Read full ActS.1 Short title and commencement
(1) This Act may be called The Uttar Pradesh Board of
Madarsa Education Act, 2004.
(2) It shall be deemed to have come into force on September 3, 2004.
S.2 Definition
In this Act unless the context otherwise requires-
(a) Board means the Uttar Pradesh Board of Madarsa Education established under
Section 3;
(b) Centre means an institution or a place fixed by the Board for the purpose of holding
its examinations and includes the entire premises attached thereto;
(c) Director means the Director, Minority Welfare, Uttar Pradesh;
(d) Head of institution, in relation to an institution, means the Principal or the Head
Master, as the case may be, of that institution;
(e) Inspector means the inspector, Arabic Madarsas, Uttar Pradesh and includes an officer
authorised by the State Government to perform all or any of the functions of the
inspector under this Act;
S.3 Constitution of the Board
(1) With effect from such date as the State Government may,
by notification, appoint, there shall be established at Lucknow a Board to be known as the
Uttar Pradesh Board of Madarsa-Education.
(2) The Board shall be a body corporate.
(3) The Board shall consist of the following members, namely:
(a) a renowned Muslim educationist in the field of traditional Madarsa-Education,
nominated by the State Government who shall be the Chairperson of the Board;
(b) the Director, who shall be the Vice-Chairperson of the Board;
(c) the Principal, Government Oriental College, Rampur;
(d) one Sunni-Muslim Legislator to be elected by both houses of the State Legislature;
(
S.4 Removal of members.
The State Government may remove from the Board a member other
than an ex-officio member, who in its opinion, has so flagrantly abused his position as such
member as to render his continuance on the Board detrimental to the public interest:
Provided that the State Government shall, before removing a member as aforesaid, give
him an opportunity of fifteen days for submitting explanation and shall place on record reasons
for his removal.
S.5 Term of Office of members.
(1) A member, other than ex-officio member, shall hold office
for a term of three years from the date of the notification under sub-section (4) of section (3):
Provided that in the case of clause (b) of sub-section (5) of section 3 this sub-section shall not apply and the term shall be determined in accordance with the provisions of the said clause:
Provided further that the State Government may, by notification, extend the term of
any such member for a period not exceeding six months at a time in the manner that the total
extended period should not exceed one year.
(2) A member of the Board shall cease to be such member upon his ceasing to have the
capacity in which he was elected or nominated, and his seat shall thereupon become vacant.
S.6 Filling of vacancies on expiry of term of office
The State Government shall take steps
for the reconstitution of the Board before the expiry of the term of office of members under
section 5.
S.7 Meeting of the Board.
(1) The Board shall meet at such time and place and shall subject
to the provisions of sub-sections (2) and (3) observe such procedure in transacting the business
at its meeting, including the quorum thereat, as may be provided by bye-laws made in this
behalf.
(2) The Chairperson shall preside at the meeting of the Board. In his absence, the ViceChairperson of the Board shall preside at the meeting. When Chairperson/Vice Chairperson
both were absent then the Chairperson shall be a senior member elected under clause (d) or
clause (e) shall provide at the meeting.
(3) All questions arising in a meeting of the Board shall be decided by majority of votes of the
members present and voting and in case of equality' of votes, the person presiding at such
meeting shall have a second or casting vote.
S.8 Vacancies etc. not to invalidate acts and proceedings.
No act or proceeding of the
Board or of a committee appointed by it, shall be invalid on the ground merely on the existence
of any vacancy or defect in the constitution of the Board or the Committee.
S.9 Functions of the Board
Subject to the other provisions of this Act the Board shall have
the following functions, namely-
(a) to prescribe course of instructions text-books, other books and instructional material, if
any, for Tahtania, Fauquania, munshi, Maulavi, Alim, Kamil, Fazil and other courses;
(b) prescribe the course books, other books and instruction material of courses of Arbi,
Urdu and Pharsi for classes upto High School and Intermediate standard in accordance
with the course determined there for by' the Board of High School and Intermediate
Education;
(c) to prepare manuscript of the course books other books and instruction material referred
to in clause (b) by excluding the matters therein wholly or partiality or otherwise and to
publish them;
(d) prescribe standar
S.10 Powers of the Board.
(1) The Board shall subject to the provisions of this Act and the
rules made thereunder, shall have all such powers as may be necessary' for the performance of
its functions and the discharge of it duties under this Act, or the rules or regulations made
thereunder.
(2) In particular and without prejudice to the generality of the foregoing powers, the Board shall have the powers,-
(i) to cancel an examination or withhold the result of an examination of a candidate, or to
disallow him from appearing at any future examination who is found by it to be guilty
of,-
(a) using unfair means in the examination; or
(b) making any incorrect statement or suppressing material information or fact in the
application form for admis
S.11 Recognition of an institution in any new subject or for a higher class.
Notwithstanding anything contained in sub-clause (a) clause (iv) of sub section (2) of Section
10, the Board may, with the prior approval of the State Government, recognise an institution in
any new subject or group of subjects for a higher class.
S.12 -Proper utilization of donation
Where a contribution or donation, either in cash or in
kind, is taken or received by an institution, the contribution or donation so received shall be
utilized only for the purpose for which it was given to it and in the case of an institution
maintained exclusively by the State Government, the cash contribution or donation shall be
credited to personal ledger account of such institution which shall be operated in accordance
with general or special orders of the State Government
S.13 Power of the State Government.
(1) The State Government shall have the right to
address the Board with reference to any work conducted or done by the Board and to
communicate to the Board its views on any matter with which the Board is concerned.
(2) The Board shall report to the State Government such action, if any, as it is proposed to be
or has been taken upon its communication.
(3) If the Board does not, within a reasonable time take action to the satisfaction of the State
Government, the State Government may after considering any explanation furnished or
representation made by the Board, issue such directions consistent with this Act, as it may
think fit, and the Board shall comply with such direction.
(4) Whenever, in the opinion of the State Government, it is necessary or expedient to take
immediate action, it may without making any reference to the Board under the foregoing
provisions, pass such order or take such other action consistent with this A
S.14 Officer and other employees of the Board
For the purpose of enabling it efficiently to
discharge it's functions under this Act, the Board may appoint such number of officers and
other employees, with the previous approval of the State Government as it may think fit
S.15 Powers and duties of the Chairperson of the Board
(1) It shall be the duty of the
Chairperson of the Board to ensure the observance of this Act and the regulations, faithfully
and he shall have all the powers necessary for this purpose.
(2) The Chairperson of the Board shall exercise such other powers as may be prescribed by the
regulations.
S.16 -Powers and duties of the Registrar.
(1) The Registrar of the Board shall be the Chief
Executive Officer of the Board and shall, subject to the superintendence, control and directions
of the Board, be responsible for the execution of its decisions. He shall exercise such other
powers and perform such other duties as may be prescribed by regulations, and in particulars-
(a) be responsible to prepare and present the annual estimates and statement of accounts;
(b) be responsible to ensure that all moneys are spent for the purpose for which they are
granted or allotted;
(c) be responsible for keeping the minutes of the meeting of the Board;
(d) shall exercise such powers as are necessary for the conduct of the examinations; and
(e) shal
S.17 Appointment and constitution of Committee and sub-committees
(1)The Board shall
appoint the following committees namely;
(a) Curriculum Committee;
(b) Examination Committee;
(c) Result Committees;
(d) Recognition Committee; and
(e) Finance Committee;
(2) Such a committee shall consist of the members of the Board only and shall be constituted
in such a way that as far as possible at least one member from each of the following classes are
represented in each of the committees:
(a) head of institutions;
(b) teachers of institutions;
(c) Academicians;
Provided that no member of the Board shall serve on
S.18 Power to delegate
The Board may, by general or special order, direct that any power
exercisable by it under this Act except the Power to make regulations may also be exercised by
its Chairperson or Vice-Chairpersons or by such Committee or officer in such cases and
subject to conditions, as may be specified therein.
S.19 Superintendent of Centre and invigilator to be public servant.
The Superintendent of
a Centre and an invigilator shall be deemed to be public servants within the meaning of section
21 of the Indian Penal Code.
S.20 Power of the Board to make regulations
(1) The Board may make regulations for
carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, the Board may
make regulations providing for all or any of the following matters, namely:
(a) constitution, power and duties of committees and subcommittees;
(b) the conferment of Degrees, Diplomas and Certificates;
(c) the conditions of recognition of institutions;
(d) the courses of study to be laid down for all Degrees, Diplomas and Certificates;
(e) the conditions under which candidates shall be admitted to the examinations and
research programme of the Board and shall be eligible for Degrees, Diplomas and
Certific
S.21 Publication and previous approval of regulations made by the Board
(1) All
regulations under section 21 shall be made only with the previous approval of the State
Government and shall be published in the Gazette.
(2) The State Government may approve any such regulations proposed by the Board with or
without modification.
S.22 Scheme of Administration
(1) Notwithstanding anything contained in any law,
document or decree or order of a court other instrument, there shall be a Scheme of
Administration for every institution, whether recognised before or after the commencement of
this Act. The Scheme of Administration shall amongst other matters provide for the
constitution of a Committee of Management vested with authority to manage and conduct the
affairs of the institution. The Head of the institution and two teachers thereof, belonging to
Muslim-Minority, who shall he selected by rotation according to seniority in the manner
prescribed by regulations, shall be ex-officio members of the Committee of Management with a
right to vote.
(2) No member of the Committee of the Management shall either attend the meeting of the
Committee or exercise his right to vote whenever a charge concerning his personal conduct is
under discussion.
(3) The Scheme of Administration shall also describe subject to any r
S.23 Procedure for appointment of head of institutions teachers and other employees
Subject to the other provisions of this Act, the head of institution, teachers and other
employees of an institution shall be appointed in accordance with the regulations.
S.24 Conditions of service of head of institution, teachers and other employees.
(1) The
head of institution, teachers and other employees of an institution shall be governed by such
conditions of service as, may be prescribed by regulations and any agreement between the
Committed of Management and such head of institution, teachers or employees, as the case
may be, in so far as it is inconsistent, with the provisions of this Act or the regulations, shall be
void.
(2) Without prejudice to the generality of the powers conferred by sub-section (1) the
regulations may provide for,-
(a) the code of conduct, the period of probation, the conditions of confirmation and the
procedure and conditions for promotion and punishment including suspension pending
or in contemplation of inquiry or during the pendency of investigation, inquiry or trial in
any criminal case for an offence involving moral turpitude and the allowances for the
period of suspension and termination of service with notice;
<
S.25 Casual Vacancies
All casual vacancies among the Members other than exofficio members of the Board or of a Committee appointed by the Board, shall be filled, as soon
as may be, by the person or body who elected, or nominated, the member whose place has
become vacant and the person elected or nominated to a casual vacancy shall be a member of
the Board or Committee for the remaining term for which the person whose place he fills would
have been a Member.
S.26 Power of the Board and Committees to make bye-laws
(1) The Board and its
Committees may make bye-laws consistent with this Act, the rules and the regulations,-
(a) laying down the procedure to be observed at their meetings and the number of members
required to form a quorum;
(b) providing for all matters which are to be, or may be, provided for by bye-laws;
(c) providing for all matters solely concerning the Board and its Committees and not
provided for by this Act, the rules and the regulations.
(2) The Board and its Committees shall make bye-laws providing for the giving of notice, to the
member of the Board or Committee, of the dates of meeting of the Board or Committee, and of
the business to be considered at meetings, and for the keeping of a record of the proceedings of
meetings.
(3) The Board may direct amendment o
S.27 Protection for acts done in good faith.
No suit, prosecution or other legal proceedings
shall lie against the State Government, the. Board or any its Committees and sub-Committee
or any other person in respect of anything which is in good faith done or intended to be done in
pursuance of this Act or any rule, regulation, bye-law, order or direction made thereunder.
S.28 Bar of Jurisdiction of Courts
No order or decision made by the Board or any of its
committees or sub-committees in exercise of the powers conferred by or under this Act shall be
called in question in any court
S.29 Fund of the Board.
(1) The Board shall have its own fund, and all receipts of the Board
shall be credited thereto and all payments for the Board shall be made therefrom.
(2) Subject to any general or special order of the State Government, and subject to the
provisions of this Act, the Board shall have the power to spend such sum as it may think fit on
subjects or for purposes authorised by this Act.
S.30 Account and audit.
(1) The Board shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts in such form as the State Government
may, by general or special order, specify.
(2) The Board shall prepare an annual financial statement and submit it to the State
Government for its approval.
(3) The accounts of the Board shall be audited by such authority as the State Government may,
by general or special order, specify.
(4) The accounts of the Board as certified by the audit authority together with the audit report
thereon shall be forwarded annually to the State Government.
S.31 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions
of this Act, the State Government may, by a notified order, make such provisions, not
inconsistent with provisions of this Act, as appears to it to be necessary or expedient, for
removing the difficulty.
(2) No order under sub-section (1) shall be made after the expiry of the period of two years from
the date of the Commencement of this Act.
(3) The provisions of sub-section (1) of section 23-A of the Uttar Pradesh General Clauses Act,
1904 shall apply to the order made under sub-section (1) as they apply in respect of rules
made by the State Government under any Uttar Pradesh Act.
S.32 Power to make rules
The State Government may, by notification, make rules for
carrying out the purpose of this Act
S.33 Repeal and Saving.
(1) The Uttar Pradesh Madarsa Education Ordinance 2004 (U.P.
Ordinance No. 12 of 2004) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the ordinance
referred to in sub-section (1) shall be deemed to have been done are taken under this Act as if
this Act were in force at all material times
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