Assam Venture Madrassa Educational Institutions (Provincialisation of Services) Act, 2011
No: 3 Dated: Jan, 21 2012
THE ASSAM VENTURE MADRASSA EDUCATIONAL INSTITUTIONS (PROVINCIALISATION OF SERVICES) ACT, 2011
ASSAM ACT NO. Ill OF 2012
An Act to provincialise the services of the employees of the Venture Madrassa Education Institutions in the State of Assam and to restrict further establishment of such Educational Institutions in the State
Preamble. - Whereas it is expedient to provincialise the services of employees of Venture Madrassa Educational Institutions in the State of Assam and to restrict further establishment of such educational institutions in the State;
It is hereby enacted in the Sixty-second Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Assam Venture Madrassa Educational Institutions (Provincialisation of Services) Act, 2011
(2) It extends to the whole of Assam
(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.
2. Application. - 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.
3. Definitions. - In this Acr, unless the context otherwise requies,-
(a) "Deputy Director of Madrassa Education" means the Deputy Director of Madrassa Education and includes Assistant Director of Madrassa Education,
(b) "Director of Madrassa Education" means Director of Madrassa Education, Assam and includes Deputy Director, Additional Director or Assistant Director of Madrassa Eduction, Assam;
(c) "District Elementary Education Officer" means the District Elementary Education Officer of the concerned District;
(d) "District Scrutiny Committee" means the District Scrutiny Committee constituted under section 11 of this Act for each District to recommend names of Venture Madrass Education Institutions which are considered eligible for provincilisation of the services of the employees serving therein;
(e) "employee" means and includes all serving employees, both teaching and non-teaching, of Venture Madrassa Educational Institutions, who have been appointed by the Governing Body/Managing Committee of the concerned Venture madrassa Educational Institution before first day of January, 2011 and whose services are provincialised or would be considered for being provincialised under this Act;
(f) "Governing Body" means the Governing Body of an Arabic College or 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;
(g) "Inspector of Schools" means the Inspector of School in the concerned District and unless the context otherwise requires, it includes and Assistant Inspector of Schools of the same District;
(h) "Madrassa Education" means a system of special education in whihc instruction is imparted in Arabic, Urdu, Persian, Quran, Tafsir, Hadith, Fiqh, Usul, Aquaid, Mantique, Hiqmat, Balagat, Islamic History alongwith same or all general subjects like Modern Indian Language, Science, Social Science, Computer Technical and Vocational education upto Secondary School level; the syllabi, curriculum and examination for which are regulated by the State Madrassa Education Board, Assam upto the level of Fadilul-Ma'rif (F.M) and Mumtaz-ul-Muhaddithin (M.M.);
(i) "Madrassa Educational Institutions" 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 locally before 1.1.2006 and which have received permission and recognition from the State Madrassa Education Board, Assam before 1.1.2006 and not provinvialised under any Act enacted by the State Legislature so far;
(j) "Managing Committee" means the Managing Committee approved by the appropriate authority as notified by the State Government for carrying out the management of the concerned Madrassa Educational Institutions;
(k) "Provincialised Madrassa Educational Institution" or "Provincialised Arabic College" means a Venture Madrassa Educational Institution wherein the services of employees are provincilised or would be considered to be provincilised under this Act;
(l) "State Government" means the State Government of Assam in the Education (Secondary) Department;
(m) "State Madrassa Education Board" means the State Madrassa Education Board, Assam constituted under the provisions of the Assam Education Department Rules and Orders:
(n) "Venture Arabic College" means a Venture Arabic College imparting Islamic-cum-General education upto F.M. (Fadilul-ma'rif) and upto M.M. (Mumtazul-Muhaddithin) level for Islamic education which has been established by the people of the locality prior to 1.1.2006 and which has also received permission and recognition from the State Madrassa Education Board before 1.1.2006 and not provincialised under any of the Act enacted by the State Legislature so far;
(o) "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 prior to 1.1.2006 and which has also received permission and recognition from the State Madrassa Education Board before 1.1.2006 and not provincialised under any of the Act enacted by the State Legislature so far;
(p) "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 the locality prior to 1.1.2006 and which has also received permission and recognition from the State Madrassa Education Board before 1.1.2006 and not provincialised under any of the Act enacted by the State Legislature so far;
(q) "Venture Title Madrassa" means a Venture Title Madrassa imparting Islamic education upto M.M. (Mumtazul-Muhaddithin) which has been established by the people of the locality prior to 1.1.2006 and which has also received permission and recognition from the State Madrassa Education Board before 1.1.2006 and not pronincialised under any of the Act enacted by the State Legislature so far;
(r) "F.M. (Fadilul-Ma'rif)" means a course of instruction in Islamic education in theological subjects which is equivalent to a Degree Course at graduate level and equivalent to HSLC in General Education;
(s) "M.M. (Mumtazul-Muhaddithin)" means a course of instruction in Islamic education upto Post-Graduate level in theological subjects;
(t) "prescribed" means prescribed by rules made under this Act.