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-1 to Standard-X or XII, in the name and style of the above, New Delhi group, as its own concern. Conduct all other accessory courses, facilities, training courses and any other courses as allotted by XAVIER’S COUNCIL OF INDIA and with prior 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 affiliation to the individual institution only. 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/Recognition from department of education of the concerned state and direct affiliation from CBSE/ICSE, at its own concern, to make the students able to appear in Board examinations. The particular affiliation cannot be shared, transferred, Outsourced and handed over to any other institution as per affiliation-Byelaws without proper consent of the Council.
The franchisee will declare to achieve the target of 500-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. The affiliation otherwise may lead to withdrawal 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 RCFCE-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 proper consultation and necessary permission of the franchiser, considering paying capability of the locality and value of services provided in respect to other existing schools in the area. The franchisee shall have to submit payment structure declaration 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 franchisee shall fix and collect admission fee, monthly tuition fee, development fee and all other fees as applicable at their own responsibility and concern. The franchiser will not be liable for any kind of disputes arising out of it.
The updated Students-Registration with assigned fee should be submitted to the council against admission of each student. A Unique-Global-Registration number will be issued to each individual
The franchisee will also have to follow Government policies and circulars, concerned to the school and meet all standards as set by the school and mass education department also that of the higher education department of concerned state and as cited time to time.
The school shall scrupulously adhere to follow the syllabus, system of enrollments, opening of admissions, Registration fee, course materials, uniforms, examination pattern, uniformity of general holidays, local and optional holidays, vacations, celebration-days, issue of certificates, transfer certificates as prescribed by XAVI ER'S COUNCIL OF INDIA from time to time.
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.
16) 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 department 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 XXI and copy of the same should be furnished along with bye-laws 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 his/ her signature with at least two MC members), should be submitted to undertake all necessary documentation work(s) with the council.
Parents complain, suggestions or feedbacks should be dealt by a 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. Transactions for all purpose should be made through opening and operating Bank account (s) in any nationalized bank (s) in the name of the school, operated jointly by the chairman with one of the members from the managing committee. Salary to the staffs should be paid by account only. Annual profit-loss balance sheet of 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 syllabus and necessary arrangements should be made to promote awareness for the same.
The franchisee is authorized to select books as per syllabus followed, follow Examination pattern of the council and conduct the examinations at its own concern.
The examinations should be held according to guide-lines of the council with the physical presence of assigned observers. 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 affiliation. 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 active participation of branches. The principals of individual schools will have to attend meetings held at the state head office for implementation of different activities undergoing.
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. The monthly tuition fee and other ancillary fee will be levied according to the individual branch.
The authorized personnel of the franchiser will undertake surprise visits to the franchise campus to verify operational executions without prier information. The franchisee should make proper arrangements and co-operate for the same. However, council does not reserve any rights to verify the financial documents, unless required.
Regular Payment of royalty, revenue, renewal and other co-ordination charges 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.
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.