Section 4 in Assam Madrassa Education (Provincialisation of Services of Employees and Re-Organization of Madrassa Educational Institutions) Act, 2018
4. Eligibility criteria for selection of Venture Madrassa Educational Institution for provincialisation of services of its employees.
(1)Subject to the provisions of article 30 of the Constitution of India, the following categories of Venture Madrassa Educational Institutions shall be eligible for being considered for provincialisation of the services of their teachers and tutors :-(i)The Venture Madrassa Educational Institution which have been established by the people of the locality and which has received the required permission, recognition, affiliation, concurrence as the case may be, upto the last highest class required for the concerned Institution from the State Madrassa Education Board on or before 1.1.2006 :Provided that the order for such permission, recognition, affiliation, concurrence, etc., shall have to be issued on or before 1.1.2006 and any order issued thereafter with any retrospective effect, shall not be considered for the purpose of provincialisation of services of any teacher and tutor, as the case may be, of the institution;(ii)The land, building and other infrastructure of such Venture Madrassa Educational Institutions in case of Venture Pre-Senior Madrassa, shall be as far as practicable at par with the provisions under the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009) and Rules framed thereunder; Venture Madrassa Educational Institutions in case of Venture Senior Madrassa, Title Madrassa, Arabic Colleges shall be as far as practicable at par with the provisions under Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006 (Assam Act No. IV of 2007) and Rules framed thereunder,(iii)The concerned Venture Madrassa Educational Institution must have land in the name of the Institution with clear and exclusive title and possession over the land before 1.1.2006 and any lease or rent or donor agreement executed at any point of time, shall not be considered in any manner, for this purpose :Provided that in case of institutions situated in Forest area, Forest Possession Certificate from the competent Forest Authority certifying that the institution has been in possession of Forest Land prior to 1.1.2006 and in case of institutions situated in Tea Gardens, certificate from Tea Garden Authority certifying that the institution has been in possession of Tea Garden Land prior to 01.01.2006, shall have to be produced by the concerned educational institution before the District Scrutiny Committee constituted under section 14.(iv)Venture Madrassa Educational Institution shall have a minimum total enrolment of 30 students in a Pre-Senior Madrassa/pre-senior section of a Senior Madrassa, (from Class Pre-Senior 1st year to Pre-Senior 3rd Year), 25 students in each class of a Senior Madrassa, 15 students in FM final year class if it is Senior Madrassa and a minimum enrolment of 15 students in MM final year class if it is a Title Madrassa or an Arabic College, as on the date of coming into force of this Act;(v)In case of Senior Madrassa (upto Intermediate stage or F.M. Stage) or an Arabic College or a Title Madrassa, the concerned Madrassa Educational Institution shall have a consistent good academic performance which would mean at least 50% of the candidates appearing for the final examination as a whole must have passed in the last three consecutive examinations conducted by the Assam State Madrassa Education Board held during the previous three consecutive years prior to the date of coming into force of this Act;(vi)In addition to the provision under clause (v) above, at least 25 students in case of core subjects and at least 5 students in case of elective subjects shall have appeared in the last three years of Intermediate examination conducted by the Assam State Madrassa Education Board in each subject in case of Venture Senior Madrassa. At least 15 students in each core subject and at least 5 students in case of elective subjects shall have appeared in last three years of FM examination conducted by the Assam State Madrassa Education Board, 5 students shall have appeared in last three years of MM examination conducted by the Assam State Madrassa Education Board, in case of a Title Madrassa or an Arabic College;(vii)In case of Venture Pre-senior Madrassa there shall be six teachers or tutors, covering all theological and general subjects including Assamese Language subject Teacher/Tutor in respect of Madrassa under Brahmaputra Valley and seven teachers or tutors covering all theological and general subjects including Assamese Language subject Teacher/Tutor in respect of Madrassa in Barak Valley and there must be one Science teacher or tutor to teach Science and Mathematics subject.(viii)In case of Senior Madrassa there must be one teacher or tutor to each core subject, i.e., Mathematics, Science, English, MIL and Sodal Sciences:Provided that for additional posts it shall be considered in accordance with the norms and standard stipulated in the Schedule under sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009), if the enrolment in a particular Madrassa is more than 180 students.(ix)The enrolment shall be verified with the records of the Examination authorities. There shall be physical verification of students and checking of records of attendance of students of last three years. The enrolment shall be verified with the data as per DISE/UDISE Code 2009-10 or before as available in the records of the National University of Educational Planning and Administration, New Delhi.(2)The concerned Venture Madrassa Educational Institution must have the required infrastructure as specified in the Schedule of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009) as far as practicable and having D1SE Code for the year 2009-2010 or prior to that in case of Venture Pre-Senior Madrassa and in case all other Educational Institutions, the concerned institution must of have the required infrastructure as specified in section 10 of the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006 (Assam Act No. IV of 2007)) as far as practicable.(3)Subject to the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009), in case of a Venture Pre-senior Madrassa and, in case of all other institutions, subject to the provisions of the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006 (Assam Act No. IV of 2007), if an educational institution which does not fulfil the eligibility criteria as stated herein above on the date of coming into force of this Act, such institution, shall not be eligible to be considered for provincialisation of the services of its teachers, but, may be allowed to run as a private institution or a Non-Government Educational Institution as before subject to fulfilment of other statutory norms in force.(4)If any Venture Madrassa Educational Institution established and administered under article 30 of the Constitution of India prefers to come under the ambit of this Act and if the services of employees of such institutions are provincialised under this Act, such institutions shall not remain under the ambit of the provisions of article 30 of the Constitution of India with effect from the date of such provincialisation.(5)(a)The Government of Assam shall identify Base Madrassa/Arabic College for the purpose of provincialisation of services of employees of the Venture Madrassa Educational Institutions.(b)If any Provincialised Madrassa/Arabic College already exists within a nearby area accessible to the students of the locality, the existing provincialised Madrassa/Arabic College shall be identified as the Base Madrassa/Arabic College :Provided that in case of two or more existing provincialised Madrassa Educational Institutions are functioning within certain locality, the District Scrutiny Committee shall identify only one of such educational institutions as the Base Madrassa/Arabic College, considering the existing infrastructure and other amenities and facilities available in such madrassa educational institution.(6)All the employees and the students of an Educational Institution provincialised under this Act shall be merged with the Base Madrassa, to fulfil and maintain norms and all other statutory requirements for the purpose to re-organise in education sector in all levels. The Base Madrassa/Arabic College can be an existing provincialised Madrassa or it may be a Venture Madrassa Educational Institution eligible for provincialisation under this Act having adequate infrastructure :Provided that the existing provincialised Madrassa/Arabic College shall be preferred over a Venture Madrassa Educational Institution for identification as a Base Madrassa/Arabic College.(7)Madrassa Educational institutions which are running professional courses and private institution run with the fees realised from the students shall not be considered for provincialisation of services of the teachers under this Act.(8)Save and except an institution covered under article 30 of the Constitution of India which is already getting financial assistance or grants-in-aid from the Government, no other Private or Non-Government Madrassa educational institution shall be entitled to get any aid or assistance from the State Government in any form with effect from the date of coming into force of this Act.(9)If any eligible Venture Madrassa Educational Institution intends to remain outside the purview of provincialisation of services of their employees under this Act, such institution shall give their option in writing expressing their intention to remain outside the purview of this Act, before the District Scrutiny Committee within one year from foe date of coming in to force of this Act. However, these institutions shall have to obtain permission and recognition as prescribed under section 16(1) of this Act.
