[Act
No. 32 of 1982] An
Act to provide for the constitution of an autonomous Board for development and
better supervision of Madarsa Education in the State of Bihar. Be
it enacted by the Legislature of the State of Bihar in the Thirty-second Year
of the Republic of India as follows: (1)
This Act may be called the Bihar State
Madarsa Education Board Act, 1981. (2)
It shall extend to the whole of the
State of Bihar. (3)
It shall be deemed to have come into
force with effect from 17th January, 1981. In
this Act, unless there is anything repugnant in the subject on context:-- (a)
'Board' means, the Bihar State Madarsa
Education Board established under Section 3 of this Act; (b)
'Chairman' means the Chairman of the
Board; (c)
'Madarsa' means an educational
institution providing instruction in Arabic, Persian and Islamic studies and
recognised as such by the Board; (d)
"Managing Committee" means a
committee constituted under the provisions of this Act for the management of
Madarsa; (e)
'Prescribed' means prescribed under
the Act or the Rules and Regulations made thereunder; (f)
'Regulation' means a regulation made
by the Board under this Act; (g)
'Rule' means Rule made by the State
Government under this Act; (h)
'Secretary' means the Secretary of the
Board; (i)
Teacher' means a member of teaching
staff of a recognised Madarsa and shall include the Head of Madarsa. With
effect from a date which the State Government may by notification published in
the official Gazette appoint, there shall be established a Board to be known as
the Bihar State Madarsa Education Board (hereinafter called the Board) with
headquarters at Patna and jurisdiction over the whole of the State of Bihar. The
Board shall be a body corporate with perpetual succession and a common seal and
shall be entitled to acquire, hold and dispose of property, to enter into
contracts, and to do all other things necessary for the purpose of this Act and
shall sue and be sued by the said name. The
Board shall consist of the following members:-- (1)
Chairman who shall be appointed by the
State Government under section 10 of this Act; (2)
Director of Education (in-charge
Oriental Education)--Ex-officio;- (3)
Director-Institute of Post Graduate
Studies and Research in Arabic and Persian, Patna--Ex-officio; (4)
The Principal, Madarsa Islamia Shamsul
Hoda, Patna--Ex-officio; (5)
Chairman, Bihar Sunni Wakf Board,
Patna--Ex-officio; (6)
Chairman, Bihar Shia Wakf Board,
Patna--Ex-officio; (7)
Three members of Legislature, two from
Legislative Assembly and one from Legislative Council elected in prescribed
manner; (8)
Two senior teachers of recognised
Madarsa nominated by the State Government; (9)
Three other members nominated by the
State Government who have interest in Madarsa Education or Islamic Studies. (1)
The term of office of the nominated
members of the Board shall be for a period of three years with effect from the
date of their nomination and shall include any period that may elapse between
the date of expiry of the term and the date of nomination to fill the vacancy
caused by the expiry of the said term. (2)
A member of the Board may, on expiry
of the term of the office under sub-section (1) be re-nominated for another
term nor exceeding three years, but shall not be eligible for nomination for
more than two terms. (1)
It shall be the duty of the Board to
provide for instructions and research in Arabic, Persian and Islamic Studies
and such other branches of knowledge including vocational courses and training
which the Board thinks fit and to advise the State Government on all other
matters relating to Madarsa Education. (2)
Subject to the provisions of this Act
and the Rules and Regulations made thereunder, the Board shall have the powers
to direct, supervise and control Madarsa Education and in particular have the
powers. (a)
to grant recognition to Madarsa in
accordance with such regulations as may be made by the Board in this behalf; (b)
to withdraw recognition of a
recognised Madarsa in accordance with such regulations as may be made by the
Board in this behalf and not to give grant to such Madarsa from the Madara
Education Fund; (c)
to maintain a register of Madarsas; (d)
to prescribe by regulation the
syllabi, the courses of studies to be followed and the books to be studied in
Madarsa and for examination conducted by the Board; (e)
to undertake the preparation,
publication or sale of text books and other reference books for use in Madarsa
within the resources available for the purpose; (f)
to maintain and publish from time to
time lists of books approved for use in Madarsa and for examinations conducted
by the Board and to remove such books from any such lists; (g)
to conduct different Madarsas
examinations and such other examinations for Madarsas as it may think fit and
make regulations in this behalf; (h)
to publish the results of any examinations
conducted by the Board and to award Diplomas, Certificates, prizes and
scholarships in respect thereof; (i)
to provide by regulations the rates of
remunerations to be paid to paper setters, moderators, tabulators, examiners,
invigilators, Centre Superintendents, Supervisors and other persons employed in
connection with the examination conducted by the Board and fees to be paid by
examinees for such examinations; (j)
to grant permission to examinees to
appear at an examination conducted by the Board and to refuse or withdraw such
permission if it thinks fit in accordance with such regulations as may be made
in this behalf; (k)
to administer the Madarsa Education
fund; (l)
to institute and administer such
provident funds as may be prescribed by rules; (m)
to make regulations regarding service
conditions of the employees of the Board; (n)
to get the Managing Committee of
Madarsa constituted in a manner so as to include the Head Maulvi, two donor
representatives, one teacher representative, two guardians' representatives,
and one member nominated by the Board and two other persons interested in
Madarsa Education or Islamic studies co-opted by the above seven members. (o)
The power to dissolve the Managing
Committee shall vest in the Board; (p)
to constitute Academic Committee,
Recognition Committee, Examination Committee and Finance Committee in the
manner prescribed by rules and such other committees or sub-committees as the
Board may consider necessary for the proper and efficient functioning of the
Board; (q)
to prepare the annual budget estimates
of income and expenditure of the Board for approval of the State Government; (r)
to provide for training programmes and
refresher courses for Madarsa teachers in collaboration with other educational
and training institutions; (s)
to make regulations for the purpose of
implementing the provisions of this Act; (t)
to create posts of officers and staff
of the Board as may be prescribed by the rules; (u)
to perform such other functions as may
be entrusted to it by the State Government. The
following shall be the officers of the Board, namely;-- (1)
The Chairman, (2)
The Secretary, (3)
Finance Officer, (4)
Controller of Examination, and (5)
Such other person or persons as may be
declared by the State Government to be the officers of the Board. (1)
The State Government may, on the
recommendation of the Board or suo moto remove any nominated member from his
post if such a member has been found guilty of such conduct as would, In the
opinion of the State Government disqualify him to continue as a member. (2)
No order under sub-section (1) shall
be passed unless a notice stating the specific grounds on which such action is
proposed has been served and a reasonable opportunity to show-cause against the
proposed order has been given to the said member. (1)
Subject to the provisions of this Act
the Chairman shall be appointed by the State Government and shall hold office
at the pleasure of the State Government for a term not exceeding three years
from the date he assumes office. After 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. (2)
No person shall be eligible for
appointment as Chairman unless he holds adequate administrative experience
under the Central or State Government or unless he has teaching or research
experience for nor 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 Madrasa Education. (3)
The Chairman shall receive such
emoluments as may be determined by the State Government. Other terms and
conditions of his appointment shall be such as may be determined from time to
time by the State Government. (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 misdemeanour, 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)
From the date specified in the order
passed under the provisions of subsection (1) it shall be deemed that the
Chairman has resigned his post and the office of the Chairman shall be deemed
vacant. 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 such powers and perform such duties of Chairman as may
be delegated by the State Government. (1)
The Chairman shall be the principal
executive and academic officer of the Board and shall preside at meetings of
the Board: Provided
that the Chairman shall not vote in the first instance, but shall have and
exercise a casting vote in the case of an equality of votes. (2)
The Chairman shall, subject to the
provisions of this Act and the Rules and Regulations made thereunder, have
powers to make appointment to posts within the sanctioned grades and scales of
pay and within the sanctioned strength of the ministerial staff and other
employees other than teachers and officers of the Board and have control and
full disciplinary powers over such employees. (3)
The Chairman shall have the right to
visit and inspect the Madarsa and other institutions affiliated with the Board
or cause such inspections to be made by such persons as may be authorized by
him. (4)
If at any time, except when the Board
is in session, the Chairman, is satisfied that any emergency has arisen
requiring him to take immediate action involving the exercise of any powers
vested in the Board by or under this Act, the Chairman shall take such action
as he deems fit and shall report the action taken by him to the Board in the
next meeting. (5)
Subject to the provisions of this Act,
it shall be the duty of the Chairman to see that the proceedings of the Board
are carried on in accordance with the provisions of this Act and the rules and
regulations made thereunder and the Chairman shall report to the Board for
reconsideration of every such proceeding which is not in conformity with such
provision. If the Chairman sees thereafter that the reconsideration of the
Board on such proceedings is still not in conformity with the provisions of
this Act, he shall report the matter to the State Government and till such time
as the order of the State Government are not received on the report of the
Chairman, the Chairman shall have the powers to stay the proceedings reported
against. (6)
The Chairman shall exercise such other
powers and perform such other duties as are conferred or vested in him by this
Act and the Rules and Regulations made thereunder. (1)
Subject to the provisions of this Act
and the rules and regulations made thereunder, the Secretary of the Board shall
be appointed by the State Government in consultation with the Chairman on such
terms and conditions as may be specified by the State Government. (2)
Subject to the general control and
supervision of the Chairman, the Secretary shall be the principal
administrative officer of the Board and shall be responsible to record the
proceedings of the meetings of the Board. The
Finance Officer shall be a whole time officer appointed by the State Government
in consultation with the Chairman and shall act as Secretary of the Finance
Committee and shall exercise such powers and perform such duties as may be
prescribed or delegated or assigned to him by the Board or the Chairman from
time to time. The
Controller of Examination shall be a whole-time officer appointed by the State
Government in consultation with the Chairman and shall exercise such powers and
perform such duties as may be prescribed or delegated or assigned to him by the
Board or Chairman from time to time. The
Board shall have a fund to be called Bihar State Madarsa Education Fund to
which shall be credited:-- (a)
all such sums which may be paid to the
Board by the State Government for the purpose of this Act; (b)
all fees realized under any of the
provisions of this Act; (c)
all sums representing income from
properties owned or managed by the Board, and (d)
all other sums, endowments and
sureties received by or on behalf of the Board from any other sources. (1)
The Bihar State Madarsa Education Fund
shall, subject to such rules as may be made by the State Government be
applicable to the following objects.-- (a)
Payment of salaries and allowances to
approved teachers and non-teaching staff of recognised Madarsas in the State; (b)
Payment of salaries and allowances of
officers and employees of the Board and other costs of establishment of the
Board; (c)
Cost of such items of the
establishment of the recognised Madrasa as may be approved by the State
Government or the Bihar State Madarsa Education Boar; (d)
Construction, maintenance and repairs
of any works connected with recognised Madarsa which has been sanctioned by the
State Government or Board; (e)
Acquisition of land for any recognised
Madarsa for which sanction has been duly accorded by the State Government or by
the Board; (f)
Payment of contribution towards
provident fund of the teachers and other employees of recognised madarsa as
also of officers and employees of the Board; (g)
Payment of any other expenses in
connection with Madarsa Educations as may be determined by the State Government
or by the Board from time to time. (2)
No expenditure shall be incurred from
the fund except for the purpose of this Act and unless such expenditure has
been provided for in the budget as approved under this Act, or can be met by
re-appropriation sanctioned in the prescribed manner. The
Board shall keep an account of all its receipts and expenditure in the manner
prescribed. The
accounts of the Board shall be examined and audited in such manner as may be
prescribed by the State Government. (1)
After completion of the audit the
auditor shall submit to the State Government a report on the accounts audited,
and shall send a copy thereof to the Board which shall forward it to the State
Government together with its observations thereon. (2)
The State Government shall issue such
direction to the Board on the audit report as it thinks fit and it shall be the
duty of the Board to comply with such direction within the time limit specified
in the order. The
Board shall furnish to the State Government such other reports, returns and
statements as may be prescribed and such further information on any matter
relating to the Board as the State Government may require. No
act or proceedings under this Act shall be invalid merely on the ground of
existence of any vacancy in the membership of the Board. The
services of the approved teachers and non-teaching staff of a recognised
Madarsa shall be under the supervision of the Board. Subject to the regulations
prescribed under this Act their services shall be controlled by the Board or
Madarsa*. No teacher of the Madarsa shall be discharged or dismissed
from service without the prior approval of the Board. Ed.-- According
to the English text of the preceding Ordinance words "Managing
Committee" appear after this word while its Hindi text (which exactly
tallies with the Hindi text of the Act) does not contain these words. The
State Government shall by a notification in the official gazette determine in
consultation with the Board the rules and procedures of appointment and
promotion of teachers in a recognised Madarsa on the basis of their
qualifications and seniority. (1)
The State Government may be
notification in the official gazette make rules for carrying out the purposes
of this Act. (2)
In particular and without prejudice to
the generality of the foregoing provisions of this Act such rules may provide
for all or any of the following matters, namely: (a)
The acquisition, possession and
disposal of property by the Board, the condition of such acquisition,
possession and disposals; (b)
The manner of nomination of the
members of the Board specified in Section 5; (c)
The composition, powers and functions
of managing committee of Madarsa; (d)
The terms and conditions of
appointments, the scale of pay and the rules of discipline and other conditions
of service relating to the officers and employees of the Board; (e)
The form in which the budget estimates
of the Board shall be prepared; (f)
The manner in which all payments to
and withdrawal from the Bihar State Madarsa Education Fund shall be made; (g)
The manner of re-appropriation under
Section 18(2); (h)
The manner and forms in which accounts
of receipts and expenditures shall be kept; (i)
The manner in which examination and
audit of the accounts of the Board shall be made; (j)
The reports, returns and statements to
be furnished by the Board and the form of such reports and returns and
statements; (k)
Appointment and other service
conditions of teachers and non-teaching staff of recognised Madarsa; (l)
Conditions and procedures for
recognition of Madarsa; (m)
Any other matter required to be made,
prescribed or provided by rules. (3)
All rules made under this section
shall be laid (or not less than fourteen days before the State Legislature as
soon as possible after they are made and shall be subject to such modifications
as the State Legislature may make during the session in which they are so laid. (1)
The State Government may issue such
directives to the Board as deem necessary for the fulfillment of the purposes
of this Act. (2)
The State Government shall have powers
to address the Board or express its views with respect to any act done, being done
or proposed to be done or get done by the Board. (3)
On receipt of such directive or
communication the Board will report to the State Government about the action it
has taken or proposes to take and in case it fails to take necessary action the
Board shall explain the position to the State Government. (4)
After consideration of the explanation
tendered by the Board or in case of failure of submission of the explanation
within a reasonable period, the State Government may issue such direction as it
deems fit and the Board shall comply with such direction. Any
person or managing committee aggrieved with the decision of the Board or
Chairman may file an appeal for final hearing within 60 days of the passing of the
orders, to the State Government. (1)
With effect from the date, the Board
is established under section 3, the Bihar Madarsa Examination Board shall be
dissolved and all the powers exercised and duties performed by the said Board
shall be exercised and performed by the Board established under this Act. (2)
All legal proceedings or remedies
instituted or enforceable by or against the Bihar Madarsa Examination Board
before the commencement of this Act, may be continued or enforced, as the case
may be, by or against the Board established under this Act or other employees
of the Board. (3)
All officers employed in the Bihar
Madarsa Examination Board including office of the Assistant Director of
Education (Islamic) immediately before the commencement of this Act shall until
other provision is made be deemed to be in the service of the Board established
under this Act. (4)
All recognised Madarsas shall be
deemed to have been recognised under this Act until expiry of the period of
recognition subject, however, to the power of the Board to withdraw recognition
in accordance with the provisions of this Act. (5)
All syllabuses, courses of studies and
text-books in force shall, until other provision is made under this Act
continue to be followed. Until
such time as the Board is fully constituted in accordance with the provisions
of this Act, the Chairman and ex-officio members, shall constitute the Board. If
any difficulty arises in giving effect to the provisions of this Act the State
Government may make such order or do such thing not inconsistent with the
provisions of this Act as appear to it to be necessary or expedient for
removing the difficulty. (1)
The Bihar State Madarsa Education
Board Ordinance, 1981 (Bihar Ordinance No. 172 of 1981) is hereby repealed. (2)
Notwithstanding such repeal, anything
done or any action take in exercise of any power conferred by or under the said
Ordinance, shall be deemed to have been done or taken in the exercise of the
powers conferred by or under this Act, as it this Act were in force on the day
on which such thing was done or such action was taken.THE BIHAR STATE MADARSA EDUCATION BOARD
ACT, 1981
PREAMBLE