Section 16 in Bihar School Examination Board, (Issuance of No-objection certificate, Affiliation norms and Procedure for physical education Regulation, 2019
16. Withdrawal of affiliation.
- (A) Affiliation may be withdrawn by the Bihar School Examination Board either in a particular subject or in all subjects. Institution/College imparting Diploma in physical Education (D.P.Ed.) course may be disaffiliated if the Board is satisfied that such institution/college are not fit to enjoy continuing affiliation to the Board.(B)Proceeding for withdrawal of affiliation may be initiated by the Board for nonobservance of the following condition by the institution/college: -(i)Financial irregularities and to draw amount against norms prescribed in the rule.(ii)Engagement in activities prejudicial to the interest of the state, inculcating or promoting feelings of disloyalty or dis-affection against the Government established by law.(iii)Encouraging or tolerating disharmony/hatred between different section of the society.(iv)Non-fulfilment of conditions laid down regarding deficiencies to be removed even after due notice.(v)Disregard to rules and conditions of affiliation even after receiving warning letters.(vi)Hindrance in the smooth functioning of the institution/college on account of dispute between revelries within the institution/college management.(vii)Poor academic performance of the institution/college for three consecutive year and not being able to keep at least 50(fifty) percent of passes of the general pass percentage.(viii)Non-availability of proper equipment/space/staff for teaching a particular subject.(ix)Any other misconduct in connection with the admission/examination/any other area which in the opinion of the Board warrants immediate disaffiliation of the institution/college.(x)In case of transfer of property/sale institution/college by one society/management/trust to another society/management/trust through agreement/sale deed.(xi)Any violation of the norms that have been prescribed by the Hon'ble supreme court of India in the writ petition (criminal) no. 666-70 of 1992 Vishaka and others v/s State of Rajasthan and others delivered on 13.08.1997 for protection of women from sexual harassment at the work place if established would attract strict action against the institution which may even lead to disaffiliation.(C)The Board shall provide adequate time and opportunity to the management of the institution/college served with a "Show cause Notice" up to a maximum of one year for adequate compliance/removal of defects failing which the Board may declare the institution/college disaffiliated. Such decision by the Board shall be final and binding. The maximum period of reply to "Show cause Notice" may not exceed one month.(D)Mere submission of application form for affiliation or its pendency with the Board shall not entitle any institution/college a right to be affiliated to the Board nor will it resort to do anything in any manner which may create any wrong impression in the public mind to this effect.(E)In the event of a institution/college failing to maintain the prescribed norms for affiliated Physical Training college and/or rules of the Board and/or the institution/college deteriorates in standards of performance, the Board will ask such a institution/college to rectify the deficiencies and come up to standard prescribed for maintaining affiliation within a period not exceeding one year. If the institution/college fails to meet the requirement it may lose the status of an affiliated institution/college and may be dis-affiliated, if considered necessary by the Board.(F)In case institution/college is subjected to disaffiliation and if files application for revival of the affiliation within five years of such disaffiliation, its case shall be considered on merit by the screening committee without charging fresh fee for affiliation. However, repeated violation of the Bye-laws will lead to permanent disaffiliation of the institution/college.
