Bihar
State Madarsa Education Board Rules, 2022
[19th
April 2022]
In exercise of the powers
conferred under Section 26 of Bihar State Madarsa Education Board Act,
1981(Bihar Act No.32, 1982), the Governor of Bihar has been pleased to make the
following Rules to regulate the Bihar State Madarsa Education Board as
follows:-
Rule - 1. Short title, extent and commencement.
(1)
These Rules may be called the Bihar State
Madarsa Education Board Rules, 2022.
(2)
It shall extent to the whole State of Bihar.
(3)
It shall come into force from the date of
publication in the official Gazette.
Rule - 2. Definitions.
In these Rules, unless there is anything repugnant in the subject or context -
(i)
Government means Government of Bihar;
(ii)
Department means Education Department;
(iii)
Act means Bihar State Madarsa Education Act,
1981;
(iv)
Director (Oriental) means Special Director,
Secondary Education incharge Sanskrit and Madarsa.
(v)
Board means Bihar State Madarsa Education
Board constituted under Section-3 of the Act, 1981;
(vi)
Chairman means Chairman of The Bihar State
Madarsa Education Board;
(vii)
Secretary means Secretary of The Bihar State
Madarsa Education Board;
(viii)
Managing Committee means Managing Committee
of Recognised Non-Government Madarsa (up to Moulvi Standard) constituted under
Madarsa Managing Committee Rules, 2022;
(ix)
Affiliated Madarsa means Madarsas having
received privilege of the Board according to the provisions of this Act and
rules and regulations thereto up to Moulvi level.
(x)
Affiliation committee means Affiliation
Committee constituted by the Board under Section 7 of the Act.
(xi)
Appointing Authority with respect to all
employees appointed by the board above the level of Office Attendant means the
Chairman and of the level of Office Attendant employees means the Secretary;
(xii)
Appellate Authority with respect to all
employees appointed by the board above the level of Office Attendant means the
Board and of the level of Office Attendant employees means the Chairman; and
(xiii)
Appendix means Appendix appended to these
Rules.
(xiv) Prescribed
means prescribed by Rules and Regulations made by the Board under the Act;
(xv)
Regulations means Regulations made by the
Board under the Rule;
(xvi) Rules
means Rules made by the Department under the Act;
(xvii) Madarsa
means Recognised Non-Government Madarsa (up to Moulvi Standard) from the
Education Department, Government of Bihar, Patna;
Rule - 3. Powers & Functions of the Board.
Subject to the provisions under section 7 of the Act and the direction given by
the state government from time to time, the rules for powers and function of
the Board are as follows:
(1)
The Board shall make arrangements for the
conduct of different examinations held under this Act.
(2)
The Board-
(a)
shall conduct Examinations of students duly
registered with Madarsas affiliated with the Board;
(b)
shall conduct such other examinations as
directed by the Department or as decided by the Board from time to time ;
(c)
shall publish results and award certificates,
diplomas, prizes and scholarships for the examinations conducted by the board;
(d)
shall grant affiliation to Madarsas upto
Moulvi standard;
(e)
shall regulate the Madarsas affiliated with
the Board;
(f)
shall have the power to suspend or cancel
affiliation of the Madarsas which have been granted affiliation by the Board;
(g)
shall determine ways and means for conduct of
examinations, publication of results and award of certificates and mark sheet;
(h)
shall determine conditions for admitting
students in affiliated Madarsas of the Board and permitting such students to
appear in the examination being conducted by the Board;
(i)
may debar students/ Madarsas indulging in use
of unfair means in the examinations conducted by the Board:
(j)
shall demand and receive such fees as may be
prescribed by the Board;
(k)
shall encourage and promote curricular and
extra-curricular activities.
(l)
shall try to improve knowledge and awareness
among students, teachers, guardians and among such persons as considered
necessary by the Board.
(m)
may render financial assistance to Madarsas
for improving their infrastructure and encourage them to perform better.
(n)
shall evolve improved methods of assessment
of the attainments of candidates and carry out experiments in such methods;
(o)
may arrange inspection of Madarsas;
(p)
shall conduct and perform such other duties
as may be prescribed;
(q)
may constitute and appoint such committees,
for carrying out the functions and duties assigned to it under the Act;
(r)
shall be able to create all types of posts
under its own or regional offices only after the prior approval of the State
Government;
(s)
with prior approval of the State Government,
the Board may create such other temporary posts for a maximum period of one
year as may be deemed necessary for carrying out its duties and functions
assigned to it under the Act and may engage persons against such posts on Adhoc
basis for a maximum period of one year; and
(t)
shall have the power to take online admission
in the Madarsas upto Moulvi Standard (+2) under its jurisdiction.
(3)
The Board shall have such financial and
administrative powers as are enumerated in Appendix-1.
Rule - 4. Officers of the Board.
The following shall be the officers of the Board, namely-
(i)
Chairman,
(ii)
Secretary,
(iii)
Finance Officer,
(iv)
Controller of Examination,
(v)
Deputy Controller of Examination,
(vi)
Accounts Officer,
(vii)
Assistant Secretary
(viii)
The Board may make changes to the above list
from time to time after taking approval from the Education Department, Govt. of
Bihar, Patna.
(ix)
Such other officers as may be prescribed by
Rules made under the Act or as may be decided by the Board, with the consent of
Education Department from time to time.
Rule - 5. Appointment of Chairman.
(1)
Subject to the provision of this Act, the
Chairman shall be appointed by the State Government for a term not exceeding
three years from the date he assumes office and on the expiry of the said term,
he shall be eligible to be re-appointed for a period not exceeding three years,
but shall not be eligible for appointment for more than two terms. The Chairman
shall superannuate after completion of three years or Seventy years, whichever
is earlier.
(2)
No person shall be eligible for appointment
as Chairman unless he holds adequate experience under the Central or State
Government or unless he has teaching or research experience for not less than
ten years in any educational institution imparting education upto Post-Graduate
standard, or is reputed scholar in Arabic, Persian or Islamic studies and is interested
in Madarsa Education.
Rule - 6. Removal of the Chairman.
(1)
If at any time, and after such enquiry as may
be considered necessary, it appears to the State Government that the Chairman:-
(a)
has failed to discharge his duties under this
Act, or
(b)
has acted in a manner prejudicial to the
interest of the Board, or
(c)
is guilty of misconduct,
The State Government may,
notwithstanding the fact that the term of office of the Chairman has not
expired, remove the Chairman from his post by giving notice of one month or pay
in lieu thereof from the date specified in the notification.
(2)
On and from the date specified in the order
passed under the provisions of sub-section (1), it shall be deemed that the
Chairman has resigned his post and the office of the Chairman shall be deemed
vacant.
Rule - 7. Arrangement of work during absence of the Chairman.
During the temporary absence of the Chairman by reason of leave, illness or any
other cause, it shall be lawful for the Director of Education (Incharge of
Oriental Education) to exercise the powers and perform the duties of Chairman.
Rule - 8. Powers and duties of Chairman.
Subject to the provisions
under Section 13 of the Act and the direction given by the State Government
from time to time, the powers and function of the Chairman are as follows:
(1)
It shall be mandatory upon the Chairman to
convene the meetings of the Board at least once in three months and shall
preside over the meetings of the Board.
(2)
In any emergency arising out of the
administrative business of the Board, which, in the opinion of the Chairman,
requires that immediate action should be taken, the Chairman shall take such
action as he deems necessary, and shall thereafter report the action taken by
him to the Board at its next meeting.
(3)
He shall be the appointing and disciplinary
authority of all employees above the level of Office Attendant (Except the
officer of B.E.S. and other officer appointed by the State Govt.);
(4)
The financial and administrative powers of
the Chairman shall be such as enumerated in Appendix-1.
(5)
The Chairman shall also discharge such other
duties and functions, as directed by the Government from time to time.
(6)
All the financial powers shall be exercised
following the Bihar Financial Rules.
Rule - 9. Appointment of Secretary and his removal.
(1)
The Government shall appoint Secretary of the
Board with such terms and conditions and for such period as may be prescribed
by the Government.
(2)
A person to be appointed to the post of
Secretary shall be an officer of the level of gazetted rank of Bihar Education
Service.
(3)
The Government may, by notification, remove
the Secretary, at any time.
Rule - 10. Powers and duties of Secretary.
(1)
The Secretary shall, subject to the control
of the Board, be the Chief Administrative Officer of the Board. He shall also
be responsible for the presentation of the annual estimates and statement of
accounts.
(2)
The Secretary shall be responsible for
ensuring that all moneys are expended for the purpose for which they are
granted or allotted.
(3)
The Secretary shall be responsible for
keeping the minutes of the Board meeting.
(4)
The Secretary shall be the appointing and
disciplinary authority of the level of employees of Office Attendant.
(5)
The financial and administrative powers of
the Secretary shall be such as enumerated in Appendix-1.
(6)
The Secretary shall exercise all the
financial powers abiding the provisions of Bihar Financial Rules.
(7)
The Secretary shall exercise such other
powers as may be prescribed by the Rules and Regulations, framed under the Act.
Rule - 11. Power & functions of Controllers of Examinations of the Board.
The Controllers of Examinations shall have following powers and functions
namely-
(a)
To consider, moderate, determine and publish
the results of the examinations;
(b)
To admit candidates to the concerned
examinations and disqualify any candidates from appearing in such examinations
for any reason which in his opinion is prejudicial to the examination system
and the provisions of the Act;
(c)
To fix examination centers and evaluation
centers;
(d)
To prepare lists of persons suitable for
appointment as paper-setters, moderators, examiners, tabulators, supervisions
and invigilators for examinations and make appointments as such;
(e)
Conduct of examination, Publication of Press
Communiques, Preparation and publication of result.
(f)
Matters related to scrutiny and
correction/publication of pending result.
(g)
Such other functions as decided by the Board
from time to time.
Rule - 12. Power to grant and withdraw affiliation.
(1)
The Board shall have the power to grant
affiliation / recognition of the Madarsa under the section 7 (2) (a) of the Act
and it shall have power to make regulations in this regard with the approval of
the Department;
(2)
The Board shall have the power to
withdraw/cancel/suspend affiliation / recognition of the Madarsa under section
7 (2) (b) if in the opinion of the Board, the affiliated Madarsa has failed to
maintain the requisite standards for grant of affiliation or have in any manner
acted in the detriment or prejudicial to the interest of the students, Board or
the education system in general. Provided also that before
withdrawing/cancelling affiliation, the Board shall give to the Madarsa
concerned a reasonable opportunity of being heard, and the students admitted
into such Madarsas shall be allowed to complete their academic sessions and
appear at the next examination conducted by the Board.
(3)
When affiliation of Madarsas which have been
granted affiliation under section 7 (2) (a) or deemed to have been affiliated
with the Board, is liable to be cancelled, pending final decision regarding
withdrawn/cancellation of affiliation, the affiliation, may, at the discretion
of the Board, be suspended after recording reasons for the same. No prior show
cause notice shall be required to be served upon such Madarsas before
suspending affiliation.
Rule - 13. Recognition of Madarsas and Staffing Pattern.
Terms and condition for recognition of Madarsas and Staffing pattern shall be
governed under Resolution No-1090 dated 29.11.1980 issued by the Education
Department, Government of Bihar, Patna.
Rule - 14. Process to bring Madarsa under the category of Grants-in-Aid.
The Bihar State Madarsa Education Board shall get the inspection of such
Madarsas by the concerned District Education Officer which fulfils the terms
and conditions laid down under Departmental Resolution No-1090 dated 29.11.1980
and registered by the Bihar State Madarsa Education Board. The Bihar State
Madarsa Education Board after receipt of enquiry report from the District
Education Officer concerned shall make intensive scrutiny of all the relevant
documents including enquiry report and thereafter the Board shall transmit the
folder along with relevant enclosures to the Department of such Madarsas which
fulfils the requisite criteria with a recommendation to bring Madarsas in the
category of Grants-in-Aid. The Bihar State Madarsa Education Board shall made
recommendation to the Department to bring such Madarsas in the category of
Grantsin-Aid which fulfils the requisite criteria under Departmental resolution
No-1090 dated 29.11.1980.
Rule - 15. Appointment against Class-3 Post in Bihar State Madarsa Education Board.
The Bihar State Madarsa Education Board after taking prior approval from the
Administrative Department i.e. Education Department, Government of Bihar may
make appointment against Clause-3 Post against Sanctioned/Created post by the
State Government after following all the procedures of appointment,
qualification, requisite criteria as per Rules/Circulars/instructions issued by
General Administration Department, Government of Bihar. If so needed, the
Madarsa Board may request the Bihar State staff Selection Commission to provide
assistance for making appointment against Class-3 Post. The Madarsa Board shall
prepare regulation pertaining to service condition of its employee and to
operative the normal functioning of the offices of the Board shall be obliged
to obtain approval from the Education Department, Government of Bihar.
Rule - 16. Appointment against Class-4 Post in Bihar State Madarsa Education Board.
The Madarsa Board after taking prior approval from the Education Department,
Government of Bihar may make appointment against Class-4 Post against
Sanctioned/created Post by the State Government through outsourcing after
following the requisite procedure, for selection, qualification etc. as per
Rules/Circulars and instructions issued by the General Administration
Department, Government of Bihar from time to time.
Rule - 17. Fund of Board.
(1)
There shall be established a fund for the
Board which shall be vested in the Board for the purposes of this Act, subject
to the provisions contained therein, to be called the Fund of Board.
(2)
Following shall be credited in the fund of
the Board: -
(a)
all sums allotted to the Board from the
Consolidated Fund of the State of Bihar by the Government and all sums borrowed
by the Board for the purposes of carrying out the provisions of the Act and the
Rules and Regulations made thereunder;
(b)
all money received by or on behalf of the
Board including all fees payable and levied under any provisions of the Act and
the Rules and the Regulations made thereunder; and
(3)
all other sums received by the Board, not
included in the preceding clauses.
(4)
The sums received on account of Fund of Board
shall be kept in any scheduled commercial bank/banks (approved by the Reserve
Bank of India) and shall be credited to account to be called the Account of the
Bihar State Madarsa Education Board.
Rule - 18. Application of the fund of the Board.
Fund of Board shall be applicable to the following objects: -
(a)
to the repayment of debts incurred by the
Board for the purpose of the Act and the Rules and Regulations made thereunder;
(b)
to the payment of the salaries and allowances
of the officers and staff of the Board;
(c)
to the payment of the travelling and other
allowances of the members of the Board and the various Committees constituted
under the Act, Rules and Regulations framed thereunder;
(d)
to the payment of the expenses incurred in
conducting the examinations and performing the functions entrusted to the Board
under the Act and the Rules and Regulations made thereunder;
(e)
to the payment of the cost of audit of the
Fund of Board;
(f)
to the payment of grant-in-aid for
distribution among Madarsas as subsidies with a view to enable such Madarsas to
introduce revised courses of studies and to make other improvements;
(g)
to payment of grants to any Madarsa
affiliated with the Board for improving its infrastructure or to encourage it
to perform better.
(h)
to the payment for creation of infrastructure
including purchase of land and building; construction of building; payment of
rent for land and building; payment for security and rent for hiring vehicle;
purchase of machinery, vehicle, equipment, software and hardware etc;
(i)
to the payment for encouragement and
promotion of curricular and extracurricular activities among students;
(j)
to the payment for improvement of knowledge
and awareness among students, teachers, guardians and among such persons as
considered necessary by the Board;
(k)
to payment for any activity for improving the
functioning and/or work culture of the Board, or to improve efficiency of the
officers and staffs of the Board;
(l)
to the expenses of any suit or proceedings to
which the Board is a party;
(m)
to the payment of any other expenses up to
rupees two crore, not specified in any of the preceding clauses, declared by
the Board, with the approval of Board and above rupees two crore with the prior
approval of the Department, to be the expenses for the purposes of the Board;
and Provided that the grant of any sum for application to the objects specified
in clauses (f) and (g) shall be subject to the approval of the Board.
Rule - 19. Audit of accounts of the Board.
The accounts of the Board shall be subject to audit. It is mandatory upon the
Board to place the audit report in the forthcoming Boards meeting.
Rule - 20. Wings of the Board.
There would be mainly three wings of the Board: i.e (1) Administrative (2)
Academic and (3) Examination matter, the constitution, function and liability
whereof shall be determined by the Board.
Rule - 21. Regional Offices of the Board.
In addition to the headquarter of Board at Patna, there shall be regional
offices of the Board at different places as per decision of the Board on which
permission of the department will be mandatory.
Rule - 22. Functions & Duties of the Regional Offices.
The following shall be the functions and duties of the regional offices, namely
-
(a)
Major corrections in Madarsa Examinations
upto Moulvi standard. Major corrections are defined as corrections leading to
fundamental change, Viz. Date of Birth, Gender, Category, Name, etc
(b)
Minor corrections pertaining to Madarsa
Examinations upto Moulvi standard. Minor corrections are defined as corrections
pertaining to spelling related errors.
(c)
Issuance of duplicate certificates (viz.
Duplicate certificate, English version certificate, Mark sheet etc.) pertaining
to Madarsa Examinations upto Moulvi standard.
(d)
Online verification of results pertaining to
Madarsa Examinations upto Moulvi standard
(e)
Any other work related to examinations or any
other matter as directed by the Board.
Provided that the functions
and duties of the Regional offices may be amended by the Board, with the
consent of the department from time to time.
Rule - 23. Administrative and financial powers of In-charge officer of the regional offices.
The administrative and financial powers of the In-charge officer of regional
office shall be as per Appendix-1.
Rule - 24. Power of Board to make regulations.
The Board may, by notification in the official gazette and subject to
confirmation by the Department, make Regulations not inconsistent with the Act
and the Rules made there under to provide for all or any of the following
matters, namely: -
(a)
the Board shall make provision in its
Regulation for an elaborate and transparent procedure for clean Administration
Academic upliftment and to conduct of examination upon which the approval of
Education Department, Government of Bihar shall be obtained.
(b)
the procedure to be followed in regulating
the conduct of business at meetings of the Board;
(c)
for regulating the Madarsas affiliated with
the Board ;
(d)
for improvement of teaching standards for
imparting education in the Madarsas affiliated with the Board;
(e)
the affiliation/de-affiliation of Madarsas;
(f)
prescribing the mode and manner of
permanent/regular appointment of officers and employees of the Board and
qualifications for such posts;
(g)
the service conditions of the Officers and
employees of the Board; and
(h)
any such matter which by the Act or the Rules
made thereunder are to be or may be provided by Regulations.
Rule - 25. Acquisition of assets and liabilities of the Board.
All assets and liabilities of the Board acquired in any of its offices such as
immovable, movable, land, buildings, stores, vehicles, books, cash, securities,
investments, furniture and other shall be deemed to be under control of the
Board. All such agreements and contracts done before commencement of these
Rules and liabilities so created shall be deemed to be under these Rules.
Rule - 26. Contract done not in good faith.
Before commencement of these Rules, any agreement or contract done by any
person with the Board, if found to be have been executed not in good faith, the
contract or agreement so executed against the interest of the Board may be
cancelled or amended to that extent, without any liability on the Board.
Rule - 27. Interpretation.
In case of any ambiguity or difference in interpreting the provisions of the
English and the Hindi version of these Rules, the provision of the English
version of these Rules shall be applicable.
Rule - 28. Power to remove difficulties.
The State Govt. will have
jurisdiction to clarify the provisions of this Rules in order to remove the
difficulties in implementing the provisions of the Rules by issuing necessary
Notification/Order. In case of any anomaly erupted in any provisions of the
Rules the same would be rectified after obtaining concurrence from the Finance
Department as well as General Administration Department.
Rule - 29. Repeal and Savings.
(1)
From the date of commencement of these Rules,
all previous Rules, Resolutions, Orders, and Instructions etc. relating to
conduct of the Bihar State Madarsa Education Board are hereby repealed.
(2)
Notwithstanding such repeal, anything done or
any action taken under the previous Rules, Resolutions, Orders, Instructions
prior to commencement of these rules shall be deemed to be done or taken under
these rules as if these Rules were in force on that day on which such thing was
done or such action was taken.
APPENDIX-1
FINANCIAL
AND ADMINISTRATIVE POWERS
(1)
The financial and administrative powers of
the Board, Chairman, Secretary, and In-charge of Regional offices shall be as
follows -
|
Name of Authority |
Financial Powers |
Administrative Powers |
|
|
Leave |
Disciplinarily matters
|
||
|
Board |
Above Rs. 05
(Five) lakh |
|
Shall be the
appellate authority against the order passed by the Chairman
|
|
Chairman |
Above Rs. 02
(Two) lakh and up to Rs. 05 (Five) lakh with the approval of the Chairman
after the approval of the Boards Financial Committee. |
Sanctioning
Authority of grant of leave to the Secretary of the Board. |
Shall be the
appointing and disciplinary authority of all Board employees above the level
of Office Attendant
|
|
Secretary |
(i) Upto
Rs. 50 (Fifty) Thousand independently (ii) More
than Rs. 50 (Fifty) Thousand to Rs. 02 (Two) lakh with the permission of the
Chairman of the Board excluding establishment expenditure. |
Sanctioning
Authority of Leave of all Officers and staff. |
(i) Shall
be the appointing and disciplinary authority of the level of employees of
Office Attendant. (ii)
Suspension of officers and staff up to level of Section Officer, as per Rules
and recommending departmental proceedings against such officers and
employees.
|
|
In charge of
Regional offices |
In one
financial year upto Rs. 02 (Two) Lakh. And more than Rs. 02 (Two) Lakh
approval of the Secretary of the Board shall be necessary. |
Sanction of
casual leaves of officers and staff posted in the regional offices. |
|
|
* The quorum
for a meeting of the members of the Board shall be one third of its total
strength and the participation of the members by video conferencing or by
other audio visual means shall also be counted for the purposes of quorum
under this sub-section. |
|||
Note :-
(1)
All types of financial power shall be
exercised by following the provisions of Bihar Financial Rules.
(2)
The order of suspension and/or imposition of
penalties passed by the Secretary may be reviewed and modified by the Chairman.
(3)
The Department may redefine the aforesaid
powers, from time to time, and therefore this Appendix may be modified by the
Department, from time to time.