LexThe ASSAM filADRASSA EDUCATION (PROVINCIALISATION) ACT, 1995
Assam · state statute
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The Assam Gazette
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EXTRAORDINARY
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PUBLISHED BY AUTHORITY.
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e:r~ 233 f'wllf9f...<l, cm~<fr~. 30 \!ll'~tc.:R', 1995, a. <irtf~, 1917 (•;;•)
No. 2'33 ili1p11r , Monday, 30th October, 1995, 8th K\artika,
1917 (S. r .. )
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GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT: LEGISLATIVE
BRANCH
NOTIF fCATION
The 30th October 1995
No. LGL. 139/95[62.-The following Act (1f the Assam
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-
Short title
extent and
commence
ment.
Definitions.
cialisation of Madrass a Education covered by the
deficit scheme of grants-i n-aid of the Government
of As1am for its improv ement 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
Educati on (Provincialisation) Act, 1995.
(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 r elation to the provisions
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, Iiik mat, Balaghat, Islamic
History along with general subjects like Mathe
mat;c s, Science, Indi an L c.nguage, EPglish, Hindi
Social Studies etc. at Secondary Ser ool k vcl, the
sylhbi , curricul nm and examinafr •n for which aP)
1640 THE ASSAM GAZETTE EXTRAORDINARY. ocr. 30, :995
Bmploy11e1
to be Go·
vernm•nt
servant.
---- ----------
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 G1.wernment ;
· (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)
(p)
(q)
'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;
'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
'Title Madrassa' means an institution im
parting Madrassa Education at Mumtajul
Muhaddisin (M.M.) level (post Graduate
level). ·
3. Subject to the provisions of Article 309 of
the Constituti cn of India, all employees of Ma
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
THE ASSAM GAZETTE. EXTRAORDINARY oar. 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
appoint ed 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- ~e niority of foe employees of a
cadre or class shall be determined CJn the
basi s of the rules as may be prescribed by the
Government.
~i:eraa~du a- h 4. ( 1) d~ otwithst.anding
11
anythi
1
ng contahincd h in
pensi on etc. t e precee mg section, a emp 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 . EXTRA ORDINARY, OCT. 30, 1995
(b)
date of h is joini ng the service on regular
appointm ent in the Madrassa receiving
grant under ad-hoc system of grant-in
aid; or
in case such employee had joined the
Madrassa on regular appointment prior
to the Mad rassa 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 completi on
of the age of 60 years uneer the same terms and
conditions, which were 2.pplicable to him immediately
before the date of provincialisati on, 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
Fifte enth 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 :
Pro vided 1hat in the absence of any such inti ma
tion in writing, every e xisting emplo yee, 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.
Governm ent 5. (I) With effect from the appointed day the
to take over d . . . d 1 f 11 Madrass a a mm1strahon, management an contro o a em -
and.~mpl7· ployees of all Madrassa the services of whose em·
C«'I ereo - ployeeS are provincialised under the provisions of
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 mad e; 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-teachi ng, in a Madrassa except the.;
post of Superintendent of a Senior Madrassa and
Princ ipal of a T itle Mad rass?. or an Arabic College
shall be mad e 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,
Governin g 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
Committ ee 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 Madra ssa M ember.
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
Education, Assam,-
(iii) One expert from the theological
Member-I
Secretary.
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
State/Senior~most Principal amongst the
Principals of Title Madrassas in the State
THE ASSAM GAZ~E EXTRAORbiNARY, ocr . 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.
luit and 6 N · · h I 1 Proceedings. • o smt, prosecution or ot er ega proce-
ding shall lie for anything done in good faith
· under this Act, except with the previous sanction
of the Government.
Pnvinciali- 7. The Government may, by notification pub
!~~Mad~ lished in the Official Gazette, provincialise on the
asaa. same terms and conditions as provided in clauses (a)
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.
!~'k!r t:ules. 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 anythi ng 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 property
io~s' ui • owned by any Senior Madrassa, Title Madrassa or
~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 D y. Director (P.&S.), Dtrecbratti
of Ptg and Sty., Assam, Guwahati-21 (Ex. Gazette) No. 465-
740-600-30-10-1995. .