Notification - Amendment in Affiliation Bye-laws15102007 (1)

8/3/2019 Notification - Amendment in Affiliation Bye-laws15102007 (1)

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CENTRAL BOARD OF SECONDARY EDUCATION2, COMMUNITY CENTRE, SHIKSHA KENDRA, PREET VIHAR

DELHI-110092

CBSE/AFF/2007/271721-276720 Dated: 15-

10-2007

NOTIFICATION

In exercise of the powers conferred by clause 2 of Rule 1 underChapter 1 of the Affiliation Bye-Laws of the Board, the followingamendments are made in the Affiliation Bye-Laws of the Board as perResolutions passed by the Affiliation Committee of the Board at itsmeeting held on 20.12.2006 and 16.05.2007 and their ratifications bythe Governing Body of the Board at its meeting held on 22.12.2006and 29.06.2007 with immediate effect:

SI.No.

Chapter Rule No. Amended Provision

1. I 2.1(xxii) “Private Un-Aided school” meansschool run bySociety/Trust/Company registeredunder section 25 of theCompanies Act, 1956 dulyconstituted and registered under theprovisions of Central/ State Acts notgetting any regular Grant-in-Aid from

any Government source(s).

2. II 3.1(v) Private, unaided schools establishedby Societies registered under theSocieties Registration Act, 1860 of the Govt. of India or under Acts of theState Govts. As educational,charitable or religious societieshaving non-proprietary character orby Trusts or Companies registeredunder section 25 of the

Companies Act of 1956 of theGovt. of India.

- Provided that forgranting affiliation toschool(s) run by a Companyunder section 25 of theCompanies Act, 1956, it



should satisfy thefollowing:

(i) The State/UTGovernment does nothave any objection to

school being run by aCompany under Section25 of the Companies Act,1956 at its jurisdiction.

(ii) The Company whichwants to run schoolunder the aboveprovision should havememorandum of bye-laws wherein educationmust be as one of its

objects and it should notchannelise funds of institution for purposesother than furtheringeducation..

3. II 3.3(i) The school seeking ProvisionalAffiliation with the Board must haveformal prior recognition of theState/U.T. Govt. Its application eithershould be forwarded by the States

Govt. or there should be a NoObjection Certificate to the effectthat State Government has noobjection to the affiliation of theschool with the CBSE. ‘No ObjectionCertificate’ once issued to any schoolwill be considered at par even if itprescribes a specific period or stageunless it is withdrawn and there willbe no need for further NOC for theschool. Condition of submitted a No

Objection Certificate will not beapplicable to categories 3.1 (i) to (iv)

4. II 3.3(ii)(a) The School/Society/Trust/ Companyregistered under Section 25 of the Companies Act, 1956 or theCongregation or other Religious Bodycontrolling the



Society/Trust/Company registeredu/s 25 of the Companies Act,1956 managing the school musthave about two acres (or asotherwise permitted measurement)

of land and a building constructed ona part of land and properplaygrounds on the remaining land.

5. II 3.(ii)(e) Classified cities under A-1 viz.Mumbai, Kolkata and Chennai withintheir limits of Municipal Corporationand the entire state of ArunachalPradesh be at par with therelaxation in land requirement as hasalready been prescribed for Delhi

under Sub-Clause (d) above.

6. II 3.3(ii)(g) The minimum land requirementunder category B, school isfurther relaxed to minimum 1acre in respect of schools locatedin Ghaziabad, Noida, Faridabadand Gurgaon of NCR within thelimits of their respectiveMunicipal Corporation/Development Authority.

7. II 3.3(ii)(h) Schools located within theMunicipal limit of the CapitalCities, Islands, North-EasternStates and Jammu & Kashmir, theminimum land requirement shallbe 1 acre.

- Provided that theaffiliation to such schoolsunder category (g) & (h)

would be subject torestriction of maximum1250 students with 40students per section up toSenior Secondary Level.



8. II 3.3(iii) The Trust or Society or Companyregistered under Section 25 of the Companies Act, 1956/Management running the schoolshould be of non-proprietary

character. The list of members withtheir addresses, occupations,qualifications and an affidavit fromthe Chairman/Secretary stating howthe members are related to eachother or they are not related to eachother duly attested by First ClassMagistrate should be submitted.

9. II 3(c)** Schools managed directly by thePublic Sector Undertakings (PSUs) or

by reputed societies of PSUs underfinancial control of such PSUs or bysocieties formed by suchundertakings, and private, unaidedschools established by societies/trusts/ Company registered undersection 25 of the Companies Act,1956 as per Affiliation Bye-Laws mayapply for Permanent Affiliation.

10. II 5.

5.1

5.2

Society/Trust/Company

registered under section 25of the Companies Act, 1956running the SchoolIn case of schools belonging tocategory 3(1)(v) there should be aproperly constituted RegisteredSociety/ Trust/ Company registeredunder section 25 of theCompanies Act, 1956. It should beof a non-proprietary character and its

constitution be such that it does notvest control in a single individual ormembers of a family. The aims of theSociety/Trust/Company registeredunder section 25 of theCompanies Act, 1956 should be aslaid down under section 19(1) and(2).



5.3Formation of theSociety/Trust/Company registeredunder section 25 of theCompanies Act, 1956 should alsoconform to the State Government

rules in which the school is located. The Board may in specialcircumstances exempt schools fromoperation of the above clause inrespect of schools set up in foreigncountries whereSocieties/Trust/Companyregistered under section 25 of the Companies Act, 1956 in thename of Indians cannot be registeredunder any law or enactment.

11. II 7.2 No part of income from the institutionshall be diverted to any individual inthe Trust/Society/Companyregistered under section 25 of the Companies Act, 1956/ SchoolManagement Committee or to anyother person. The savings, if anyafter meeting the recurring and non-recurring expenditure andcontributions to developmental,

depreciation and contingency fundsmay be further utilized for promotingthe school. The accounts should beaudited and certified by a CharteredAccountant and proper accountsstatements should be prepared asper rules. A copy each of theStatement of Accounts should besent to the Board every year.

12. II 13.1 The school seeking Board’s affiliation/

already affiliated to it shall be opento inspection by the InspectionCommittee deputed by the Board orthe Education Department of theState/ Union Territory in which it issituated.Provided that such InspectionCommittees shall invariably



include Board’s representatives.Provided further that the aboveproviso will not be applicable toStates/UTs who do not have theirown Educational Boards.

13. II 14(A) The Board would not allow anyproperty transfer/Sale of school byone Society/Trust/Companyregistered under section 25 of the Companies Act,1956/Management to anotherSociety/Trust/Company registeredunder section 25 of theCompanies Act,1956/Management through

agreement/ sale deed. In case suchtransaction is effected explicitly orimplicitly, the Board shall withdrawits affiliation with immediate effect.

14. IV 16.2(iii) The composition of thetrust/society/company registeredunder section 25 of theCompanies Act, 1956 managingthe school should be broad based.

15. V 17.2(a)(xii) In case of transfer of property/sale of school by oneSociety/Trust/Company registeredunder section 25 of theCompanies Act,1956/Management to anotherSociety/Trust/Company registeredunder section 25 of theCompanies Act,1956/Management throughagreement/Sale deed.

16. VI

19

Society/Trust/Companyregistered under section 25 of the Companies Act, 1956RUNNING THE SCHOOL

Role/Aims of Society/Trust/Company



19.1registered under section 25 of the Companies Act, 1956.

The Society/Trust/Companyregistered under section 25 of

the Companies Act, 1956 runningthe school has a critical and key roleto play in providing a good andhealthy climate to the school to fulfillits aim and objects, to enable thestaff provide quality education and tobe a centre for educationalexcellence. To achieve this aim, therole and responsibilities of theSociety/Trust/Company registeredunder section 25 of the

Companies Act, 1956 are definedas under:i) It should ensure that theschool gets proper land, building,equipment, furniture and qualifiedstaff at least as per norms of theBoard,ii) It shall ensure that theschool is run as a community serviceand not as a business and thatcommercialization does not take

place in the school in any shapewhatsoever.iii) It shall ensure that the fundsaccruing from the school are spentfor the benefit of the school and forits expansion.iv) It shall safeguard theautonomy of the Principal andprovide him total support exceptwhen the Principal goes against theestablished and clear directives laid

down by the management.v) It shall have control over theschool management committee andshall approve the budget/tuition feesand annual charges etc., for theschool.vi) It shall have control overany capital expenditure i.e., on land



and the construction of building, itsexpansion and procurement of majorequipments for the school.vii) It shall generate funds forthe needs of the school whether it is

recurring or non recurring.viii) It shall ensure that theschool has the basic essentialfacilities such as Laboratoryequipment, equipment for gamesand sports and other co-curricularactivities, Library books etc.ix) It shall have the powers toconstitute Selection Committee/Departmental Promotion Committeesfor various categories of staff.

x) It shall have powers to laydown conditions of service as pernorms of CBSE/Government, and toapprovepromotion/appointment/terminationof the employees as well as to grantspecial increments or rewards to thestaff.

17. VI 19.2 The Society/Trust/Companyregistered under section 25 of

the Companies Act, 1956 willensure that the school is running asper the provisions of the EducationAct/affiliation norms and shall becommitted to provide qualityeducation to the children and for thisshall take necessary steps as per itsneeds.

18. VI 20.2(b)(iv) Two other persons (of whom oneshall be women); who are, or have

been, teachers of any other school orof any college, to be nominated bythe Trust/Society/Companyregistered under section 25 of the Companies Act, 1956/Board;

19. VI 20.2(b)(v) Two members, from out of a panelrecommended by the



Trust/Society/Company registeredunder section 25 of theCompanies Act, 1956 Board; to benominated by the board. If the Panelis not accepted fresh panel may be

asked. The names recommendedshould not below the rank of aPrincipal of a Sr. Sec. School;

20. VI 20.2(b)(vi) The remaining members to benominated or elected as the casemay be, in accordance with the rulesand regulations of the society or trustor Company registered undersection 25 of the Companies Act,1956 Board by which the school isrun.

21. VI 20.3 The term of the members of theManaging Committee shall be threeyears. A member can be renominatedfor another term but a membercannot remain in office for more thantwo consecutive terms expect ex-officio members and the members of the Trust/Society/Companyregistered under section 25 of the Companies Act, 1956 of theSchool. The duties, powers and

responsibilities of the SchoolManaging Committee shall be asfollows and it shall function subject tothe control and in accordance withthe policy to theSociety/Trust/Company registeredunder section 25 of the CompaniesAct, 1956.

22. VI 21.1 1. Subject to overall control of theSociety/Trust/ Company registered

under section 25 of theCompanies Act, 1956 the SchoolManaging Committee shall have thefollowing powers/functions:i) It shall have the power to supervisethe activities of the school for itssmooth functioning.ii) It will work according to the



specific directions given by theSociety regarding admissionpolicy. However, admissions will bemade as per merit without discretionof caste/creed/religion and region.

iii) It shall look into the welfare of theteachers and employees of theschool.iv) It shall evolve both short-term andlong-term programmes for theimprovement of the school.v) It shall have the powers for makingappointment of teachers and nonteaching staff.vi) It shall exercise financial powersbeyond those delegated to the

Principal within the budgetaryprovision of the school.vii) It shall have the power to takestock of academic programmes andprogress of the school without jeopardising the academic freedom of Principal.viii) It shall guide the Principal tomaintain tone and discipline in theschool.ix) It shall ensure that the norms

given in the Act of the State and bythe CBSE regarding terms andconditions of service and other rulesgoverning recognition/affiliation of the school are strictly adhered to.x) It should ensure that the schoolgets Furniture, Science equipment,Library books and other teaching aidsand the requisite sports material inadequate quantity and on time.xi) It shall exercise powers to take

disciplinary action against staff.xii) It shall have powers to sanctionleave to the Head of the Institutionincluding casual leave.xiii) It shall ensure that no financialirregularity is committed or anyirregular procedure with regard toadmission/examinations is adopted.



xiv) It shall have the power topropose to the Society rates of tuitionfees and other annual charges andalso review the budget of the schoolpresented by the Principal for

forwarding the same to Society forapproval.xv) The Managing Committee willmeet at least twice in an academicsession.

23. VII 25(1) All appointments to all categories of employees except Group ‘D’employees as per Government of India gradation shall be made byManaging Committee either by direct

recruitment or by promotion througha Selection Committee constituted bythe School Society/Trust/ Companyregistered under section 25 of the Companies Act, 1956 and inaccordance with and upon suchconditions as the ManagingCommittee may decide, which shallbe consistent with the norms of theBoard/Government if statutoryprovision exists. Appointment of

Group ‘D’ employees will be made bythe Principal through constitutedSelection Committee.

24. VII 25(5) Where any selection made by theSelection Committee is notacceptable to the managingcommittee of the school, themanaging committee shall record itsreason for such non acceptance andrefer the matter to the trust or

society or Company registeredunder section 25 of theCompanies Act, 1956 running theschool and the trust or society, as thecase may be, shall decide the same.

25. AppendixI

2 The Constitution of the Society /Trust/Company registered under



section 25 of the Companies Act,1956 running the school copy; of thecertificate of registration; names of the members of the Society / Trust/Company registered under

section 25 of the Companies Act,1956 with occupation and address(Affidavit regarding relationshipamong the members).

(VINEET JOSHI)SECRET

ARY

1. The Commissioner, Kendriya Vidyalaya Sangathan, 18-Institutional Area, Shaheed Jeet Singh Marg, New Delhi-110016.

2. The Commissioner, Navodaya Vidyalaya Samiti, A-28,Kailash Colony, New Delhi.

3. The Director, Central Tibetan School Administration, EssEss Plaza, Community Centre, Sector-3, Rohini-85.

4. The Directorate of Education, Delhi, Chandigarh,Arunachal Pradesh, Sikkim, Port Blair.

5. The Education Departments of all States.6. All HODs of CBSE.7. EO to CM8. The Joint Secretary (A&L), CBSE, Preet Vihar, Delhi.9. The Joint Secretary (Co-ordination), CBSE, Delhi.10. The Joint Secretary (IT), CBSE, Delhi – for website.11. All Regional Offices of CBSE at Panchkula, Ajmer,

Allahabad, Chennai, Guwahati and Delhi.12. The E.O. (Humanities & Languages), CBSE, Delhi - for

Cenbosec.13. The PRO, CBSE, Delhi.14. All Heads of independent schools affiliated with CBSE

through website.15. Guard File.

Documents

Notification - Amendment in Affiliation Bye-laws15102007 (1)