Section 3 in Assam Madrassa Education (Provincialisation of Services of Employees and Re-Organization of Madrassa Educational Institutions) Act, 2018
3. Definitions.
- In this Act, unless the context otherwise requires, -(a)"Base Madrassa" means either an existing provincialised or a Venture Madrassa Educational Institution identified for the purpose of provincialisation of services of employee;(b)"Inspector of Schools" means the Inspector of Schools in the concerned District unless the context otherwise requires, it includes an Assistant Inspector of Schools of the same District:Provided that in case of newly created districts, the concerned district shall mean the erstwhile district until the Inspector of Schools of the newly created district is appointed;(c)"District Elementary Education Officer" means the District Elementary Education Officer of the concerned District:Provided that in case of newly created districts, the concerned district shall mean the erstwhile district until the District Elementary Education Officer of the newly created district is appointed;(d)"Deputy Inspector of Schools" means the Deputy Inspector of Schools in the concerned Sub-division;(e)"District Scrutiny Committee" means the District Scrutiny Committee constituted under section 14 for each District to recommend names of Venture Madrassa Educational Institutions along with the names of teachers and tutors whose services are considered eligible for provincialisation under this Act;(f)"DISE Code" means District Information System for Education Code prepared by the Sarba Sikhsa Abhijan, Assam and as available in the records of the National University of Educational Planning and Administration, New Delhi. It includes Unified District Information System (UDISE);(g)"employee" means and includes all serving teaching faculty of Venture Madrassa Educational Institutions who have been appointed and joined in the concerned Venture Madrassa Educational Institution before the 1st day of January, 2011 and whose services are being or would be provincialised under this Act;(h)"F.M. (Fadilul Marif)" means a course of instruction recognized by the State Madrassa Education Board, Assam in Islamic education in respect of theological subjects which is equivalent to a theological Degree Course at graduate level and in respect of general subjects equivalent to HSLC for the purpose of availing general education;(i)"M.M. (Mumtazul-Muhaddithin)" means a course of instruction recognized by the State Madrassa Education Board, Assam in Islamic education upto Post-Graduate level in theological subjects;(j)"Governing Body" means the Governing Body of an Arabic College or a Title Madrassa approved by the appropriate authority as notified by the State Government for carrying out the management of the College or the Title Madrassa, as the case may be;(k)"Managing Committee" means the Managing Committee constituted under the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No 35 of 2009) or the rules made thereunder in the case of a Pre-Senior Madrassa and in case of Senior Madrassa, the Managing Committee approved by the appropriate authority as notified by the State Government for carrying out the management of the concerned educational institution;(l)"Madrassa Education" means a system of special education in which instruction is imparted in Arabic, Urdu, Persian, Quran, Tafsir, Hadith, Fiqh, Usui, Aquaid, Mantique, Hiqmat, Balagat, Islamic History alongwith same or all general subjects like Modem Indian Language, English, Hindi, Mathematics, General Science, Social Science, Computer, Technical and Vocational education upto Secondary School level; the syllabus, curriculum and examination for which are regulated by the Madrassa Education Board, Assam, upto the level of Fadilul-Marif (F.M.) and Mumtaz-ul-Muhaddithin (M.M.);(m)"Madrassa Educational Institution" means Venture Madrassa Educational Institutions such as Pre-Senior Madrassa, Senior Madrassa, Title Madrassa and Arabic College which have been established by the people of the locality on or before 1.1.2006 and which has received permission and recognition from the State Madrassa Education Board, Assam on or before 1.1.2006 and whereof the services of the teachers have not been provincialised under any Act enacted by the State Legislature so far;(n)"Madrassa Teachers" means F.M., M.M., Intermediate and Hafiz and also includes Language Teachers, Graduate Teachers/Intermediate Teachers, Lecturers, Head Mudaris, Superintendent, Principal and any person of the Teaching faculty working in the Venture Madrassa Educational Institutions having required Educational qualifications and TET qualified, whose services are provincialised under this Act in the post of Madrassa Teachers or any other post in the Teaching faculty, but not as tutor under this Act;(o)"Newly created district" means district created by the State Government by Notification in the Official Gazette on or after 1.1.2013;(p)"Provincialisation" means taking over the liabilities for payment of salaries including dearness allowance, medical allowances and such other allowances to the Madrassa Teachers or tutors as admissible to the Government Servant of similar category and gratuity, pension, leave encashment, etc., as admissible under the existing rules to the Government Servants of the similar category of the State of Assam;(q)"Provincialised Madrassa" or "Provincialised Arabic College" means an existing provincialised Madrassa or a Venture Madrassa Educational Institution wherein the services of employees are provincialised under this Act;(r)"State Government" means the State Government of Assam in the concerned Education Department, i.e., Secondary Education Department;(s)"State Level Scrutiny Committee" means the State Level Scrutiny Committee constituted under section 14(8) of this Act to cause physical verification of the institutions as recommended by the District Scrutiny Committee for final recommendation in the matter of provincialisation;(t)"State Madrassa Education Board" means the "State Madrassa Education Board, Assam constituted under the provisions of the Assam Education Department Rules and Order;(u)"Tutor" means F.M., M.M., Intermediate and Hafiz and also includes Language Teachers, Graduate Teachers/Intermediate Teachers, Lecturers, Head Mudaris, Superintendent, Principal working as teaching faculty in the Venture Madrassa Educational Institutions who are not eligible for provincialisation of their services as Madrassa Teachers under this Act due to lack of educational qualification. However, their services are provincialised as tutor with separate terms and conditions of service to be notified by the competent administrative Department:Provided that a tutor shall not be eligible to hold the post of Head Mudaris, Superintendent, Principal as the case may be, in a Madrassa education under this Act;(v)"Venture Arabic College" means a Venture Arabic College imparting Islamic education upto F.M.(Fadilul-Marif) and upto M.M. (Mumtazul-Muhaddithin) level for Islamic education which has been established by the people of the locality on or before 1.1.2006 and which has received the required permission and recognition from the State Madrassa Education Board, Assam on or before 1.1.2006 and whereof the services of the teachers have not been provincialised under any of the Act enacted by the State Legislature so far,(w)"Venture Pre-Senior Madrassa" means a Madrassa Educational Institution imparting Islamic-cum-General education upto Upper Primary level and which has been established by the people of the locality on or before 1.1.2006 and which has also received the required permission and recognition from the State Madrassa Education Board, Assam on or before 1.1.2006 and whereof the services of the teachers have not been provincialised under any of the Act enacted by the State Legislature so far;(x)"Venture Senior Madrassa" means a Venture Senior Madrassa Educational Institution imparting Islamic and General education upto F.M. (Fadilul-Ma'rif) and includes a Senior Madrassa imparting Islamic and General education upto Intermediate stage which has been established by the people of locality on or before 1.1.2006 and which has also received the required permission and recognition from the State Madrassa Education Board, Assam on or before 1.1.2006 and whereof the services of the teachers have not been provincialised under any of the Act enacted by the State Legislature so far,(y)"Venture Title Madrassa" and "Venture Arabic College" means a Venture Title Madrassa and College respectively imparting Islamic education upto M.M. (Mumtazul-Muhaddithin) which has been established by the people of locality on or before 1.1.2006 and which has also received the required permission and recognition from the State Madrassa Education Board, Assam on or before 1.1.2006 and whereof the services of the teachers have not been provincialised under any of the Act enacted by the State Legislature so far.
