The ASSAM MADRASSA EDUCATION (PROVINCIALISATION OF SERVICES OF EMPLOYEES AND RE-ORGANISATION OF MADRASSA EDUCATIONAL INSTITUTIONS) ACT, 2018 (SINGLE DOCUMENT)
# ASSAM ACT NO. XVI OF 2018


# (Received the assent of the Governor on 9th May, 2018)


# THE ASSAM MADRASSA EDUCATION (PROVINCIALISATION OF


# SERVICES OF EMPLOYEES AND RE-ORGANISATION OF


# MADRASSA EDUCATIONAL INSTITUTIONS) ACT, 2018.


# AN


# ACT


**Preamble.**


to provincialise the services of the employees of the Venture
Madrassa Educational Institutions and also to re-organize and
streamline the Madrassa Educational Institutions upto MM
level in theological subjects in the State of Assam.

Whereas it is expedient to provincialise the services of the
employee of the Venture Madrassa Educational Institutions
and to re-organize and streamline the Madrassa Educational
Institutions upto MM level in Assam so as to conform to the
prevailing statutory norms and standards with a further
objective to restrict any further growth of such Venture
Madrassa Educational Institutions in the State of Assam;

It is hereby enacted in the Sixty-ninth Year of the
Republic of India as follows:
(1) This Act may be called the Assam Madrassa Education

(Provincialisation of Services of Employees and ReOrganization of Madrassa Educational Institutions) Act,
2018.

(2) It extends to the whole State of Assam.


**Short title,**
**extent and**
**commencement.**


1.


**Application.** 2.

**Definitions.** 3.


(3) It shall come into force on such date as the State

Government may, by notification in the Official Gazette,
appoint and different dates may be appointed for different
provisions of the Act, or for different category of
Madrassa Educational Institutions.

The Act shall not apply to any Madrassa Educational
Institution or Arabic College established or claiming
protection under Article 30 of the Constitution of India.

In this Act, unless the context otherwise requires,
(a)"Base Madrassa" means either an existing provincialised
or a Venture Madrassa Educational Institution identified for
the purpose of provincialisation of services of employee;

(b) "Inspector of Schools" means the Inspector of School in
the concerned District unless the context otherwise requires,
it includes an Assistant Inspector of Schools of the same
District:


-----

Provided that in case of newly created districts, the
concerned district shall mean the erstwhile district until the
Inspector of Schools of the newly created district is
appointed;

(c) "District Elementary Education Officer" means the
District Elementary Education Officer of the concerned
District:

Provided that in case of newly created districts, the
concerned district shall mean the erstwhile district until the
District Elementary Education Officer of the newly created
district is appointed;

(d) "Deputy Inspector of Schools" means the Deputy
Inspector of Schools in the concerned Sub-division;

(e) "District Scrutiny Committee" means the District
Scrutiny Committee constituted under section 14 for each
District to recommend names of Venture Madrassa
Educational Institutions along with the names of teachers and
tutors whose services are considered eligible for

provincialisation under this Act;

(f) "DISE Code" means District Information System for
Education Code prepared by the Sarba Sikhsa Abhijan,
Assam and as available in the records of the National
University of Educational Planning and Administration, New
Delhi. It includes Unified District Information System
(UDISE);

(g) "employee" means and includes all serving teaching
faculty of Venture Madrassa Educational Institutions who
have been appointed and joined in the concerned Venture
Madrassa Educational Institution before the 1st day of
January, 2011 and whose services are being or would be
provincialised under this Act;

(h) "F.M. (Fadilul Ma'rif)" means a course of instruction
recognized by the State Madrassa Education Board, Assam
in Islamic education in respect of theological subjects which
is equivalent to a theological Degree Course at graduate level
and in respect of general subjects equivalent to HSLC for the
purpose of availing general education;

(i) "M.M (Mumtazul-Muhaddithin)" means a course of
instruction recognized by the State Madrassa Education
Board, Assam in Islamic education upto Post-Graduate level
in theological subjects;

(j) "Governing Body" means the Governing Body of an
Arabic College or a Title Madrassa approved by the
appropriate authority as notified by the State Government for
carrying out the management of the College or the Title
Madrassa, as the case maybe;

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(k) "Managing Committee" means the Managing Committee
constituted under the provisions of the Right of Children to
Free and Compulsory Education Act, 2009 or the rules made
there under in the case of a Pre-Senior Madrassa and in case
of Senior Madrassa, the Managing Committee approved by
the appropriate authority as notified by the State Government
for carrying out the management of the concerned
educational institution;

(l) "Madrassa Education" means a system of special
education in which instruction is imparted in Arabic, Urdu,
Persian, Quran, Tafsir, Hadith, Fiqh, Usul, Aquaid,
Mantique, Hiqmat, Balagat, lslamic History along with same
or all general subjects like Modern Indian Language,
English, Hindi, Mathematics, General Science, Social
Science, Computer, Technical and Vocational education upto
Secondary School level; the syllabus, curriculum and
examination for which are regulated by the Madrassa
Education Board, Assam, upto the level of Fadilul-Ma'rif
(F.M.) and Mumtaz-ul-Muhaddithin (M.M);

(m) "Madrassa Educational Institution" means Venture
Madrassa Educational Institutions such as Pre-Senior
Madrassa, Senior Madrassa, Title Madrassa and Arabic
College which have been established by the people of the
locality on or before 1.1.2006 and which has received
permission and recognition from the State Madrassa
Education Board, Assam on or before 1.1.2006 and whereof
the services of the teachers have not been provincialised
under any Act enacted by the State Legislature so far;

(n) "Madrassa Teachers" means F.M., M.M., Intermediate
and Hafiz and also includes Language Teachers, Graduate
Teachers/Intermediate Teachers, Lecturers, Head Mudaris,
Superintendent, Principal and any person of the Teaching
faculty working in the Venture Madrassa Educational
Institutions having required Educational qualifications and
TET qualified, whose services are provincialised under this
Act in the post of Madrassa Teachers or any other post in the
Teaching faculty, but not as tutor under this Act;

(o) "Newly created district" means district created by the
State Government by Notification in the Official Gazette on
or after 01.01.2013;

(p) "Provincialisation" means taking over the liabilities for
payment of salaries including dearness allowance, medical
allowances and such other allowances to the Madrassa
Teachers or tutors as admissible to the Government Servant
of similar category and gratuity, pension, leave encashment
etc. as admissible under the existing rules to the Government
Servants of the similar category of the State of Assam;

(q) "Provincialised Madrassa" or 'Provincialised Arabic
College" means an existing provincialised madrassa or a
Venture Madrassa Educational Institution wherein the
services of employees are provincialised under this Act;

3


Central Act
No 35 of
2009.


-----

(r) "State Government" means the State Government of
Assam in the concerned Education Department i.e.
Secondary Education Department;

(s) "State Level Scrutiny Committee" means the State Level
Scrutiny Committee constituted under section 14(8) of this
Act to cause physical verification of the institutions as
recommended by the District Scrutiny Committee for final
recommendation in the matter of provincialisation;

(t) "State Madrassa Education Board" means the "State
Madrassa Education Board, Assam constituted under the
provisions of the Assam Education Department Rules and
Order;

(u) "Tutor" means F.M., M.M., Intermediate and Hafiz and
also includes Language Teachers, Graduate

Teachers/Intermediate Teachers, Lecturers, Head Mudaris,
Superintendent, Principal working as teaching faculty in the
Venture Madrassa Educational Institutions who are not
eligible for provincialisation of their services as Madrassa
Teachers under this Act due to lack of educational
qualification. However, their services are, provincialised as
tutor with separate terms and conditions of service to be
notified by the competent administrative Department:

Provided that a tutor shall not be eligible to hold the post
of Head Mudaris, Superintendent, Principal as the case may
be, in a Madrassa education under this Act;

(v) "Venture Arabic College" means a Venture Arabic
College imparting Islamic education upto F.M.(FadilulMa'rif) and upto M.M. (Mumtazul-Muhaddithin) level for
Islamic education which has been established by the people
of the locality on or before 1.1.2006 and which has received
the required permission and recognition from the State
Madrassa Education Board, Assam on or before 1.1.2006 and
whereof the services of the teachers have not been
provincialised under any of the Act enacted by the State
Legislature so far;

(w) "Venture Pre-Senior Madrassa" means a Madrassa
Educational Institution imparting Islamic-cum-General

education upto Upper Primary level and which has been
established by the people of the locality on or before
1.1.2006 and which has also received the required
permission and recognition from the State Madrassa
Education Board Assam on or before 1.1.2006 and whereof
the services of the teachers have not been provincialised
under any of the Act enacted by the State Legislature so far;

(x) "Venture Senior Madrassa" means a Venture Senior
Madrassa Educational Institution imparting Islamic and
General education upto F.M. (Fadilul-Ma'rif) and includes a
Senior Madrassa imparting Islamic and General education
upto Intermediate stage which has been established by the
people of locality on or before 1.1.2006 and which has also
received the required permission and recognition from the

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State Madrassa Education Board, Assam on or before
1.1.2006 and whereof the services of the teachers have not
been provincialised under any of the Act enacted by the State
Legislature so far;

(y) "Venture Title Madrassa" and "Venture Arabic College"
means a Venture Title Madrassa and College respectively
imparting, Islamic education upto M.M,(Mumtazul
Muhaddithin) which has been established by the people of
locality on or before 1.1.2006 and which has also received
the required permission and recognition from the State
Madrassa Education Board, Assam on or before 1.1.2006 and
whereof the services of the teachers have not been
provincialised under any of the Act enacted by the State
Legislature so far.

(1) Subject to the provisions of Article 30 of the Constitution

of India, the following categories of Venture Madrassa
Educational Institutions shall be eligible for being
considered for provincialisation of the services of their
teachers and tutors:
(i) The Venture Madrassa Educational Institution which
have been established by the people of the locality and
which has received the required permission, recognition,
affiliation, concurrence as the case may be, upto the last
highest class required for the concerned Institution from
the State Madrassa Education Board on or before
1.1.2006:

Provided that the order for such permission,
recognition, affiliation, concurrence etc. shall have to be
issued on or before 01.01.2006 and any order issued
thereafter with any retrospective effect, shall not be
considered for the purpose of provincialisation of
services of any teacher and tutor, as the case may be, of
the institution;

(ii) The land, building and other infrastructure of such

Venture Madrassa Educational Institutions in case of
Venture Pre Senior Madrassa, shall be as far as
practicable at par with the provisions under the Right of
Children to Free and Compulsory Education Act, 2009
and Rules framed there under; Venture Madrassa
Educational Institutions in case of Venture Senior
Madrassa, Title Madrassa, Arabic Colleges shall be as
far as practicable at par with the provisions under
Assam Non-Government Educational Institutions

(Regulation and Management) Act, 2006 and Rules
framed thereunder,

(iii) The concerned Venture Madrassa Educational

Institution must have land in the name of the Institution
with clear and exclusive title and possession over the
land before 01.01.2006 and any lease or rent or donor
agreement executed at any point of time, shall not be
considered in any manner, for this purpose:

5


**Eligibility**
**criteria for**
**selection of**
**Venture**
**Madrassa**
**Educational**
**Institution for**
**provincialisation**
**of services of its**
**employees.**


4.


Central Act
No. 35 of
2009.

Assam Act
No. IV of
2007.


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Provided that in case of institutions situated in

Forest area, Forest Possession Certificate from the
competent Forest Authority certifying that the

institution has been in possession of Forest Land prior to
01.01.2006 and in case of institutions situated in tea
Gardens, certificate from Tea Garden Authority
certifying that the institution has been in possession of
Tea Garden Land prior to 01.01.2006, shall have to be
produced by the concerned educational institution
before the District Scrutiny Committe constituted under
section 14.

(iv) Venture Madrassa Educational Institution shall have

a minimum total enrolment of 30 students in a PreSenior Madrassa /pre senior section of a Senior
Madrassa, (from Class Pre-Senior 1[st] year to Pre-Senior
3[rd] Year), 25 students in each class of a Senior
Madrassa, 15 students in FM final year class if it is
Senior Madrassa and a minimum enrolment of 15
students in MM final year class if it is a Title Madrassa
or an Arabic College, as on the date of coming into
force of this Act;

(v) In case of Senior Madrassa (upto Intermediate stage

or F.M. Stage) or an Arabic College or a Title Madrassa,
the concerned Madrassa Educational Institution shall
have a consistent good academic performance which
would mean at least 50% of the candidates appearing for
the final examination as a whole must have passed in
the last three consecutive examinations conducted by
the Assam State Madrassa Education Board held during
the previous three consecutive years prior to the date of
coming into force of this Act;

(vi) In addition to the provision under clause (v) above,

at least 25 (Twenty five) students in case of core
subjects and atleast 5 (five) students in case of elective
subjects shall have appeared in the last three years of
Intermediate examination conducted by the Assam State
Madrassa Education Board in each subject in case of
Venture Senior Madrassa. Atleast 15(fifteen) students in
each core subject and atleast 5 (five) students in case of
elective subjects shall have appeared in last three years
of FM examination conducted by the Assam State
Madrassa Education Board, 5(five) students shall have
appeared in last three years of MM examination
conducted by the Assam State Madrassa Education
Board, in case of a Title Madrassa or an Arabic College;

(vii) In case of Venture Pre-senior Madrassa there shall

be six teachers or tutors, covering all theological and
general subjects including Assamese Language subject
Teacher/Tutor in respect of Madrassa under

Brahmaputra Valley and seven teachers or tutors
covering all theological and general subjects including
Assamese Language subject Teacher/Tutor in respect of

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Madrassa in Barak Valley and there must be one
Science teacher or tutor to teach Science and
Mathematics subject.

(viii) In case of Senior Madrassa there must be one

teacher or tutor to each core subject i.e. Mathematics,
Science, English, MIL and Social Sciences :

Provided that for additional posts it shall be

considered in accordance with the norms and standard
stipulated in the Schedule under sections 19 and 25 of
the Right of Children to Free and Compulsory
Education Act, 2009, if the enrollment in a particular
Madrassa is more than 180 students.

(ix) The enrolment shall be verified with the records of

the Examination authorities. There shall be physical
verification of students and checking of records of
attendance of students of last three years. The enrolment
shall be verified with the data as per DISE/UDISE Code
2009-10 or before as available in the records of the
National University of Educational Planning and
Administration, New Delhi.

(2) The concerned Venture Madrassa Educational Institution

must have the required infrastructure as specified in the
Schedule of the Right of Children to Free and Compulsory
Education Act, 2009 as far as practicable and having DISE
Code for the year 2009-2010 or prior to that in case of
Venture Pre-Senior Madrassa and in case of all other
Educational Institutions, the concerned institution must
have the required infrastructure as specified in section 10 of
the Assam Non-Govenunent Educational Institutions
(Regulation and Management) Act, 2006 as far as
practicable.

(3) Subject to the provisions of the Right of Children to Free

and Compulsory Education Act, 2009, in case of a Venture
Pre-senior Madrassa and, in case of all other institutions,
subject to the provisions of the Assam Non-Government
Educational Institutions (Regulation and Management) Act,
2006,if an educational institution which does not fulfil the
eligibility criteria as stated herein above on the date of
coming into force of this Act, such institution, shall not be
eligible to be considered for provincialisation of the
services of its teachers, but, may be allowed to run as a
Private Institution or a Non-Government Educational
Institution as before subject to fulfilment of other statutory
norms in force.

(4) If any Venture Madrassa Educational Institution

established and administered under Article 30 of the
Constitution of India prefers to come under the ambit of
this Act and if the services of employees of such
institutions are provincialised under this Act, such
institutions shall not remain under the ambit of the

7


Central Act
No.35 of
2009.

Central Act
No.35 of
2009.

Assam Act
No. IV of
2007.

Central Act
No.35 of
2009.

Assam Act
No. IV of
2007.


-----

provisions of Article 30 of the Constitution of India with
effect from the date of such provincialisation.

(5) (a) The Government of Assam shall identify Base

Madrassa/Arabic College for the purpose of
provincialisation of services of employees of the
Venture Madrassa Educational Institutions.

(b) If any Provincialised Madrassa/Arabic College

already exists within a nearby area accessible to the
students of the locality, the existing provincialised
Madrassa/ Arabic College shall be identified as the
Base Madrassa/ Arabic College:

Provided that in case of two or more existing

provincialised Madrassa Educational Institutions
are functioning within certain locality, the District
Scrutiny Committee shall identify only one of such
educational institutions as the Base

Madrassa/Arabic College, considering the existing
infrastructure and other amenities and facilities
available in such Madrassa educational institution.

(6) All the employees and the students of an Educational

Institution provincialised under this Act shall be merged
with the Base Madrassa, to fulfil and maintain norms and
all other Statutory requirements for the purpose to reorganise in education sector in all levels. The Base
Madrassa/Arabic College can be an existing

provincialised Madrassa or it may be a Venture Madrassa
Educational Institution eligible for provincialisation under
this Act having adequate infrastructure:

Provided that the existing provincialised

Madrassa/Arabic College shall be preferred over a
Venture Madrassa Educational Institution for

identification as a Base Madrassa/Arabic College.

(7) Madrassa Educational institutions which are running

professional courses and private institution run with the
fees realised from the students shall not be considered for
provincialisation of services of the teachers under this
Act.

(8)  Save and except an institution covered under Article 30 of

the Constitution of India which is already getting
financial assistance or grants-in-aid from the

Government, no other Private or Non-Government
Madrassa educational institution shall be entitled to get
any aid or assistance from the State Government in any
form with effect from the date of coming into force of this
Act.

(9) If any eligible Venture Madrassa Educational Institution

intends to remain outside the purview of provincialisation
of services of their employees under this Act, such
institution shall give their option in writing expressing
their intention to remain outside the purview of this Act,

8


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before the District Scrutiny Committee within one year
from the date of coming in to force of this Act. However,
these institutions shall have to obtain permission and
recognition as prescribed under section 16 (1) of this Act.

(1) Subject to fulfillment of all other provisions of this Act,

the services of the employees of all Venture Madrassa
Educational Institutions eligible under section 4 of this
Act, shall be deemed to have been provincialised on the
date of publication of the provincialisation order by
Notification in the Official Gazette and they shall become
employees of the State Government with effect from such
date.


(i) Teachers must have been working as a teaching
staff in the concerned Venture Madrassa Educational
Institution that have been fully recognized upto the last
and highest Class or as specified under section- 4 (IV),
(V) required for such institution by the State Madrassa
Education Board on or before 01.01.2006;

(ii) must have minimum educational and professional
qualification as laid down under different Act and
Rules mentioned under section 7. The teachers must
have passed in the Teacher Eligibility Test (TET)
conducted by the State Government.

(iii) must have rendered at least six years continuous
service as on 01.01.2017 from the date of joining in
the concerned Venture Madrassa Educational

Institution;

(iv) in case of Teacher/Tutor of the Senior Madrassa
and above the number of students appeared in the
concerned final examination as the case may, shall not
be less than 5 students in each of the respective subject
per year during last three years.

(1) With effect from the date of provincialisation of the

services of the employees of the Venture Madrassa
Educational Institutions under this Act, the land, building
and other assets of the concerned Madrassa educational
institution shall vest with the Government.

(2) In case of merger/or amalgamation of one educational

institution with other educational institution, the land,
building and other assets vacated by any such merged
educational institution shall be used by the Government
for other suitable purpose whatsoever.

9


**Employees to be**
**Government**
**Servants.**

**Land, building**
**etc. to vest with**
**the Government.**


5.

6.


(2) The employees to be provincialised under this Act,

-----

(1) The services of teachers in a Venture Madrassa

Educational Institution from the Pre Senior to MM level,
shall be considered for provincialisation in the post of
teachers or relevant teaching faculty in appropriate
nomenclature, as the case may be, subject to fulfilment of
the eligibility criteria relating to educational and
professional qualifications as laid down under the
following Acts, Rules and Regulations as applicable :
(a) The Right of Children to Free and Compulsory

Education Act, 2009 and its Rules;

(b) The National Council for Teachers Education Act,

1993 and its Regulations in force at the time of
provincialisation of services;

(c) The Assam Madrassa Education (Provincialised)

Service Rules, 2016;


(2) The services of a teaching employee in a Venture

Madrassa Educational Institution shall be considered for
provincialisation as teacher only if they have the requisite
academic and professional qualifications prescribed under
the relevant Acts, Rules or Regulations as mentioned in
sub-section (1) of this section which are applicable for the
time being in force, otherwise their services shall be
provincialized as tutor.

(1) The tutor must acquire the prescribed educational and

professional qualifications within a period of five years
from the date of publication of the order of
provincialisation of services of the teachers and or tutors
of the concerned Venture Educational Institutions in the
Official Gazette and after acquirement of required
qualification, they shall be upgraded to the post of teacher
in appropriate cadre.

(2) If such tutor fail to acquire such prescribed qualifications

within a period of five years from the date of publication
of the order of provincialisation in the Official Gazette,
their cases shall not be considered for up-gradation to the
post of teacher after the lapse of a period of five years
from the date of publication of provincialisation order in
the Official Gazette and they shall continue to function as
tutor as per same terms and conditions which were
applicable to them before provincialisation of the
concerned Venture Educational Institution.

10


**Educational and**
**Professional**
**qualification of**
**teachers.**

**Educational and**
**Professional**
**qualification of**
**tutor.**


7.

8.


Central Act
No. 35 of
2009.

Central Act
No.73 of
1993.


(d) The Teaching faculty must be TET qualified.


-----

(1) Subject to the provisions of this Act and the Rules made

hereunder all rules including service rules and rules of
conduct and discipline which are applicable to State
Government servant of corresponding ranks, shall be
applicable to all teachers of educational institution whose
services have been or are to be provincialised under the
provisions of this Act.

(2) The teachers whose services have been provincialised

under this Act shall get full scale of pay and such
emoluments as salary and allowances as per norms of the
State Government applicable to the employees of the
corresponding rank with effect from the date of
provincialisation of their services, as if they are fresh
appointees and they cannot claim any benefit whatsoever
in respect of past services rendered by them before
provincialisation and in respect of pension, they shall be
governed by the New Pension Scheme applicable to the
Stale Government teachers of the corresponding rank.

(3) For the tutors whose services are provincialised as tutors

under this Act, their scope of work and other condition of
service shall be notified by the concerned administrative
department separately. The emoluments for tutor shall be
paid at the rate as specified in the Schedule appended to
this Act subject to the condition that the enhanced
emoluments after 2(two) years as per schedule shall be
admissible in respect of a tutor on submission of a
satisfactory performance report by the head of the
concerned educational institution to the Drawing and
Disbursing Officer after completion institution to the
Drawing and Disbursing Officer after completion of
2(two) years service from the date of provincialisation. In
the event of subsequent acquirement of educational and
professional qualification by such tutors within 5 years
from the date of provincialisation of the services of
teachers in the concerned Venture Educational Institution,
they shall be eligible for upgrading their posts as teachers.
In the event of failure in acquiring required qualification
within five years from the date of provincialisation of the
Venture Educational Institutions, he shall continue as a
tutor only under the terms and conditions of service
including their salary and allowances as may be notified
by the Government under sub-section(4) of this section.

(4) The scope of work and other terms and conditions of

service of the tutors shall be notified by the concerned
administrative departments separately.

(5) The employees, who have completed sixty years of age as

on the date of coming into force of this Act, shall be
deemed to have retired with effect from that date and they
shall have no claim whatsoever from the State
Government as regards their pay, allowances and
retirement benefits for services already rendered by them

11


**Terms and**
**condition of**
**service.**


9.


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in such educational institutions before the date of
provincialisation.

(6) The employees provincialised under this Act shall hold

personal posts to be created for provincialisation of their
services. These posts shall be outside the cadre which
shall stand abolished on cessation of services by the
concerned teacher or tutor, as the case may be, due to
retirement, death, resignation or any other reason
whatsoever.

With effect from the date of publication of the Notification
under sub-section(1) of section 5, the administration,
management and control of all provincialised Madrassa
Educational Institutions coming within the purview of this Act
shall vest in the State Government.


**Management of**
**the Madrassa**
**Educational**
**Institution where**
**services of**
**employees of**
**Venture**
**Madrassa**
**Educational**
**Institutions are**
**provincialised.**

**Managing**
**Committee in**
**respect of**
**provincialised**
**Pre-Senior**
**Madrassa.**

**Managing**
**Committee**
**Governing Body**
**in respect of**
**other Madrassa**
**Educational**
**Institutions.**


10.


11. The constitution, composition, powers, functions and duties of
the Managing Committee in respect of Pre-Senior Madrassa
shall be governed by the provisions of the Right of Children to
Free and Compulsory Education Act, 2009 and the rules
framed thereunder.


Central Act
35 of 2009


12.


(1) The State Government or an officer authorized by the

State Government, by an order, constitute a Managing
Committee in respect of Senior Madrassa, Title Madrassa
and a Goveming Body in respect of a Arabic College for
managing the affairs of such Madrassa Educational
Institutions.

(2) The Governing Body and the Managing Committee, as

the case may be, of such institutions shall exercise such
powers and shall perform such functions as specified in
the relevant Acts and rules prescribed thereunder.

(3) The State Government or the Officer so authorized by the

State Government may, at any time, re-constitute the
Managing Committee or the Governing Body, as the case
may be, whenever it is considered necessary.

(4) The composition of the Managing Committee or the

Governing Body shall be such as may be prescribed by
the State Government.

12


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(5) Subject to overall control and supervision of the

Authority / Director, all teaching and non-teaching
employees and/or tutors whose services are or would be
provincialised, shall be accountable and remain subject to
the control of the Managing Committee or the Governing
Body, as the case may be.

(6) All teachers whose services have been provincialised

shall render their services under the control and
supervision of the Head of the institution and if so
required their services may be utilized in the lower
classes for smooth running of the concerned Educational
Institution.

(1) In appropriate cases, if there is already an existing

Madrassa Educational Institution nearby, and the
enrolment of the students does not justify more than one
institution in the same locality, or there are other
sufficient reasons so to do, the State Government, in the
public interest and for reasons to be recorded in writing
may, order merger or shifting of the institution from one
place to another, or may order amalgamation of two or
more existing institutions.

(2) In appropriate cases, if the State Government is of the

view that an existing Madrassa Educational Institution
need be expanded so as to have more classes, the State
Government may order expansion of an existing
Madrassa institution from Pre-Senior to Senior

(Intermediate Stage) or from Senior (Intermediate Stage)
to Senior (F.M.) Stage, or from Senior (F.M.) stage to
Arabic College or Title Madrassa.

(3) All employees whose services have been provincialised

under the provisions of this Act and who are working in
one of the Madrassa Educational Institution in respect of
which an order under sub-sections (l) and (2) above has
been passed, shall be liable to be transferred and posted in
any other provincialised Madrassa Educational Institution
in the same rank and grade.

(4) All teachers working on a higher grade in an institution in

respect of which an order under sub-section (2) has been
passed may be required to teach in the lower classes also.

(1) There shall be District Scrutiny Committees in each

district for Pre-senior Madrassa, Senior Madrassa, Title
Madrassa or Arabic College to scrutinize service records
and other related issues of the serving teachers and other
staff of Venture Madrassa Educational Institutions
pertaining to provincialisation of their services.

13


**Amalgamation/**
**Merger and**
**shifting or**
**expansion of**
**Madrassa**
**Educational**
**Institution.**

**District Scrutiny**
**Committee and**
**State Level**
**Scrutiny**
**Committee.**


13.

14.


-----

(2) The Deputy Commissioner of the District, by an order,

shall constitute the District Scrutiny Committee for the
respective district under preceding sub-section:

Provided that in case of newly created districts, the
Deputy Commissioner of the erstwhile district with the
help of Deputy Commissioner of the newly created
district shall scrutinize all cases of entire erstwhile
district.

(3) The District Scrutiny Committee shall be constituted with

the following members, namely:
(i) The Deputy Commissioner or his nominee not below

the rank of Additional Deputy Commissioner of the
concerned district ....Chairman;

(ii) The Inspector of Schools of the concerned district ....

Member-Secretary;


(iii) District Elementary Education Officer;

...... Member;

(iv) One nominee of the Deputy Commissioner of newly

created district if the institution falls within the
jurisdiction of newly created district; ...... Member;

(v) One Principal of Arabic College or Title Madrassa

situated within the district to be nominated by the
Inspector of Schools---Member;

(vi) One eminent person in the field of education who is

an ordinary resident within the district to be
nominated by the Deputy Commissioner----Member.

(vii) One retired Principal/Superintendent of a Venture

Madrassa Educational Institution situated within the
district to be nominated by the Inspector of Schools --Member.

(4) The District Scrutiny Committee shall first scrutinize and

prepare a list of all Venture Madrassa Educational
Institutions within the district, which are eligible in terms
of the provisions of this Act and shall thereafter proceed
to scrutinize and verify the service records of all the
serving teachers, who are eligible or would become
eligible for being considered for provincialisation of their
services. The District Scrutiny Committee shall identify a
Base Madrassa for each category of Madrassa and
recommend the name of teacher/ tutor to be associated
against each Base Madrassa.

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(5) The District Scrutiny Committee shall forward the

verified list of eligible teachers Base Madrassa-wise in
accordance with this Act, to the concerned Director who
shall place the matter before the State Level Scrutiny
Committee to be constituted under sub-section (8) of this
section and after making such further scrutiny as may be
required, shall forward the same to the concerned
Department of the State Government for consideration
and for issuing Notification in respect of the eligible
institutions and teachers eligible for getting their services
provincialised.

(6) The District Scrutiny Committee shall have the powers to

inspect physical existence of Madrassa /or Arabic College
and to inspect all documents and records produced before
it and call for such further records and documents as may
be required for the purpose of causing verification and
scrutiny and examine witnesses for the purpose, if
considered necessary and while doing so it shall have the
powers of a Civil Court for the purpose of compelling
attendance of persons and production of documents.

(7) The State Government may, for reasons to be recorded in

writing, by an order re-constitute the District Scrutiny
Committee or may change in its composition, if the
circumstances so warrant, from time to time.

(8) There shall be one State Level Scrutiny Committee at

State level for verification of recommendation received
from the District Scrutiny Committees with the following
member. namely:
(i) Director of the concerned Department of Education
..........Chairman.


(ii) Deputy Director of Madrassa Education -.........

Member Secretary.


(iii) One representative nominated by the concerned

Administrative Department- .......Member.

(9) The State Level Scrutiny Committee shall have to cause

physical verification of all institution and will also inspect
all documents and records produced before it and call for
such other records and documents as may be required for
the purpose of causing verification.

(10) When there arises difference in between the

recommendation of the District Scrutiny Committee and
the Physical verification report caused by the State Level
Scrutiny Committee, the matter shall be placed before the
State Level Scrutiny Committee and the decision of the
State Level Scrutiny Committee shall be final.

15


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**Explanation** (1) For the purposes of this section,the
Deputy Commissioner in relation to Districts included in
the areas covered under the Sixth Schedule of the
Constitution of India shall mean the Principal Secretary of
the respective council.

(2) In case of autonomous Council, one additional
member like Director of Education, BodoLand Territorial
Council (BTC) or Officer of the Education Department of
the Bodoland Territorial Council shall be nominated by
the Council.

**Appellate** 15. The State Level Scrutiny Committee shall be the appellate
**Authority.** authority against any recommendation of the District Scrutiny
Committee and the State Government in the concerned
administrative department shall be the Appellate Authority
against any recommendation of the State Level Scrutiny
Committee.


Assam Act
No. IV of
2007.

Central Act
No.35 of
2009.

Central
Act.No.2 of
1974


(1) The services of teachers of the Venture Madrassa

Educational Institutions which have not received
recognition and permission etc. from the State Madrassa
Education Board or authority as declared by the State
Government on or after 1-1-2006, shall not be
provincialised and no such educational institution shall be
allowed to remain functional unless it has obtained,
(i) permission under the provisions of the Assam

Non-Government Educational Institutions

(Regulation and Management) Act, 2006, in case
of all other educational institutions; and

(ii) certificate of recognition from the authority

notified under the provisions of section 18 of the
Right of Children to Free and Compulsory
Education Act, 2009.

(2) All such Venture Madrassa Educational Institutions,

which have obtained the required permission and
recognition as the case may be, shall be allowed to
function as purely Private or Non- Government
Educational Institution.

(1) Whoever provides misleading, incorrect or false

information to and suppresses materials information from
or abets the providing or suppression of such information
to the District Scrutiny Committee or to any other
authority under this Act shall commit an offence under
this Act which shall be punishable with imprisonment for
a term which may extend to two years.


**Madrassa**
**Educational**
**Institutions not**
**provincialised to**
**function as**
**Private/Non-**
**Government**
**Institutions.**


16.


**Offences and** 17.
**Penalties.**


**Offences to be**
**cognizable and**
**Non-bailable.**


18. Offences committed under this Act shall be cognizable and
non- bailable under the provisions of the Code of Criminal
Procedure, 1973.

16


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**Trial of cases.** 19.

**Suits and** 20.
**Proceedings.**


Central
Act.No.2 of
1974


(1) Offences under section 17 shall be triable by a Judicial

Magistrate of the Competent Jurisdiction under the Code
of Criminal Procedure, 1973.

(2) Cases under this section shall be tried summarily under

the Code of Criminal Procedure, 1973.

(1) No suit, prosecution or other legal proceeding shall lie for

anything in good faith done under this Act, except with
previous sanction of the State Government.

(2) To adjudicate the disputes for redressal of grievances

relating to the employees of the Non-Government
Madrassa Educational Institution as well as disputes
concerning disciplinary action, genuineness of

establishment of Madrassa institution and claim for
provincialisation in respect of teaching and non-teaching
staff of Venture Madrassa Educational Institution, there
shall be an Educational Tribunal for each District within
the respective Territorial Jurisdiction. The District and
Sessions Judges and the Additional District and Session
Judges of each District shall be designated as Educational
Tribunal.

(1) If any difficulty arises in interpretation of any provisions

of this Act, interpretation of the State Government shall
be final.

(2) If any difficulty arises in giving effect to the provisions of

this Act, the State Government may, by order do anything
not inconsistent with the provisions of this Act which
appear to be necessary or expedient for the purpose of
removing the difficulty.

(1) For the purpose of provincialisation of services of the

teachers and tutors under this Act, the Government shall
create and sanction such number of ex-cadre posts which
shall be personal to the incumbents. These personal posts
shall stand abolished on cessation of the services of the
teacher for reason whatsoever including retirement,
resignation, death etc. Since these are personal as well as
ex-cadre posts. The present cadre strength of the
concerned services shall not be impacted in any way due
to creation of these posts.

(2) The Administrative Department may retain the posts of

any Madrassa Educational Institution provincialised
under this Act, after cessation of the services of the
teachers which may be deemed to be necessary to run the
Institution.

17


**Power of**
**interpretation**
**and removal of**
**difficulties.**

**Creation of**
**Personal post**
**and maintenance**
**of reservation**
**Policy.**


21.

22.


-----

**Power to make** 23.
**rules.**


(3) The posts so retained as per sub-section (2), shall be en
cadred in appropriate cadre and shall continue as
permanent posts.

(4) While making retention of posts under sub-section (2) and

in creating additional posts as may be required under this
Act, the prescribed percentage of reservation for
Scheduled Castes and Scheduled Tribes and other
reservation categories, as applicable under the relevant
Act and rules, shall be maintained.

(1) The State Government may, by notification published in

the Official Gazette, make rules for carrying out the
provisions of this Act.

(2) Without prejudice to the generality of the foregoing

provisions, such rules may provide for all or any of the
following matters, namely:
(i) prescribing service conditions and specifying the

duties and responsibilities of all employees whose
services have been provincialised under this Act;

(ii) preparation and maintenance of service records of

the employees whose services have been

provincialised;

(iii) for management of the Madrassa Educational

Institution;


(iv) specifying the powers, functions, duties and

responsibility of the Managing Committee or the
Governing Body of the Madrassa Educational
Institutions, as the case may be.

(v) prescribing the scope of work, emoluments and

remuneration and other terms and conditions of
services of tutors provincialised under this Act.

(3) All rules made by the State Government under this Act

shall, as soon as may be after they are made, be laid
before the Assam Legislative Assembly while it is in
session, for a total period of not less than fourteen days
which may be comprised in one session or two or more
successive sessions and shall, unless some later date is
appointed, take effect from the date of their publication in
the Official Gazette subject to such modifications or
annulments as the Legislative Assembly may, during the
said period agree to make, so however, that any such
modification or annulment shall be without prejudice to
the validity of anything previously done thereunder.

18


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Assam Act
No.III of
2012.
Assam Act
No.XII of
2013.
Assam Act
No.VII of
2014.


The Assam Venture Madrassa Educational

Institutions (Provincialisation of Services) Act, 2011 as
amended vide the Assam Venture Madrassa Educational
Institutions (Provincialisation of Services)

(Amendment) Act. 2013 and the Assam Venture Madrassa
Educational Institutions (Provincialisation of Services)

(Amendment) Act, 2014 and all rules, orders, notification
issued thereunder, shall stand repealed. However,all

employees whose services were provincialised prior to coming
into force of this Act shall continue and their cases would be
governed by the Assam Madrassa Education

(provincialisation) Act, 1995 and Assam Madrassa Education
(provincialisation) Service Rules, 2016.


**Repeal and**
**Savings.**


24.


**Schedule**



**[See section 9(3)]**


Fixed Salary admissible to a tutor

|Category of Institution|Category of staff|Fixed salary for 1st to 2ndyear. (in Rs.)|Fixed saraly for 3rd to 5th year. (in Rs.)|
|---|---|---|---|
|Arabic College: (From Pre-Senior Section to M.M. Level containing 3+3+3+2 = 11 classes)|Principal|20700|23000|
||Lecturer|16200|18000|
||M.M. (Post Graduate Assistant Teacher)|16200|18000|
||F.M. (Graduate Assistant Teacher)|12600|14000|
||Arts (Graduate Assistant Teacher)|12600|14000|
||Science (Graduate Assistant Teacher)|12600|14000|
||Hindi language teacher (Graduate Assistant Teacher)|12600|14000|
||Intermediate Assistant Teacher (General)|10800|12000|
||Intermediate and Hafiz (Assistant Teacher)|10800|12000|
||Superintendent|16200|18000|
||M.M. (Post Graduate Assistant Teacher)|16200|18000|
||F.M. (Graduate Assistant Teacher)|12600|14000|
||Arts (Graduate Assistant Teacher)|12600|14000|


19


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|Senior Madrassa: (From Pre-Senior Section to F.M. Level containing 3+3+3 = 9 classes)|Science (Graduate Assistant Teacher)|12600|14000|
|---|---|---|---|
||Hindi language teacher (Graduate Assistant Teacher)|12600|14000|
||Assamese language teacher (Senior Grade) (Only for Barak Valley)|12600|14000|
||Intermediate Assistant Teacher (General)|10800|12000|
||Intermediate and Hafiz (Assistant Teacher)|10800|12000|
|Pre-Senior Madrassa (Upper Primary Section) (3 classes)|Head Mudaris|10800|12000|
||F.M. (Assistant Teacher)|10600|11800|
||Higher Secondary (Assistant Teacher)|10800|12000|
||Graduate/Intermediate Teacher (Science & Mathematics|11700|13000|
||Hindi Teacher (Junior Grade)|10800|12000|
||Assamese language teacher (Junior Grade) (Only for Barak Valley)|10800|12000|
||Intermediate and Hafiz (Assistant Teacher)|10600|11800|


**S. M. BUZAR BARUAH,**
Commissioner & Secretary to the Government of Assam,
Legislative Department, Dispur, Guwahati-6.

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