The Uttar Pradesh Board of Madarsa Education Act, 2004

The Uttar Pradesh  Board of Madarsa Education Act, 2004 
[U.P. Act No. 29 of 2004 ] 
-------------------- 
ARANGEMENTS OF SECTIONS 
SECTIONS 
1- Short title and commencement 
2- Definition. 
3- Constitution of the Board 
4- Removal of members. 
5- Term of Office of members.  
6- Filling of vacancies on expiry of term of office 
7- Meeting of the Board. 
8- Vacancies etc. not to invalidate acts and proceedings. 
9- Functions of the Board 
10-Powers of the Board. 
11-Recognition of an institution in any new subject or for a higher class. 
12-Proper utilization of donation 
13-Power of the State Government. 
14-Officer and other employees of the Board.  
15-Powers and duties of the Chairperson of the Board. 
16-Powers and duties of the Registrar.  
17-Appointment and constitution of Committee and sub-committees. 
18-Power to delegate 
19-Superintendent of Centre and invigilator to be public servant. 
20-Power of the Board to make regulations 
21-Publication and previous approval of regulations made by the Board 
22-Scheme of Administration 
23-Procedure for appointment of head of institutions teachers and other 
employees. 
24-Conditions of service of head of institution, teachers and other employees. 
25-Casual Vacancies 
26-Power of the Board and Committees to make bye-laws 
27- Protection for acts done in good faith. 
28-Bar of Jurisdiction of Courts 
656 
THE UTTAR PRADESH BOARD OF MADARSA EDUCATION  
ACT, 2004 
(U.P. Act No. 29 of 2004) 
 [As passed by the Uttar Pradesh Legislative Assembly,  assented 
to by the Governor on December 3, 2004 and published in U.P. Gazette 
Extraordinary on December 6, 2004.] 
AN 
ACT 
to provide for the establishment of a Board of Madarsa 
Education in the State and for the matters connected therewith or 
incidental thereto. 
It is hereby enacted in the Fifty-fifth Year of the Republic of 
India as follows :– 
Short title and 
commencement 
1. (1) This Act may be called the Uttar Pradesh Board of 
Madarsa Education Act, 2004. 
 (2) It shall be deemed to have come into force on 
September 3, 2004. 
Definitions 2. In this Act unless the context otherwise requires:—  
 (a) ‘‘Board’’ means the Uttar Pradesh Board of Madarsa 
Education established under section 3; 
 (b) ‘‘centre’’ means an institution or a place fixed by the 
Board for the purpose of holding its examinations and includes 
the entire premises attached thereto; 
 (c) ‘‘Director’’ means the Director, Minority Welfare, Uttar 
Pradesh; 
 (d) ‘‘head of institution,’’ in relation to an institution, 
means the Principal or the Head Master, as the case may be, of 
that institution; 
 (e) ‘‘Inspector’’ means the inspector, Arabic Madarsas, 
Uttar Pradesh and includes an officer authorised by the State 
Government to perform all or any of the functions of the 
inspector under this Act; 
 (f) ‘‘institution’’ means the Government Oriental College, 
Rampur and includes a Madarsa or an Oriental College 
established and administered by Muslim-Minorites and 
recognised by the Board for imparting  Madarsa-Education; 
 (g) ‘‘Legislator’’ means a member of either house of the 
State Legislature; 
 (h) ‘‘Madarsa-Education’’ means education in Arbic, Urdu, 
Parsian, Islamic-studies, Tibb Logic, Philosophy and includes 
such other branches of learning as may be specified by the 
Board from time to time; 
 (i) ‘‘invigilator’’ means a person who assists the 
Superintendent of a centre in conducting and supervising the 
examinations at a Centre; 
  (j) ‘‘recognition’’ means recognition for the purpose of 
preparing candidates for admission to the Board’s Examination;
 
[The Uttar Pradesh Board of Madarsa Education Act, 2004] 
658 
 (k) ‘‘Deputy Director’’ means the Deputy Director, 
Minority Welfare, Uttar Pradesh charged with the work of 
Madarsa-Education; 
 (l) ‘‘regulations’’ means regulations made under this Act; 
 (m) ‘‘Registrar’’ means the Registrar of the Board; 
 (n) ‘‘Superintendent of a Centre’’ means a person 
appointed by the Board to conduct and supervise an 
examination of the Board and includes an Additional 
Superintendent; 
 (o) ‘‘unfair-means’’ in relation to an examinee while 
answering questions in an examination, means the 
unauthorised help form any person directly or indirectly or 
from any material written, recorded, copied or printed in any 
form whatsoever, or the use of any unauthorised telephonic, 
wireless or electronic or other instrument or gadget. 
Constitution of  
the Board 
3. (1) With effect from such date as the State Government 
may, by notification, appoint, there shall be established at Lucknow a 
Board to be known as the Uttar Pradesh Board of Madarsa-
Education. 
 (2) The Board shall be a body corporate. 
 (3) The Board shall consist of the following members, 
namely:– 
(a) a renowned Muslim educationsist in the field of 
traditional Madarsa-Education, nominated by the State 
Government who shall be the Chairperson of the Board; 
(b) the Director, who shall be the Vice-Chairperson of the 
Board; 
(c) the Principal, Government Oriental College, Rampur; 
(d) one Sunni-Muslim Legislator to be elected by both 
houses of the State Legislature; 
(e) one Shia-Muslim Legislator to be elected by both 
houses of the State Legislature;  
(f) one representative of National Council for Educational 
Research and Training; 
(g) two head of institution established and administered 
by  Sunni-Muslim nominated by the State Government; 
(h) one head of institution established and administered 
by Shia-Muslim nominated by the State Government; 
(i) two teachers of institutions established and 
administered by Sunni-Muslim nominated by the State 
Government; 
(j) one teacher of an institution established and 
administered by Shia-Muslim nominated by the State 
Government; 
(k) one Science or Tibb teacher of an institution 
nominated by the State Government; 
(l) the Account and Finance Officer in the Directorate of 
minority Welfare, Uttar Pradesh; 
[The Uttar Pradesh Board of Madarsa Education Act, 2004] 
660 
 
 (m) the Inspector; 
(n) an officer not below the rank of Deputy Director 
nominated by the State Government, who shall be the member 
Registrar. 
(4) As soon as may be after the election and nomination of the 
members of the Board are completed, the State Government shall notify 
that the Board has been duly constituted : 
Provided that a notification under this sub-section may be 
issued even before the election of the member specified in clause (d) or 
clause (e) of sub-section (3) has been completed. 
(5) (a) Where there is only one Shia member or only one Sunni 
member in the State Legislators then each will be nominated by the 
State Government. 
(b) If no Shia member in the State Legislature is available then 
two  Sunni-Muslim Legislators shall be elected as member of the Board 
and in the nomination paper of one of such Legislator it shall be 
mentioned before election that he shall cease to hold the office of the 
member of the Board on the date a Shia-Muslim Legislators takes oath 
as the member of the Board. Similarly in the case of non availability of 
Sunni-Muslim Legislator two Shia-Muslim Legislators shall be elected 
as the member of the Board and in the nomination paper of one of such 
Shia Legislators it shall be mentioned before election that he shall cease 
to hold office of the member of the Board on the date of taking oath of 
the office of the member of the Board by a Sunni-Muslim Legislator.  
 (6) On and from the date of the establishment of the Board 
under sub-section (1), the Arbi and Farsi Education Board functioning 
immediately before such establishment, hereinafter referred to as the 
earstwhile Board, shall stand dissolved and upon such dissolution,– 
 
 (a) all the properties and assets of the earstwhile Board 
shall stand transferred to, and vest in the Board; 
 
 (b) all debts, liabilites and obligations of the exsting Board, 
whether contractual or otherwise, shall stand transferred to the 
Board; 
 
 (c) all the officer and employees of the earstwhile Board 
shall become the officers and employees of the Board on the 
same terms and conditions and with the same rights and 
privileges as to retirement benefits and other matters as would 
have been applicable to them immediately before such 
dissolution till their employment under the Board is duly 
terminated or until their remuneration and other conditions of 
service are duly altered not to their disadvantage: 
 
 Provided that an officer or employee of the earstwhile Board 
may by notice addressed to the Board served within a period of 
thirty days from such dissolution, intimate his option not to 
become an officer or employee of the Board and upon receipt of 
such notice, the post held until then by him shall stand 
abolished and his services shall stand terminated and he shall 
be paid an amount equivalent to his three months salary as 
compensation. 
 
Removal of 
members 
4. The State Government may remove from the Board a member 
other than an ex-officio member, who in its opinion, has so flagrantly 
abused his position as such member as to render his continuance on 
the Board detrimental to the public interest: 
 
[The Uttar Pradesh Board of Madarsa Education Act, 2004] 
662 
 Provided that the State Government shall,  before removing a 
member as aforesaid, give him an opportunity of fifteen days for 
submitting explanation and shall place on record reasons for his 
removal. 
 
Term of office 
of members 
5. (1) A member, other than ex-officio member, shall hold office 
for a term of three years from the date of the notification under sub-
section (4) of section 3: 
 
 Provided that in the case of clause (b) of sub-section (5) of 
section 3 this sub-section shall not apply and the term shall be 
determined in accordance with the provisions of the said clause : 
 
 Provided further that the State Government may, by 
notification, extend the term of any such member for a period not 
exceeding six months at a time in the manner that the total extended 
period should not exceed one year. 
 
 (2) A member of the Board shall cease to be such member upon 
his ceasing to have the capacity in which he was elected or nominated, 
and his seat shall thereupon become vacant. 
 
Filling of 
vacancies on 
expiry of term 
of office 
6. The State Government shall take steps for the reconstitution 
of the Board before the expiry of the term of office of members under 
section 5. 
 
Meeting of 
the Board 
7. (1) The Board shall meet at such time and place and shall 
subject to the provisions of sub-sections (2) and (3) observe such 
procedure in transacting the business at its meeting, including the 
quorum thereat, as may be provided by bye-laws made in this behalf. 
 
  (2) The Chairperson shall preside at the meeting of the Board. 
In his absence, the Vice-Chairperson of the Board shall preside at the 
meeting. When Chairperson/Vice-Chairperson both were absent then 
the Chairperson shall be a senior member elected under clause (d) or 
clause (e) shall provide at the meeting. 
 
 (3) All questions arising in a meeting of the Board shall be 
decided by majority of votes of the members present and voting and in 
case of equality of votes, the person presiding at such meeting shall 
have a second or casting vote. 
 
Vacancies etc. 
not to 
invalidate acts 
and 
proceedings 
8. No act or proceeding of the Board or of a committee 
appointed by it, shall be invalid on the ground merely the existence of 
any vacancy or defect in the constitution of the Board or the 
Committee. 
 
Functions of 
the Board 
9. Subject to the other provisions of this Act the Board shall 
have the following functions, namely:– 
 
 (a) to prescribe course of instructions, text-books, other 
books and instructional meterial, if any, for Tahtania, 
Fauquania, munshi, Maulavi, Alim, Kamil, Fazil and other 
courses; 
 
 (b) prescribe the course books, other books and 
instruction material of courses of Arbi, Urdu and Pharsi for 
classes upto High School and Intermediate standard in 
accordance with the course determined there for by the Board 
of High School and Intermediate Education; 
 
 (c) to prepare manuscript of the course books, other books 
and instruction material referred to in clause (b) by excluding 
the matters therein wholly or partially or otherwise and to 
publish them; 
 
 
[The Uttar Pradesh Board of Madarsa Education Act, 2004] 
664 
 (d) prescribe standard for the appointment of Urdu 
translators in the various offices of the State and ensure 
through the appointing authority necessary action with respect 
to filling up of the vacant posts; 
 (e) to grant Degrees, Diplomas, Certificates or other 
academic distinctions to persons, who– 
(i) have pursued a course of study in an institution 
admitted to the privileges or recognition by the Board; 
(ii) have studied privately under conditions laid down 
in the regulations and have passed an examination of the 
Board under like conditions; 
(f) to conduct examinations of the Munshi, Maulavi, Alim 
and of Kamil and Fazil courses; 
(g) to recognise institutions for the purposes of its 
examination; 
(h) to admit candidates to its examination; 
(i) to demand and receive such fee as may be prescribed in 
the regulations; 
(j) to publish or withhold publication of the result of its 
examinations wholly or in part; 
(k) to co-operate with other authorities in such manner and 
for such purposes as the Board may determine; 
 (l) to call for reports from the Director on the condition of 
recognised institutions or of institutions applying for 
recognition; 
 
 (m) to submit to the State Government its views on any 
matter with which it is concerned; 
 
 (n) to see the schedules of new demands proposed to be 
included in the budget relating to institutions recognised by it 
and to submit if it thinks fit, its views theron for the 
consideration of the State Government; 
 
 (o) to do all such other acts and things as may be requisite 
in order to further the objects of the Board as a body 
constituted for regulating and supervising Madarsa-Education 
up to Fazil; 
 
 (p) 
to provide for research or training in any branch of               
Madarsa-Education viz, Darul Uloom Nav Uloom, Lucknow, 
Madarsa Babul Ilm, Mubarakpur, Azamgarh, Darul Uloom 
Devband, Saharanpur, Oriental College Rampur and any other 
institution which the State Government may notify time to time. 
 
 (q) to constitute a committee at district level consisting of 
not less than three members for education up to Tahtania or 
Faukania standard, to delegate such committee the power of 
giving recognition to the educational institutions under its 
control . 
 
 (r) to take all such steps as may be necessary or convenient 
for or as may be incidental to the exercise of any power, or the 
performance or discharge of any function or duty, conferred or 
imposed on it by this Act. 
 
Powers of 
the Board 
10. (1) The Board shall subject to the provisions of this Act and 
the rules made thereunder, shall have all such powers as may be 
necessary for the performance of its functions and the discharge of its 
duties under this Act, or the rules or regulations made thereunder. 
 
[The Uttar Pradesh Board of Madarsa Education Act, 2004] 
666 
 (2) In particular and without prejudice to the generality of 
the foregoing powers, the Board shall have the powers,– 
 
 (i) to cancel an examination or withhold the result of an 
examination of a candidate, or to disallow him from appearing at 
any future examination who is found by it to be guilty of,– 
 
(a) using unfair means in the examination; or   
(b) making any incorrect statement or suppressing 
material information or fact in the application form for 
admission to the examination; or 
 
(c) fraud or impersonation at the examination; or  
(d) securing admission to the examination in 
contravention of the rules governing admission to such 
examination; or 
 
(e) any act of gross indiscipline in the course of the 
examination; 
 
 (ii) to cancel the result of an examination of any candidate 
for all or any of the acts mentioned in sub-clauses (a) to (d) of 
clause (i) or for any bonafide error of the Board in the 
declaration of the result; 
 
 (iii) to prescribe fees for the examinations conducted by it 
and provide for the mode of its realisation; 
 
 (iv) to refuse recognition of an institution,– 
 (a) which does not fulfil, or is not in a position to 
fulfil, or does not come up to, the standards for staff, 
instructions, equipment or buildings laid down by the 
Board in this behalf; or 
(b) which does not, or is not, willing to abide by the 
conditions of recognition laid down by the Board in this 
behalf; 
(v) to withdraw recognition of an institution not able to 
adhere to, or make provisions for, standards of staff, 
instructions, equipment or buildings laid down by the Board or 
on its failure to observe the conditions of recognition to the 
satisfaction of the Board; 
(vi) to call for reports from the head of institution in respect 
of any act of contravention of the rules or regulations of 
decisions, instructions or directions of the Board and take 
suitable actions for the enforcement of the rules or regulations 
decisions, instructions or directions of the Board, in such 
manner as may be prescribed by regulations; 
(vii) to inspect an institution for the purpose of ensuring 
due observance of the prescribed courses of study and that the 
facilities for instructions are duly provided and availed of; and 
(viii) to fix the maximum number of students that may be 
admitted to a course of study in an institution. 
(3) The decision of the Board in all matters mentioned in sub-
sections (1) and (2) shall be final. 
Recognition of 
an institution 
in any new 
subject or for 
a higher class 
11. Notwithstanding anything contained in sub-clause (a) clause 
(iv) of sub-section (2) of section 10, the Board may, with the prior 
approval of the State Government, recognise and institution in any new 
subject or group of subjects for a higher class. 
 
[The Uttar Pradesh Board of Madarsa Education Act, 2004] 
668 
Proper 
utilization of 
donation 
12. Where a contribution or donation, either in cash or in 
kind, is taken or received by an institution, the contribution or 
donation so received shall be utilized only for the purpose for which 
it was given to it and in the case of an institution maintained 
exclusively by the State Government, the cash contribution or 
donation shall be credited to personal ledger account of such 
institution which shall be operated in accordance with general or 
special orders of the State Government. 
Power of the 
State 
Government 
13. (1) The State Government shall have the right to address 
the Board with reference to any work conducted or done by the 
Board and to communicate to the Board its views on any matter with 
which the Board is concerned. 
 (2) The Board shall report to the State Government such 
action, if any, as it is proposed to be or has been taken upon its 
communication. 
 (3) If the Board does not, within a reasonable time take action 
to the satisfaction of the State Government, the State Government 
may after considering any explanation furnished or representation 
made by the Board, issue such directions consistent with this Act, 
as it may think fit, and the Board shall comply with such direction. 
  (4) Whenever, in the opinion of the State Government, it is 
necessary or expedient to take immediate action, it may, without 
making any reference to the Board under the foregoing provisions, 
pass such order or take such other action consistent with this Act as 
it deems necessary and in particular, may by such order, modify or 
rescind or make any regulation in respect of any matter and shall 
forthwith inform the Board accordingly. 
 (5) Any action taken by the State Government under sub-
section (4) shall not be called in question in any court. 
Officer and 
other employees 
of the Board 
14. For the purpose of enabling it efficiently to discharge it’s 
functions under this Act, the Board may appoint such number of 
officers and other employees, with the previous approval of the State 
Geovernment as it may think fit. 
Powers and 
duties of the 
Chairperson of 
the Board 
15. (1) It shall be the duty of the Chairperson of the Board to 
ensure the observance of this Act and the regulations, faithfully and 
he shall have all the powers necessary for this purpose. 
 (2) The Chairperson of the Board shall exercise such other 
powers as may be prescribed by the regulations. 
Powers and 
duties of the 
Registrar 
16. (1) The Registrar of the Board shall be the Chief 
Executive Officer of the Board and shall, subject to the 
superintendence, control and directions of the Board, be responsible 
for the execution of its decisions. He shall exercise such other 
powers and perform such other duties as may be prescribed by 
regulations, and in particulars :— 
 (a) be responsible to prepare and present the annual 
estimates and statement of accounts; 
 (b) be responsible to ensure that all moneys are spent for 
the purpose for which they are granted or allotted; 
 (c) be responsible for keeping the minutes of the meeting 
of the Board; 
[The Uttar Pradesh Board of Madarsa Education Act, 2004] 
670 
 (d) shall exercise such powers as are necessary for the 
conduct of the examinations; and 
 (e) shall exercise such other powers as may be 
prescribed by the regulations. 
Appointment and 
constitution of 
committee and 
sub-committees 
17. (1) The Board shall appoint the following committees, 
namely :— 
(a) Curriculum Committee; 
 (b) Examination Committee; 
 (c) Result Committees; 
 (d) Recognition Committee; and  
 (e) Finance Committee. 
 (2) Such a committee shall consist of the members of the 
Board only and shall be constituted in such a way that as for as 
possible atleast one member from each of the following classes are 
represented in each of the committees:– 
 (a) head of institutions; 
 (b) teachers of institutions; 
  (c) Academicians : 
 Provided that no member of the Board shall serve on 
more than one of such committees, and the term of members 
of the committee shall cease with the cessation of the 
membership of the Board. 
 (3) In addition to the committees mentioned in sub-section 
(1) the Board may appoint such other committees or sub-
committees as may be prescribed by regulations. 
 (4) The committees and sub-committees appointed under 
sub-section (3) shall be constituted in such manner and on such 
terms and conditions as may be prescribed by regulations. 
Power to delegate 18. 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 Vice-
Chairpersons or by such Committee or officer in such cases and 
subject to conditions, as may be specified therein.  
Superintendent 
of Centre and 
invigilator to be 
public servant 
19. The Superintendent of a Centre and an invigilator shall 
be deemed to be public servants within the meaning of section 21 of 
the Indian Penal Code. 
Power of the 
Board to make 
regulations 
20. (1) The Board may make regulations for carrying out the 
purposes of this Act. 
 (2) In particular and without prejudice to the generality of 
the foregoing powers, the Board may make regulations providing for 
all or any of the following matters, namely:– 
 (a) constitution, power and duties of committees and 
sub-committees; 
 (b) the conferment of Degrees, Diplomas and 
Certificates; 
(c) the conditions of recognition of institutions; 
(d) the courses of study to be laid down for all Degrees, 
Diplomas and Certificates; 
[The Uttar Pradesh Board of Madarsa Education Act, 2004] 
672 
 (e) the conditions under which candidates shall be 
admitted to the examinations and research programme of 
the Board and shall be eligible for Degrees, Diplomas and 
Certificates; 
 (f) the fees for admission to the examination of the 
Board; 
 (g) the conduct of examination; 
 (h) the appointment of examiners, moderators, 
collators, scrutinisers, tabulators, Centre inspectors, 
Superintendents of Centres and invigilators and their 
duties and powers in relation to the Board’s examinations 
and the rates of their remuneration; 
 (i) the admission of institutions to the privilege of 
recognition and the withdrawal of recognition; 
 (j) all matters which are to be, or may, provided for by 
regulations. 
Publication and 
previous approval 
of regulations 
made by the 
Board 
21. (1) All regulations under section 21 shall be made only 
with the previous approval of the State Government and shall be 
published in the Gazette. 
 (2) The State Government may approve any such 
regulations proposed by the Board with or without modification. 
Scheme of 
Administration 
22. (1) Notwithstanding anything contained in any law, 
document or decree or order of a court or other instrument, there 
shall be a Scheme of Administration for every institution, whether 
recognised before or after the commencement of this Act. The 
Scheme of Administration shall amongst other matters provide for 
the constitution of a Committee of Management vested with 
authority to manage and conduct the affairs of the institution. The 
Head of the institution and two teachers thereof, belonging to 
Muslim-Minority, who shall be selected by rotation according to 
seniority in the manner prescribed by regulations, shall be ex-
officio members of the Committee of Management with a right to 
vote. 
 (2) No member of the Committee of the Management shall 
either attend the meeting of the Committee or exercise his right to 
vote whenever a charge concerning his personal conduct is under 
discussion. 
 (3) The Scheme of Administration shall also describe 
subject to any regulation, the respective powers, duties and 
functions of the Head of the institution and Committee of 
Management in relation to the institution. 
 (4) Where more than one recognised institutions are 
maintained by a body or authority, there shall be a separate 
Committee of Management for each institution unless otherwise 
provided in the regulations for any class of institutions. 
 (5) The Scheme of Administration of every institution shall 
be subject to the approval of the Board and no amendment to, or 
change in, the Scheme of Administration shall be made at any 
time without the prior approval of the Board : 
[The Uttar Pradesh Board of Madarsa Education Act, 2004] 
674 
 Provided that where the Management of an institution is 
aggrieved by an order of the Board refusing to approve an 
amendment or change in the Scheme of Administration, the State 
Government, on the representation of the Management, may, if it is 
satisfied that the proposed amendment or change in the Scheme of 
Administration is in the interest of the institution, order the Board to 
approve the same and thereupon the Board shall act accordingly. 
 (6) Every institution shall be administered or managed in 
accordance with the Scheme of Administration framed under and in 
accordance with the sub-section (1) to sub-section (5). 
 (7) In the case of an institution recognised before the 
commencement of this Act a draft of the Scheme of Administration 
shall be prepared and submitted to the Board for its approval within 
six months from such commencement alongwith the application for 
recognition. 
 (8) If an institution fails to comply with the provision of sub-
section (7) within the period provided therefor, the Board shall, by 
notice in writing, require such institution to submit the Scheme of 
Administration within a further period of three months : 
 Provided that on a representation by the institution prior to 
the expiry of the extended period, the Board may in its discretion 
allow a further extension for a period of three months but not beyond 
that and the Committee of Management of the institution shall 
comply with the provisions of this section in such further extended 
period. 
Procedure for 
appointment of 
head of 
institutions, 
teachers and 
other employees 
23. Subject to the other provisions of this Act, the head of 
institution, teachers and other employees of an institution shall be 
appointed in accordance with the regulations. 
Conditions of 
service of head 
of institution, 
teachers and 
other employees 
24. (1) The head of institution, teachers and other employees 
of an institution shall be governed by such conditions of service as 
may be prescribed by regulations and any agreement between the 
Committee of Management and such head of institution, teachers or 
employees, as the case may be, in so for as it is inconsistent, with 
the provisions of this Act or the regulations, shall be void. 
 (2) Without prejudice to the generality of the powers conferred 
by  sub-section (1) the regulations may provide for,— 
 (a) the code of conduct, the period of probation, the 
conditions of confirmation and the procedure and conditions 
for promotion and punishment including suspension pending 
or in contemplation of inquiry or during the pendency of 
investigation, inquiry or trial in any criminal case for an 
offence involving moral turpitude and the allowances for the 
period of suspension and termination of service with notice; 
 (b) the scales of pay and payment of salaries; 
 (c) grant of leave and provident fund and toher benefits; 
and 
 (d) maintenance of record of work and service. 
 
[The Uttar Pradesh Board of Madarsa Education Act, 2004] 
676 
Casual vacancies 25. All casual vacancies among the Members other than  
ex-officio members of the Board or of a Committee appointed by the 
Board, shall be filled, as soon as may be, by the person or body who 
elected, or nominated, the member whose place has become vacant 
and the person elected or nominated to a casual vacancy shall be a 
member of the Board or Committee for the remaining term for which 
the person whose place he fills would have been a Member. 
Power of the 
Board and 
Committees to 
make bye-laws 
26. (1) The Board and its Committees may make bye-laws 
consistent with this Act, the rules and the regulations,— 
 (a) laying down the procedure to be observed at their 
meetings and the number of members required to form a 
quorum; 
(b) providing for all matters which are to be, or may be, 
provided for by bye-laws; 
(c) providing for all matters solely concerning the Board 
and its Committees and not provided for by this Act, the rules 
and the regulations. 
(2) The Board and its Committees shall make bye-laws 
providing for the giving of notice, to the member of the Board or 
Committee, of the dates of meeting of the Board or Committee, and 
of the business to be considered at meetings, and for the keeping of 
a record of the proceedings of meetings. 
 (3) The Board may direct amendment or recession of any bye-
law made by a Committee under this section and the Committee 
shall give effect to any such direction. 
Protection for 
acts done in 
good faith 
27. No suit, prosecution or other legal proceedings shall lie 
against the State Government, the Board or any its Committees and 
sub-Committee or any other person in respect of anything which is 
in good faith done or intended to be done in pursuance of this Act or 
any rule, regulation, bye-law, order or direction made thereunder. 
Bar of 
Jurisdiction of 
Courts 
28. No order or decision made by the Board or any of its 
committees or sub-committees in exercise of the powers conferred by 
or under this Act shall be called in question in any court. 
Fund of the 
Board 
29. (1) The Board shall have its own fund, and all receipts of 
the Board shall be credited thereto and all payments for the Board 
shall be made therefrom. 
 (2) Subject to any general or special order of the State 
Government, and subject to the provisions of this Act, the Board 
shall have the power to spend such sum as it may think fit on 
subjects or for purposes authorised by this Act. 
Account and 
audit 
30. (1) The Board shall maintain proper accounts and other 
relevant records and prepare an annual statement of accounts in 
such form as the State Government may, by general or special order, 
specify. 
 (2) The Board shall prepare an annual financial statement 
and submit it to the State Government for its approval. 
 (3) The accounts of the Board shall be audited by such 
authority as the State Government may, by general or special order, 
specify. 
[The Uttar Pradesh Board of Madarsa Education Act, 2004] 
678 
 (4) The accounts of the Board as certified by the audit 
authority together with the audit report thereon shall be forwarded 
annually to the State Government. 
Power to 
remove 
difficulties 
31. (1) If any difficulty arises in giving effect to the provisions 
of this Act, the State Government may, by a notified order, make 
such provisions, not inconsistent with provisions of this Act, as 
appears to it to be necessary or expedient, for removing the difficulty.  
 (2) No order under sub-section (1) shall be made after the 
expiry of the period of two years from the date of the commencement 
of this Act. 
 (3) The provisions of sub-section (1) of section 23-A of the 
Uttar Pradesh General Clauses Act, 1904 shall apply to the order 
made under sub-section (1) as they apply in respect of rules made by 
the State Government under any Uttar Pradesh Act. 
Power to make 
rules 
32. The State Government may, by notification, make rules 
for carrying out the purposes of this Act. 
Repeal and 
saving 
33. The Uttar Pradesh Madarsa Education 
Ordinance, 2004 is hereby repealed. 
U.P. 
Ordinance 
no. 12 of 
2004 
 (2) Notwithstanding such repeal, anything done or 
any action taken under the Ordinance referred to in sub-
section (1) shall be deemed to have been done or taken 
under this Act as if this Act were in force at all material 
times. 
 
———— 
STATEMENT  OF  OBJECTS  AND  REASONS 
In para 55 of the Education Code the Registrar, Arabi-Pharasi Examinations, 
Uttar Pradesh, Allahabad had been authorised to recognise the Arabi-Pharasi Madarsas 
in the State and for conducting the examinations of such Madarsas. These Madarsas 
were managed by the Education Department. But with the creation of the Minority 
Welfare and Wakfs Department in 1995 all the works relating to such Madarsas were 
transferred from Education Department to the Minority Welfare Departments by virtue 
of which all the works relating to Madarsas are being performed under the control of 
the Director, Minority Welfare, Uttar Pradesh and the Registrar/Inspector Arabi-Pharasi 
Madarsas, Uttar Pradesh. The Arabi-Pharasi Madarsas  were being administered under 
the Arabi-Pharasi Madarsas Rules, 1987 but since the said rules have not been made 
under an Act,  many complication arose in running the Madarsas under the said rules. 
Therefore with a view to removing the difficulties arisen in running the Madarsas, 
improving the merit therein and making available the best  facility of study to the 
students studying in Madarsas it was decided to make a law to provide for the 
establishment of a Board of Madarsa Education in the state and for the matters 
connected therewith or incidental thereto. 
Since the State Legislature was not in session and immediate legislative action 
was necessary to implements the aforesaid decision the Uttar Pradesh Board of 
Madarsa Education Ordinance, 2004 (U.P. Ordinance no. 12 of 2004) was promulgated 
by the Governor on September 3, 2004. 
This Bill is introduced to replace the aforesaid Ordinance. 
 
  
 

‹ Prev All Uttar Pradesh acts Next ›