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TERTZ I AT STATROT 97T IR-3, SRR », j0%0/3MET 23, T ¥R 23 SCHOOL EDUCATION AND SPORTS DEPARTMENT Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya, Mumbai 400 032 dated the 5th October 2020.
NOTIFICATION MAHARASHTRA SELF-FINANCED SCHOOLS (ESTABLISHMENTS AND REGULATION) ACT, 2012.
No. SFS 1114/Cr 299/SM-2.— In exercise of the powers conferred by sub-section (1) of section (23) of the Maharashtra Self-financed Schools (Establishment and Regulations) Act, 2012 (Mah. I of 2013) and of all other powers enabling it in this behalf, and in supersession of all the existing rules, orders and other instruments issued in this behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by subsection (1) of section 23 of said Act, namely :—
1. Short title— These rules may be called the Maharashtra Self-Financed Schools (Establishment and Regulations) Rules, 2020.
2. Definitions.— (1) In these rules, unless the context otherwise requires,—
(a) "Act" means the Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012 (Mah. I of 2013);
(b) “Applicant” means any registered company or a registered trust or a registered society or a local authority intends to establish a new school or up-grade the existing school;
(c) "Chairperson" means the Chairperson of the Field Level Authority or the State Level Authority, as the case may be;
(d) “Commissioner” means the Commissioner of Education, Maharashtra State;
(e) '"Deputy Director" means the Regional Deputy Director of the School Education and Sports Department appointed for each division or region;
() '"Deputy Education Officer" means the Deputy Education Officer of the concerned area of the District;
(g) “Education Officer” means,-
(i) in Mumbai Municipal Corporation area,— (A) in relation to primary education, Education Officer (Greater Mumbai);
(B) in relation to secondary education, Education Inspector (West, South and North);
and
(ii) in other districts,— (A) in relation to primary education, District Education Officer (Primary);
(B) in relation to secondary or higher secondary education, District Education Officer (Secondary);
(h) “Form” means the Forms appended to these rules;
(i) “Government” or “State Government” means the Government of Maharashtra;
(i) “Letter of Approval” means an order issued by the Government by which final approval is given to the Applicant for establishment of a new school or up-gradation of existing school;
2% TERTZ JIE AT STATERUT 91T IR-3, ST b, 0%0/3AMET 23, TH 2R¥3
(k) “Letter of Intent” means the initial permission or approval given by the Government to the Applicant to commence the work for establishment of a new school or up-gradation of the existing school with conditions;
(1) “RTE Act” means the Right of Children to Free and Compulsory Education Act, 2009 (35 of 2009).
(2) The words and expressions used in these Rules but not defined shall have the same meanings respectively assigned to them in the Act.
3. Procedure of making and processing application under section 3 of Act.— (1) The Applicant shall submit an online application under sub-section (1) of section (3) of the act to the concerned Field Level Authority of the District, in the format provided in Schedule A alongwith the documents as specified in Schedule B appended to the Act and with such fees as specified by the Government by an order, issued from time to time.
(2) The fees specified in sub-rule () shall be paid in the manner as may be specified by the Government.
(3) The Field Level Authority shall scrutinize the application and if, there is any deficiency in the application or any documents mentioned in Schedule B is not attached, then it shall be communicated to the concerned Applicant online within thirty days from the date of receipt of the application, for necessary compliance.
(4) After receiving the communication under sub-rule (3), the Applicant shall comply with the same within six months from the date of receipt of the communication. Provided that, if the Applicant make an application to extend the said period, the Authority may after considering the reasons specified by the Applicant, extend the said period not more than three months for compliance.
(5) After scrutiny of an application, the Field Level Authority shall prepare a Report on the proposal of the Applicant and forward the same online to the Government within one month, from the date of receipt of Application or compliance by Applicant, if any, as the case may be. The copy of the Report shall be forwarded online to the State Level Authority, for information.
(6) If the Field Level Authority is satisfied that it is necessary to make a spot visit, the Authority may make spot visit or inspection of the place where the institution is situated, within one month from the date of receipt of application or after receiving the compliance of necessary documents from the Applicant, if any.
4. Procedure for issuing Letter of Intent.— (1) After receipt of the Report under sub-rule
(5) of rule 3, the Government shall verify the application and the Report. If the Government is satisfied that the application is as per the provisions of the Act and the Applicant has complied with all the requirements of the Act, the Government may issue the Letter of Intent in FORM II online to the Applicant with such terms and conditions as may be specified therein.
(2) The Letter of Intent shall be valid for eighteen months from the date of issue by the Government. The Applicant shall comply with the necessary conditions mentioned in the Letter of Intent:
Provided that, if the Applicant fails to comply with the conditions mentioned in the Letter of Intent within the time-limit, the Letter of Intent shall be deemed to have been lapsed.
(3) The Government shall also forward the copy of the Letter of Intent simultaneously to the Field Level Authority and the State Level Authority.
(4) If the application does not fulfilled the requirements of the Act and these rules, the Government may reject the Application and the same shall be communicated online to the TERTZ I AT STATROT 97T IR-3, SRR », j0%0/3MET 23, T ¥R W concerned Applicant in FORM IV with reasons, within three months from the receipt of the Report from the Field Level Authority.
5. Procedure of making application for Letter of Approval.— (1) After receiving the Letter of Intent, the Applicant shall comply with the requirements and fulfil the conditions mentioned in the Letter of Intent within the time specified in the Letter of Intent.
(2) After compliance of the conditions mentioned in Letter of Intent, the Applicant shall make an online application along with supporting documents, to the concerned Field Level Authority of the District, within eighteen months from the date of the receipt of Letter of Intent, for issue of Letter of Approval, to establish a new school or to upgrade the existing school, as the case may be.
(3) The Field Level Authority shall make the scrutiny of the application received under subrule (2). If there is any deficiency in the application or any documents mentioned therein or appended thereto, then it shall be communicated to the concerned Applicant within three months from the date of receipt of the application, for necessary compliance.
(4) After receiving the communication under sub-rule (3), the Applicant shall comply with the same within six months from the date of receipt of the communication:
Provided that, if the Applicant make an application to extend the said period, the Authority may after considering the reasons specified by the Applicant extent the said period not more than three months for compliance.
(5) The Field Level Authority shall also make a spot visit of the place or inspection of the place, where the institution is situated, within thirty days from the date of receipt of the application or after receiving the compliance from the Applicant, if any.
6. Decision of Field Level Authority on Applications.— The Field Level Authority shall take a decision on the applications received and shall prepare and submit an online Report in FORM I to the State Level Authority, on each Application with recommendations, if any, within three months of the meeting.
7. Meeting of State Level Authority.— (1) The Member-Secretary of the State Level Authority shall arrange one or more meetings for taking a decision on the Reports received under rule 6.
(2) The State Level Authority shall scrutinize the Reports received by the Field Level Authority. If Authority is satisfied that there is any deficiency in the Application, the Authority shall communicate the same to the concerned Applicant for necessary compliance within one month.
(3) If the State Level Authority is satisfied that, the Field Level Authority has not properly examined the proposal, the State Level Authority may refer back the Report to the concerned Field Level Authority for necessary compliance.
(4) If the State Level Authority approves the proposal of the Applicant and accepts the Report of the Field Level Authority, it shall forward the Report in FORM I alongwith its recommendations online to the Government within sixty days from the date of the meeting.
8. Issue of Letter of Approval — (1) After receipt of the Report from the State Level Authority, the Government shall consider the application of the Applicant, the Reports of the Field Level Authority and State Level Authority. If the Government is satisfied that the Applicant has complied with the conditions of the Letter of Intent, the provisions of the Act and the RTE Act and the rules made thereunder, the Government shall grant the permission to establish a new school applied for or for up-gradation of existing school under section 7 and issue the Letter of Approval in FORM III to the Applicant, within three months from receiving the Report.
2 2 TERTEE T 0 FEERT W7 IR-3, AR &, R0%0/AMTIaT 23, T Q¥R If the application of the Applicant is rejected under section 7, the Government shall communicate the decision in FORM IV to the Applicant online with reasons.
(3) The Government shall send the copy of Letter of Approval issued under sub-rule (1) or order issued under sub-rule (2), to the State Level Authority and to the concerned Field Level Authority.
(4) The Letter of Approval issued to the Applicant shall be subject to the provisions of section 11 of the Act.
9. Appointment of Field Level Authorities.— There shall be a Field Level Authority for each District. The Field Level Authority shall consist of the following Members,—
(a) ®)
(c) d)
(e) ® (]
10.
Deputy Director of the Concerned Division — Chairperson;
Education Officer (Secondary) of the concerned District/Education Inspector (Greater Mumbai) — Member ;
Principal of District Education and Training Institute (DIPT) of the Concerned District — Member ;
Education Officer (Primary) of the Concerned District — Member ;
Joint District Registrar of Stamps of the concerned District — Member ;
Concerned Tahsildar or his representative- Member ;
Deputy Education Officer (Secondary) of the concerned District / Deputy Education Inspector (Greater Mumbai)- Member-Secretary.
The powers and duties of the Field Level Authority.— The Field Level Authority shall exercise the following powers and perform the following duties, namely :— (@) () (® to accept and scrutinize the applications received under the Act;
to inspect the concerned Educational Institute and the documents thereof through the concerned Education Officer or Education Inspector or any officer authorized for the purpose;
to verify the original agreement, from the office of Sub-Registrar of the concerned District and other related documents submitted by Applicant;
to verify the proposal of the Applicant is in conformity with the provisions of the Act and RTE Act and rules made thereunder;
to prepare the Report and submit the same online to the State Level Authority along with the recommendations and documents;
to observe the directions given by the Government and the State Level Authority from time to time, as per the provisions of the Act and rules made thereunder;
to maintain the record of all the applications received under the Act.
11. Procedure to be followed for transacting business of Field Level Authority .— The Field Level Authority shall follow the following procedure while transacting its business, namely :— (@) The Deputy Director of Education of the concerned Division shall be the Chairperson of the meeting. In the absence of Chairperson, any other Member who is selected by the present Members shall be the Chairperson of the meeting.
TERTE I AT STATERTT 9T AR, SR b, R0%0/AMET 23, T R]¥R 29
(b) The notice of the meeting shall be issued by the concerned Member-Secretary at least two days before the meeting and it shall include the place and time of the meeting.
(c) The quorum for the meeting shall be minimum three of the Members.
12. Appointment of State Level Authority.— There shall be a State Level Authority consist of the following Members,—
(a) Commissioner of Education— Chairperson;
(b) Inspector General of Registration -Member;
(c) Director of Education, Secondary and Higher Secondary — Member;
(d) Director of Education, Primary — Member;
(e) The Concerned Joint Director of Education, Secondary and Higher Secondary — Member-Secretary.
18. Powers and duties of State Level Authority— The State Level Authority shall exercise the following powers and perform the following duties, namely :—
(a) to scrutinize the applications and Report submitted by the Field Level Authority for establishment of new schools or the up-gradation of existing schools;
to ve: e proposal of the cant is in conformity with the provisions of the Act b) rify the proposal of the Appli is i nformity with the provisi f the Ac and RTE Act and rules made thereunder;
(c) to submit the Report online to the State Government along with the recommendations;
d) to observe the directions given by the Government, from time to time, as per the gr Y P provisions of the Act;
(e) to supervise the working of the Field Level Authorities;
(f) to seek advice or take help from anyone to perform the duties under the Act;
(g) to maintain the record of all the application received under the Act.
14. Procedure to be followed for transacting business of State Level Authority.— The State Level Authority shall follow the following procedure while transacting its business, namely :—
(a) The State Level Authority shall hold its meeting as and when necessary.
(b) The Commissioner of Education shall be the Chairperson of the meeting. In the absence of the Chairperson, the Director of Education (Secondary and Higher Secondary or Primary) shall be the Chairperson of the meeting.
(c) The notice of the meeting shall be issued by the Member-Secretary at least two days before the meeting and it shall include the place and time for the meeting.
(d) The quorum for the meeting shall be minimum three of the members.
15. If any difficulty arises in accepting the applications through online, Government may accept such applications offline. Such applications shall be forwarded to the Field Level Authority of concerned District, for scrutiny and processing as per the rules 3 and 5.
HAT IR-8-3R-3 ¢ TERTEE T 0 FEERT W7 IR-3, AT &, R0%0/AMIT ¢3, T ¥R FORM I See rule No. 6 and 7 (4) Report of Field / State Level Authority No.-...........
Subject :- Application to start new school or upgrade the existing school on Self-financed basis under the Maharashtra Self-financed Schools (Establishment and Regulations) Act, 2012.
The following application is received to start new school or upgrade the existing school on Self-financed basis under the Maharashtra Self-financed Schools (Establishment and Regulations) Act, 2012 and the following decision is taken with regards to the said application.
Sr. Name of the Name of the Board |Type of| Medium | Recommendation Society/Trust/ |new School / | Affiliation | School No. Company [Up Gradation Place St 1) (2) (3) 4 (5) (6) (7 Yours faithfully, Chairman, Field/State Level Committee.
TERTEE I AU FEEART W07 IR-, AR &, 20%0/IAMFT 23, T ¥R ) FORM II See rule No. 4(1) Letter of Intent No.:ooos To, The Name and address of Applicant.
Subject - Letter of Intent to start new school or upgrade the existing school on Self- Financed basis under the Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012.
Ref. - Application of Applicant, dated.../.../20.......
The Application to start new school or up-grade the existing school......... name and address proposed school............ from academic year 20....-20.... on self-financed basis for ....primary or upper primary or secondary or higher secondary... under the Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012, was submitted by...... the registered trust or society or company......
2. With reference to your application on the subject mentioned above, this is to inform you that the Letter of Intent is issued to you for commence the work of .....name and address of the proposed school....to start the school of ..primary or upper primary or secondary or higher secondary... with affiliation to ............ Board from the academic year 20...-20... on the selffinanced basis under the Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012, and the Maharashtra Self-Financed Schools (Establishment and Regulation) Rule, 2020, with following terms and conditions.
3. Terms and Conditions :—
(i) The Letter of Intent does not guarantee the Letter of Approval until compliance of the provisions of the Act and the rules made thereunder.
(ii) The Registered Trust or Society or Company cannot start the school on the basis of Letter of Intent.
(iii) Letter of Intent cannot be used as No Objection Certificate for affiliation with CBSE/CISCE/CAIE/IB, etc., Boards.
(iv) It shall be mandatory for the Registered Trust or Society or Company to comply with the norms, terms and conditions about infrastructure and physical facilities (like classrooms, toilets, drinking water facility, principle and staff room, library, laboratory, etc.) as provided in the Right of Children to Free and Compulsory Education Act, 2009 and the Maharashtra Right of Children to Free and Compulsory Education Rule, 2011 and directions issued by the Government in this behalf, from time to time, within 18 months from the receipt of the Letter of Intent.
HATEIR-§-3%-381 TERTEE I U FHERT W IR-, AR &, R0%0/AMIaT ¢3, T ¥R
(v) After compliance of above-mentioned facilities, it is the responsibility of trust or society or company to submit an application for Letter of Approval to Filed Level Authority of the concerned District within the 18 months from the receipt of Letter of Intent.
(vi) If the management fails to submit an application for Letter of Approval within 18 months, then the Letter of Intent stands cancelled. The letter of Intent cannot be extended in any condition.
(vii) The place for proposed School shall not be changed after the issuance of the letter of Intent. If the management makes an application for Letter of Approval at other place than sanctioned by the Government, the Letter of Intent shall stand cancelled.
(viii) The State Government may cancel the Letter of Intent granted at any time, on the reason of violation of any of the provisions of the Act or rules made thereunder or failure to comply with any directions issued under the Act or the norms or standards or terms and conditions stipulated by the Government in this behalf, from time to time.
(ix) Any other condition as may be specify by the Government.
( ) Joint / Deputy Secretary Government of Maharashtra.
Copy for information.— Commissioner of Education, Maharashtra State, Pune.
Director of Education (Secondary and Higher Secondary), M.S. Pune.
Director of Education (Primary), M.S, Pune.
Divisional Deputy Director of Education of concerned Division.
Education Officer (Primary/Secondary), Z. P. of concerned District.
Select file sm2.
TRRTZ JIEH IATT FAERT AT TR-3, AR &, j0%0/3ET t3, T 23¥R R FORM III See rule No. 8 (1) Letter of Approval To Name and address of Applicant.
Subject - Letter of Approval to start new school or up-grade the existing school on Selffinanced basis under the Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012.
Ref.- Letter of Intent, No:....................c.oco , Date-..../.../20....
An Application of Applicant, date-../.../20....
The Application to start new school or up-grade the existing school for Primary or Upper Primary or Secondary or Higher Secondary from academic year 20....-20.... on self-financed basis under the Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012, was submitted by......name and address of registered trust or society or company......
2. With reference to your application, the Letter of Approval was issued to start a new school or upgrade the existing school of .....name and address of the proposed school....managed/run by .....name and address of the registered trust or society or company or local authority...... for primary or upper primary or secondary or higher secondary of the medium................ with affiliation to .............. Board from the academic year 20...-20... on the self-financed basis under the Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012, and the Maharashtra Self-financed Schools (Establishment and Regulation) Rule, 2020 with the terms and conditions. Now the approval to start a new school or upgrade the existing school is granted subject to the following terms and conditions:-
3. Terms and Conditions:-
(i) The proposed school shall fulfil all the norms, terms and conditions laid down by the Right of Children to Free and Compulsory Education Act, 2009 and the Maharashtra Right of Children to Free and Compulsory Education Rule, 2011 and directives given or the norms or standards or terms and conditions stipulated by the Government in this behalf, from time to time.
(it) It is mandatory for the Registered Trust or Society or Company to observe the norms, terms and conditions laid down by the Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012 and directives given or the norms or standards or terms and conditions stipulated by the Government in this behalf, from time to time.
(iii) It is mandatory to get permission for No Objection Certificate to those school Managements, want to affiliate with CBSE or CISCE or CAIE or IB Board from Government, as per directions given by the Government in this behalf, from time to time.
TERTEE I U FHERT W IR-, AT &, R0%0/AMIT ¢3, T ¥R P X
(iv) The school Management shall communicate to the concerned District Education Officer before the beginning of the Academic year sanctioned by the Government.
(v) The permission granted to establish a new school or upgrade a school under the provisions of the Act shall be for the academic year for which it is sanctioned.
(vi) If the school Management fails to start the school within 18 months, the Letter of Approval granted stands cancelled.
(vii) The Medium of instruction, place of school that sanctioned to school Management shall not be changed in the future without permission from the Government.
(viii) If the school Management established the school at other place other than sanctioned by the Government, the permission stands cancelled.
(ix) It has been provided that, the Self-financed School shall recruit teaching and non teaching staff as per prevailing Government rules and regulations.
(x) While filling district wise data, the school that has been granted permission, shall fill “Self Financed School” as separate category and get UDISE number. The State project Director, MPSP, Mumbai has been declared as Nodal Officer in this regard.
(xi) The school Management shall display the board of “Self-financed Permitted School” at the entry gate of the Campus of school.
(xii) The State Government can cancel the Letter of Approval granted at any time, on the reason of violation of any of the provisions of the Act or rules made thereunder or failure to comply with any directions issued under the Act or the norms or standards or terms and conditions stipulated by the Government from time to time.
(xiii) Any other condition as may be specify by the Government.
— ) Joint / Deputy Secretary, Government of Maharashtra Copy,— Commissioner of Education, Maharashtra State, Pune.
Director of State Project, MPSP, Mumbai.
Director of Education (Secondary and Higher Secondary), M.S. Pune.
Director of Education (Primary), M.S, Pune.
Divisional Deputy Director of Education of concerned Division.
Education Officer (Primary/Secondary), Z. P. of concerned District.
Select file sm2 TERTEE I AU FEEART W07 IR-, AR &, 20%0/IAMFT 23, T ¥R P & FORM IV See rule Nos. 4(4) and 8 (2) Letter of Rejection To, The Name and address of Applicant.
Subject : Letter of Rejection of an application for new school or up gradation of school under the Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012.
Ref. : An application (name and address Applicant), date-.. /.../20....
The Application for permission to start new school or up-grade the existing school of ..... name and address of school ... for Primary or Upper Primary or Secondary or Higher Secondary from academic year 20....-20.... on self financed basis under the Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012, was submitted by...... name and address of registered trust or society or company.
2. The Application is scrutinised as per the Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012. After the scrutiny of Application, it is found that the said Application doesn’t comply with the following norms and conditions. Hence the application stands rejected by the Government.
Joint / Deputy Secretary, Government of Maharashtra.
Copy,— Commissioner of Education, Maharashtra State, Pune.
Director of State Project, MPSP, Mumbai.
Director of Education (Secondary and Higher Secondary), M.S. Pune.
Director of Education (Primary), M.S, Pune.
¥ TERTZ JIE A STATROT 91T IR-3, HERMET b, 0%0/3MET 23, T ¥R Divisional Deputy Director of Education of concerned Division.
Education Officer (Primary/Secondary), Z. P. of concerned District.
Select file sm2.
By order and in the name of the Governor of Maharashtra, IMTIYAZ KAZI, Joint Secretary to Government.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : DIRECTOR, RUPENDRA DINESH MORE.