Bihar State Madarsa Education Board (Amendment) Act, 2024

Short title, extent and commencement

1. (i) Name of the Act: This Act may be called Bihar State Madarsa Education Board (Amendment) Act, 2024.
2. (ii) It shall extend to the whole of the State of Bihar.
3. (iii) It shall come into force immediately on publication in the official gazette.

Substitution of section 7 (2)

1. (n) of the Bihar State Madarsa Education Board Act, 1981.—Section 7 (2)
2. (n) of the said Act shall be substituted as follows:- “(n) to get the Managing Committee of Madarsa constituted in a manner so as to include the Head Moulvi, nine donor representatives, one teacher representative, two guardian representatives and one member nominated by the Board and three other persons interested in Madarsa Education or Islamic studies co-opted by the above fourteen members.”.

Amendment in Section 6. A new sub-section

1. (3) shall be added in Section 6 of the existing Act. Notwithstanding the tenure prescribed in the section 6 (1), the State Government shall have the power to dissolve the Board any time if it is satisfied that the dissolution is in the larger public interest to make the functioning of the Board consistent with the aim and object of the Act.

Amendment in Section 10: Section 10

1. (2) shall be substituted as follows: No person shall be eligible for appointment as Chairman unless he holds adequate experience under the Central or State Government or Public Administration in any Government Institution or unless he has teaching or research experience of not less than 10 years in any educational institutional imparting education at post-graduate standard or is a reputed scholar in Arabic, Persian or Islamic studies.

Amendment in Section 29:

1. (i) A new sub-section

1. (6) shall be added in Section 29 of the existing Act. (6)
   • (a) With effect from the date, the Act comes into force the existing Bihar State Madarsa Education Board shall stand dissolved.
   • (b) On dissolution of existing Bihar State Madarsa Education Board under above Sub-sec tion 6
   • (a) the State Government in Department of Education shall appoint an Administrator not below the rank of Secretary to the Government to manage the affairs of the Board.
     • (ii) A new Sub-Section
2. (7) shall be added as follows: (7)
   • (a) Upon dissolution of the Board, the State Government shall constitute a Committee of experts to study and make recommendation for re-organization

and re -structuring of Madarsa Education with a view to make it consistent with

National Education Policy and introduce curriculum of education to strengthen the present teaching in various modern subjects including Science, Humanities

and also to include other vocational subjects.

1. (b) The Committee of expert shall be constituted by the State Government comprising of not more than 5 members of whom at least one shall be person possessed of adequate knowledge of Urdu, Persian, Arabic and oriental studies. The Committee shall submit its recommendation to the State Government within a period of one month from the date of Constitution. All logistic support to the Committee shall be provided by Education Department, Government of Bihar.
2. (c) On the recommendation submitted by the Committee, it shall be examined by the State Government in the Department of Education and shall be accepted with such modification as deemed necessary in the interest of Madarsa Education.
   • (iii) New Sub-section

1. (8) shall be added as follows:
2. (8) The State Government shall constitute a new Madarsa Education Board latest within a period of three months from the date of its dissolution.

Amendment in Section 31: Section 31 shall be substituted as follows: 31

1. (i) If any difficulty arises in giving effect to the provisions of the existing act or this amending Act, the State Government may make such order or do such things not inconsistent with the provisions of the existing Act or the Amending Act as it appears to be necessary or expedient for removing the difficulty.
2. (ii) The State Government may issue appropriate direction for accomplishing the task entrusted to the Committee. The Stat Government may also issue such direction as deemed necessary for carrying out objects of the existing or the Amending Act to the administrator and the administrator shall be bound by such direction of the State Government. 1. Short title, extent and commencement Short title, extent and commencement
3. (i) Name of the Act: This Act may be called Bihar State Madarsa Education Board (Amendment) Act, 2024.
4. (ii) It shall extend to the whole of the State of Bihar.
5. (iii) It shall come into force immediately on publication in the official gazette. 2. Substitution of section 7 (2)

1. (n) of the Bihar State Madarsa Education Board Act, 1981 Substitution of section 7 (2)
2. (n) of the Bihar State Madarsa Education Board Act, 1981.—Section 7 (2)
3. (n) of the said Act shall be substituted as follows:- “(n) to get the Managing Committee of Madarsa constituted in a manner so as to include the Head Moulvi, nine donor representatives, one teacher representative, two guardian representatives and one member nominated by the Board and three other persons interested in Madarsa Education or Islamic studies co-opted by the above fourteen members.”. 3. Substitution of section 24 of the Bihar State Madarsa Education Board Act, 1981 Substitution of section 24 of the Bihar State Madarsa Education Board Act, 1981.—Section 24 of the said Act shall be substituted as follows:- “24. Services of teachers and non-teaching staff:-

1. (1) The services of the approved teachers and non-teaching staff of a recognised Madarsa shall be under the supervision of the Management Committee of the concerned Madarsa.
2. (2) An appeal against an order of discharge or dismissal from service of any teaching / non-teaching staff passed by the Managing Committee may be preferred before the Board within three months from the date of passing such order. Upon filing of such appeal especially, in cases where such order of discharge or dismissal has been passed without following the principles of natural justice or is prima facie mala fide in nature, the Board shall call for entire service records of the appellant and upon hearing the parties may pass such orders, for reasons to be recorded in writing, in the interest of justice. The orders passed by the Board shall be binding upon the concerned Madarsas.”