UTTARAKHAND MADARSA EDUCATION BOARD ACT, 2016

Act No. 06 of 2016

29th March, 2016

An Act to provide for the establishment of a Board of Madarsa Education in the State and for the matters connected therewith or incidental thereto. It is hereby enacted in the Sixty seventh of the Republic of India as follows:-

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S.1 Short Title and commencement

(1) This Act may be called the Uttarakhand Madarsa Education Board Act, 2016.

(2) They shall come into force on the date of their Publication in the official gazette.

S.2 Definitions

In this Act unless the context otherwise requires:-

• (a) "Board" means the Uttarakhand Madarsa Education Board 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 muslim educational premises attached thereto;
• (c) "Director" means the Director, Uttarakhand Madarsa Education Board, as well as (ex-officio) Registrar Uttarakhand Madarsa Education Board, Uttarakhand;
• (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, Arbi-Farsi Madarsa Board, Uttarakhand and includes an officer authorized by the State Government to perform all or any of the functions of the inspector under this Act;
• (f) "institution" means a Madarsa or an Oriental College established and administered by Muslim-Minorities and recognized
  

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 Dehradun a Board to be known as the Uttarakhand Madarsa Education Board.

(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, or an eminent muslim social worker, 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) one Principal of a renown muslim educational institution, up to level of Intermediate/Degree level nominated time to time, by the State Government;
• (d) one person either from Urdu University established by Uttarakhand government or from Central Urdu University (i.e. Jamia Milia University, Delhi or Aligarh Muslim University, Aligarh) or any affiliated degree college, Health or tech
  

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 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 this sub-section shall not be valid in case mentioned in clause (b) of sub-section (5) of section 3.

Provided 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 there upon become vacant.

S.6 Filling of vacancies on expiry of term of office

The State Government shall take step for the reconstitution of the Board before three months of 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-section (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 Vice-Chairperson of the Board shall preside at the meeting. When Chairperson/Vice Chairperson both were absent then the Chairperson shall be the member nominated under clause (d) and he shall preside at the meeting.

(3) All questions arising in a meeting of the Board shall be decided by majority of votes 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 (primary), Faukquania (junior highschool), Munshi (highschool-persian), Maulavi (highschool-arabic), Alim (intermediate), Kamil (graduation), Fazil (post graduation) 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 partially or otherwise and to publish them;
• (d) prescribe standard for the appointment of Urdu translators & Basic Urdu Teachers in the var
  

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 its 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 examinations; or
  • (b) making any incorrect statement, or suppressing material information or fact in the application form for admission to the examination; or
  • (c) fraud or impersonation at the examination; or
  • (d) securing admission to the examination in contravention of the rules governing admission to such examination; or
  • (
    

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, recognize any 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 Act as it deems necessary and in pa

S.14 Officers and other employees of the Board

For the purpose of enabling it efficiently to discharge ifs 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 Director/Registrar

(1) The Director/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 particular:-

• (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) shall exercise such other powers as may be prescribed by the regulations.

S.17 Appointment and constitution of committees and Sub-Committees

(1) The Board shall appoint the following committees, namely;

• (a) Curriculum Committee;
• (b) Syllabus Committee;
• (c) Examination Committee;
• (d) Result Committees;
• (e) Recognition Committee; and
• (f) 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 committee:-

• (a) head of institutions;
• (b) teachers of institutions;
• (c) Educationist:

Provided that no member of the Board shall serve on more than one of such committees, and the term of members of the committee shall cease with the cessation of the membership of the Board.

(3) In addition to the committees mentioned in sub-section (1) the Board may appoint such other committees and sub-committees as may be prescribed by regulations.<

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-Chairperson or by such Committee or officer in such cases and subject to conditions, as may be specified therein.

S.19 Superintendent of a 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 Board to make regulations

(1) The Board may make regulations for carrying out the purpose 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 sub-committees;
• (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 Certificates;
• (f) the fees for admission to the examination of the Board;
• (g) the conduct of examination;
• (h) the appointment of examiners, moderators, collators, scrutinizers, tabulators, Centre inspectors, Superintendents of Centers
  

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 or other instrument, there shall be a Scheme of Administration for every institution, whether recognized 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 be 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 change concerning his personal conduct is under discussion.

(3) The Scheme of Administration shall also describe subject to any regulation, the resp

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 Committee 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;
• (b) the scales of pay and payment of salaries;

S.25 Casual vacancies

All casual vacancies among the Members other that than ex-officio 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 or recession of any bye-law made by a Committee under this section and the Committee shall give effect to any such direction.

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 ifs 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 power conferred by or under this Act shall be called in question in any court.

S.29 Fund of 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 authorized 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 there on 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 Uttarakhand Act.

S.32 Power to make rules

The State Government may, by notification, make rules for carrying out the purposes of this Act.