Government of West Bengal

School Education Department

Bikash Bhavan, Salt lake, Kolkata-700091

NOTIFICATION

No. Date:

DRAFT POLICY AND GUIDELINES FOR SETTING UP SCHOOLS IN PUBLIC-

PRIVATE-PARTNERSHIP MODE, 2022

Whereas, the State Government in the School Education Departments has made a huge
expansion in the school education sector including its infrastructures and other academic
facilities since 2011, resulting in an increase of Gross Enrolment from 11.8 lakhs to 16.6 lakhs
at Higher Secondary level, and

Whereas, the State Government has upgraded 2900 Schools to Secondary/ Higher
Secondary level since then and every year about more than 12.00 lakhs and 9.5 lakhs students
qualify class X and XII exams respectively in the State of West Bengal, to pursue the higher
studies in colleges, Universities and other institutes, and

Whereas, to merge the best practices of both government and private schools, the
School Education Department, Government of West Bengal (GoWB) intends to
operationalize schools through Public Private Partnership (PPP) model and leverage unused
infrastructure of the government.
Whereas, a need is felt to encourage the private investors in school education sector by
extending more flexible Government contribution in the form of Public Private Partnership
mode, where the State Government may provide land or building or infrastructures and other
amenities to the investors. The participating investor will be selected in a transparent bidding
process as enumerated in this policy.

Therefore, the State Government considers it expedient to frame comprehensive and

flexible guidelines for this purpose in the form of a policy in order to ensure a systematic
investment in a planned manner in the school education sector in the State of West Bengal, and
in view of the above, the following guidelines are adopted by the State Government.

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1. Short title, extent and commencement: –
(a) These guidelines may be called as the West Bengal Policies and Guidelines for
setting up Schools in Public-Private-Partnership (PPP) Mode, 2022.
(b) It shall extend to the whole of the State of West Bengal.
(c) It shall come into force from the date of its publication in the Official Gazette.

2. Definitions:-In this Policy, unless the context otherwise requires: -

(a) “Academic session” in relation to a school shall comprise a period throughout
which academic instructions are being imparted to a student.
(b) “Affiliating Bodies” shall include the West Bengal Board of Primary Education,
the West Bengal Board of Secondary Education, the West Bengal Council of
Higher Secondary Education, the West Bengal Board of Madrasah Education, the
Central Board of Secondary Education, the Council for the Indian School
Certificate Examinations and such other affiliating Board or Council as may be
declared by the competent authority from time to time.
(c) “Fee” shall include tuition and other fees charged by a school for the purpose of
delivery of academic instructions and other academic and administrative activities
from a student.
(d) “Head of the School” shall mean the Head of the School in any description viz.,
Principal, Director etc.
(e) “Managing Committee” means the Board of Management of a school.
(f) “Private Partner” for the purpose of this policy shall mean a investor including
any individual or other legal entity such as Company, Societies, Trust,
Partnership firm etc. duly registered and consortium/ joint venture (JV) of such
registered entities.
(g) “State Government” means the State of West Bengal in the School Education
Department.
(h) “Student” means any pupil pursuing course of study starting from Pre-primary
level to Higher Secondary level.

3. Objectives:- The objectives of this policy are:-

(a) to increase enrolment and to enhance quality of education,
(b) to create higher levels of intellectual abilities,
(c) to establish state-of -the-art facilities for education and training,
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 (d) to create centres of excellence for development and sharing of knowledge and its
applications,
(e) to establish as many campus in the state of West Bengal.
(f) to facilitate online/blended mode of teaching, learning, evaluation.
(g) to promote collaboration and exchange of education programme at inter-State,
National and international levels,
(h) to carry out teaching and offer continuing education programmes,
(i) to create adequate infrastructure for all round development of students encouraging
games & sports, extra-curricular, co-curricular activities, participation in NCC, NSS
and similar personality development programmes,
(j) to encourage and promote creative faculties of students and to emphasize capacity
building and self-reliance,
(k) to create scope for participation in State, inter-State and international student
programmes including Olympiads, exhibitions, seminars/workshops, student
exchange, cultural meets, internship, game-sports meets and other
extracurricular/cocurricular meets,
(l) to support innovation in all spheres of curricular, extra-curricular and co-curricular
activities,
(m) to emphasize specially on introduction of various Skill oriented courses, courses on
developing entrepreneurship programme and vocational training courses.

4. Process under this policy:-

(a) The State Government shall, from time to time, publish a Request for Proposal
(RFP) to invite proposal from the intended private partner for setting up Schools
in PPP mode.
(b) Any private partner intended to set up schools in PPP Mode may participate in
the bid against the RFP so published.
(c) The State Government would evaluate the responses on a Quality and Cost Based
Selection (QCBS) methodology (with 80% weightage to Technical criteria and
20% Financial quote) while undertaking bid evaluation of the proposals received
in response to the RFP document and award the agreement to the selected private
partner.

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 (d) The deliverables on the part of the Government, i.e. land, building, infrastructures,
terms and conditions of use etc. shall be stated in detail at the time of floating of
RFP and execution of the concession agreement.
(e) The concession proposed shall be mentioned by the State Government at the time
of floating of RFP.
(f) Suitable clauses, such as time for completion of the construction/renovation (if
required) of school, start of academic session, etc. shall be stated clearly in the
RFP as well as concession agreement. (A model RFP and Concession Agreement
are enclosed at Appendix A and B).
(g) The private partner shall be at liberty to choose medium of instruction and
appropriate affiliating body of education. The State Government shall endeavour
to provide full support in obtaining such necessary and regulatory clearances.
(h) The selection process of private partner shall be in transparent manner and bidding
process/parameters shall be clearly stated in the RFP.
(i) The private partner shall participate in the tender process through fair means of
practices.
(j) A committee consisting of State Project Director, Samagra Shiksha Abhiyan,
representative of the Commissioner, School Education, Finance Department, Law
Officer of the School Education Department and any other suitable officer as may
be decided by the State Government shall supervise the entire process.
(k) An officer/organization floating the tender and/or preparing the concession
agreement shall be duly authorized by the State Government.
(l) Suitable approvals of competent authority in the State Government and/ or
Finance department as the case may be, shall be obtained by the School Education
Department from time to time.
(m) As part of the bid, the private partner would be required to quote the capacity they
will build and the percentage of Government Quota Students they will admit.
Higher marks will be awarded for higher capacities proposed by private partner.

5. Deliverable on the part of the State Government under this policy: –

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 (a) The State Government may, subject to the availability, provide required land and/or
buildings, infrastructures on certain terms and conditions as may be mentioned in RFP.
(b) It shall extend support to the Private partner in obtaining necessary clearance as per
extant regulations/ laws.
(c) To allow the private partner to optimize the infrastructure for education including skill
related interventions outside the regular school hours depending on availability of
classroom and labs to make the model viable, with prior permission of the competent
authority in the School Education Department.
(d) Any other conditions as may be stated in the concession agreement.

6. Deliverable on the part of the private partner:-

(a) To abide by the instructions/regulations of the State Government/ affiliating bodies.

(b) To comply with the terms and conditions stated in the concession agreement.

(c) To make the necessary investments in terms of building, required infrastructure to

accommodate proposed capacity, procuring equipment and other furnishings that are
required for smooth running of a school.

(d) To operate the school and take the responsibility of meeting the recurring and non-
recurring expenses.

(e) To hire/engage/appoint high quality teachers having requisite and prescribed

qualification and to ensure quality education being imparted.

(f) To hire/engage/appoint non-teaching staff & supporting staff as required for smooth
functioning of the schools.

(g) To ensure that the infrastructure provided by the School Education Department, GoWB
is only used for conducting academic programs. Any other activity should be strictly
discouraged.

(h) The private partner would be responsible for maintenance of infrastructure of all
schools as required for the proper functioning.

(i) The private partner to organize outreach programmes and career counseling seminars
on a regular basis.

7. Governance structures of schools under this Policy: -

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 (a) There shall be suitable number of Government representatives in the Managing
Committee/ Governing Body of the School set up under this Policy as may be
determined notified by the State Government from time to time.
(b) The private partner under this Policy should have to be adhered to the rules and
regulations set forth by different Regulatory Authorities operating in India as well as
rules and regulations framed by the State Government from time to time.
(c) Rules regulating the functioning of the Managing Committee/ Governing Body of
School established under this Policy should be formulated with the approval of the
State Government.

8. Appointment, conditions of service etc. of teachers, and non-teaching staff in

Schools:-
(a) Every school may create as many posts of teacher and non-teaching employees as
required and may appoint teachers and non-teaching staff in such posts through a
transparent selection process.
(b) Minimum qualification for appointment to the post of teachers and academic staff shall
be in consonance with the relevant regulations of the relevant affiliating/regulatory
bodies.
(c) The schools established under this Policy shall have the power to regulate the terms
and conditions of service of every employee in consonance with the relevant
regulations of the affiliating body.

9. Role of the State Government in regulating the functioning of the schools: -

(a) There shall be a Regulatory Committee to be constituted by the State Government in
such manner as may be prescribed by the State Government.
(b) The powers and functions of the Regulatory Committee shall be such as may be
prescribed.
(c) The policy is aiming to minimize the Government interference in the working of the
schools in the field of academia and also in daily administration.

Principal Secretary to Govt. of West Bengal

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