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State of Assam - Section

Section 4 in Assam Venture Madrassa Educational Institutions (Provincialisation of Services) Act, 2011

4. Eligibility criteria for selection of Venture Madrassa Educational Institutions 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 its employees:-
(i)the Venture Madrassa Educational Institutions which have been established by the people of the locality and had obtained the required permission and recognition from the State Madrassa Education Board, before 1.1.2006; and
(ii)it has a minimum enrolment of 20 students in the highest class i.e. class-VIII (Pre-Senior 3rd year) if it is Pre-Senior madrassa; 15 students in class XI (Intermediate class) if it is Senior Madrassa upto Intermediate Stage, and 10 students in F.M. Final year class if it is a Senior Madrassa upto F.M. stage; and a minimum enrolment of 7 students in M.M. Final year class if it is a Title Madrassa or an Arabic College, during last three sessions from the date of commencement of this Act; and
(iii)in case of a Senior Madrassa (upto Intermediate stage of F.M. stage) or an Arbic College or a Title Madrassa, the concerned Madrassa Educational Institution must have a consistent good academic performance which would mean that a least 20% of the candidates appearing for the final examination must have passed in any three examinations held since 1.1.2006.
(2)The concerned Madrassa Educational Institution mush have required infrastructure as specified in section 10 of the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006.
(3)An institution, which does not have the required infrastructure specified in sub-section (2) above, may be considered as eligible for provincialisation of the services of its employees, provided such institution acquires the required infrastructure within two years from the date of commencement of this Act.
(4)Subject to the provisions of the Right of Children to Free and Compulsory Education Ac, 2009 in case of all Pre-Senior Madrassa Educational Institutions and in case of all other Madrassa Educational Institutions subject to the provisions of the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006, a Madrassa Educational Institution which does not fulfil the eligibility criteria as on the date of coming into force of this Act or does not acquire eligibility under sub-section (3) above within within two years period as aforesaid shall not be eligible to be considered for provincialasiation of the services of its employees, but may be allowed to run as a Private Institution or a Non-Government Educational Institution.
(5)Save and except an institution covered under Article 30 of the Constitution of India which is already getting financial assistance or grants-in-aid, no 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.