CBSE Bye Laws of 2018 & Latest Provisions Related to School’s Affiliation-
The Central Board of Secondary Education (CBSE) grants affiliation to the schools across India & abroad after fulfillment of its various affiliation conditions which are published in the form of ‘CBSE Bye Laws’ time to time.
The Central Board of Secondary Education (CBSE) has recently enacted new CBSE Bye Laws in the year 2018 & the previous ‘CBSE Bye Laws of 2012’ is repealed. In the CBSE Bye Laws of 2018 the complicated procedure as existed in the CBSE Bye Laws of 2012 has been considerably simplified & now the schools are only required to take the No Objection Certificate (NOC) from the appropriate government, submit its verified documents by the District Education Officer along with the Affidavit only for the purpose of the affiliation.
As there are no detailed articles available online about the rules related to the affiliation process & requirement of the Central Board of Secondary Education (CBSE) for the parent’s point of view, I have decided to publish this article mainly for the purpose of bringing awareness in the common people about the CBSE Bye Laws so that they can keep the check on huge commercialization of the education in the name of ‘CBSE Affiliation Status’ of the school across India.
As above mentioned, the CBSE Bye Laws of 2018 has been enacted on 18.10.2018 & CBSE Bye Laws of 2012 has been repealed. The CBSE Bye Laws of 2018 can be downloaded from the following link-
CBSE Affiliation Bye Laws 2018.Pdf
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The important part of the CBSE Bye Laws 2018 from the parent’s point of view are as follows-
A. PreAffiliation Stage Requirements-
The important rules related for affiliation with the The Central Board of Secondary Education (CBSE) are as follows-
1) Categories of The Schools Eligible For CBSE Affiliation-
Rule 2.1& its sub sections from 2.1.1 to 2.1.10 of the Chapter 2 explain detailed categories of the schools eligible for the CBSE affiliation as follows-
i) Government schools run by the education departments of state or union territories,
ii) Government Aided School,
iii) Schools created by the autonomous organizations under the government like Kendriya Vidyalaya Sangathan (KVS), Navodaya Vidyalaya Samiti (NVS), Central Tibetan School Organization (CTSO), Sainik Schools etc.
iv) Schools run by government ministries/departments like Defense, Railways etc & Local Bodies.
v) Schools managed directly by Central or State Public Sector Undertakings (PSU), Statutory or Autonomous Bodies & also schools managed by their societies,
vi) Private schools established by societies registered under Societies Registration Act 1860 or under state government’s act for educational, religious or charitable societies having non proprietary character, company registered under S.8 of the Companies Act 2013 having education as its object,
vii) Foreign Schools.
2) Categories of affiliation-
Rule 2.2 & its sub sections from 2.2.1 to 2.2.6 of the Chapter 2 explain detailed categories of the schools eligible for the CBSE affiliation as follows-
i) Approval for Middle Class Syllabus,
ii) General Affiliation of a Secondary School or Senior Secondary School,
iii) Upgradation of a school approved for Middle Class Syllabus to Secondary or Senior Secondary Level,
iv) Upgradation of an affiliated Secondary School up to Senior Secondary Level,
v) Switch Over of Schools up to Secondary or Senior Secondary Level (Schools already affiliated to other boards come under this category),
vi) Regular Affiliation of Schools.
3) Essential Conditions for Affiliation of the Schools-
Rule 2.3 & its sub sections from 2.3.1 to 2.3.10 make provision for essentials for the affiliation. The important essentials are as follows-
i) School must be established & registered under the law-
The school must have been registered under the relevant acts like societies act, company act or may be registered as Public Sector Unit (PSU), government autonomous body etc.
ii) School Management Committee-
It should have scheme of management & also School Management Committee (SMC) as stipulated under RTE Act 2009.
iii) Recognition-
It must have got the Recognition from the appropriate government under RTE Act 2009.
iv) No Objection Certificate (NOC)-
School should submit the No Objection Certificate (NOC) from the appropriate government for the purpose of affiliation.
v) Land Requirement-
Chapter III of the affiliation CBSE Bye Laws 2018 deals with the land requirement. Important provisions related to the requirement of the land are as follows-
a) Contiguous & Single Plot-
The CBSE Bye Laws make it necessary that the school land should be contiguous single plot. Also it makes it clear that even if there are 2 survey numbers of the land, it must be adjacent/touching each other and should make the the single land as a whole.
b) Suitable building, Playground & Pucca Boundary-
There should be suitable building, proper playground & the land above mentioned should be surrounded by the pucca boundary wall of sufficient and adequate height.
c) Area of the land-
In general though the CBSE makes provision that the school seeking the affiliation should have land area minimum of 8000 Square Meters, it has made many provisions for the relaxation of land requirement depending upon the location & number of sections of the school as follows-
i.Relaxation of land area to 4000 Square Meter for following areas-
Land requirement for the areas where population exceeds 15 lacs, hilly areas, state capitals, North Eastern States, Municipal authority areas of Gaziabad, Noida, Faridabad & Gurugram cities of National Capital Region, Municipal authority areas of Panchkula (Haryana) & Mohali (Punjab) the satellite city of Chandigarh.
ii.Relaxation of land area to 2000 Square Meter for Secondary School & 3000/4000 Square Meter for Higher Secondary School-
For the cities classified as Class X by the Indian government (at present, Ahmedabad, Hyderbad, Bengaluru, Pune) minimum land area for the secondary school shall be 2000 Square Meter & 3000/4000 Square Meter for Higher Secondary School depending upon the other restrictions.
iii.Relaxation of land area to 1600 Square Meter for Secondary School & 2400/3200 Square Meter for Higher Secondary School-
The CBSE bye laws have made further relaxation in general requirement of land area to 1600 Square Meter for Secondary School & 2400/3200 Square Meter for Higher Secondary School for following cities & areas-
4 Metro Cities of Chennai, Delhi, Mumbai & Kolkata,
Schools in Arunachal Pradesh, Sikkim & school located on Islands.
d) Ownership of the Land-
i. In case of Ownership-
The land document title should be Sale Deed/Conveyance Deed/Gift Deed, Lease Deed/Allotment Letter etc. duly registered before the registration authority.
ii. In case of lease-
Lease Deed of the land/building should be duly registered before the registration authority for minimum period of 15 years & if the lease is executed by the government agency it may be accepted even if it is less than for period of 15 years.
Vi) Physical Infrastructure-
Chapter 4 deals with the provisions related to the physical infrastructure as follows-
a) Area of Classroom-
Minimum size of the classroom should be 8M X 6M (approximately 500 square feet) & there shall be minimum 1 room for each class & minimum floor space for each student should be 1 square meter.
b) Science Laboratory-
Provision has been made that there shall be composite science laboratory for Secondary School but for Senior Secondary classes there shall be separate Physics, Chemistry & Biology laboratories & minimum size for Science Laboratories shall be 9M X 6M (approximately 600 sq. ft.).
c) Library-
Minimum size of the library shall be 14M x 8M fully equipped with reading room facility, with enough books of categories like, fiction, non-fiction, reference books, Encyclopedias, Magazines etc.
d) Computer Laboratory-
The school should have minimum 20 computers & maintain the student computer ratio of 20:1. If the numbers of the students is more than 800 the school may add another computer laboratory if required.
e) Mathematics Laboratory-
There should be Mathematics Laboratory with size of normal classroom.
f) Rooms for Extra Curricular Activities-
There should be either-
Separate Rooms for- Music, Dance, Arts, Sports etc.
Or,
Multipurpose Hall adequate for all purposes.
g) Play Ground-
Play Ground with 200mtr Athletics Track and adequate facilities for Kho Kho, Kabadi, Volleyball & Basketball etc.
h) Drinking Water, Toilets & Other Physical Facilities-
There should be portable drinking water on each floor,
Clean & hygienic toilets separately for boys & girls in adequate proportion,
There should be ramp in toilets for wheel chairs in accordance with the Rights of Persons with Disabilities Act, 2016,
i) Safety Norms-
The school shall also follow the guidelines related to safety of children of –
i.Supreme Court in WP/483/2004 (Avinash Mehrotra Vs Union of India),
ii. School Safety Policy 2016,
iii. Manual on Safety & Security of Children in Schools developed by National Commission for Protection of Child Rights (NCPCR),
iv. National Building Code 2005,
j) Enrollment & Section Restrictions-
Optimum Number of students in each classroom shall be 40 & availability of 1 square meter Built Up Floor area for 1 student has been made absolute necessary condition subject to conditions in Appendix VI.
*4) Ban for Dual Affiliation-
The CBSE Bye Laws 2018 put an express ban on the schools from using Dual Affiliation. The Rule 2.4.13 of the Bye Laws put ban on use of two affiliations with the same set of infrastructure & land.
*5) No Commercialization of Education-
Rule 9.1.3 of the Chapter 9 prohibits the commercialization of education and that school would be served as community service & not as business.
*In my opinion, point 4 & 5 above mentioned prohibit the schools to run other board’s affiliated schools simultaneously & if it is being run by any school same act is liable to be punished & prosecuted under the existing Bye Laws.
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Read Also-
How to Check CBSE Affiliation of the School Online Instantly
6) Refund of School Fees-
The CBSE Bye Laws 2018 has made a very important provision to refund the fees in the event of discontinuation of studies or migration to some other school. The Bye Laws state that the fees shall be charged only up to the month of discontinuance & migration & not up to the month in which the transfer certificate is applied for.
7) Development & Maintenance of Website & Uploading Vital Information by the School-
The school after the grant of affiliation must develop & maintain the website and all vital information shall be uploaded as follows-
Postal Address, Email & Contact Number Details,
Infrastructure Details,
Details of Number of Students,
Details of Teachers & their Qualifications,
Details of Number of Copies of Transfer Certificates Issued,
Details of The Fees Charged By The Management,
List of Books Signed By The Manager as well as Principal With their Signs On It,
Overall Results,
PTA Activities etc.
8) Physical Education Teacher, Special Educator, Counselor & Wellness Teacher-
Every school should appoint Physical Education Teacher (PET) with ratio of 1:500 students whereas it has been mandatory upon every Secondary & Senior Secondary schools to appoint Special Educator, Counselor & Wellness Teacher as per the norms of the CBSE.
B. Important Provisions Related to the Inspection of the School & Procedure for the Inspection Team of the CBSE-
Chapter 11 of the CBSE Bye Laws 2018 deals with the Inspection of the School & Procedure for the Inspection Team of the CBSE visiting for the affiliation as follows-
1) Members for Inspection-
It states that there shall be Inspection Team of minimum 2 members & one of such team member shall be academician. For the Surprise Inspection a single member can visit the school premises without serving any notice to the school management.
2) Inspection Purposes-
CBSE may conduct inspection for various reasons- inspection for affiliation purpose, surprise inspection, periodical regular inspection, inspection for extension of the affiliation etc.
3) Procedures for Inspection Committee-
i. No Inspection on Holidays-
For the Inspection for the Affiliation & Inspection for Extension of Affiliation the inspection is prohibited on Holidays in any circumstances and such inspections have to be conducted on regular working days only while teaching is taking place in the school.
ii. Members to send/upload deficiencies to CBSE-
The Inspection Committee should send/upload the deficiencies observed by them in the Affiliation Form of the school.
iii.Not to take help from the school in report submission-
The Inspection Committee members are prohibited to take any help from the school representatives in submission of their report on their Online Pro Forma.
iv. Videography Mandatory-
The Inspection Committee members are strictly directed to make video recording of whole process and make sure that infrastructure, classrooms, laboratories, play grounds, boundary walls, aerial view are covered in it.
v.Submission of the report within 3 days to the board-
It is made mandatory on the Inspection Committee Members to submit the report to the CBSE Board within 3 days of their inspection & that failure to do shall result in suitable action against them.
vi.High Standards of Ethics, Morals & Integrity-
The members are required to uphold high standards of ethics, morals & integrity and are prohibited to accept any kind of hospitality from the school management.
C.Penalties & Grounds for Penalties-
Chapter 12 deals with the type of penalties & grounds for the penalties as follows.
1) Penalties-
Rule 12.1 & its sub sections from 12.1.1 to 12.1.10 mentioned in Chapter 12 deal with the types of penalties CBSE Board can impose upon the school management as follows-
i. Written Warning,
ii. Imposing fine up to Rs.500000/-,
iii. Downgrading school from Senior Secondary Level to Secondary Level,
iv. Restricting number of sections in the school,
v. Debarring the school from the sponsoring students for the board examination for period of 2 years,
vi. Debarring school for applying for affiliation or restoration for affiliation for the period of up to 5 years,
vii. Suspension of affiliation for definite period,
viii. Withdrawal of affiliation in particular subject or stream,
ix. Withdrawal of affiliation etc.
2) Grounds for the penalty-
Rules 12.2.1 to 12.2.16 deal with the grounds for imposing penalties above mentioned against the school as follows-
i. Gross malpractices in examination, administrative or financial matters,
ii. Non compliance of orders of the court, CBSE board’s directions & also of orders or directions of the state or central government,
iii. Violations of affiliation bye laws,
iv. Shortcomings of requirements of affiliation bye laws,
v. Withdrawal of recognition or No Objection Certificate (NOC) from the state government,
vi. Express order from the appropriate government to disaffiliate, shut down the school permanently or any other penalty,
vii. For not sending the teachers for the training purposes etc.
viii. For not nominating the teachers/principals/staff for evaluation of answer scripts of the board’s examination.
ix. For violating the provision of refund of fees of the board,
x. Not being able to keep the pass percentage of students to at least 50% for 3 consecutive years.
D. Important General Rules-
Chapter 14 further makes following important rules-
1) Rules Related to Board’s Examination-
The school shall not present any student for the board’s examination who is not on their roll or from unaffiliated school. Also No student shall be presented for the board’s examination who is on the school’s roll but has not secured minimum attendance of the school.
2) The School Shall Publish the Annual Report Website before 15 September of Every Year-
The school shall upload the Annual Report Containing-
i. Name, Postal Address, Email, Contact Number,
ii. Affiliation Status,
iii. Period of Affiliation,
iv. Infrastructure Details,
v. Academic Calendar,
vi. Details of the teachers and their qualifications,
vii. Details of teachers training, academic achievements, innovations,
viii. Details of overall results,
ix. PTA activities,
x. Important School Management Committee (SMC) decisions etc.
3) Prohibition on Multiple Use of Building-
Multiple use of building is strictly prohibited and is allowed only for the ‘Promotion of Education’ & ‘Skill Development’ including Vocation Education but the school has been strictly prohibited to run any commercial activity in its building or infrastructure.
4) Affidavit by the school Management-
It is of utmost importance to note that the school management has to submit the affidavit under Appendix IV and few important provisions which the school has to assure on oath are as follows-
i) No Commercialization of Education-
The no commercialization of education shall be done and that school would be served as community service & not as business.
ii) Not diverting the school income or funds to others-
That the no part of income or school fund is or will be diverted to any other individual, trust, company.
iii) Not opening the CBSE Pattern Classes without Formal Grant & No Use of CBSE Name Without Affiliation-
That the school will not open any classes under ‘CBSE pattern Classes’ till grant of affiliation particularly of Standards 9 to 12 & that school shall not use CBSE name without affiliation in any manner.
iv) Not Starting the CBSE Pattern Classes Without Submitting the Commencement Certificate-
School Shall not start ‘CBSE Pattern Classes’ without submitting the Commencement Certificate to the effect that school has complied all the conditions imposed by CBSE as well as post affiliation conditions too.
v) No Coercion to Buy Books/Stationery/Uniform from Particular Shop-
That the school shall not coerce student/parent to buy Books/Stationery/Uniform from Particular Shop.
We hope the parents would find this article helpful & i appeal them to mention the provisions and prayers for the action against any schools whether they are at pre affiliation or post affiliation stages in confirmation with the CBSE Bye Laws 2018 which should bring the positive results.
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-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan
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