• What are the exact legal compliances for an educational institution in India to issue certificates?

Hello,

I am a tutor, both online and offline. I reside in West Bengal. A few of my acquaintances and I have planned to start a small educational institution and provide our courses through that institution. The courses are not degree courses. They are going to be industry specific certificate/diploma courses on the field of Multimedia and Software. We also need to provide proper and valid certificates to the students who successfully complete the course with necessary requirements met. But, we are not yet sure of the accreditations or registrations required for an educational institution before it can start issuing certificates to its students.

Therefore, please let us know of all the necessary steps we need to take beforehand, so that our students do not face any unnecessary consequences in their career path.

Thanks in advance.
Asked 4 years ago in Consumer Law

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13 Answers

Only an Institute affiliated or recognized by AICTE can grant certificate on technical course.

Without approval from AICTE a person can not run a techinal institute taking money from students. 

Before that don't issue any certificate ti avoid facing criminal charges. 

Devajyoti Barman
Advocate, Kolkata
23319 Answers
522 Consultations

Dear Sir,

For providing educational certificates, you have to take permission from the State Education Board or the Authority or Body controlling the entire process.

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

Online Courses or Programmes can only be provided after obtaining permission from the UGC.

 

2)

the UGC has now recognized the validity of degree, diplomas and certificates offered through online mode of education under its University Grants Commission (Online Courses or Programmes) Regulations, 2018 ("Online Education Regulations").

The Online Education Regulations apply to a University and an Institution deemed to be a University

 

3)

the Higher Education Institutes ("HEI") should meet the following key criteria: 

  1. The HEI should:
    a. have been in existence for at least five years;
    b. have a minimum score of 3.26 on a 4 point scale by the National Assessment and Accreditation Council ("NAAC");
    c. be in the Top-100 in overall category in the National Institutional Ranking Framework ("NIRF") for at least two years during the previous three years.


  2. An HEI can offer the Online Course or Programme only in those disciplines in which it has been offering the same or similar course or programme in regular mode (i.e. classroom teaching) or in open and distance learning mode and after at least one batch has been passed out.
  3. The HEI can offer the Online Course or Programme subject to it obtaining approval by the appropriate statutory authorities or bodies of the HEI such as the UGC.
  4. The HEI should have demonstrated capability for developing and production of Online Courses and Programes having access to SWAYAM or other platform for learner authentication (i.e. integration with AADHAAR or other government recognised identity for Indian students and passport for foreign students), learner registration, a payment gateway and a learning management system.
  5. The HEI should have the ability to conduct examinations either using technology enabled online tests or through proctored examination (i.e. examination under physical supervision).

Ajay Sethi
Advocate, Mumbai
97449 Answers
7876 Consultations

- Before opening the educational Institute , you should obtain permission from the State Government and its technical Board approval. 

- Further , AICTE recognition needed for issue certificate of a technical course. 

Mohammed Shahzad
Advocate, Delhi
14746 Answers
224 Consultations

You need to take permission from UGC and HRD department of central government plus educational ministry all license to run the institution like Aptech and NIIT for computer courses. Online certificate should be valid for students you ever taking admission in your institution for online certificate courses.

 

Do let me know I can help you in this regards.

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

You need to approach Registrar and Vice Chancellor of University for grants and other permission for running an academic program and organization for Students in and out of your State online studies and issuing diplomas and certificates for secondary, Degree, post graduation programs and so on.

You need to get affiliated with UGC New Delhi for online portal to execute study programs for students in and out of your State.

Both permission are must with the registration before Ministry Of Education in your State as well.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You need to get Affliated with competent authority who acknowledges your excellence in the said field. 

Prashant Nayak
Advocate, Mumbai
32816 Answers
209 Consultations

You need to register your educational institute with the educational  authority of the state government  and first get recognition.

You can also get affiliated to a recognised university or institute of state or central government.

To start an Educational Institution ( Schools/ Colleges) can be a long, tiring, expensive, and gruesome process in India. There are a number of licenses, permissions, and registrations one needs to take care of before venturing into this domain.

As per the Indian Constitutions and Laws, Private organizations are not allowed to start an Educational Institution in India to ensure that the expediency of education does not happen with a profit-making motive. To serve the same, 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 ensures 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 state 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 is officially announced.

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 the 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 the relationship of society members,
  •       Copy of Reserve Fund for Rs. 2 lakhs from the bank,
  •       An affidavit from management regarding the proper operation of the 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 the 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,
  •       Enrolment of students.

 

T Kalaiselvan
Advocate, Vellore
87649 Answers
2352 Consultations

More details about the courses are required to confirm the accreditations authorities 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

First, you have to obtain permission from local body of your city or town to start a instituion. And after that you have to obtain necessary approvals from State Govt where you want to run the instituion and their approval and recognisation only you can issue certificate

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

Dear Sir/Madam,

You are suggested that certain accreditations are granted by AICTE and you may contact the same because the accreditations are provided after inspections and assessment of the facilities at the institutions. 

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

1. You should get affiliation for your institute from university which is providing such courses which you wish to start. 

2. Also need to get accreditation from AiCTE that is All India Council for Technical Education.

3. These affiliation and Accreditation are important to provide proper degree or diplomas to students. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

If you want to start an institute in the field of computer education then permission has to be taken from department of telecommunications and AICTE and DOEACC.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

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