West Bengal Board of Madrasah Education Act, 1994
No: 39 Dated: Aug, 08 1994
THE WEST BENGAL BOARD OF MADRASAH EDUCATION ACT, 1994
West Bengal Act XXXIX of 1994
An Act to establish a Board of Madrasah Education in West Bengal and to provide for matters connected therewith or incidental thereto.
Whereas it is expedient to establish a Board of Madrasah Education in West Bengal and to provide for matters connected therewith or incidental thereto;
It is hereby enacted as follows : -
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Board of Madrasah Education Act, 1994.
(2) It extends to the whole of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "Alim Madrasah" means a Madrasah where the Senior Madrasah Education system is followed upto tenth class;
(b) "Head of Madrasah" means the head of the teaching staff of a Madrasah, by whatever name he or she may be designated;
(c) "High Madrasah" means a Madrasah where the High Madrasah Education System is followed;
(d) "Institution" means a Madrasah;
(e) "Junior High Madrasah" means a High Madrasah up to middle level;
(f) "Madrasah" means an educational institution imparting instruction in Madrasah Education;
(g) "Madrasah Education" means a system of education in which instruction is imparted in Arabic, Islamic history and culture, and theology, and includes -
(i) High Madrasah Education System which, in addition to covering Arabic language and Islamic history and culture, imparts general education including primary education with a view to qualifying students for admission to a certificate, diploma or degree course instituted by a University or by a Government or by any statutory authority, and includes such other type of education as the State Government may, in consultation with the Board, specify;
(ii) Senior Madrasah Education System which imparts instruction in Arabic language and literature, Islamic theology, history, culture and jurisprudence and some general education with a view to qualifying students for a certificate, diploma or degree of the Board or a University or a Government or any other statutory authority;
(h) "Managing Committee" used in reference to an Institution means the person or the body of persons for the time being entrusted with the management of the affairs of the Institution;
(i) "notification" means a notification published in the Official Gazette;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "President" means the President of the Board;
(l) "Primary Education" means education imparted in a primary school as defined in any Bengal Act or West Bengal Act or education equivalent thereto;
(m) "recognised" with its grammatical variations, used with reference to a Madrasah, means recognised under this Act or by the West Bengal Madrasah Education Board constituted by the State Government before the commencement of this Act;
(n) "regulation" means a regulation made by the Board under this Act;
(o) "rule" means a rule made by the State Government under this Act;
(p) "Senior Madrasah" means a Madrasah where the Senior Madrasah Education System is followed.
CHAPTER II
The Board
3. Establishment and incorporation of the Board. - (1) The State Government shall, as soon as may be after this Act comes into force, establish a Board to be called the West Bengal Board of Madrasah Education.
(2) The Board shall be a body corporate with perpetual succession and a common seal, shall be entitled to acquire, hold and dispose of property, to enter into contracts and to do all other things necessary for the purposes of this Act, and shall by its name sue and be sued.
4. Composition of the Board. - The Board shall consist of the following members: -
(a) the President;
(b) the President of the West Bengal Council of Higher Secondary Education, ex officio;
(c) the President of the West Bengal Board of Secondary Education, ex officio;
(d) the President of the West Bengal Board of Primary Education, ex officio;
(e) the Director of Madrasah Education, West Bengal, ex officio
(f) the Head of the Department of Arabic, Calcutta University, ex-officio;
(g) the representative of Vice-Chancellor Allah University, ex officio;
(h) two heads of recognised Madrasahs—one High Madrasah and one Senior Madrasah—nominated by the State Government;
(i) two Members of the West Bengal Legislative Assembly nominated by the State Government;
(j) three persons nominated by the State Government of whom -
(i) one shall be a wholetime member of the teaching staff of a college imparting instruction in Arabic or Persian language and affiliated to any University in West Bengal,
(ii) one shall be an expert in Islamic Culture and Theology, and
(iii) one shall be a woman interested in Madrasah Education;
(k) ten wholetime and permanent members of the teaching staff of recognised Madrasahs—five from High Madrasahs, three from Senior Madrasahs and two from Junior High Madrasahs and one from Primary Madrasah — elected in the manner prescribed;
(l) two persons from the wholetime and permanent non teaching staff of recognised Madrasahs elected in the manner prescribed;
(m) one person from the wholetime and permanent staff of the Board elected in the manner prescribed.