LexThe Rajasthan Madarsa Board Act 2020
Rajasthan · state statute
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NOTIFICATION
Jaipur, September 23, 2020
No. F. 2(4 )Vidhi\2\2020 :- In pursuance of Clause (3) of Article 348 of the Constitution
of India, the Governor is pleased to authorize the publication in the Rajasthan Gazette of the
following translation in the English language of RajasthanMadarsa Board Adhiniyam, 2020
(2020 KaAdhiniyamSankhayank 24):-
(Authorized English Translation)
THE RAJASTHAN MADARSA BOARD ACT, 2020
(Act No. 24 of 2020)
(Received the assent of the Governor on the 22nd day of September, 2020)
An Act to establish a Board of Madarsa Education in the State of Rajasthan and to provide for
matters connected therewith or incidental thereto.
Be it enacted by the Rajasthan State Legislature in the Seventy-first Year of the Republic
of India, as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement :-
(1) This Act may be called the Rajasthan Madarsa Board Act, 2020.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on such date as the State Government may by notification in
the Official Gazette, appoint.
2. Definitions :- In this Act, unless the context otherwise requires -
(a) "Advisory Commit tee" means the Advisory Committee constituted under
section 21 ;
(b) "Board" means the Rajasthan Madarsa Board established under section 3;
(c) "Chairperson" means the Chairperson of the Board;
(d) "Competent Authority" means the Authority specified by notification in the
Official Gazette by the State Government to hear the appeal preferred under
section 26;
(e) "Fund" means the Fund constituted under section 18;
(f) "Head Master \Principal" means the head of the teaching staff of a Madarsa, by
whatever name he may be designated;
(g) "Madarsa " means an educational institution registered with the Madarsa, board
and imparting instruction in MadarsaEducation;
(h) "Madarsa Education" means a system of education which includes studies in
Islamic history and culture, and theology, and also includes general education
which prepares the student to appear for the exams conducted by Central Board of
Secondary Education, Council f or the Indian School Certificate Examinations,
Rajasthan Board of Secondary Education Boards of other States;
(i) "Madarsa Management Committee" means the person or the body of persons for
the time being entrusted with the management of the affairs of the Madarsa;
(j) "Majority" means the majority votes of the members including Chairperson,
present and voting in the meeting of the Board;
(k) "Member" means a member of the Board under this Act;
(l) "prescribed" means prescribed by rules made under this Act;
(m)"Regulations" mean regulations made under this Act;
(n) "Rules" means rules made under this Act;
(o) "Secretary" means the Secretary of the Board;
(p) "Sadar" means the head of the Madarsa Management Committee;
(q) "Social Worker" means a person who is engaged in the field of social work and
social, economical, psychological and educational upliftment of the society;
(r) "State Government" means the Government of Rajasthan; and
(s) "Teacher" means a person appointed for imparting instructio n and includes a
ShikshaSahyogi and the Head Master/ principal.
CHAPTER II
The Board
3. Establishment and incorporation of the Board :-
(1) With effect from such date as the State as the State Government may, by
notification in the Official Gazette, appoint, establish a Board to be called the
Rajasthan Madarsa Board.
(2) The headquarters of the Board shall be a Jaipur.
(3) The Board shall be a body corporate with perpetual succession and a common
seal and shall have power to acquire and hold property, both movable and
immovable, and subject to the approval of the State Government, to transfer any
property held by it and to enter into contract and to do all other things necessary
for, or conductive to the purposes of this Act and may sue or be sued in its
corporate name.
4. Constitution of the Board :-
(1) The Board shall consist of the following, namely :-
(a) Chairperson appointed by the State Government;
(b) The Secretary Incharge of the Minority Affairs and Waqf Department,
Rajasthan or his nominee not below the rank of Joint Secretary to the
Government, ex-officio member;
(c) The Secretary Incharge of the Finance Department , Rajasthan, or his nominee
not below the rank of Joint Secretary to the Government, ex-officio member;
(d) The Secretary Incharge of the Social Justice Department, Rajasthan, or his
nominee not below the rank of Joint Secretary to the Government, ex-officio
member;
(e) The Secretary Incharge of the Department of Personnel, Rajasthan,or his
nominee not below the rank of Joint Secretary to the Government, ex-officio
member;
(f) The Director, Directorate of Minority Affairs, Rajasthan ex-officio member;
(g) The Secretary Incharge of the Education Department, Rajasthan or his
nominee not below the rank of Joint Secretary to the Government, ex-officio
member;
(h) The Director, State Council of Educational Research and Training, Rajasthan,
ex-officio member;
(i) The Secretary, Board of Secondary Education, Rajasthan, ex-officio member;
(j) The Chief Executive officer, Wakf Board, Rajasthan,ex-officio member;
(k) One person from Teaching Faculty of Urdu/Arabic or Persian Language from
any State University of Rajasthan, nominated by the State Government,
member;
(l) Six Sadars, at least two of them shall be women, of the Madarsa Management
Committee nominated by the State Government, member; and
(m) Four Social Workers, at least one of them shall be a woman, of repute from
the Muslim Community nominated by the State Government, member.
Explanation:-
(1) For the purpose of this sub -section expression "Secretary Incharge" means the
Secretary to the Government Incharge of a department and includes and Additional
Chief Secretary or a Principal Secretary when he is Incharge of a department.
(2) All the appointments and nominations under sub -section (1) shall be made by the
notification published in the Official Gazette.
5. Terms and conditions of the service of Chairperson :-
(1) The Chairperson shall be an eminent educationist or a social worker of repute.
(2) The Chairperson shall hold office for a period of three years from the date of his
appointment or until the pleasure of the State Government, whichever is earlier.
(3) The Chairperson may resign his office by writing under his hand addressed to the
State Government, and shall vacate his office by writing under his hand addressed
to the State Government, and shall vacate his office with effect from the date on
which his resignation is accepted by the State Government.
(4) The Chairperson shall cease to hold office if, at any time, he becomes subject to
any of the disqualifications, referred to in sub-section(1) of section 7.
(5) The salary and allowances payable to the Chairperson shall be such as may be
prescribed.
(6) The other conditions of service of the Chairperson shall be such as may be
prescribed.
6. Terms and conditions of the service of the members :-
(1) A member, other than ex-officio member , shall hold office for a period of three
years from the date of his nomination or until the pleasure of the State
Government, whichever is earlier.
(2) A member, other than ex-officio member, may resign his office by writing under
his hand addressed to the State Government and shall vacate his office with effect
from the date on which his resignation is accepted by the State Government.
(3) A member, other thanex-officio member, shall cease to hold office if, at any time,
he becomes subject to any of disqualificati ons referred to in sub -section(1) of
section 7.
(4) The salary and allowances payable to the nominated members shall be such as
may be prescribed.
(5) The other conditions of service of the members shall be such as may be
prescribed.
7. Disqualifications :-
(1) A Chair person and a member shall be disqualified for being appointed or
nominated as a Chairperson or, as the case may be, a member of the Board, if he -
has been adjudged by a competent court to be of unsound mind;
is an undischarged insolvent;
has been convicted and sentenced to imprisonment for an offence which, in
the opinion of the State Government, involves moral turpitude;
has, in the opinion of the State Government, so misused the position of
Chairperson or member as to render that person' s continuance in office
detrimental to the interest of minorities or the public interest.
(2) If a Chairperson or a member becomes after his appointment/nomination, subject
to any of the disqualifications specified in sub-section (1), his membership shall
thereupon cease with effect from such date as the State Government may direct.
8. Filling of Vacancies :-
(1) In the event of any vacancy in the office of the Chairperson or a nominated
member by reason of death, resig nation or otherwise, such vacancy shall be filled
by the State Government by fresh appointment or, as the case may be,
nomination.
(2) Where the office of the Chairperson becomes vacant by reason of leave,
suspension or otherwise, the State Government may, by order, authorize a
member to exercise the power and perform duties of Chairperson till the new
Chairperson assumes his duties.
9. Meetings of the Board :-
(1) The Board shall meet at such times, not less than four times in a year, as may be
decided by the Chairperson.
(2) Any urgent issue may be considered by the Board through circulation mode,
subject to the ex post facto approval of the Board.
(3) The Chairperson may invite any person to the meeting whose assistance or advice
it may desire to obtain in performing any of its functions under this Act:
Provided that the person so invited under sub -section (3) shall have a right
to take a part in such meeting, but shall not have a right to vote.
(4) The quorum for the meeting of the Board shal lbe one-third of the total numb er of
members.
(5) Any issues and questions which may come up before any meeting of the Board
shall be decided by a Majority.
CHAPTER III
Powers and Duties of the Chairperson
10. Powers and Duties of The Chairperson :-
(1) It shall be the duty of the Chairperson of the Board to ensure the strict observance
of provisions of this Act and the rules thereof.
(2) The Chairperson shall be responsible for carrying out, and giving effect to, the
decisions of the Board and of any Committee constituted under this Act.
(3) The Chair person shall exercise general supervision over the Secretary and the
other officers and employees appointed by the Board.
(4) The Chairperson of the Board shall exercise such other power and discharge such
other duties as may be prescribed.
CHAPTER IV
Powers and Functions of the Board
11. Powers and functions of the Board :-
(1) It shall be the duty of the Board to advise the State Government on all matters
relating to Madarsa Education.
(2) Subject to the provisions of this Act and the rules made thereunder, any general or
special order of the State Government, the Board shall have power to direct and
supervise Madarsa Education and in particular shall exercise the following powers
and discharge the following functions, namely:-
(a) to grant or refuse registration to Madarsa and to deregister a Madarsa, if it
thinks fit and necessary;
(b) to upgrade and existing Madarsa, if it thinks fit and necessary;
(c) to maintain all records relating to registered Madarsas in accordance with the
regulations made in this behalf;
(d) to prescribe courses, curriculum and pedagogy;
(e) to prescribe text books and other teaching material;
(f) to arrange for the conduct of examinations including board level
examinations;
(g) to develop mechanism for inspection of Madarsa, and to ensure proper
utilization of funds granted by the State Government;
(h) to supervise implementation of Central and State Government schemes in
regard to Madarsa Education;
(i) to prepare annual budget estimates and accounts of the Board for the approval
of the State Government;
(j) to perform such o ther functions as may be entrusted to it by the State
Government; and
(k) to make regulations relating to conduct and discipline of officers and
employee of Madarsa Board and teachers of Madarsas.
12. Power to delegate : - The Board may, by general or special order, direct that any
power exercisable by it under this Act, except the power to make regulations, may
also be exercised by its Chairperson or by such Committee or officer in such cases
and subjects to such conditions, as may be specified therein.
CHAPTER V
Officers of the Board
13. The Secretary :-
(1) The Secretary shall be appointed by the State Government, who shall be an officer
of the Rajasthan Administrative Service.
(2) Subject to the general control and supervision of the Chairperson, the Secretary
shall be the principal administrative officer of the Board and shall be entitled to
participate in the meeting of the Board but shall not be entitled to vote thereat. He
shall be responsible for recording the proceedings of the meetings of the Board.
14. The Accounts Officer :-
(1) The State Government shall appoint an Accounts Officer who shall be an officer
of the Rajasthan Accounts Service to supervise and control the finance and
accounts of the Board. He shall work under the overall supervision of the
Secretary of the Board.
(2) He shall -
I. be responsible for the preparation of the Budget and for the presentation
thereof to the Board;
II. administer the Fund of the Board;
III. supervise and control the expenditure of the Board; and
IV. ensure that no expenditure not authorized in the Budget is incurred by the
Board.
15. Other officers and employees of the Board :-
(1) For the purpose of enabling the Board to efficiently discharge its functions under
this Act the State Government may depute such number of officers and other
employees, as it may deem fit.
(2) The State Government may also create such number and category of posts of
officers and other employees in the Board as it may consider necessary to carry
out its functions under this Act and may make appoint thereto.
(3) The salary and allowances and other terms and conditions of service of the
officers and employees of the Board, appointed under this section, shall be such
as may be prescribed.
16. District Level Office :- Subject to the control and supervision of the Board, the
office of the District Minority Welfare Officer, under the Department of Minority
affairs, shall also function as the district level officer for the purpose of implementing
schemes and programs of the Board and to inspect monitor Madarsa on behalf of the
Board.
CHAPTER VI
Budget and Finances of the Board
17. Budget :-
(1) The Board shall cause to be prepared, in such form and at such time in each
financial year as may be prescribed, its budget for the next financial year,
showing the estimated receipts and expenditure of the Board and after its approval
forward the same to the State Government.
(2) No sum shall be expended by or on behalf of the Board unless the expenditure of
the same is covered by the budget provisions approved by the State Government.
18. Fund :-
(1) There shall be established a Fund to be c alled Madarsa Board Fund, hereinafter
referred to as the "Fund".
(2) The following moneys shall form part of, and be paid into, the Fund, namely :-
i. any grants received from the State Government or the Central
Government;
ii. any trust, bequests, donations, endowments and other grants; and
iii. any other sums received on behalf of the Board.
(3) The Fund shall be applied strictly for the purposes of this Act and not otherwise.
19. Accounts and Audit :-
(1) The Accounts of the Board shall be prepared and maintained in such form and in
such manner as may be prescribed.
(2) The Accounts of the Board shall be subject to audit by the Director Local Fund
Audit in accordance with the provisions of the Rajasthan Local Fund Audit Act,
1954 (Act No. 28 of 1954 ) or in the manner as may be prescribed by the rules.
(3) The Accounts of the Board shall be audited by any registered Charted Account
Firm annually and its report shall be a part of annual report.
(4) The Board shall pay from their funds the charges for the audit as may be
prescribed by the rules.
20. Annual Report :-
(1) The Board shall prepare every year a report of its activities under this Act during
that year and submit the report to the State Government.
(2) The State Government shall, as soon as may be after the receipt of a report under
sub-section (1), cause the same to be laid before the House of the State
Legislature.
CHAPTER VII
Committees of the Board
21. Advisory Committee :-
(1) An Advisory Committee shall be constituted as provided hereunder to advise the
Board on policy matters, issu es involving finance and to review the performance
of the Board from time to time :-
a. Chief Minister of Rajasthan ex-officio Chairperson;
b. Minister for Minority Affairs,
Rajasthan
ex-officio vise -
Chairperson;
c. Minister for School Education,
Rajasthan
ex-officio member;
d. Minister for Finance,
Rajasthan
ex-officio member;
e. Minister for Social Justice and
Empowerment, Rajasthan
ex-officio member;
f. Chairperson, Waqf Board,
Rajasthan
ex-officio member;
g. Chairperson, Rajasthan
Minority Commission
ex-officio member;
h. Chairperson, Madarsa Board,
Rajasthan
ex-officio member;
i. Secretary Incharge, Minority
Affairs, Rajasthan
Member-Secretary.
Explanation:-
(1) For the purpose of this sub -section expression "Secretary Incharge" means the
Secretary to the Government Incharge of a department and includes an Additional
Chief Secretary or a Principal Secretary when he is Incharge of a department.
(2) The Chairperson may authorize the Vice -chairperson of the Advisory Committee
to chair any meeting of the Committee.'
22. Other Committees :-
(1) The Board may, constitute such Committees as it may consider necessary for its
proper and efficient functioning.
(2) The composition and the terms and conditions of the services of the members of
the committees shall be such as may be prescribed.
(3) The Board may make regulations to regulate the powers, functions and procedure
of the Committees constituted under this section.
CHAPTER VIII
Miscellaneous
23. Chairperson, members, officers and employees of the Board to be public
servants :-
The Chairperson and all members, officers and employees of the Board shall, when
acting or purporting to act in pursuance of the provisions of this Act or of any rules or
regulations made thereunder, be deemed to be public servant within the meaning of
section 21 of the Indian Penal Cold, 1860 (Central Act No. 45 of 1860).
24. Protection of acts done in good faith: - No suit, prosecution or other legal
proceedings shall lie against the State Government, the Board or any of its
Committees or any other person i n respect of anything which is done or intended to
be done in good faith in pursuance of the provisions of this Act or any rule or
regulation, order direction made thereunder.
25. Power of the State Government to issue directions :-
(1) The State Government may issue such directions to the Board as it may deem
necessary for the fulfillment of the purpose of this act and the Board shall comply
with such directions.
(2) The State Government shall have power to address the Board or express it s views
with respect to anything done or purported to be done by the Board.
(3) The State Government may by order in writing, specifying the reasons thereof,
suspend the execution of any resolution or order of the Board and any Committee
thereof and prohibit the execution of any act intended to be done under this Act, if
the State Government is of the opinion that such resolution, order or act is in
excess of the powers conferred by this Act or is prejudicial to the purposes of this
Act.
26. Appeal against the decision of the Board : - Any person or body aggrieved by any
decision of the Board may prefer an appeal within sixty days of passing of such order
to the Competent Authority:
Provided that the Competent Authority may admit the appeal after the expiry of
the said period of sixty days if it is satisfied that the appellant was prevented by
sufficient cause from filing the appeal in time.
27. Reports :- The aboard shall furnish to the State Government such reports, returns and
statements as may be prescribed and such further information on a ny matter relating
to the Board as the State Government may require.
28. Power of State Government to make rules: - The State Government may, by
notification in the Official Gazette, make rules to carry out the purposes of this Act.
29. Power of Board to make regulations: -The Board may, with the previous approval
of the State Government, make regulations consistent with this Act and the rules
made thereunder, as necessary for the exercise of its powers and the discharge of
functions under this Act.
30. Rules and regulations to be laid before the House of the State Legislature : -
Every rule and regulation made under this Act shall be laid, as soon as may be after it
is so made, before the House of the State Legislature, while it is in session, for a
period of not less than fourteen days which may be comprised in one session or in
two or more successive sessions and if before the expiry of the session in which it is
so laid or of the session immediately following, the Ho use of the State Legislature
makes any modification in the rule or regulation or resolves that the rule or regulation
should not be made, the rule or regulation 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 without prejudice to the validity of anything
previously done thereunder.
31. Power to remove difficulties :-
(1) If any difficulty arises in giving effect to the provisions of this Act, the State
Government may be order, published in the Official Gazette, make su ch
provisions not inconsistent with the purposes of this Act as may appears to be
necessary for removing the difficulty:
Provided that no such order shall be made under this section after th e
expiry of two years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is
made before the House of the State Legislature.
32. Savings : - Any Madarsa registered with the Rajasthan Madarsa Board, constituted
vide Government Order No.F.16(1) Ele.Edu./2002 dated 27.01.2003 and stands so
registered immediately before the commencement of this Act shall be deemed to be
registered in accordance with provisions of this Act.