Bihar Building Bylaws, 2014

Does building of a Charitable Educational institution needs to be approved by Government

Agency?

4. Application for Building Permit:

Application shall be made to the competent authority1 in FORM II. The following shall
accompany the application for building permit in the case of permission for erection, re-erection
of making material alteration. The document shall be submitted in 4 copies along with soft copy
in PDF and CAD format.

i. Site plan- plan sent with an application shall be drawn to a scale of not less than
1:500 for areas upto hectares and not less than 1 hectare and shall show:
(a) The boundary of the site with the contagious land around it.
(b) The position of site in relation to neighboring street in which the building is
proposed to be situated, if any;
(c) The name of street in which the building is proposed to be situated if any;
(d) All existing building standing on over or under the site.
(e) The position of the building(if any) which the application intents to erect upon his
contagious land to in (a)in relation to:
1. The boundaries of the site and in case where the site has been partitioned, the boundaries of
the portion owned by the applicant and also of the portion owned by the other.
2. All Adjacent streets, building all premises within a distance of 15m of the site of contagious
land (if any) referred to in (a)
3. If there is no streets within a distance 15m of the site, the nearest existing street.
(f) The means of access from street to the building and all other building which the
owner intends to erect upon his contagious land referred to in (a);
(g) Dimension of the spaces to be left in and around the building to secure a free
circulation of air, admission of light and access to for scavenging purpose and
details of projections on the open space;
(h) The width of the street in front and of any street at the site of rear of the proposed
building
(i) Scale used and the direction of north point relating to plan of the building;
(j) Any existing physical features such as wells, drains, etc;
(k) Sewage and drainage lines upto discharge point and water supply lines;

1
Bylaw(2) (28) defines competent Authority as: the authority notified by the Urban Development and housing
development and housing department.
 (l) Location of trees;
(m) Such other particular as may be prescribed by authority;

(ii) Building Plan:

The plan of the building and two elevation and sections accompanying the application shall be
drawn to a scale not less than (1:100). The plan shall-

a. Include the floor plans/mezzanine plan/ service floor of all the floors together with the
covered area clearly indicating the size and spacing of all framing members and sizes of
rooms and the position of staircase, ramps and lift wells.
b. Show the use or occupancy of all the parts of the building.
c. Details of parking space.
d. Show exact location of essential service for example. WC, sink, bath and the like
including the water supply and drainage line,
e. Include two elevation and sectional drawing showing clearly the size of footings,
thickness of basement wall, wall construction size and spacing of framing members, floor
slabs and roof slabs with their materials and size and location of doors, windows and
other openings. The section shall indicate the heights of the building and rooms and also
height of the parapet and the drainage and slope of the roofs. At least one section shall be
taken through staircase;
f. Show all street elevations (levels), finished ground level;
g. Indicate details of compound walls(including height and sections) around the boundary;
h. Give dimensions of permissible projected portions within open spaces;
i. Rain water harvesting system, terrace plan indicating the drainage and the slope of the
roof;
j. Give indication of the north point relative to the plan and scale used; and
k. Any other particulars as desired by the authority.2

(iii) Service Plan:

Plans, elevations and sections(if any) drawn to a scale of 1:10 shall be included.

(iv) Specification:

General specification giving type and grade of materials to be used shall accompany the
application.

(v) ownership title:

2
According to Bylaw 2(13) Authority under Bihar Building Bylaws, 2014 means: the designated officer of the
respective planning authority. In case of area not covered under the planning authority, it shall be chief municipal
officer of respective municipality.
Every application of ownership shall be accompanied by the following for verifying proof of
ownership:

a. Attested copy of original sale and lease deeds, and

b. Attested copy of revenue survey sheet/ Municipal survey sheet with khera no. or mutation
record.
4. Building Plan for multi storied/ Special Buildings:
For all multi storied building which are 15m. Or more in height and for special buildings like
educational, assembly, institutional, industrial, storage, shopping complex and multiplex and
hazardous and mixed occupancies with any of the aforesaid occupancies having ground
covered area more than 500 sq. m. the following additional information shall be
furnished/indicated in building plan in addition to the items given in (4) as applicable:
a. Access of fire appliances/vehicles with details of vehicular turning circle and clear motor
able access way around the buildings
b. Size of the main and alternative staircases along with the balcony approach, corridor,
ventilated lobby approach
c. Location and details of lift enclosures
d. Location and size of fire lift
e. Smoke stop lobby/door, where provided
f. Refuse chutes, refuse chamber, service duct, etc;
g. Vehicular parking space, parking space for fire brigade and ambulance;
h. Details of how the fire brigade/ambulance will travel within the plot;
i. Refuse area, if any;
j. Details of building services- Air-conditioning system with position of fire dampers,
mechanical ventilation system, electrical services, boilers, gas pipes, etc;
k. Details of exits including provisions of ramps, etc., for hospital and special risk
buildings/uses;
l. Location of generator, transformer and switch gear room;
m. Smoke exhauster system, if any;
n. Details of fire alarm system network;
o. Location of centrailized control, connecting all fire alarm systems built-in-fire protection
arrangements and public address system etc.;
p. Location and dimension of static water static water storage tank and pump room along
with fire service inlets for mobile pump and water storage tank;
q. Location and details of fixed fire protection installation , such as sprinklers, wet risers,
horse-reels, drenchers, etc; and
r. Location and details of first-aid firefighting equipment/installations.
s. Longitudinal cross section of the building including size of footings, basement and super
structure framing members and details of building and room heights and of staircase.
 i. Service plans: the service plan shall include all details of building and plumbing
services, and also plans, elevation and sections of private water supply, sewage
disposal system and rain water harvesting system.
ii. Landscape plan: the landscape plan shall include the area to be developed as lawn,
garden, plantation etc.
iii. Specifications: specifications, both general and detailed, giving type and grade of
materials to be used duly signed by the registered architect, engineer, structural
engineer shall accompany the notice.
6. Certificate/clearances:
i. Attested copy of original sale/lease deed, attested copy of the revenue
receipt/municipality holding number and mutation records.
ii. In case the applicant is a trust, group of persons, partnership or a company, a
registered agreement the holder of the right, title and interest and the applicant,
valid under the transfer of properties Act, 1982 and copies of the agreement/
Article of Association/Memorandum/ bye-laws.
iii. No objection certificate from Bihar state Housing Board/any Regional
Development Authority, for additional constructions, in case the house/plot is
delivered by the board or authority.
iv. Necessary environmental clearance from appropriate authority wherever
applicable.
v. For all Building with a height of 15.0 meter and above or ground coverage more
than 500 sq. m, NOC from the authority to be notified under Chapter Vi of the
Bihar Fire Services Act, 2014, Shall be submitted.
vi. NOC from Airport Authority of India shall be furnished wherever applicable.
vii. A certificate from registered Engineer that the building plan and the design
complies with the earthquake Safety Requirements as stipulated in the appendix
A. for buildings above G+2 the registered Engineer Shall also supervise the
construction of the building so that the provision mentioned circular are complied
with (Form III)
viii. For building more than 15m in height, Structural Stability certificate in the
Prescribed Form IV with design Basis Report, signed by the engineer/ structural
engineer and the owner shall be furnished.
ix. Supervision certificate in Form-V shall be furnished by the registered architect/
engineer/ structural Engineer/ Supervisor/Town Planner undertaking the
supervision.
x. A check list in Form-VI shall be furnished by empanelled/ registered technical
person.
7. Fees- 1. The Authority shall levy the following fees:
I. Every Application for permission for building operation or development shall be
accompanied by a building fees as specified in these Bye laws.
 II. Fees towards premium FAR as decided by the authority from time to time with the
approval of the department.
III. Fees for retention of structures for temporary period shall be as decided by the
authority from Time to time.
IV. Fees for change of occupancy as decided by the authority from Time to time.
V. Fees for change of land use as decided by the authority from time to time.
VI. Any other fee decided by the authority with the approval of the urban Development
and Housing Department.
VII. The Department may change the fees prescribed in these bye laws through a
notification.

(3) Building Permit fee

The fees for building permit shall be as per the Table:

Building Permit Fees

(in Rs. Per sq. meter built-up area)

Sl.no. Height of the Gram Nagar Municipal Municipal Corporation

building Panchayat Panchayat Council Population Population
within up to 10 above 10
Planning lacs Lac.
Area
(i) (ii) (iii) (iv) (v) (vi) (vii)
1 Up to 10.0 m 3.0 4.0 6.0 10.0 12.0
2 Up to 15 m 5.0 6.0 8.0 15.0 18.0
3 More than 15m 6.0 8.0 12.0 20.0 25.0

(i) Building for charitable purpose: in case of institutional building built for charitable ,
religious purpose the fees shall be charged as half of the rates prescribed in the table.

To download and have a look at various forms, please follow the link:
http://urban.bih.nic.in/Docs/Plan-Approval-Procedure.pdf
Q. who will grant permission to in the state Education department for opening School?

Since the School Ltd. will have classes from standard I to VI, necessary permission to start the
School will have to be obtained from the local District Education Officer (primary wing).
However, some States in the Country have classified Standard I to IV as Primary and Classes V
as Secondary. As such, two approvals are required from such States, One from Primary Wing
and another from Directorate of Secondary Education for starting classes for standard V. Govt.
of Bihar consider Class I-V as Primary Classes.

Q. Will there be requirement for any permission of the State Education Department to
open the School?

The subject of education has been included in the concurrent list in the Constitution of India.
Therefore, prior approval of the State Government will be required for opening of a new school
in private sector, irrespective of the board of Affiliation and medium of instruction.

Section 11 of the THE BIHAR STATE FREE AND COMPULSORY EDUCATION OF

CHILDREN RULES, 2011 states about recognition of a school built in the state:

11. (1) For the recognition of every school, other than a school established, owned or controlled
by the State Government or local authority, a three member committee shall be formed at every
district as under:

a. District Education Officer – Convener;

b. An officer of the rank of Deputy Collector nominated by District magistrate – Member;

c. District Education Superintendent – Member Secretary.

(2) Every school other than a school established, owned or controlled by the State Government
or the Local Authority, established before the commencement of the rules, shall make a self-
declaration in the Form No-1 as shown in the Annexure within a period of six months from the
commencement of these rules to the Member Secretary of the committee about compliance of the
Norms and Standards mentioned in the Appendix of the Act and about the following conditions:

(a) That the school is run by a society registered under the Societies Registration Act, 1860 (21
of 1860), or a public trust constituted under any law for the time being in force;

(b) That the school is not run for profit to any individual, group or association of persons;

(c) That the school conforms to the values enshrined in the constitution;
 (d) That the school building or other structures or the grounds are used only for the purposes of
education and skill development;

(e) That the school is open to inspection by any Officer authorized by the State Government or
Local Authority;

(f) That the school shall furnish such reports and information as may be required by the the
Director, Primary Education or District Education Superintendent from time to time and comply
with such instructions of the State Government/Local Authority as may be issued to secure the
continued fulfillment of the condition of recognition or the removal of deficiencies in the
working of the school;

(3) Every self declaration received in Form-1 shall be placed by the Member Secretary in public
domain within fifteen days of its receipt.

(4) The Committee or Members of committee shall make a site inspection of such schools about
their compliance of Norms and Standards mentioned in Form – 1 and Conditions mentioned in
sub-rule 2 within a period of 3 (three) months after receiving the self-declaration.

(5) After inspection referred to sub-rule (4) is carried out, the inspection report shall be placed by
the Member secretary of the Committee in public domain and schools found to be conforming to
the norms, standards and the conditions shall be granted recognition by the Committee in Form –
2, within a period of 15 days.

(6) List of schools which do not conform to the norms, standards and conditions mentioned in
sub-rule (2) shall be prepared and placed by the Member Secretary in public domain. The School
not granted recognition may again request to committee for recognition of schools within a
period of 3 (three) years after complying to the norms, standards and conditions.

(7) Schools, which do not confirm to the norms, standards and conditions mentioned in sub-rule
(2) within a period of 3 (three) years from the commencement of the Act, shall cease to function.

(8) Every school, other than a school established, controlled or owned by the State Government
of Local Authority, established after the commencement of these rules shall conform to the
norms, standards and conditions mentioned in sub-rule (2) in order to qualify for recognition.

(9) School which keep functioning after appointed period without getting recognition, shall be
entitled for punishment according to the provisions of the Act. The committee constituted for
recognition shall be competent authority for punishment.
Licencing and Registration of the School:

Till Class V, the approval provided by the municipality is sufficient but, for classes VI-VIII
the Department of Education provides the required consent, which also provides
recognition for the higher classes.

Application for recognition with respect to the latter stages must be made within 2 years.

School authorities can also get approval from CISCE or CBSE but they will have to follow the
guidelines laid down by these boards with respect to curricula, text books, and salaries.

Registration of a School:

As per laws, private organizations cannot open schools in India so as to ensure that the
expedience of education does not happen with a profit making motive.

For this purpose, it has been promulgated by law that schools have to be operated by a society
that has been created in accordance with the Societies Act of 1860 or by a trust that has been
organized as per the Public Trust Act of individual states.

A private entity willing to set up a school in India can also set up a company as prescribed by
Section 8 of the Companies Act 2013.

All the legislation ensure that an educational institution is set up as a non profit making body and
has been created solely for the purpose of promoting education and knowledge in the sphere of
life.
The laws states that the entity willing to open the institution needs to create a society or trust-
along with a governing board that has five to six members.

The board should have a president, a secretary, and a chairman- who are officially announced.

Procurement Of Land For School

In case a member of a school’s governing body has his or her own land and wants to build the
institute over there, that individual will be required to get an NOC from the concerned state’s
Department of Education.
The applicants are required to state the requirement of a educational institute in the area where
they want to set the school up in the application for the NOC.

For the purchase of land from the government- for the school- it will be required to procure a
no-objection certificate referred to as the Essentiality Certificate (EC) from the concerned state’s
Department of Education.

An EC is an essential document certifying the requirement of a institute in the particular zone on

the basis of which land is allotted to the society for the purpose of building a new school.

The Department of Education (DOE) decides the need for a school in a particular zone. By
restricting the supply of schools in an area, it restricts the role of the market in assessing
the demand for school education.

Within 3 years of obtaining the certificate, the construction of the school has to commence-
failing in which the society has to apply for renewal.

An EC is granted after certifying- the non-proprietary nature of the society, the financial status of
the society, the association of members.

The society needs to obtain a “letter of sponsorship” from the DoE. This is forwarded to one
of the land owning agencies, like the Municipal corporation of the area, and the land is sold at
subsidized rates by the land owning agency.

There are strict norms that have been laid down by the leading educational boards of India such
as- the Central Board of Secondary Education (CBSE), the state government boards, and the
Council for the Indian School Certificate Examinations (CISCE).

One of these rules states that the schools should have a playground.

Affiliation Of A School

Normally, provisional affiliation is provided for classes 1-6 and the guidelines are provided by
the concerned education board.

An inspection is conducted once all the facilities are in place and permanent affiliation is
given after the inspectors are satisfied with the facilities. An educational institution needs to
apply for affiliation with CBSE.
Only on affiliation with CBSE can the students of the particular school appear for public
examinations. In order to get affiliated, the school needs to follow the prescribed syllabi and
books (NCERT)

Important documents and licenses required while starting an institute-

In India a lot of legal processes come into play with regard to starting a school. When the school
trust or society is being formed, there should be a Memorandum of Association. This document
proves to be useful at all the later stages.

The owners also need to have a well laid out project report of their institute.

The following details are regarded as being important as well-

Name of license

 Registration Certificate of Society – Societies Recognition Act, 1860,

 Essentiality Certificate DoE,
 Certificate of Recognition MCD/ DoE,
 Certificate of Upgradation DoE,
 Certificate of Affiliation CBSE,
 Certificate of MCD MCD,
 Affidavit regarding proper purchase of land and no violation of master plan in the land
used,
 MCD/Development Authority of the Concerned State,
 Site Plan of the Building/Sanctioned Building Plan approved by MCD/DDA,
 Building Fitness Certificate MCD,
 Health Certificate MCD,
 Water Testing Report The water board of the concerned state,
 Completion Certificate DDA,
 Duly approved Scheme of Management DoE,
 No Loan Certificate against FD issued by the bank Bank,
 Land Use Permitted Certificate (in case of rented land) Landlord.

Documents to be submitted

Along with the application for EC a fee of Rs. 500/- and a set of documents are to be submitted.

 Memorandum of Association,
  Affidavit regarding relationship of society members,
 Copy of Reserve Fund for Rs. 2 lakhs from the bank,
 Affidavit from management regarding proper operation of school, as per Delhi School
Education Rules, 1973,
 Undertaking regarding fees and other charges,
 List of members of society with full particulars,
 Details of land and building,
 Project report of proposed school,
 Experience of society/members in the field of education,
 Scheme of Management,
 Documents regarding ownership of land allotted to school,
 Auditor’s statement of account(s),
 Staff statement as Performa,
 Rates of fee and other fund charges,
 Enrollment of students.

Q. How to get CBSE Affliation for a School?

Some of the important conditions required to be fulfilled by the schools are as follows:

a) The school should be run / managed by a Trust or society registered under Indian Trust Act
1882 or Societies Registration Act 1860 or relevant Acts of the respective State Governments.
The Trust should be of a non-proprietary character. However, the condition for formation /
registration of a Trust is not essential incase of schools at foreign locations.

b) The school should have a minimum of 2 Acres of land at non-metro locations and 1 Acre at
metro locations. The land should be either registered in the name of the Trust / Society or on a
registered lease for a minimum of 33 years at the time of applying for affiliation. It is however
suggested that the Society owns at least 1.5 acres of land and may choose to lease the remaining
land area.

c) The school should have prior approval/recognition of the State Government. In addition, the
school should obtain a No Objection Certificate (NOC) from the State Government to the effect
that the State Government has no objection for affiliation of the school with CBSE.

d) The school should have a proper scheme of management with a School Management
Committee (SMC) to oversee the day-to-day functioning and management of the school.
e) The school should also have requisite infrastructure comprising classrooms, Laboratories,
Activities Rooms, and accommodation for various officers & staff; classroom & office furniture
and office & teaching equipment, commensurate with its requirements.

f) The Teaching staff should be paid salaries in accordance with the pay scales prescribed by the
Central Government or the State Government.

g) The School should have sufficient financial resources to guarantee its continued existence.

As the school, will initially conduct Primary Classes upto standard VI, these schools will not be
affiliated to any Board. These Schools will however, follow the curriculum of NCERT. As the
Schools grow and commence classes in class VII, an Application will be made for affiliation to
CBSE for Middle Class Syllabus (Class VI to VIII). The affiliation with CBSE will have to be
effected in 3 stages during the period of vertical growth of the school. The prescribed application
forms for affiliation are available with the respective Board. However, effective from June 2006,
CBSE have also introduced on-line submission of application forms for affiliation. The detailed
information pertaining to highest class in the school and the last date for submission of
Application for the three stages of affiliation is 30th June every year.

Q. At what stage can a School Apply for CBSE Affliation?

School fulfilling the essential norms, will have to apply ‘On-Line’ to CBSE initially for approval
of Middle class Syllabus by 30th June of the year, preceding the year in which Class VII is
proposed to be started in the school.

Q.i) What is the expenditure involved in affiliation?

ii) What are the prescribed fees for affiliation?

The current rates of the affiliation fee payable to CBSE at the time of submitting the application
are as given in the succeeding table. However the affiliation fee is subject to change by CBSE:

Type of Affiliation Affiliation fee at the time of Application (Rs)

Approval of Middle Class Syllabus 50,000/-

Provisional Affiliation for Secondary 75,000/-

Up gradation to Sr Secondary 20,000/-

Q. i) How much time it takes to get affiliation from CBSE?

ii) Will the schools be evaluated / inspected by CBSE staff ?

Based on the applications received by CBSE up to 30 June, the (CBSE) Board nominates an
independent Inspection Team, generally comprising two eminent educationists. The Inspection
Team normally visits the School between the months of October to December for carrying out a
comprehensive inspection of all departments of the school and based on the report of the
Inspection Team, the Schools will be granted conditional or unconditional affiliation by the
Board.