The ASSAM filADRASSA EDUCATION (PROVINCIALISATION) ACT, 1995

\' ., .. ~>f~ t.:.. -, . . •Y :t ;·: '. :· ::· ft ~'"~~ Jlilila ''Ii ~. ·~. . 1.1~' t~-- "". / •;,.\(:;;'; ~ The Assam Gazette ~~~ EXTRAORDINARY .. 'F.fRr .:-. ~ <f.i~~<ii ~ PUBLISHED BY AUTHORITY. - - - ··----· - - -- ·-- - - - - ----- ------ -- ·- -·-· a. e:r~ 233 f'wllf9f...<l, cm~<fr~. 30 \!ll'~tc.:R', 1995, <irtf~, 1917 (•;;•) I No. 2'33 ili1p11r, Monday, 30th October, 1995, 8th K\artika, 1917 (S. r .. ) .. -------------- - ••• ._. ... ~---~----- .., .....~ ----.... • _ _...,_; .... ;-.:...u,. --- --··-~· ........... ,,... ....... ~ GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT: LEGISLATIVE BRANCH NOTIFfCATION The 30th October 1995 No. LGL. 139/95[62.-The following Act (f the Assam 1 Legislative Assen1bly which received the assent of the Governor is hereby published for general information. 16'.'!8 THE ASSAM GAZETTE. EXTRAORDINARY, OCT. 30, 1995 ·---- --------- ASSAM A@T NO. XXVII OF 1995 (Received the assent of th.t Govermtr on 27th October, 1995) THE ASSAM filADRASSA EDUCATION (PROVINCIALISATION) ACT, 1995 AN ACT to provide for provincialisation of Madrassas in the Sta~ of Assam. Preamble. Whereas it is exp{:dient to provide for pf<.ivin- cialisation of Madrassa Education covered by the deficit scheme of grants-in-aid of the Government of As1am for its improvement a:nd for better manage ment and c0ntrol of such Education in the State of Assam. It is hereby enachd in the Forty-sixth Year of the Republic of India as follows :-- I. (1) This Act may be called the Assam Madrassa Short title Education (Provincialisation) Act, 1995. extent and commence ment. (2) It e:&tends to the whole of Assam. (3) It shall be deemed to have come into force on the Fifteenth day of August, 1994. 2. In this Act, uuless the context otherwise · require- (a) 'appointed day' in relation to the provisions Definitions. of section 3 means the Fifteenth day of August, 1994 and in relation to section 7, the date from which the services of the employees of an eligible institution are provincialised under the pro•<isio!1s of this Act. (b) 'Arabic college' means an institution imp arting Madrassa Education upto M umtajul Muhaddisin (M.M.) level; (c) 'deficit Madrassa' means a Madrassa rec eiving grants from the Government under the deficit scheme of grants-in-aid; THE ASSAM GAZETTE. EXTRAORDINARY, OCT. 30, 1991 1639 ----------------- ---- (d) 'Deputy Director of Madrassa Educativn' means in relation to any Madrassa institution like Senior Madrassa, Title Madrassa and Arabic College, the Deputy Director of Madrassa Education under the Government of Assam, under whose jurisdiction the Madrassa is situated; (e) 'Employee' means a person in the teaching or non-teaching employment of a Madrassa working against a regularly sanctioned post as per standard staffing pattern and whose appointment has been approved by the Deputy Director of Madrassa Edu cation, Assam ; (f) 'existing employee' means an employee who is on the appointed day in the regular pay roll, employed against regular sanction as per stan dard staffing pattern and whose appointment has been approved by the Deputy Director of Madrassa ' Education, Assam ; . (g) 'Governing Body' in relation to any Title Madra~sa or Arabic College means the Go verning Body as constituted by the Government for the Title Madrassa, or Arabic College, as the case may be; (h) 'Government' means the Government of Assam; (i) 'Madrassa' means a Senior Madrassa or a Title Madrassa or an Arabic College ; (j) 'Madrassa Authority' means the Assam State Madrassa Education Board ; (k) 'madrassa education' means a system of education in which instruction is imparted in Arabic, Persian, Urdu, Quran, Tafsir, Hadith, Figh, Usul, Aquid, Montique, Iiikmat, Balaghat, Islamic History along with general subjects like Mathe mat;cs, Science, Indian Lc.nguage, EPglish, Hindi Social Studies etc. at Secondary Ser ool k vcl, the sylhbi, curriculnm and examinafr•n for which aP) ocr. 1640 THE ASSAM GAZETTE EXTRAORDINARY. 30, :995 -------------- JJegulated by the Assam State Madrassa Education Board upto the level of Fajil~E-Marif (F.l\!L) and Mumtazul Muhaddisin (M.M.); (1) 'Ivl.anaging Committee' in relation to any Senior Madrassa means the Managing Committee as constituted by the G.wernment ; 1 · (m) 'Official Gazette' means the Official Gazette of the Government of Assam, namely the Assam Gazet:te ; (n) 'prescribed' means prescribed by rules made under this Act ; (o) 'provincialisation' means taking over the liabilities for payment of salaries includin~ dearness allowances, medical relief and such other allowances as admissible to the Go vernment servants of similler category and gratuity, pension, leave encashment etc. as admissible, under the existing rules, to the Government servants serving under the Go vernment of Assam; (p) 'Senior Madrassa' means an institution im parting Madrassa Education from Pre-senior Class I to Fazil-E-Marif (F.M.) final class stage (Graduate level) ; and (q) 'Title Madrassa' means an institution im parting Madrassa Education at Mumtajul Muhaddisin (M.M.) level (post Graduate level). · Bmploy11e1 3. Subject to the provisions of Article 309 of to be Go· vernm•nt the Constituticn of India, all employees of Ma servant. drassa, now covered by deficit scheme of grants in-aid under the Government of Assam shall be deemed to have become the employees of the Go vernment on and from the appointed day on the following terms and conditions, namely :- (a) all rules including service rules and rules of conduct and dicipline, which are applicable oar. THE ASSAM GAZETTE. EXTRAORDINARY 30, 1995 1641 to the Government servants of correspon ding grade, similarly placed shall be appli cable to all employees of the Madrassa ; (b) all employees shall be entitled to such emo luments as salary and allowances etc. as admissible to them : Provided that no employee shall get as emo luments any amount which is less than the amount he was getting immediately before the appointed day, (c ) Services of all employees shall be encadred in appropriate cadres in accordance with the rules as may be prescribed by the Government for this purpose ; (d) the inter-se-~eniority of foe employees of a cadre or class shall be determined CJn the basis of the rules as may be prescribed by the Government. ~i:eraa~dua- h 4. ( 1) d~ otwithst.anding anything contahincd h in pension etc. t e precee mg section, a 11 emp1 oyees ot er t an Grade IV employees of a Madrassa, coming within the purview of this Act shall, on attaining the age of 58 years, go on superannuation, and the Grade IV employees shall go on superannuation on attai ning the age of 60 years. (2) All employees going on superannuation under sub-section ( 1) shall be eligible to pension or gratuity or both in accordance with the p~sion rules, appli cable to the Government servants of equivalent rank subject, however, to the condition that for the pensionery benefits of the employees whose services are provincialised under the provisions of this Act, the services of any such employees shall be counted. (a) in case such employee has joined the Madrassa subsequent to the date of this l rndrassa receiving the grant under ad hoc system of grants-in-aid, from the 1642 THE ASSAM GAZETTE. EXTRAORDINARY, OCT. 30, 1995 date of his joining the service on regular appointment in the Madrassa receiving grant under ad-hoc system of grant-in aid; or (b) in case such employee had joined the Madrassa on regular appointment prior to the Madrassa receiving grant under the ad-hoc system of grants-in-aid, from the date of this Madrassa receiving grant under ad-hoc system of grants-in-aid. (3) Any existing employee other than the Grade IV employee, who dose not intend to go on supa rannua tion on attaining the age of 58 years shaJl have the option to continue upto the completion of the age of 60 years uneer the same terms and conditions, which were 2.pplicable to him immediately before the date of provincialisation, in which case he shall not be entitled to any pension or gratuity or leave encashment. Such existing employee other than a Grade I\' employee, who does not i·ntend t,o go on superan nuation on attaining the age of 58 years but wants to continue till the completion of 60 years shall in timate the same in writting to the Deputy Director of Madrassa Education, Assam within a period- (a) which shall be 3 months from the date of publication of this Act in the Official Gezette in case of any institution whose employee's services are provinoialised with effect from the Fifteenth day of August, 1994 as per the pro vision of Sction 3 ; which shall be 3 months from the date of provincialisation in case of any institution, whose employee's services are provincialised unde1 the provision of Section 7 : Provided 1hat in the absence of any such intima tion in writing, every existing employee, other them THE ASSA"lf GllETTE. EXTRA'ORDIN'ABY, OCT. 90, 1995 -1643 the Grade IV employee shall be deemed to have opted for going on superannuation on attaining the age of 58 years. Government 5. (I) With effect from the appointed day the to take over a d mm . 1 . strah . o n, management an d contro 1 o f a 11 em - Madrassa and.~mpl7· ployees of all Madrassa the services of whose em· ployeeS are provincialised under the provisions of C«'I ereo - Section 3 or Section 7, as the case may be, shall vest in the Government and the Managing Co mmittee or the Governing Body, as the case may be, of such M adrassa shall exercise such functions as may be specified by the Government or under the rules made; under this Act, untH such Mana ging Committee or the Governing Body, as the case may be, is either reconstituted or replaced under the rules prescribed. (2) The selection for recruitment to any post, teaching or non-teaching, in a Madrassa except the.; post of Superintendent of a Senior Madrassa and Principal of a Title Madrass?. or an Arabic College shall be made by a Selection Board, which shall be constituted by the President of the Managing Co mmittee or the Governing Body, as the case may be, of the Madrassa for each such Madrassa, as stated below:- (i) President of the Managing Committee of Chair the Senior Madrassa or the President of the man, Governing Body of the Title Madrassa or the Arabic College, as the case may be- (ii) Superintendent of the Senior Madrassa Member or the Principal of the Title Madrassa or Secre the Arabic College, as the case may be- tary, (iii) Two academicians to be selected by the Member. Managing Committee of the Senior Madrassa from outside the Managing Committee or Governing Body of the Title Madrassa or the Arabic College from outside the Governing Body, as the case may be- 1644 THE ~SSAM GAZETTE. EXTRAORDINARY OOT. 30, 1995 (iv) Two members selected by the Managing Committee of the Senior Madrassa from the Managing Committee or selected by the Governing Body, of the Title Members. Madrassas the Arbic College from the Governing Body, as the case may be- (v) One representative to be nominated by the. Deputy Director of Madrassa Member. Education, Assam - (3) The selection for appointment to the post of Superintendent of a Senior Madrassa or Princi pal of a Title Madrassa or Principal of an Arabic College shall be made by a State Selection Board which shall be constituted by the Government as stated below :- (i) Chairman, State Madrassa Education Chairman. Board, Assam,- (ii) Deputy Director of Madrassa Member-I Education, Assam,- Secretary. (iii) One expert from the theological subject, to be nominated by the Member. Deputy Director of Madrassa Education, Assam,- (iv) One expert from secular subject, to be nominated by the Deputy Member. Director of Madrassa Education, Assam,- (v) Senior-most Superintendent amongst the Superintendents of Senior Madrassas in the Principal amongst the State/Senior~most Principals of Title Madrassas in the State ocr. THE ASSAM GAZ~E EXTRAORbiNARY, 30, 1995 1645 Senior most Principal amongst the Principals of Arabic Colleges in the State, as the case may be, to be Member. nominated by the Deputy Director of Madrassa Education, Assam,- (vi) Two Members from the State Madrassa Education Board, Assam Members. to be selected by it. P lu ro it c e a e n d d in gs. 6 • N o sm · t , prosecuti · o n or ot h er I e ga 1 proce- ding shall lie for anything done in good faith · under this Act, except with the previous sanction of the Government. 7. The Government may, by notification pub Pnvinciali- !~~Mad~ lished in the Official Gazette, provincialise on the same terms and conditions as provided in clauses (a) asaa. to (d) of sub-section (1) of section 3 and section 4, the services of the employees of the Madrassa institutions which may be recognised after this Act, has come in to force. t:ules. !~'k!r h 8.(1) The Government may , by notification in t e Officials Gazette, make rules for carrying out the provisions of this Act. (2) Every rule made under this section shall, as soon as may be after they are made, be laid be fore the Assam Legislative Assembly, while it is session, for a total period of not less than fourteen days which may be comprised in one session or two or more successtive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following the Assam Legis lative Assembly agree that the rules should not be made the rules shall thereafter have effect, only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be wit out proejudice to the validity of anything previously done under that rule. 1646 THE ASSAM GAZETTE. EXTRAORDINARY, OC9T. 30, 1995 Power of in- 9. (I) If any difficulty arises in interpretation terpretahon · · f h' A h ' · f and remoyatOf any prOVISIOnS 0 t IS ct t e mterpretation 0 of diflicuhies.the Government shall be final. (2) If any difficulty arises in giving effect to the provisions of this Act, the Governor may, by order do anything not inconsistent with the provisions of this Act, which appear '"to him to be necessary or expedient for the purp_ose of removing the difficulty. (3) Every order made under sub-section (2} shall be laid before the Assam Legislative Assembly in the manner laid down in sub-section (2) of sec tion-8. ~caJlnt .1~f (10) The land, buildings or any other proper o ty r io~s' ui • owned by any Senior Madrassa, Title Madrassa ~ther i>roper-Arabic College, whose employees' Services are pro uea. vincialised as per the provisions of this Act shall continue to be owned by the respective senior Madrassa, Title Madrassa or Arabic College after such provincialisation. M. K. DEKA, Joint Secy. and i/c Secy. to the Govt. of Assam, Legislative Department. Ouwabati:.-P:tDte.l and publishe·i by the Dy. Director (P.&S.), Dtrecbratti of Ptg and Sty., Assam, Guwahati-21 (Ex. Gazette) No. 465- 740-600-30-10-1995. .