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Notification-16-05-2018-2.Pdf "tftEtqr{ - rvu /tr Registered No.-768l97 rstEqlra THEASSAM GAZETTE wqtTr<"t EXTRAORDINARY figo.Eq<qme|Ttfts PTIBLISHED BY THE AUTHORITY {(256 ftt6, \!EF(R, 18 (r[" 2019, 28<tt?t, 1940eriF) No.256 Dispur, Friday, 18th May, 2018, 28thVaisakha,1940 (S.E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATTVE DEPARTMENT ::: LEGISLATME BRANCH :: DISPUR The 16th May,2018 No. LGL.2l5l20l7l9.- The following Act of the Assam Legislative Assembly which received the assent of the Governor on 9th May, 2018 is hereby published for general information. ASSAM ACT NO. XYI OF 2018 (Received the assent of the Governor on 9th May, 2018) THE ASSAM MADRASSA EDUCATTON (PROVTNCTALISATTON OF SERyTCES OF EMPLOYEES AND RE.ORGANTSATION OF MADRASSA EDUCATIONAL INSTITUTIONS) ACT, 2018i 2158 THE ASSAM GAZETTE, EXTRAORDNARY MAY I g, 201 8 Arl ACT to prcvincialisc the scrvies of the employecs of the Venture Madrassa &hrcatioral Instihtions ard also to r+orgEnin uf, strramline the Madrassa Educationat Institutions upto MM level in thcological subjects in thc Suac of Assarn. Prcamble Whercas it is errpodient to pmvincialise the scrvices of the employec of the Ventrrrc Madrassa Educational Institutious aod to re-organize and slreamline the lvladrassa Educational lrstitutions upto MM level in Assam so as to mnfom to $e prewiling statutory nonns urd standards with a firther objective to rcstrict any further gowth of such Venture Ivtadrassa Educational Irxtitutions inthe State of Assam; It is hereby enacted in ttre $ixty-ninth Year of tbe Republic of India as follows:- Short titlc, l. (l) This Act may be called the Assam Madrassa Education extent and (Provincialisation of Services of Employecs alrd Re-Organization comrnencernent of Madrassa Educational Institutions) Aet 2018. QJ It extends to the whole State of Assam. (3) It shall oome into forcc on such date as the State GovErnment may, by notification in the Ollicial Gazette, appoint and different dates may be appointed for different provisions of the AE't, or for differcnt category of Madrassa Eduoational Institutions. Application 2. The Act shall not apply to aoy Madrassa Educational Institution or Arabic College esablished or claiming protection under Article 30 of the Constitution of India Definitions 3. In rhis Aot, unlss the eontext otherwise rcquireg- (a)*Basc Madrassd' means either an existing provincialiscd or a Venturr Madrassa Educational tnstitution identified for th€ purpose ofprovincialisation of services of employee; (b)'Inspector of Schools" means thc Inspector of School in ttre concemed District unless the contc:il otherwise rcquirea, it -SF THE AS SAM G AZETTE, EXTRAORDINARY, MAY 18,2018 2159 includes an Assistant Inspector of SchooJs'of thc same District Prcvided that in cas of newly creatcd disfiicts, the conscmcd disuict d,rall mean the e,rctwhile district until thc Inspector of Schools of the newly creatod district is appoind; . (c)'Disuict Elcnrcntary Edrrcation Officct'' maani thc Digtriet Elcmentary Edrrcation Officcr of thc concerned Disrict; hovided that in case of rcnly created disuicts' the aonscmcd distict shall mear lhe c,mtwhile district uutil ttIE District Elaneatary &lucation Officer of the ne$,ly st'eiled disfict is appointed; *Deputy (d) Inspector of Schools" means the Deputy Inspector of Schools in the concemed Suhdivision; (e) *Dis0ict Scrutiny Coramittec" rncans &c District Scrutiny Committee con*ituted under scction 14 for eactr Disfict to rpcorunend names of Venttue N,Iadrassa Educational Institutions along with the nam€s of teachcrs and tutors whos services are considcred eligible for provincialisation urder this Act; (0 *DISE Code" mems District Information Sysem for Etlucation Code preparcd by the Sarba Sikhsa Abhijao Asam and as avaitable in thc records of thc Natioflal University of Ertucational Planning and Adrninistratioa, New Delhi. It irreludes Unified District Information Systcur (UDISE); *employec" (g) means ad fuphdcs all scrvhg teaching faculty of Ventu€ MadrasBa Educational Institutions who have besn appointed and joined in the concenred Vcnture ldadrassa Rlucational Institution bcfore the t$ day of January, 20ll ard u&ose services are being or would be provinoialiscd undsr tbis Asq (h)'F.M. (Fadilul Ma'rif)" means a cotrse of instnrction rwognized by thc Starc Madrassa Education Board, Assam in Islamic education in respect of theological subjocts which is equivalcnt to a theological Degrc Couree at graduate level and in rcspect of geueral subjects equivalent to HSLC for the purpose of availing gencral educuion; 2t60 THEASSAM GAZETTE, EXTRAORDINARY MAY I 8,2018 (i)"M,M (Mwnhzul-Muhaddithin)" trreans a oounr of instnrction tocognired by the Statc Madrassa &lucation Board, Assam in Islamic education upto Post-Crraduatc levol in theological subjects; 6)*Governing Body" means the Governing Body of an Arabie College or a Title }vladrassa approved by the appropriate authority as notified by tlre State Government for carrying orrt the maoagement of the College or the Title Madrassa, as the caw may be; (k)'tvlanaging Committee" means the Managing Committec Ccnual constituted under rhe provisions of the Right of Children to Free Ast No 35 and Compulsory Education Act, 2009 or the ruIes made tlrere of2009. under in the cass of a Pre-Senior Madrmsa and in case of Senior Madrassa, the Mauging Cornmittee apprcved by thc appropriato authority as notiffpd by the State Governmcnt for carrying out tlre mamgcrlent of the concemed ducational institution; (l)*Madrassa Rlucation" means a system of special education in wtrich inshrction is impartcd in Arabic, Urdu, Penian, aura& Tafsir, lladrth, Fiqh, Usnrl, Aquai4 Mantique, Hiqmat BrlapL Islamic History alongrvith sarrne or all general subjects like Modern Indian Languagc, English, Hindi, Mathematics, General Scicnce, Social Sciemc, Cornprrter, Technical and Vocational education upto Secondary Scbool terreli the syllabrus, ouriculum and examination for which arc regulated by thc Madrasse Education Board, Assam, upto the level of Fadilul-Ma'rif (F.M.) and Mumtae-ul-Muhaddiihin (M.M); (mf'Madrassa Educational Institutiod' means Vcnture Madrassa *Iucationat Institutions such as Prt-Scnior f{adrassa, Seniot IdadrassE, Title tv{adrassa and Arabic College $/hish have been established by the people of the locatity on or before 1.1.2006 and ur&ich has received permission'ard recognition from the Statc Madnssa E&rcation Boar4 Assmt on or bdorc 1.I.2006 atd uilrereof the scrvice of the tcm,hem have not bcen povinsialised THEASSAM GAZETTE, EXTRAORDDTARY MAY 18, 2018 2t6t underany Act enastd by thc State Legislanrc so far; (n)'lvladrassa Tcachers" rueans F.M., M.M., Intcrmodiatc and IIafiz and also includes Languagp Tcachen, Graduate Teachcrs/krtermodiatc Tcachcrc, Lecturers, Head Mudaris, Superinturdent, Priacipal and any person of the Teaching faculty working in the Ventura Madrassa Educational lnstitutions having tquired Erlucdioml quatificatioqs aod Tm grnlificd, wlrorc services are provincialired undcr this Act in the post of Madrassa Tsaohcrs or any other post in the Teachiag faculty, but rrct as hrtor under this Act; *Newly (o) ueated district- means disuict created by the Stale Crovernment by Notification in the Ofiicial Gazettc on or after 0r.01.2013; (pl"rovilpialisation" means taking over the liabilities for pa)ryHt of salaries including dearns allowance, medical allonmnccs and such other allswances to the Madrassa Tcachers or h$ors as admissible to the Govemmmt S€niant of similar catcgory and graatrity, persiol" leave encashment ctc. as admissible undcr the existing rulc to the Croveramcnt Scrrrants of the similar category of the State of Assam; (q)*kovincialised Madmssa" or'hovincialis€d Arabic Collegd' trEars ao existing pmvineialised madrassa or a Venturc Maeassa Edrrcational Institution whsrein thc ssrvices of ornployees arc provincialised under this Act; ({*State Govemment" means the State Governrnent of Assam in thc cmoerned Erfuetion Oepafrpnt i.e. Secondary Education DeparfiBcilt; *$tate (s) Level Scnrtiny Corunitree' means the State Level scnrtiny commitrce constituted under section Ia(8) of this Act to cause physical verification of the institutions as recommended by thc District scrutiny comErisec for final recommendation in ttre matter of povincialisation; ..State ($*StaE Madrassa Blucation Board" means the Madrassa Education Board, Assam constituted under the proyisions of the 2t62 THEASSAM GAZETTE, EXTRAORDINARY, MAY 18,2018 Assam Education negarmcnt Rulss and Order; (u)'Tuor" means FM, M.M., Intcrmcdiae and tlafiz and dso includes Languagc Tcachers, eradutte Tcachers/Intermdiate Teachers, Lecturers, Head Mudaris, Supqiatondent, Princrpal working as tcaching faculty in the Venturc Madrassa Educatioml Instifirtions urto arc not eligible for provincialisation of their services as Madrassa Tcachers under this Act due to Iack of edrrcational qualification However, their services are provincialised as tutor with separate terms and conditions of scrvice to be notified by the compctent administrative Departurent: Provided thst a tutor strall not be eligible to hold ths post of Head Mudarit, $uperintendent, Principal as the casc may be, in a Madrassa education under this Act; (v)*Vennre Arabic College" means a Ve,lrture Arabic Collcge importing Istamic duc*ion upo F.MJGadiIul.IvIa'rif) atrd upto M.M. (Mumtaztrl-Multaddithin) level for Islamic education which has becn eshblishe.d by the people of the locality on or beforc 1.1.2006 and wtrich has received the tequircd permisuion ard rrcogrition from the Sute Madrassa
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