Education is the passport to the future, for tomorrow belongs to those who prepare for it today – Malcolm X
The Education sector in India is regulated by different central and state legislation governing K-12 (formal schooling) segment and higher education which encompasses universities and private colleges and other professional courses. Other elements of the education sector are less regulated such as tutoring and test preparation, pre-schooling and vocational training.
The Firm’s specialized education practice is uniquely placed to assist clients through complex regulations and to devise structures workable at each level of this sector, which is generally deemed to be charitable/not for profit. The practice area includes advising on:
- Structuring models for provision of educational services in compliance with the directives of various education boards and regulatory authorities such as All India Council for Technical Education and University Grants Commission.
- Drafting of Trust Deeds and Society bye-laws and registration of Trusts and Societies.
- Tax issues related to non-profit organisations and issues related to foreign Trustees and Foreign Contribution Regulation Act.
- Due diligence of the Trusts, Societies and their school operations, review of approvals obtained, compulsory filings, management structures of schools, qualifications of teaching staff, compliances in appointment of teaching and non-teaching staff.
- Structures for joint development of educational institution(s) in township projects, drafting, negotiations and finalization of contractual documentation.
- PE funding in the area of education and associated structuring;
Acquisition structuring and legal due diligence for acquisition of land earmarked for educational purposes. And
- Day to day legal issues arising in educational institutes imparting K-12, higher and vocational education.
The professionals of the Firm have considerable experience in drafting and advising on work ability of miscellaneous contractual arrangements prevalent in the sector, including Franchise Agreements, Collaboration Agreements, Development and Management Agreements, Operation and Management Agreements, Services Agreements and License Agreements.
FICCI ARISE, (Alliance for Re-Imagining School Education), a collegium of stakeholders representing the school education industry within India, under the aegis of FICCI (Federation of Indian Chambers of Commerce), in drafting and finalizing the Framework Document for recording the relationship between FICCI and FICCI ARISE and the management and governance of FICCI ARISE.
- Association of Unaided CBSE Schools, Madhya Pradesh, in drafting the representation submitted with the Madhya Pradesh state education department against the notification restricting conduct of online classes by private schools within Madhya Pradesh during the lockdown caused due to COVID-19 pandemic.
- Galgotias University, advise on laws applicable to private universities within the state of Uttar Pradesh and regulations and land allotment terms prescribed by Yamuna Expressway Industrial Development Authority and Greater Noida Industrial Development Authority, for sub-lease of certain portion of land from a society to a private limited company.
- Jaipuria School of Business, assisted in collaboration agreement with Orden Technical Services Private Limited for a joint venture for setting-up and imparting teacher training to teachers of different educational institutions.
- C2C Global Education Group, Japan, advice on the proposed structure from the perspective of applicable education and foreign exchange control laws, including an assessment of exposure and/or viability of the proposed structure under applicable Central and State level education laws in India; assessing the proposed funding mechanism under foreign direct investment policy; external commercial borrowing regulations.
- The Sanskaar Valley School, advise and assisted on multiple aspects of Madhya Pradesh Education laws including its impact and relation to transfer of land, outsourcing of services, collection of fees in advance. The Firm also conducted an operational audit of the school and reviewed the licenses and registrations of the school and contracts executed by the school.
- Ryan School, in its arrangement for operating a K12 CBSE affiliated school in Mumbai which arrangement included review, negotiations and finalization of the agreement for management of the school in compliance with Maharashtra state education laws and CBSE affiliation bye-laws and in unlawful termination of the lease deed for school land executed by public sector undertaking in Maharashtra.
- Edvance Pre-Schools, advise and assisted the client on its proposed collaboration with a NCR based institution for management and operation of a pre-primary institution.
- DIT University, Dehradun, assisted the client, a private university in Dehradun in advice on its proposed collaboration with a UK educational institution.
- GIIS Schools, assists and advises the client on matters related to its schools across India.
- The Heritage School, Gurugram, with its legal and contractual requirements as well as in setting-up new IB school in Gurugram.