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State of Rajasthan - Act

THE RAJASTHAN MADARSA BOARD ACT, 2020

RAJASTHAN
India

THE RAJASTHAN MADARSA BOARD ACT, 2020

Act 24 of 2020

Published in Rajasthan Gazette on 23 September 2020
Commenced on 23 September 2020
[This is the version of this document from 23 September 2020.]

‍भाग 4 (क) ‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍राजस्‍थान र राज-पत्र,‍शसतम्‍बर‍2,, 2222 ‍‍‍ 353

32. वयािृक्ततयां.- कोई डदरसा जो सरकार क

े आदेश सां. प.16(1)प्रा.शश./2002 ददन राांक 27.1.2003द्िारा गदित राजस्थान र डदरसा बो व द्िारा रश्जस्ट्रीकृ त है और इस िधियन र।ड के प्रारांभ से िीक पूिव इस प्रकाररश्जस्ट्रीकृ त है इस िधियन र।ड के उपबांिों के िन रुसार रश्जस्ट्रीकृ त कक।ा ग।ा सडझा जा।ेगाविन रोद कु डार भारिान री,प्रमुख शासन सधचि।LAW (LEGISLATIVE DRAFTING) DEPARTMENT(GROUP-II)NOTIFICATIONJaipur, September 23, 2020No. F. 2(4)Vidhi/2/2020.- In pursuance of Clause (3) of Article 348 of theConstitution of India, the Governor is pleased to authorise the publication in the RajasthanGazette of the following translation in the English language of Rajasthan Madarsa BoardAdhiniyam, 2020 (2020 Ka Adhiniyam Sankhyank 24) :-(Authorised English Translation)THE RAJASTHAN MADARSA BOARD ACT, 2020(Act No. 24 of 2020)(Received the assent of the Governor on the 22ndday of September, 2020)AnActto establish a Board of Madarsa Education in the State of Rajasthan and to provide formatters connected therewith or incidental thereto.Be it enacted by the Rajasthan State Legislature in the Seventy-first Year of theRepublic of India, as follows:-

Chapter I
Preliminary

1. Short title, extent and commencement.- (1) This Act may be called the Rajasthan

Madarsa Board Act, 2020.

(2)It extends to the whole of the State of Rajasthan.

(3)It shall come into force on such date as the State Government may by notificationin the Official Gazette, appoint.

2. Definitions.- In this Act, unless the context otherwise requires,-

(a)"Advisory Committee" means the Advisory Committee constituted under

section 21;

(b)"Board" means the Rajasthan Madarsa Board established under section 3;

(c)"Chairperson" means the Chairperson of the Board;

354. राजस्‍

थान र राज-पत्र, शसतम्‍बर‍2,, 2222 ‍‍‍‍‍‍‍‍‍‍‍‍ भाग 4 (क)

(d)"Competent Authority" means the Authority specified by notification in the

Official Gazette by the State Government to hear the appeal preferred undersection 26;

(e)"Fund" means the Fund constituted under section 18;

(f)"Head Master/Principal" means the head of the teaching staff of a Madarsa, by

whatever name he may be designated;

(g)"Madarsa" means an educational institution registered with the Madarsa Board

and imparting instruction in Madarsa Education;

(h)"Madarsa Education" means a system of education which includes studies in

Islamic history and culture, and theology, and also includes general educationwhich prepares the student to appear for exams conducted by Central Board ofSecondary Education, Council for the Indian School Certificate Examinations,Rajasthan Board of Secondary Education or Secondary Education Boards ofother States;

(i)"Madarsa Management Committee" means the person or the body of persons for

the time being entrusted with the management of the affairs of the Madarsa;

(j)"Majority" means the majority votes of the members including Chairperson,

present and voting in the meeting of the Board;

(k)"Member" means a member of the Board under this Act;

(l)"Prescribed" means prescribed by rules made under this Act;

(m)"Regulations" mean regulations made under this Act;

(n)"Rules" mean rules made under this Act;

(o)"Secretary" means the Secretary of the Board;

(p)"Sadar" means the head of the Madarsa Management Committee;

(q)"Social Worker" means a person who is engaged in the field of social work and

social, economical, psychological and educational upliftment of the society;

(r)"State Government" means the Government of Rajasthan; and

(s)"Teacher" means a person appointed for imparting instruction and includes a

Shiksha Sahyogi and the Head Master/Principal.

Chapter II
The Board

3. Establishment and incorporation of the Board.- (1) With effect from such date

as the State Government may, by notification in the Official Gazette, appoint, establish aBoard to be called the Rajasthan Madarsa Board.

(2)The headquarters of the Board shall be at Jaipur.

(3)The Board shall be a body corporate with perpetual succession and a common sealand shall have power to acquire and hold property, both movable and immovable, and subjectto the approval of the State Government, to transfer any property held by it and to enter intocontract and to do all other things necessary for, or conducive to the purposes of this Act andmay sue or be sued in its corporate name.‍भाग 4 (क) ‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍राजस्‍थान र राज-पत्र,‍शसतम्‍बर‍2,, 2222 ‍‍‍ 355

4. Constitution of the Board.- (1) The Board shall consist of the following, namely:-

(a)Chairperson appointed by the State Government;(b)the Secretary Incharge of the Minority Affairs and Waqf Department, Rajasthanor his nominee not below the rank of Joint Secretary to the Government, ex-officio member;(c)the Secretary Incharge of the Finance Department, Rajasthan or his nominee notbelow the rank of Joint Secretary to the Government, ex-officio member;(d)the Secretary Incharge of the Social Justice Department, Rajasthan, or hisnominee not below the rank of Joint Secretary to the Government, ex-officiomember;(e)the Secretary Incharge of the Department of Personnel, Rajasthan, or hisnominee not below the rank of Joint Secretary to the Government, ex-officiomember;(f)the Director, Directorate of Minority Affairs, Rajasthan ex-officio member;(g)the Secretary Incharge of the Education Department, Rajasthan or his nomineenot below the rank of Joint Secretary to the Government, ex-officio member;(h)the Director, State Council of Educational Research and Training, Rajasthan,ex-officio member;(i)the Secretary, Board of Secondary Education, Rajasthan, ex-officio member;(j)the Chief Executive Officer, Waqf Board, Rajasthan, ex-officio member;(k)one person from Teaching Faculty of Urdu/Arabic or Persian Language fromany State University of Rajasthan, nominated by the State Government,member;(l)six Sadars, at least two of them shall be women, of the Madarsa ManagementCommittee nominated by the State Government, member; and(m)four social workers, at least one of them shall be a woman, of repute fromthe Muslim Community nominated by the State Government, member.Explanation.- For the purposes of this sub-section expression "Secretary Incharge"means the Secretary to the Government Incharge of a department and includes an AdditionalChief Secretary or a Principal Secretary when he is Incharge of a department.

(2)All the appointments and nominations under sub-section (1) shall be made by thenotification published in the Official Gazette.

5. Terms and conditions of the service of Chairperson.- (1) The Chairperson shall

be an eminent educationist or a social worker of repute.

(2)The Chairperson shall hold office for a period of three years from the date of hisappointment or until the pleasure of the State Government, whichever is earlier.

(3)The Chairperson may resign his office by writing under his hand addressed to theState Government, and shall vacate his office with effect from the date on which hisresignation is accepted by the State Government.

(4)The Chairperson shall cease to hold office if, at any time, he becomes subject toany of the disqualifications, referred to in sub-section (1) of section 7.

356. राजस्‍

थान र राज-पत्र, शसतम्‍बर‍2,, 2222 ‍‍‍‍‍‍‍‍‍‍‍‍ भाग 4 (क)

(5)The salary and allowances payable to the Chairperson shall be such as may beprescribed.

(6)The other conditions of service of the Chairperson shall be such as may beprescribed.

6. Terms and conditions of the service of the members.- (1) A member, other than

ex-officio member, shall hold office for a period of three years from the date of hisnomination or until the pleasure of the State Government, whichever is earlier.

(2)A member, other than ex-officio member, may resign his office by writing underhis hand addressed to the State Government and shall vacate his office with effect from thedate on which his resignation is accepted by the State Government.

(3)A member, other than ex-officio member, shall cease to hold office if, at any time,he becomes subject to any of disqualifications referred to in sub-section (1) of section 7.

(4)The salary and allowances payable to the nominated members shall be such asmay be prescribed.

(5)The other conditions of service of the members shall be such as may beprescribed.

7. Disqualifications.- (1) A Chairperson and a member shall be disqualified for being

appointed or nominated as a Chairperson or, as the case may be, a member of the Board, ifhe-(i)has been adjudged by a competent court to be of unsound mind;(ii)is an undischarged insolvent;(iii)has been convicted and sentenced to imprisonment for an offence which, inthe opinion of the State Government, involves moral turpitude;(iv)has, in the opinion of the State Government, so misused the position ofChairperson or member as to render that person’s continuance in officedetrimental to the interest of minorities or the public interest.

(2)If a Chairperson or a member becomes after his appointment/nomination, subjectto any of the disqualifications specified in sub-section (1), his membership shall thereuponcease with effect from such date as the State Government may direct.

8. Filling of Vacancies.- (1) In the event of any vacancy in the office of the

Chairperson or a nominated member by reason of death, resignation or otherwise, suchvacancy shall be filled by the State Government by fresh appointment or, as the case may be,nomination.

(2)Where the office of the Chairperson becomes vacant by reason of leave,suspension or otherwise, the State Government may, by order, authorize a member toexercise the powers and perform duties of Chairperson till the new Chairperson assumes hisduties.

9. Meetings of the Board.- (1) The Board shall meet at such times, not less than four

times in a year, as may be decided by the Chairperson.‍भाग 4 (क) ‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍राजस्‍थान र राज-पत्र,‍शसतम्‍बर‍2,, 2222 ‍‍‍ 357

(2)Any urgent issue may be considered by the Board through circulation mode,subject to the ex post facto approval of the Board.

(3)The Chairperson may invite any person to the meeting whose assistance or adviceit may desire to obtain in performing any of its functions under this Act:Provided that the person so invited under sub-section (3) shall have a right to take partin such meeting, but shall not have a right to vote.

(4)The quorum for the meeting of the Board shall be one-third of the total number ofmembers.

(5)Any issues and questions which may come up before any meeting of the Boardshall be decided by a Majority.

Chapter III
Powers and Duties of the Chairperson

10. Powers and duties of the Chairperson.- (1) It shall be the duty of the

Chairperson of the Board to ensure the strict observance of provisions of this Act and therules thereof.

(2)The Chairperson shall be responsible for carrying out, and giving effect to, thedecisions of the Board and of any Committee constituted under this Act.

(3)The Chairperson shall exercise general supervision over the Secretary and theother officers and employees appointed by the Board.

(4)The Chairperson of the Board shall exercise such other powers and discharge suchother duties as may be prescribed.

Chapter IV
Powers and Functions of the Board

11. Powers and functions of the Board.- (1) It shall be the duty of the Board to

advise the State Government on all matters relating to Madarsa Education.

(2)Subject to the provisions of this Act and the rules made thereunder, any general orspecial orders of the State Government, the Board shall have power to direct and superviseMadarsa Education and in particular shall exercise the following powers and discharge thefollowing functions, namely:-

(a)to grant or refuse registration to Madarsa and to deregister a Madarsa, if it

thinks fit and necessary;

(b)to upgrade an existing Madarsa, if it thinks fit and necessary;

(c)to maintain all records relating to registered Madarsas in accordance with the

regulations made in this behalf;

(d)to prescribe courses, curriculum and pedagogy;

(e)to prescribe text books and other teaching material;

(f)to arrange for the conduct of examinations including Board level examinations;

358. राजस्‍

थान र राज-पत्र, शसतम्‍बर‍2,, 2222 ‍‍‍‍‍‍‍‍‍‍‍‍ भाग 4 (क)

(g)to develop mechanism for inspection of Madarsas, and to ensure proper

utilization of funds granted by the State Government;

(h)to supervise implementation of Central and State Government schemes in

regard to Madarsa Education;

(i)to prepare annual budget estimates and accounts of the Board for the approval

of the State Government;

(j)to perform such other functions as may be entrusted to it by the State

Government; and

(k)to make regulations relating to conduct and discipline of officers and

employees of Madarsa Board and teachers of Madarsas.

12. 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 beexercised by its Chairperson or by such Committee or officer in such cases and subject tosuch conditions, as may be specified therein.

Chapter V
Officers of the Board

13. The Secretary.- (1) The Secretary shall be appointed by the State Government,

who shall be an officer of the Rajasthan Administrative Service.

(2)Subject to the general control and supervision of the Chairperson, the Secretaryshall be the principal administrative officer of the Board and shall be entitled to participate inthe meetings of the Board but shall not be entitled to vote thereat. He shall be responsible forrecording the proceedings of the meetings of the Board.

14. The Accounts Officer.- (1) The State Government shall appoint an Accounts

Officer who shall be an officer of the Rajasthan Accounts Service to supervise and controlthe finances and accounts of the Board. He shall work under the overall supervision of theSecretary of the Board.

(2)He shall-

(i)be responsible for the preparation of the Budget and for the presentation

thereof to the Board;

(ii)administer the Fund of the Board;

(iii)supervise and control the expenditure of the Board; and

(iv)ensure that no expenditure not authorized in the Budget is incurred by the

Board.

15. Other officers and employees of the Board.- (1) For the purpose of enabling the

Board to efficiently discharge its functions under this Act the State Government may deputesuch number of officers and other employees, as it may deem fit.

(2)The State Government may also create such number and category of posts ofofficers and other employees in the Board as it may consider necessary to carry out itsfunctions under this Act and may make appointment thereto.‍भाग 4 (क) ‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍राजस्‍थान र राज-पत्र,‍शसतम्‍बर‍2,, 2222 ‍‍‍ 359

(3)The salary and allowances and other terms and conditions of service of the officersand employees of the Board, appointed under this section, shall be such as may be prescribed.

16. District Level Office.- Subject to the control and supervision of the Board, the

office of the District Minority Welfare Officer, under the Department of Minority affairs,shall also function as the district level office for the purpose of implementing schemes andprograms of the Board and to inspect and monitor Madarsas on behalf of the Board.

Chapter VI
Budget and Finances of the Board

17. Budget.- (1) The Board shall cause to be prepared, in such form and at such time

in each financial year as may be prescribed, its budget for the next financial year, showingthe estimated receipts and expenditure of the Board and after its approval forward the same tothe State Government.

(2)No sum shall be expended by or on behalf of the Board unless the expenditure ofthe same is covered by the budget provisions approved by the State Government.

18. Fund.- (1) There shall be established a Fund to be called Madarsa Board Fund,

hereinafter referred to as the 'Fund'.

(2)The following moneys shall form part of, and be paid into, the Fund, namely:-

(i)any grants received from the State Government or the Central Government;

(ii)any trust, bequests, donations, endowments and other grants; and

(iii)any other sums received on behalf of the Board.

(3)The Fund shall be applied strictly for the purposes of this Act and not otherwise.

19. Accounts and Audit.- (1) The accounts of the Board shall be prepared and

maintained in such form and in such manner as may be prescribed.

(2)The Accounts of the Board shall be subject to audit by the Director Local FundAudit in accordance with the provisions of the Rajasthan Local Fund Audit Act, 1954 (ActNo. 28 of 1954) or in the manner as may be prescribed by the rules.

(3)The Accounts of the Board shall be audited by any registered Chartered AccountFirm annually and its report shall be a part of annual report.

(4)The Board shall pay from their funds the charges for the audit as may beprescribed by the rules.

20. Annual Report.- (1) The Board shall prepare every year a report of its activities

under this Act during that year and submit the report to the State Government.

(2)The State Government shall, as soon as may be after the receipt of a report undersub-section (1), cause the same to be laid before the House of the State Legislature.

Chapter VII
Committees of the Board

360. राजस्‍

थान र राज-पत्र, शसतम्‍बर‍2,, 2222 ‍‍‍‍‍‍‍‍‍‍‍‍ भाग 4 (क)

21. Advisory Committee.- (1) An Advisory Committee shall be constituted as

provided hereunder to advise the Board on policy matters, issues involving finance and toreview the performance of the Board from time to time:-(i)Chief Minister of Rajasthan ex-officio Chairperson;(ii)Minister for Minority Affairs,Rajasthanex-officio Vice-Chairperson;(iii)Minister for School Education,Rajasthanex-officio Member;(iv)Minister for Finance, Rajasthan ex-officio Member;(v)Minister for Social Justice andEmpowerment, Rajasthanex-officio Member;(vi)Chairperson, Waqf Board,Rajasthanex-officio Member;(vii)Chairperson, Rajasthan MinorityCommissionex-officio Member;(viii)Chairperson, Madarsa Board,Rajasthanex-officio Member;(ix)Secretary Incharge, MinorityAffairs, RajasthanMember-Secretary.Explanation.- For the purposes of this sub-section expression "Secretary Incharge"means the Secretary to the Government Incharge of a department and includes an AdditionalChief Secretary or a Principal Secretary when he is Incharge of a department.

(2)The Chairperson may authorize the Vice-Chairperson of the Advisory Committeeto chair any meeting of the Committee.

22. Other Committees.- (1) The Board may, constitute such Committees as it may

consider necessary for its proper and efficient functioning.

(2)The composition and the terms and conditions of the services of the members ofthe Committees shall be such as may be prescribed.

(3)The Board may make regulations to regulate the powers, functions and procedureof the Committees constituted under this section.

Chapter VIII
Miscellaneous

23. Chairperson, members, officers and employees of the Board to be public

servants.- The Chairperson and all members, officers and employees of the Board shall,when acting or purporting to act in pursuance of the provisions of this Act or of any rules orregulations made thereunder, be deemed to be public servant within the meaning of section

21. of the Indian Penal Code, 1860 (Central Act No. 45 of 1860).

‍भाग 4 (क) ‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍‍राजस्‍थान र राज-पत्र,‍शसतम्‍बर‍2,, 2222 ‍‍‍ 361

24. Protection of acts done in good faith.- No suit, prosecution or other legal

proceedings shall lie against the State Government, the Board or any of its Committees orany other person in respect of anything which is done or intended to be done in good faith inpursuance of the provisions of this Act or any rule or regulation, order or direction madethereunder.

25. Power of the State Government to issue directions.- (1) The State Government

may issue such directions to the Board as it may deem necessary for the fulfilment of thepurposes of this Act and the Board shall comply with such directions.

(2)The State Government shall have power to address the Board or express its viewswith respect to anything done or purported to be done by the Board.

(3)The State Government may by order in writing, specifying the reasons thereof,suspend the execution of any resolution or order of the Board and any Committee thereof andprohibit the execution of any act intended to be done under this Act, if the State Governmentis of the opinion that such resolution, order or act is in excess of the powers conferred by thisAct or is prejudicial to the purposes of this Act.

26. Appeal against the decisions of the Board.- Any person or body aggrieved by

any decision of the Board may prefer an appeal within sixty days of passing of such order tothe Competent Authority:Provided that the Competent Authority may admit the appeal after the expiry ofthe said period of sixty days if it is satisfied that the appellant was prevented by sufficientcause from filing the appeal in time.

27. Reports.- The Board shall furnish to the State Government such reports, returns

and statements as may be prescribed and such further information on any matter relating tothe Board as the State Government may require.

28. Power of State Government to make rules.- The State Government may, by

notification in the Official Gazette, make rules to carry out the purposes of this Act.

29. Power of Board to make regulations.- The Board may, with the previous

approval of the State Government, make regulations consistent with this Act and the rulesmade thereunder, as necessary for the exercise of its powers and the discharge of functionsunder this Act.

30. Rules and regulations to be laid before the House of the State Legislature.-

Every rule and regulation made under this Act shall be laid, as soon as may be after it is somade, before the House of the State Legislature, while it is in session, for a period of not lessthan fourteen days which may be comprised in one session or in two or more successivesessions and if before the expiry of the session in which it is so laid or of the sessionimmediately following, the House of the State Legislature makes any modification in the ruleor regulation or resolves that the rule or regulation should not be made, the rule or regulationshall thereafter have effect only in such modified form or be of no effect, as the case may be,so, however, that any such modification or annulment shall be without prejudice to thevalidity of anything previously done thereunder.

362. राजस्‍

थान र राज-पत्र, शसतम्‍बर‍2,, 2222 ‍‍‍‍‍‍‍‍‍‍‍‍ भाग 4 (क)

31. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the

provisions of this Act, the State Government may by order, published in the Official Gazette,make such provisions not inconsistent with the purposes of this Act as may appears to benecessary for removing the difficulty:Provided that no such order shall be made under this section after the expiry of twoyears from the date of commencement of this Act.

(2)Every order made under this section shall be laid, as soon as may be after it ismade before the House of the State Legislature.

32. Savings.- Any madarsa registered with the Rajasthan Madarsa Board, constituted

vide Government Order No.F.16(1) Ele.Edu./2002 dated 27.1.2003 and stands so registeredimmediately before the commencement of this Act shall be deemed to be registered inaccordance with the provisions of this Act.विन रोद कु डार भारिान री,Principal Secretary to the Government.राज््‍य्‍के न्‍रीय्‍मुरणालयप्‍जयपुर।

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State of Rajasthan - Act