FRANCHISEE PARTNERSHIP AGREEMENT

This Franchisee Partnership Agreement is made this __ day of May_2016 between:

SAMPOORNA SAMITI, a Society registered under the Madhayapradesh Society

Registration Act, 1973, having its registered office at 83, Gwarighat Road, Taigore
Nagar,Jabalpur, Madhayapradesh -428001 (hereinafter referred as SAMPOORNA
SAMITI)which expression shall unless repugnant to the context hereof mean and include its
successors, assigns, administrators of the first part;

AND

ElecthinKEnterprises……………………………………………………………………………
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Whereas

(1) SAMPOORNA SAMITI is in the business of provision of market driven, aspiration

based, vocational training and training using technology, partnership and innovative
models in different areas and across several sectors to the members of the public at its
Center;
(2) SAMPOORNA SAMITI has for this purpose developed or acquired certain Technical
Know-how and has established reputation with respect to the quality of services
offered at such Centers which has been and continues to constitute valuable goodwill
for SAMPOORNA SAMITI;
(3) Franchisee/ Franchisee Partner is a Society dealing in provisioning of certain services
in relation to running of the said center ;
(4) Parties are desirous of entering into an agreement wherein Franchisee/ Franchisee
Partner shall provide certain services to SAMPOORNA SAMITI, as mentioned
hereunder;

NOW THEREFORE, in consideration of the mutual premises, promises, covenants and

considerations set forth herein, the Parties agree as follows
 Article 1 - Location and Territory

1.0 Location. FRANCHISEE PARTNER will provide infrastructure and facilities

appropriate for the conduct of courses offered by the SAMPOORNA SAMITI and for
allied activities, hereinafter called “Center”, as per norms specified in Schedule I.
The location of this Center shall only be at the location specified in Schedule II of
this Agreement.
1.1 Non-Exclusive Relationship. The appointment of FRANCHISEE PARTNER is non-
exclusive, and SAMPOORNA SAMITI at its absolute discretion may appoint other
Franchisee Partners, or may enter into any other arrangement with any other party for
the provision of services related to the business of the SAMPOORNA SAMITI,
within or outside the Territory, in close proximity to the location of the Center or
otherwise. Notwithstanding any such appointment, Franchisee/ FRANCHISEE
PARTNER shall under all circumstances be bound by all the terms and conditions of
this Agreement. Also, nothing in this clause shall in any way limit the right of the
SAMPOORNA SAMITI to terminate this Agreement.

Article 2 - Roles and Responsibilities

Name of Project: “PMKVY- Pradhan Mantri Kaushal Vikash Yojna”

Courses

Minimum Number of hours Max. no of

Minimum
S.No Course qualification of training per students in
Duration
required day one batch

Linemen
Construction,
Distribution
Linemen,
Consumer
Energy
1. Meter 10th/ 10+2/ ITI 6 30
Technician, 1 month
Senior
Linemen
Distribution
,Welding
Technician
or Driving
 Assistant
Level-3 or
Taxi Driver
Level-
4………. Any
courses

Details of the courses offered attached with this mail.

*Training partner has to collect Rs. 1200/- each students as a assessment fee depending
upon courses and qualification pack and has to submit to the account of “Sampoorna
Samiti” for batch uploading.

1. Roles and Responsibilities

1.1. The Franchisee Partner will offer entire infrastructure facilities besides offering a
Welding training centre which should include: -

 Classrooms with a seating capacity of 30 persons each and 300 sq. ft.
in area
 Practical Labs with Lineman distribution/meter installation/ MIG ,
MAG ,TIG , ARC welding facilities or Customer Care or washer etc.
 Qualified trainers
 A qualified person to manage the administration of the training centre
 Mobilizers to help in generating trainee leads
 A cleaner to ensure cleanliness, safety, and hygiene at the training
centre

All the costs involved in setting up & maintaining the physical infrastructure as
well as Human Resource (apart from trainer) shall be borne by the Franchisee/
Franchisee Partner. Entire cost incurred to impart the complete training program
shall be borne by Franchisee Partner.

The training centre and the Human Resource provided by the Franchisee Partner
would have to be approved by SAMPOORNA SAMITI.

1.2. Mobilization
 1.2.1. Target Beneficiaries
Youths of the region, of the age group of 18- 35, preference would be given to
youths below 28 years, experienced professionals.

1.2.2. Strategy
The Franchisee Partner will follow the instructions of SAMPOORNA SAMITI
in determining the eligibility of trainees.

2. Induction
 Before the start of the batch, there shall be an induction process for the Franchisee
Partner and Trainer by SAMPOORNA SAMITI .

3. Trainers

 The Trainers will be appointed by the Franchisee Partner. The trainer’s salary would
be borne by the Franchisee Partner
 The Franchisee Partner is expected to work with the trainers and ensure smooth
delivery of classes

4. Student selection

 Candidates enrolling for PMKVYscheme will be screened by SAMPOORNA

SAMITI as per the criteria set by respective sector skill council.
 The SAMPOORNA SAMITI representative would be responsible for conducting
screening of the suggested leads. The Franchisee Partner will facilitate these
interviews.

5. Batch formation

SAMPOORNA SAMITI would form the batch once the requisite numbers of trainees
have been enrolled in the training program and assessment fee for respective batch is
deposited with Sampoorna Samiti

6. Trainings

 Training will be conducted at training centre provided and managed by the Franchisee
Partner.
  The responsibility of conducting training would be solely with the Franchisee Partner
to ensure smooth and timely training
 All administrative responsibility of training shall be with the Franchisee Partner

8. Student Retention

The responsibility of retaining the students would be of the Franchisee Partner who will
ensure the drop out students rejoin the classes and complete the training.

9. Assessment & Certification

 Third party Assessment will be organized by training partner will bear the cost of
assessment.
 Franchisee Partner shall ensure each candidate enrolled for the training program
appears for assessment.
 Franchisee Partner will ensure each candidate enrolled for the respective training
batches clears the assessment/examination.
 There will be no mention of the Franchisee Partner in the PMKVYscheme certificates
given to trainees.
 Certificates shall be given to those candidates who clear the assessments/examination
conducted by the assessing body.

10. Payment Terms

 Franchisee Partner to be paid Rs (Details attached) for each trainee who clears the
assessment/examination conducted by the assessing body

 Direct bank transfer of Rs 10000 or 7500/- depending upon QP and job roles will be
credited to each student’s bank account by NSDC , after clearing the assessment test

 Franchisee Partner has to charge assessment fee Non refundable Rs. 1200 each
students depending upon qualification pack and course, detail attached.

 Handbook and certification charge Rs.500 to be taken from students.

 Franchisee Partner to ensure 10 days after the commencement of the training batch.

 The Franchisee Partner to ensure 15 days after the commencement of the training
batch, to complete the form for each student with the details and to be sent across to
SAMPOORNA SAMITI in the format as described by SAMPOORNA SAMITI

 Franchisee Partner shall not be paid any amount if students do not clearing the
assessment/examination
  There should have been no inordinate delay by the Franchisee Partner resulting in
delay in the training program

 There should be adequate support provided in terms of physical infrastructure and

Human Resource by Franchisee Partner to SAMPOORNA SAMITI

In case of non-fulfillment of any of the above mentioned conditions, SAMPOORNA

SAMITI will reserve the right to decline the payment to the Franchisee Partner.

The payment would be made to the Franchisee Partner in 3 installments –

Franchisee Partner to get Rs. 4000/- (Four Thousand) to the received training fee against
of each successful students in third party assessment prescribed ASDC/PSSC, Service
Tax applicable as per govt. norm.

Payment Tranche for Franchisee Partner

1st Milestone After the results are declared on NSDC website for students
clearing the examination, Franchisee Partner shall be intimated to
raise an invoice for only those students who clear the exam,
2nd Milestone The Franchisee Partner will raise an invoice of Rs. As per attached
sheet and course wise offered amount- per student, who clear the
examination/assessment
3rd Milestone 7 working days after receiving payment from govt. or NSDC
against of pass out students to the Franchisee Partner

11. Documentation and Reporting

 The Franchisee Partner to fill the formats given by SAMPOORNA SAMITI to

ensure all the details for students is filled and sent across in a timely manner to
SAMPOORNA SAMITI.

12. Monitoring
Visit to the centre by government officials\ ASDC/PSSC\ NSDC official is expected

12.1. Quality Control

SAMPOORNA SAMITI will regularly perform quality checks on the services

provided by the Franchisee Partner

 i. If the services, infrastructure, number/quality of leads, training quality etc.
offered by the Franchisee Partner is of inferior quality , SAMPOORNA
SAMITI will write to Franchisee Partner ,mentioning the inadequacy found in
the audit and thereby suggestion for improvements.
ii. In case there is no improvement in the quality despite repeated reminders,
SAMPOORNA SAMITI will have the right to terminate the contract
agreement with the Franchisee Partner with a notice of 15 days or completion
of the undergoing batch, whichever is later .

Mandatory:-

This is regarding the PMKVYscheme by GOI for award of monetary incentives for skill
certification of trainees.

We accept the following points governing the PMKVYscheme:

1. Only Indian Nationals can participate in the scheme.

2. The Training Partner hereby undertakes to align the curriculum and courseware to the
Qualification Packs and National Occupational Standards set by ASDC/PSSC.

3. The Training Partner shall ensure that trainers are qualified to handle the training
program as per the Qualification Packs and National Occupational Standards and
provide adequate lab infrastructure as per the guidelines set by ASDC/PSSC.

4. The Training Partner will enter the student details into SDMS completely and correctly
as he will be liable for any wrong or misguiding information put into the Skill Development
Management Software (SDMS).

5. The Training Partner will ensure all candidates have a UID number and bank account.
Adequate assistance will be provided by the Training Partner to the trainee to facilitate the
UID number and a bank account by guiding them to the nearest CSC to facilitate and fasten
the process.

6. Till the time the trainee gets a UID number and a bank account number, the trainee can
use the mobile number to enrol in the training program.
7. It will be the responsibility of the Training Partner to update the UID and bank account
information of the trainee on its receipt.

8. The Training Partner will have to ensure that the start and end date of every batch is
entered into SDMS. In case of any delay in the information provided – the Training Partner
will be liable for the same.

9. The Training Partner can choose to facilitate economically weaker section of trainees
(with a below poverty line (BPL) card) by providing credit facility. This will be applicable
only on the training fee.

10. The assessment fee has to be collected by the Training Partner in full at the time of
enrolment. This money collected by the Training Partner from the student has to be
transferred electronically to ASDC/PSSC on the same day.

11. The Training Partner shall ensure that at least 25% of the course fee is collected
mandatorily from the trainee in case the Training Partner is allowing the financially
disadvantaged student to make part payment at the time of enrolment.

12. In the eventuality of student dropping out of the training program, the assessment fee
will be non –refundable.

13. It will be the responsibility of the Training Partner for entering the correct fee amount
given and credit given to the trainee. the Training Partner has to enter the receipt number
clearly depicting the fee taken and credit given to the trainee as the Training Partner only will
be responsible in case of any dispute on this.

14. The Training Partner will be expected to provide the training as per the promised
schedule to the trainee and ensure that the trainee is adequately skilled as per the performance
criteria defined in the Qualification Packs and National Occupational Standards provided by
ASDC/PSSC.

15. The Training Partner has to ensure availability of lab infrastructure, internet, computer
with necessary consumable materials as may be required for the assessment.
16. The boarding lodging and travel expenses of the Assessor will not be the
responsibility of the Training Partner.

17. The Training Partner may allow the trainee to take the assessment as many times as
required by the trainee and ensure that the assessing fee collected and transferred to
ASDC/PSSC for each and every assessment.

18. Training partner will report on 1st of every month the variance analysis of the previous
month, centre –wise and QP-wise.

19.. The trainee can get the award money only once.

20. In the eventuality of student dropping out before taking the assessment at least once and
is availing training on credit, both the Training Partner and the trainee will not be eligible any
reimbursement.

13. DURATION OF MOU

This MOU shall commence from the date hereinabove and shall be valid for a period of 1
year subject to either party’s right to terminate the co-operation on 3(three) months written
notice to the either party, or is replaced by a formal written agreement executed by the
parties. The MOU can be renewed for a further period of 1 year after the completion of the
initial period of 1 year on mutual consent. Termination of the MOU for any reason does not
automatically result in termination of any other ongoing contract concerning a particular
project that flowed from this MOU initially.

14. DISPUTE RESOLUTION

If any dispute arises between the parties the matter shall be settled under the Arbitration and
Conciliation Act, 1996. The Arbitral Tribunal will have summary powers and be free to
prescribe the procedure for arbitration. The Courts at New Delhi alone shall have exclusive
primary jurisdiction in connection with or in relation to all matters and disputes arising out of
and in relation to this agreement.

15. GENERAL

a) Upon termination of this MOU neither of the parties shall have ground for any claim,
whether for damages, cost reimbursement, loss of business or profits, against the
other.
b) Each party shall treat the contents of this MOU as confidential, unless the other party
gives its prior written consent to its (or any part thereof) disclosure.
c) Each party shall use any information which it receives from the other party pursuant
to this MOU, only for the purposes for which it has been provided, and shall prevent
third parties from gaining access to it and treat it in the same way as its own business
secrets. This confidentiality obligation shall not apply to information which is
generally known, which can be shown to have been independently developed by the
recipient, or which has been acquired from a third party without nondisclosure
obligation to the disclosing party. This obligation shall likewise not apply if a party is
required by statutory regulations to reveal any of the information it has obtained. This
obligation shall survive for a period of five years after termination of this MOU for
any reason whatsoever.

d) The parties recognize the proprietary interests that the each has in their respective
expertise, connections and existing clientele. The parties agree and undertake that
they will keep such confidential information as they may obtain from each other
relating to the business, expertise and connections of that party, and will refrain from
using the information of the other for their own benefit otherwise than through their
joint co-operation.

In Witness whereof, the Parties have set their hands and seals hereto on the day and date
first mentioned.
 Witnesses: Signing Authority:

1. For SAMPOORNA SAMITI:

Signature:

Name:

Designation:

2. For Franchisee Partner:

Signature:

Name:

Designation:
 Schedule I

SPECIFICATIONS FOR CENTRE

SECTION A: Below are the centre setup specifications applicable to training centre:
 Schedule II

LOCATION OF CENTRE

Name of the training Center:

Full address: ___________________________

District/City:
Nearest landmark:

Contact Person: _________________

Telephone number: _______________

TERRITORY

Territory for the Partner is defined as: ________

BANK ACCOUNT DETAIL

Name of the Bank: ______________

Branch Location: __________________

A/C Holder’s Name: __________________

A/C Number: ____________________

Nature of A/C: ___________________

IFSC Code: ________________________

Pan Card no:___________________