WEST BENGAL BOARD OF SECONDARY EDUCATION
No. S/116 Date: 14th May, 2007
In exercise of the powers conferred under sub-section (5) read with clause (c) of sub-section (3) of section 19A of the West Bengal Board of Secondary Education Act, 1963, and in supersession of all previous notifications, orders and directions in so far as the subject matter relates, the Executive Committee of the West Bengal Board of Secondary Education, with the approval of the State Government as required under sub-section (6) of that section, makes the following bye-laws for recognition of unaided Institutions, namely:-
1. Short title and Commencement
(1) These bye-laws may be called the West Bengal Board of Secondary Education (Recognition of Unaided Institution) Bye-laws, 2007.
(2) They shall come into force from the date of their publication in the Official Gazette.
(1) In these bye-laws, unless the context otherwise requires, –
(a) “Act” means the West Bengal Board of Secondary Education Act, 1963 (West Ben. Act V of 1963);
(b) “Board” means the West Bengal Board of Secondary Education established under the Act;
(c) “Director” means the Director of School Education, West Bengal;
(d) “District Inspector of Schools”, in relation to a Institution, means the District Inspector of Schools (Secondary Education) exercising jurisdiction in respect of the Institution;
(e) “District Level Inspection Team” means the District Level Inspection Team constituted by the State Government under sub-section (1) of section 8 of the West Bengal Institutions (Control of Expenditure) Act, 2005 (West Ben. Act XVI of 2005);
(f) “Form” means the Form appended to these bye-laws;
(g) “recognition” with its grammatical variations, used with reference to Institutions, means recognition to an unaided Institution as may be accorded by the Executive Committee of the Board with any condition and or direction;
(h) “Institution” means a Institution as defined in clause (m) of section 2 of the Act;
(i) “State Government” means the Government of West Bengal in the School Education Department.
(j) “unaided institution” means an unaided Institution to which no financial assistance has been given or sanctioned by the State Government.
(2) The words and expressions used, but not defined, in these bye-lays and defined in the Act shall have the same meanings as assigned to them in the Act.
3. General procedure for application and recognition of an Institution
(1) An unaided Institution may apply to the Board in Form 1 seeking recognition under the Act in the month of June and July every year. Any application reaches the Board after the 31st day of July of the year shall not be considered.
(2) The number of copies of such application to be submitted and fees to be paid for such application shall be specified by the Government from time to time.
(3) After the receipt of the application under sub-clause (1), the Board shall, as soon as may be possible, make a recommendation to the Director for taking a decision regarding inspection of the Institution by the District Level Inspection Team.
(4) On receipt of the application along with the recommendation of the Board, the Director shall compile a report on applications received from the various Institutions seeking recognition.
(5) The Director shall, after compiling the report under sub-clause (4) make necessary arrangement for inspection of the Institutions by the District Level Inspection Team:
(6) No forms other than the prescribed form shall be entertained by the Board.
4. Inspection of Institution
(1) No unaided Institution shall be inspected for the purpose of recognition unless it is directed by the Director.
(2) The District Level Inspection Team shall inspect in accordance with the orders issued under sub-section (4) of section 8 of the Act and shall also ensure that the Unaided Institutions seeking upgradation shall –
(a) be located in a relatively noise-free and pollution-free area, having adequate supply of drinking water and electricity;
(b) have a building usable in all weathers;
(c) have a play ground for the students;
(d) have good road links, conveyance and communication facility;
(e) have a classroom space not less than 400 sq. ft. each;
(f) have good quality separate lavatory for students and teachers;
(g) have a girls’ common room, if it is a girls’ or co-education;
(h) have a teachers room;
(i) have adequate furniture so that students do not have to seat more than three in a bench;
(j) have science laboratories with necessary equipments;
(k) have a Library with –
(i) if such unaided Institution is a Junior High School, books not less than 500, or
(ii) if such Unaided Institution is a High School, books not less than 750, containing books on Methods of Teaching Art, Science, and Juvenile Literature excluding text books;
(l) have at least 40 effective enrollment in each class;
(m) have students admission procedure and fees structure duly published by the Managing Committee;
(n) have arrangement for periodical medical check up of students and records thereof;
(o) have a. selection committee, duly constituted by the Managing Committee, for recruiting teachers and non-teaching staff on the merit basis as per the staff pattern and qualification specified by the State Government;
(p) recruited teachers as per the staff pattern and qualification specified by the State Government;
(q) have a duly elected Managing Committee in the manner as prescribed under the Management of non-Government Institution (Aided and Unaided) Rules, 1969;
(r) have a duly published service rules and leave rules for the teaching and non teaching staff;
(s) follow the provisions relating to disciplinary proceedings in the manner as may be directed by the State Government;
(t) have determine the pay structure of its teaching and non-teaching staff in such manner as may be directed by the State Government;
(u) have provisions for contributory provident fund and gratuity to the teaching and non-teaching staff;
(v) have a fees structure for the students not enhanced without prior permission of the State Government;
(w) have in two storied building separate staircase for entrance and emergency exit;
(x) have sufficient fire safety equipments and have trained person among the staff for using fire safety equipments.
(3) if any member is absent on the date of inspection of the Unaided Institution, other members of the District Level Inspection Team shall proceed with the inspection of the Institution.
5. Submission and examination of inspection report
(1) Immediately after completion of the inspection, the District level Inspection Team shall prepare a report in Form 2 for onward transmission of the same to the Director:
Provided that if any member is absent on the date of inspection of the Unaided Institution, the District Inspector of school shall keep the report in his office and fix a date for examination of such report by the member of the District level Inspection team, who is absent during the inspection and if such member fails to inspect such report on the date fixed for the purpose, the District Inspector of Schools shall not wait further but forward the report to the Director.
(2) The Director shall examine the inspection report and enclosures as may be forwarded by the District Inspector of Schools, and forwarded the same to the State Government for issuance of necessary direction on the matter.
(3) The State Government shall verify the report received under sub-clause (2), and if it is not satisfied with the report, may, notwithstanding anything contained in bye-law 4, make further inspection of the Institution with reference to the child population of the catchments area, number of students of the nearest Institutions, number of students of the present Institution under inspection, number of teachers, general infrastructure, need and prospect of the Institution or any other criteria, which is considered necessary for the purpose.
6. Order of recognition
(1) The State Government shall, after receipt of inspection report, and completion of further inspection, if any, examine inspection report and if found eligible, issue a direction to the Board to grant recognition or refuse recognition of the unaided Institution with any conditions as are necessary.
(2) The Board shall, on receipt of direction under sub-clause (1), issue an order of recognition of Institution with such restriction and condition as may be specified in the order or refuse recognition.
7. Grant of provisional recognition
(1) The Board may issue an order granting provisional recognition to the school for a period of three years subject to fulfillment of certain conditions as may be specified by the Board from time to time.
(2) At the expiry of the period of provisional recognition, the Managing Committee of the school may apply for extension of the period of provisional recognition for a further period of three years and if the Board consider it necessary so to do, it may, by an order and for the reasons to be recorded in writing, extend the period of provisional recognition for a further period of three years.
8. Cost for inspection and recognition
The school authority shall pay such cost for inspection of the Institution and recognition there of to the State Government, as may be specified by it from time to time.
If any question arises as to the interpretation of these bye-laws, the question shall be referred to the Board for a decision and such decision of the Board thereon shall be final.