Assam Madrassa Education (Provincialisation of Services of Employees and Re-Organization of Madrassa Educational Institutions) Act, 2018

{
    "id": 13614,
    "slug": "assam-madrassa-education-provincialisation-of-services-of-employees-and-re-organization-of-madrassa-educational-institutions-act-2018",
    "title": "Assam Madrassa Education (Provincialisation of Services of Employees and Re-Organization of Madrassa Educational Institutions) Act, 2018",
    "short_title": "Assam Madrassa Education (Provincialisation of Services of Employees and Re-Organization of Madrassa Educational Institutions) Act, 2018",
    "act_number": "(Assam Act No. 26 of 2018)",
    "act_year": 2018,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "Assam Madrassa Education (Provincialisation of Services of Employees and Re-Organization of Madrassa Educational Institutions) Act, 2018",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Application.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Definitions.",
            "chapter": null,
            "content": "(a) \"Base Madrassa\" means either an existing provincialised or a Venture Madrassa Educational Institution identified for the purpose of provincialisation of services of employee;\n(b) \"Inspector of Schools\" means the Inspector of Schools in the concerned District unless the context otherwise requires, it includes an Assistant Inspector of Schools of the same District:\n(c) \"District Elementary Education Officer\" means the District Elementary Education Officer of the concerned District:\n(d) \"Deputy Inspector of Schools\" means the Deputy Inspector of Schools in the concerned Sub-division;\n(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;\n(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);\n(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;\n(h) \"F.M. (Fadilul Marif)\" 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;\n(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;\n(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 may be;\n(k) \"Managing Committee\" means the Managing Committee constituted under the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No 35 of 2009) or the rules made thereunder 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;\n(l) \"Madrassa Education\" means a system of special education in which instruction is imparted in Arabic, Urdu, Persian, Quran, Tafsir, Hadith, Fiqh, Usui, Aquaid, Mantique, Hiqmat, Balagat, Islamic History alongwith same or all general subjects like Modem 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-Marif (F.M.) and Mumtaz-ul-Muhaddithin (M.M.);\n(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(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;\n(o) \"Newly created district\" means district created by the State Government by Notification in the Official Gazette on or after 1.1.2013;\n(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;\n(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;\n(r) \"State Government\" means the State Government of Assam in the concerned Education Department, i.e., Secondary Education Department;\n(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;\n(t) \"State Madrassa Education Board\" means the \"State Madrassa Education Board , Assam constituted under the provisions of the Assam Education Department Rules and Order;\n(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:\n(v) \"Venture Arabic College\" means a Venture Arabic College imparting Islamic education upto F.M.(Fadilul-Marif) 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,\n(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;\n(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 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,\n(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.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Eligibility criteria for selection of Venture Madrassa Educational Institution for provincialisation of services of its employees.",
            "chapter": null,
            "content": "(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 :\n(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 (Central Act No. 35 of 2009) and Rules framed thereunder; 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 (Assam Act No. IV of 2007) and Rules framed thereunder,\n(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 1.1.2006 and any lease or rent or donor agreement executed at any point of time, shall not be considered in any manner, for this purpose :\n(iv) Venture Madrassa Educational Institution shall have a minimum total enrolment of 30 students in a Pre-Senior Madrassa/pre-senior section of a Senior Madrassa, (from Class Pre-Senior 1st year to Pre-Senior 3rd 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;\n(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;\n(vi) In addition to the provision under clause (v) above, at least 25 students in case of core subjects and at least 5 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. At least 15 students in each core subject and at least 5 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 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;\n(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 Madrassa in Barak Valley and there must be one Science teacher or tutor to teach Science and Mathematics subject.\n(viii) In case of Senior Madrassa there must be one teacher or tutor to each core subject, i.e., Mathematics, Science, English, MIL and Sodal Sciences:\n(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.\n(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 :",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Employees to be Government Servants.",
            "chapter": null,
            "content": "(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 1.1.2006;\n(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;\n(iii) must have rendered at least six years continuous service as on 1.1.2017 from the date of joining in the concerned Venture Madrassa Educational Institution;\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Land, building, etc., to vest with the Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Educational and professional qualification of teachers.",
            "chapter": null,
            "content": "(a) The Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009) and its Rules;\n(b) The National Council for Teachers Education Act, 1993 (Central Act No. 73 of 1993) and its Regulations in force at the time of provincialisation of services;\n(c) The Assam Madrassa Education (Provincialised) Service Rules, 2016;\n(d) The Teaching faculty must be TET qualified.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Educational and Professional qualification of tutor.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Terms and conditions of service.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Management of the Madrassa Educational Institution where services of employees of Venture Madrassa Educational Institutions are provincialised.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Managing Committee in respect of provincialised, Pre-senior Madrassa.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Managing Committee/Governing Body in respect of other Madrassa Educational Institutions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Amalgamation/Merger and shifting or expansion of Madrassa Educational Institution.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. District Scrutiny Committee and State Level Scrutiny Committee.",
            "chapter": null,
            "content": "(i) The Deputy Commissioner or his nominee not below the rank of Additional Deputy Commissioner of the concerned district -Chairman;\n(ii) The Inspector of Schools of the concerned district - Member-Secretary;\n(iii) District Elementary Education Officer - Member;\n(iv) One nominee of the Deputy Commissioner of newly created district if the institution fells within the jurisdiction of newly created district - Member;\n(v) One Principal of Arabic College or Title Madrassa situated within the district to be nominated by the Inspector of Schools - Member;\n(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;\n(vii) One retired Principal/Superintendent of a Venture Madrassa Educational Institution situated within the district to be nominated by the Inspector of Schools - Member.\n(i) Director of the concerned Department of Education - Chairman.\n(ii) Deputy Director of Madrassa Education - Member-Secretary.\n(iii) One representative nominated by the concerned Administrative Department - Member.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Appellate Authority.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Madrassa Educational Institutions not provincialised to function as private/non-Government Institutions.",
            "chapter": null,
            "content": "(i) permission under the provisions of the Assam Non- Government Educational Institutions (Regulation and Management) Act, 2006 (Assam Act No. IV of2007), in case of all other educational institutions; and\n(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 (Central Act No. 35 of 2009).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Offences and penalties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Offences to be cognizable and non-bailable.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Trial of cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Suits and proceedings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Power of interpretation and removal of difficulties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": true,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Creation of Personal post and maintenance of reservation policy.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Power to make rules.",
            "chapter": null,
            "content": "(i) prescribing service conditions and specifying the duties and responsibilities of all employees whose services have been provincialised under this Act;\n(ii) preparation and maintenance of service records of the employees whose services have been provincialised;\n(iii) for management of the Madrassa Educational Institution;\n(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.\n(v) prescribing the scope of work, emoluments and remuneration and other terms and conditions of services of tutors provincialised under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Repeal and savings.",
            "chapter": null,
            "content": "Schedule\n[ See section 9(3)]\nFixed salary admissible to a tutor\nFixed salary admissible to a tutor\nCategory of Institution\nCategory of Institution\nCategory of Staff\nCategory of Staff\nFixed salary for 1st to 2nd year, (in Rs.)\nFixed salary for 1st to 2nd year, (in Rs.)\nFixed salary for 3rd to 5th year, (in Rs.)\nFixed salary for 3rd to 5th year, (in Rs.)\nArabic College :\nPrincipal\n20700\n23000\n(From Pre-Senior Section to MM. Level containing\n\t\t\t\t3+3+3+2=11 classes)\nLecturer\n16200\n18000\nM. M. (Post Graduate Assistant Teacher)\n16200\n18000\nF. M. (Graduate Assistant Teacher)\n12600\n14000\nArts (Graduate Assistant Teacher)\n12600\n14000\nScience (Graduate Assistant Teacher)\n12600\n14000\nHindi language teacher (Graduate Assistant\n\t\t\t\tTeacher)\n12600\n14000\nIntermediate Assistant Teacher (General)\n10800\n12000\nIntermediate and Hafiz (Assistant Teacher)\n10800\n12000\nSenior Madrassa (From Pre-Senior Section to F.M.\n\t\t\t\tLevel containing 3 + 3 + 3 = 9 classes)\nSuperintendent\n16200\n18000\nM. M. (Post Graduate Assistant Teacher)\n16200\n18000\nF. M. (Graduate Assistant Teacher)\n12600\n14000\nArts Graduate (Assistant Teacher)\n12600\n14000\nScience Graduate (Assistant Teacher)\n12600\n14000\nHindi Language teacher (Graduate Assistant\n\t\t\t\tTeacher)\n12600\n14000\nAssamese language teacher (Senior Grade) (Only\n\t\t\t\tfor Barak Valley)\n12600\n14000\nIntermediate Assistant Teacher (General)\n10800\n12000\nIntermediate and Hafiz (Assistant Teacher)\n10800\n12000\nPre-Senior Madrassa (Upper Primary Section) (3\n\t\t\t\tclasses)\nHead Mudaris\n10800\n12000\nF. M. Assistant Teacher)\n10600\n11800\nHigher Secondary (Assistant Teacher)\n10800\n12000\nGraduate/Intermediate Teacher (Science &\n\t\t\t\tMathematics)\n11700\n13000\nHindi Teacher (Junior Grade)\n10800\n12000\nAssamese language Teacher (Jr. Grade) (Only for\n\t\t\t\tbarak Valley)\n10800\n12000",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        }
    ],
    "metadata": {
        "Act ID": "Last Updated 12th February, 2020 [ass311]",
        "Act Number": "(Assam Act No. 26 of 2018)",
        "Enactment Date": "",
        "Act Year": "2018",
        "Short Title": "Assam Madrassa Education (Provincialisation of Services of Employees and Re-Organization of Madrassa Educational Institutions) Act, 2018",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:55:18"
}