Annexure-5

This Memorandum of Association is made on between XAVIER’S COUNCIL OF INDIA (XCI), the first part of the agreement, here in after called the Franchiser, and the applicant organization, the second part of the agreement, herein after called the Franchisee (subject to approval of multiple approvals and under certain terms and conditions).

1. Whereas the franchiser is the owner and possesses all the data, formulae, information, resources, knowledge, expertise and technical know-how of schooling mechanism.

2. And the Franchiser desires to effectuate the divine motivation of spreading awareness of primary and secondary education by granting Franchise, opening branches through out Republic of India, in the name and style of ST. XAVIER’S PUBLIC SCHOOL and ST. MARY’S PUBLIC SCHOOL. The rights set out herein for this purpose.

3. Whereas the second party is willing to have those rights with a view to open a regular school from Montessori-I to Standard-X, establish and operate an educational institution, provide the services from the premises described in the schedule, under the name and style of above schools, as per the guidance, rules, regulations, terms and conditions of the first party, at the approved location only.

4. Now, therefore in consideration of the covenants hereinafter contained, the parties hereto mutually agree as follows

The scope of operation includes opening of schools from Montessori-I to Standard-X, in the name and style of the above, New-Delhi group and CBSE-pattern, at it’ own concern. Conduct all other accessory courses, facilities, training courses and any other courses as allotted by XAVIER’S COUNCIL OF INDIA and with prier authorization, information and documentation from time to time, in the relevant designated area, as per the norms and after payment of relevant fees to the council, if any.
The franchisee will be cited complete discretion and autonomy of involvement, for the smooth operation of the school and carry-forward the leadership and commitment, towards the effectiveness of the goal, within the jurisdiction of law.
The agreement is made to permit the opening and operating of a (one) school in the name and style of above schools, at the designated location only. However, shifting of school requires adequate approval with proper verification and submission of necessary fee.
This agreement is made to provide a one-time-license of franchise to the individual franchisee. The License should be renewed each-year with the request of renewal and payment of assigned renewal fees, to the council. A certificate of renewed franchise will be issued each year.
The franchisee will have to meet all the strict requirements and high standards of school operation like sufficient number of class rooms, well-stuff library, equipped laboratory, computer-lab, close-circuit cameras, clean-sanitation, play-ground, hygienic drinking water system, food-cooking equipments, fire safety equipments, First-aid-box, conveyance facilities and a safe atmosphere above all to satisfy the instructions for NOC from Department of education of the concerned state.
The franchisee will have to do necessary arrangements to meet the requirements of NOC from department of education of the concerned state and direct affiliation from CBSE, at its own concern, to make the students able to appear in CBSE-board examination, as the particular cannot be shared with any other institution, as per the CBSE- affiliation-Byelaws.
The franchisee will declare to achieve the target of 300-students mark by the end of three academic sessions from the date of association, to prove its efficiency. The franchise otherwise will be at a risk to be declared a dormant-branch and may lead to withdrawal of affiliation, to appoint new active associates in the same locality.
The Students-Teacher ratio of the school should be 40:1 at a maximum, as per the CBSE-norms. As there is no limitation for intake of students, the individual classes can be sub-divided into number of sections and each section should not exceed 40 students.
Annual audit will be conducted by authorized personnel of the council, at least once in a year to verify the documents for proper guidance and maintenance of the project.
The affordable fee-structure for Admission, Tuition, Re-admission and other ancillaries of any individual franchisee should be prepared with prier consultation and necessary permission of the franchiser, considering the paying capability of the locality and value of services provided in respect to the other existing schools in the area. The franchisee shall have to submit declaration for structure of payments to the council each year for better transparency. However the franchiser is least concerned over the amount charged, unless the court of law is objecting.
The franchise shall collect the tuition fees, development fees and other ancillary fees from the students, as deems fit, at their own responsibility and concern. The franchiser will not be liable for any kind of disputes arising out of it.
The Students-Registration with assigned fee should be submitted to the council, after admission of each student. A Unique-Global-Registration number will be issued to each individual student, which is neither transferable nor refundable in any means.
The student-reconciliation fee as royalty to the council should be submitted each year, within 60days from commencement of the current academic session. The same is assigned to be 15% amount of the continuing student re-admission-fee of the individual franchise, to retain the Unique Global Registration number active. The same is necessary to find out the track whether the student is continuing with our property. Dormant UGR numbers can be activated with the payment of fresh student-registration-fee only
The franchisee will also have to follow all the reservation policies and circulars, concerned to the school and meet all standards as set by the school and mass education so also the department of higher education of the concerned state and as cited time to time.
The school shall scrupulously adhere to follow the syllabus, system of enrollments, opening of admissions, fee structures, course materials, uniforms, examination pattern, uniformity of general holidays, local and optional holidays, vacations, celebration-days, issue of certificates, transfer certificates as prescribed by XAVIER’S COUNCIL OF INDIA from time to time, which is subject to change and will be shared with the franchise.
Conduction of voluntary literacy awareness programs, social welfare activities related to national integration and other ancillary or incidental allied activities for the betterment of the society, with information to the council.
The student’s daily-assembly should consist of the Indian-national anthem compulsorily with a prayer to the God-Jesus among others.
The franchisee shall take every care to conduct course and activities with utmost care to the satisfaction of students keeping in view the reputation and standards laid down by the franchiser.
To select suitable premises, appoint teaching, Non-teaching, administrative staffs, as per the qualification criteria of School and Mass Education, in consultation with the council. The schools must pay salaries and admissible allowances to the staff not less than the corresponding categories of employees in the State Government / U.T. scales of pay. Schools seeking Permanent affiliation will have to submit the declaration of salaries to the council.
The franchisee should recruit enough qualified teaching and non-teaching staffs in its sole autonomy, with the necessary assistance of the HR-department of the council, to find out well trained and potential candidates.
The school should register the appointment of designated staffs at the council, with submission of relevant documents, to avail Unified Employee Identification Number from the council. It helps in unified training, transfers, orientation programs, and sharing of information all round. Also the branches are advised to inform the resignation or disqualification of any staff to avoid unwanted use of the same.
A Managing Committee should be formed and registered under society’s registration act 1860 and the copy of the same should be furnished along with the bye-law and list of MC-members with their full address of communication. Periodic meetings of the Managing Committee should be conducted for the smooth operation of the school and minute-of-meetings should be recorded for further assistance. Declaration for board of directors should be submitted at the council and any change in the board of directors or Managing Committee should be immediately informed in written, to the council to avoid any unwanted circumstances.
The franchisee should furnish the copy of unanimous undertaking by the school Management Committee, declaring not to ask for any financial assistance from the council in future. Resolution copy of the Managing Committee, authorizing a single designated person (attesting of his/ her signature with at least two MC members), should be submitted to undertake all kinds of documentation works with the council.
Parents complain or suggestions or feedbacks should be dealt by the grievance-cell formed at the school and through parent-teacher-meeting. The school must have an IDEA-BOX as per the circulars of department of education. Parents-Teacher meeting to be conducted once in a month to discuss the education related issues and gap-analysis lying in between. A quarterly news letter and footprints containing the developmental measures taken by the school management and declaration of any remarkable inventory should be circulated to keep parents abreast with the latest developments.
The franchisee shall carryout the total cost of expenditure on administration, establishment and recurring investments, borne by it self. Transactions for all the purpose should be made through opening and operating Bank account (s) in any nationalized bank (s), in the name of the school, operated by the chairman with one of the members from the managing committee. Salaries to the staffs should be paid by account only. Annual profit-loss balance sheet of the account should be duly audited by a registered authority / chattered accountant and copy of it should be submitted to the council.
The regional language and national language should be a compulsory part of the syllabus, and necessary actions should be taken to promote awareness for the same.
The franchise is authorized to select the books as per the CBSE-syllabus, and follow the unique CCE pattern of the council, conduct the examinations at its own concern. The students up-to Standard-V cannot be detained in the same class (unless the own concern of the legal parents) and should be promoted to next class irrespective of the evaluations, as per the circular of Govt. of India.
The examinations will be held according to the guide-lines of the council with the physical presence of assigned observers, for the classes STD-VI and onwards. After completion of examinations, the evaluation report should be submitted to the council to keep track of the systematic assessment. Examination of other certifying bodies will be conducted according to their guidelines and examination fees for the same will be charged extra.
The complete school-operation-manual will be issued with the certificate of franchise. The syllabus and sample question papers will be provided by the council from time to time. The Franchiser will undertake periodical teachers-orientation and staff-training programs at state head-quarters with the active participation of the branches. The principals of individual schools will have to attend meetings held at the state head office for the implementation of different activities undergoing at least once in a year.
Special Advertising measures in different media, publication of modular brochures, banners containing special features and offers, will be conducted with the financial participation of the branches.
The franchisees have to consider and undertake admission of transferred-students from the same group in re-admission basis only, subject to availability of seats. The monthly tuition fee and other ancillary fees will be collected according to the individual branch.
The authorized personnel of the franchiser will undertake surprise visits to the franchise campus to verify the operation, without prier information and the franchisee should make arrangements to co-operate for the same. However, council does not reserve any rights to verify the financial documents, unless required.
Regular Payments of revenue, royalty, renewal and other co-ordination charges should be made to the council from time to time. All the payments made to the franchiser are non-refundable in nature.
The franchisee otherwise will not be authorized to indulge in any in-disciplinary, un-lawful activities, nor collect money on behalf of XAVIER’S COUNCIL OF INDIA under any circumstances. So also it is not liable to indulge itself in any similar kind of activities, with other organization (s). Violation of the above can affect association for affiliation and may lead to termination of the same with legal notification and warning.
The Brand-name and Logo are the registered trademarks of XAVIER’S COUNCIL OF INDIA. Fabricating or pirating of this is strictly restricted. The franchisees are advised to use the identical pattern of texts, fonts with defined colors for advertisements for uniqueness.
Rules of affiliation and operation may be reviewed, added, altered and omitted in the Affiliation Committee’s meeting held time to time with the approval of Governing Body of the council. The council reserves all rights to alter the terms and conditions of the agreement, change or modify the system of operation from time to time. The violation of policies of association or deviation of rules by the franchisee can lead penalty up-to de-affiliation. The franchiser may go for appointment of new franchisee in that locality, after withdrawal of license. The council reserves all rights to admit, cancel or reject any application, without specifying reasons. Subject to Bhubaneswar, Odisha jurisdiction only.