area and by the Chairman of the Municipality or Mayor of the Municipal Corporation, in case of urban area;

(iii)have a play ground for the students;

(iv)have a barrier-free access as mentioned in the Schedule of the Act;

(v)have class rooms of an area minimum 400 sq.ft. (25 ft. x 16 ft.) each which is comfortable and suitable for imparting lesson and of not less than the number of class units;

(vi)have good quality of separate lavatory for students and teachers and good quality of separate lavatory for girls students, if it is a co-education school;

(vii)have a girls' common room, if it is a girls or co-education school;

(viii)have a teachers' room;

(ix)have adequate furniture so that students do not have seat more than three in bench;

(x)have a library with sufficient number of books (not less than 500) on literature and other subjects but excluding text books or notes thereon;

(xi)have students' admission procedure and fees structure duly published by the School Management Committee;

(xii)have arrangement for periodical medical check up of students and records thereof;

(xiii)comply with the rules and regulations, and satisfy the minimum qualification norms set by the National Commission for Teacher Education to the teachers' recruitment for the satisfaction of the recognizing authority;

(xiv)have recruited teachers as per the staff pattern and qualifications specified by the State Government or the Board with which it is affiliated, whichever is higher;

(xv)have a duly published service rules and leave rules for the teaching and non-teaching staff;

(xvi)follow the provisions relating to disciplinary proceedings in the manner as may be directed by the Board;

(xvii)have a determined the pay structure of its teaching and non-teaching staff in such manner as may be directed by the State Government;

(xviii)have provisions for contributory provident fund and gratuity to the teaching and non-teaching staff;

(xix)have a fees structure for the students which cannot be enhanced without the prior permission of the State Government;

(xx)have a building separate staircase for entrance and emergency exit;

(xxi)have sufficient fire safety equipments and have trained person among the staff for using fire safety equipments; and

(xxii)pay respect to Indian Constitution and observe the National Anthem, National Flag and National Emblem and National Integration.

(16)An applicant school may make an appeal to the State Government against the decision of the State Level Committee within 2 (two) weeks from the date of such decision and the State Government shall convey its decision upon considering the grievance of the applicant within three months thereof.

(17)All schools granted a certificate of recognition by way of No Objection Certificate' shall display a copy of such certificate at a conspicuous place in the school all the time.

(18)In case of existing schools, the District Inspector of Schools concerned may, in consultation with the Right to Education Protection Authority, request the local municipal authorities to provide the applicant School with infrastructural support including relaxation of Building Rules, if necessary and earmarking a public park or playground to be used by the students of the applicant school during specified hours for sports and other outdoor activities, in order to enable the applicant school to comply with requirements of the Act.

(19)Every recognized school under the Act, shall display in its Notice Board the following information:

(a)number of students studying in the said school on the last day of previous month;

(b)number of Teachers in the school;

(c)curricular activities undertaken by the school;

(d)facilities available in the said school;

(e)details of number of days on which Mid-Day meal is provided and the number of children to whom such Mid-Day meal is provided in the school, where the school is required to provide such Mid-Day meal in accordance with law for the time being in force;

(f)composition of the School Managing Committee;

(g)neighbourhood to which the school belongs; and

(h)Board to which the school is affiliated;

(20)A recognised School under the Act or an existing school already recognized by the appropriate Board shall ensure that none of the teachers of the School provide private tuition to any students of the said school or of any other school and shall provide in its service conditions that breach of such restriction shall result in termination of service.

(21)The school authority shall be responsible to submit all relevant information on the school as required by the State Government from time to time.

Legal Document View

Unlock Advanced Research with PRISMAI

State of West Bengal - Section

Section 10 in West Bengal Right of Children to Free and Compulsory Education, 2012

10. Authority, form and manner of making applications for certificate of recognition under sub-section (1) of section 18 and manner of giving hearing under second proviso to clause (3) of section 18.