The ASSAM filADRASSA EDUCATION (PROVINCIALISATION) ACT, 1995
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##### The Assam Gazette

###### ~~~
 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 (•;;•)

I 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

###### NOTIFfCATION

The 30th October 1995

No. LGL. 139/95[62.-The following Act ([1]f the Assam
Legislative Assen1bly which received the assent of the

Governor is hereby published for general information.


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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
extent and Education (Provincialisation) Act, 1995.
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-

Definitions. (a) 'appointed day' in relation 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;


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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 L c.nguage, EPglish, Hindi
Social Studies etc. at Secondary Ser ool k vcl, the
sylhbi, curriculnm and examinafr•n for which aP)


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1640 THE ASSAM GAZETTE EXTRAORDINARY. ocr. 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 [1].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) '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


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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

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 fo r 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 emp oyees 1 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


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1642 THE ASSAM _GAZETTE._ EXTRAORDINARY, OCT. 30, 1995

date of h is 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


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###### 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 d . . . d 1 f 11
Madrassa 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 ad rassa 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 Titl e 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-


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###### (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

State/Senior~most Principal amongst the

###### Principals of Title Madrassas in the State


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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.

Procluit eeand dings. 6 N • o smt, prosecution ·               - or ot h er ega I 1 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 anything previously done under that rule.


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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 . ~f (10) The land, buildings or any other property
1

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. .


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