Uttarakhand Minotity Education Act, 2025

(1) This Act may be called the Uttarakhand Minority Education Act, 2025. (2) It shall come in to force on such date as the State Government may, by notification in the Official Gazette, appoint. (3) It extends to the whole of the State of Uttarakhand.

In this Act, unless the context otherwise requires,— (a) "Authority" means the Uttarakhand State Minority Education Authority; (b) "Council" means the Uttarakhand School Education Council; (c) "Chairman" means the Chairman of the Authority; (d) "Educational Institution" means an educational institution up to Higher Secondary/Intermediate level affiliated with the Council; (e) "Member" means a member of the Authority; (f) "Minority Community" for the purposes of this Act means Muslim or Christian or Sikh or Buddhist or Jain or Parsi community; (g) "Minority Educational Institution" means such an educational institution which is established and administered by a minority community and which is recognized as such by the Authority; and (h) "Prescribed" means prescribed by rules made under this Act. (h) "prescribed" means prescribed by rules made under this Act.

(1) It shall be mandatory to obtain recognition as a Minority Educational Institution from the Authority for any educational institution established by a minority community to provide education related to its religion. (2) Subject to the provisions contained in this Act, any Minority Educational Institution may, in addition to the subjects permitted and prescribed by the Council, teach specific additional subjects related to its religion, which shall be in accordance with the standards, quality and subject matter determined by the Authority. (3) For additional subjects taught under sub-section (2), every Minority Educational Institution shall, under the overall supervision of the Authority, conduct examinations, evaluate the performance of students and make arrangements to issue necessary certificates. (4) The certificate issued by a Minority Educational Institution under sub-section (3) shall be in addition to the certificate issued by the Council, and it shall be mentioned therein that the institution is recognized by the Authority.

A Madarsa, recognized by the Uttarakhand Madarsa Education Board on the date of commencement of this Act, may continue to impart education until the end of the academic session 2025-26 in accordance with provisions contained in the Uttarakhand Madarsa Education Board Act, 2016 and Uttarakhand Non-Government Arabic and Persian Madarsa Recognition Regulations, 2019: Provided that for the purpose of imparting religious education by any such Madarsa from the academic year 2026-27 onwards, it shall be necessary to obtain re-recognition from the Authority constituted under this Act, subsequent to being duly affiliated with the Board.

The State Government shall establish an Authority in the State of Uttarakhand, which shall be known as the Uttarakhand State Minority Education Authority.

(1) The Authority shall consist of a Chairman nominated by the State Government and eleven members. (2) The Chairman shall be an educationist having more than fifteen years of teaching experience, including at least five years of experience as a Professor in higher education institutions. (3) Out of the eleven members, six members shall belong to minority communities and shall, as far as possible, include one member from each of the communities mentioned in clause (ch) of sub-section 2. Such member shall be an educationist having more than ten years of teaching experience in higher education institutions in the subject related to the religion for which the basic texts of his religion were written, or the language in which they were written, including at least three years of experience as a Professor. (4) The other five members shall include the following: (a) A retired officer of the Uttarakhand Government who has worked on a post equivalent to or higher than Secretary to the Government; (b) A social worker having at least ten years of experience in the field of school education; (c) Director-General, School Education, Uttarakhand (ex-officio); (d) Director, State Council of Educational Research and Training, Uttarakhand (ex-officio); and (e) Director, Minority Welfare, Uttarakhand (ex-officio)-Member Secretary.

(1) The Chairperson as well as each Member shall hold office for a term of five years from the date on which she/he assumes office: Provided that the Government of Uttarakhand may, by notification, extend the term of the Chairperson or a Member for a period not exceeding three years. (2) The Chairperson or a Member may, by writing, resign from her/his office at any time and she/he shall cease to hold office from the date of acceptance of her/his resignation by the Government of Uttarakhand. (3) The salaries, allowances and terms & conditions of service of the Chairperson and Members (other than ex-officio members) shall be as determined/prescribed by the Government of Uttarakhand.

The Government of Uttarakhand may remove the Chairperson or a Member from the office (other than an ex-officio member), if the person holding such an office - (a) becomes insolvent; or/and (b) is convicted and sentenced to imprisonment for a term of six months or more; or/and (c) becomes of unsound mind and stands so declared by a competent court; or/and (d) is, without obtaining leave of absence, absent in three consecutive meetings of the Authority; or/and (e) in the opinion of the Government of Uttarakhand, has so abused the position of Chairperson or Member, as the case may be, to render that person's continuance in office detrimental to public interest: Provided that no person shall be removed under this section without giving the person an opportunity of being heard in the matter.

(1) For efficient discharge of its functions, the Authority may appoint such number of officers and other employees as may be prescribed/approved by the Government of Uttarakhand. (2) The salaries, allowances and terms & conditions of service of the officers and other employees shall be prescribed/determined by the Government of Uttarakhand.

(1) The Authority shall meet at least once a quarter and depending on the necessity, more frequently or at any time as the Chairperson thinks fit. (2) The Chairperson and, in her/his absence, the senior most official amongst ex-officio members shall preside the meeting. (3) All questions arising in a meeting of the Authority shall be decided by majority of votes of the Chairperson and the Members, present and voting, and in case of equality of votes, the senior most official amongst ex-officio members present in the meeting shall decide the matter.

(1) The Authority shall act as a Competent Authority for granting the recognition to minority educational institution under this Act. (2) The Authority shall develop a curriculum for subjects related to the religions and/or languages of the minority community to be taught to the students of the minority community registered in the educational institutions of the minority community. For this purpose, the Authority shall, as far as possible, within 30 days from the date of its constitution, form a sub-committee/sub-committees from among its members, which shall develop the curriculum within the next six months. (3) Approval from the Board of School Education, Uttarakhand shall be obtained for the above-mentioned curriculum.

तत्समय प्रवृत्त किसी अन्य विधि में निहित किसी बात के होते हुए भी, प्राधिकरण- (1) अल्पसंख्यक शैक्षणिक संस्थान के रूप में मान्यता प्रदान करेगा, यदि इस संबंध में किसी शैक्षणिक संस्थान से प्राप्त आवेदन सही पाया जाता है; (2) अल्पसंख्यकों के छात्रों को आधुनिक शैक्षिक अवसर प्रदान करने और अल्पसंख्यक शैक्षणिक संस्थानों में शिक्षा की उत्कृष्टता को सुगम बनाने में परिषद को सभी आवश्यक सहायता प्रदान करेगा, जिससे अल्पसंख्यक समुदायों के छात्रों का कल्याण सुनिश्चित होगा; (3) जब भी उत्तराखण्ड सरकार द्वारा अपेक्षा की जाये, धारा 11 में निहित प्रावधानों के अनुरूप गठित उप समिति/उप समितियों की अनुशंसा के आधार पर, उत्तराखण्ड विद्यालय शिक्षा परिषद् के अनुमोदन से पाठ्यक्रम को संशोधित और अधिसूचित करेगा; (4) धारा 3 की उपधारा (2) से आच्छादित अतिरिक्त विषयों से संबंधित परीक्षाएं आयोजित करने, छात्रों के प्रदर्शन का मूल्यांकन करने और उन्हें प्रमाण-पत्र जारी करने के तरीके के बारे में अल्पसंख्यक शैक्षणिक संस्थानों को मार्ग दर्शन प्रदान करेगा, उनका पर्यवेक्षण करेगा और उन्हें निर्देश देगा; (5) अल्पसंख्यक समुदायों के छात्रों के समग्र कल्याण को ध्यान में रखते हुए अल्पसंख्यक शैक्षणिक संस्थानों की शिकायतों पर कार्यवाही करेगा; और (6) ऐसे अन्य कार्य करेगा और कदम उठाएगा जो प्राधिकरण के सभी या किसी भी उद्देश्य की प्राप्ति के लिए आवश्यक, प्रासंगिक या सहायक हों।

(6) do such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Authority.

On receipt of an application from an educational institution for recognition as a minority educational institution, the Authority shall have the power to officially recognize an educational institution as a minority educational institution or reject an application made for this purpose based on the necessary conditions enumerated in section 14.

The Authority shall grant the recognition as a minority educational institution only if the following conditions are fulfilled by the applicant educational institution - (a) The educational institution is established and administered by a minority community; (b) The educational institution is affiliated with the Board; (c) The educational institution is managed by a body either registered as a Society under The Societies Registration Act, 1860 or as a Trust under The Indian Trusts Act, 1882 or as a non-profit making company under Section 8 of The Companies Act, 2013; (d) The title/registered lease of the land on which the educational institution is established is in the name of the Society/Trust/Company registered under sub-section (c); (e) All financial transactions of the educational institution necessarily take place through a bank account opened in the name of that institution in a commercial bank; (f) The Managing Committee/Trustees/Directors of the Society/Trust/Company, as the case may be, and the Governing body of the educational institution, wholly or substantially consist of persons belonging to the related minority community; (g) The aim and objectives of the Society/Trust/Company registered under sub-section (c) clearly specify that it is meant to primarily serve the interest of the minority community to which it belongs; (h) The minority educational institution shall not compel its students or employees to take part in any of its religious activities; (i) The minority educational institution shall appoint teachers as per the qualifications laid down by the Board; (j) In all academic, administrative and financial matters, the rules and regulations laid down or directions issued by the Board and the Authority, from time to time, shall be wholly applicable to minority educational institutions; (k) The minority educational institution shall not do anything which may come in the way of communal and social harmony.

(1) अल्पसंख्यक शैक्षणिक संस्थान के रूप में मान्यता प्राप्त करने हेतु शैक्षणिक संस्थान, प्राधिकरण द्वारा विहित प्रपत्र में आवेदन प्रस्तुत करेगा। (2) आवेदन पर कार्यवाही करने और संस्थान के निरीक्षण के लिए उत्तराखण्ड सरकार द्वारा निर्धारित शुल्क लिया जाएगा। मान्यता के नवीनीकरण के मामले में भी उत्तराखण्ड सरकार द्वारा निर्धारित शुल्क लिया जाएगा। (3) प्राधिकरण, धारा 14 में उल्लिखित शर्तों के अनुसार अल्पसंख्यक शैक्षणिक संस्थान के रूप में मान्यता हेतु आवेदन की जाँच करेगा और यदि आवश्यक हो, तो शैक्षणिक संस्थान का निरीक्षण करेगा। (4) प्राधिकरण द्वारा दी गई मान्यता तीन शैक्षणिक सत्रों की अवधि के लिए वैध होगी। (5) अल्पसंख्यक शैक्षणिक संस्थान, वैधता अवधि की समाप्ति से कम से कम तीन माह पूर्व, मान्यता के नवीनीकरण के लिए प्राधिकरण को आवेदन करेगा।

अल्पसंख्यक शैक्षणिक संस्थान के रूप में मान्यता प्रदान करने के पश्चात् किसी भी समय, प्राधिकरण, संस्थान को सुनवाई का उचित अवसर प्रदान करने के पश्चात्, ऐसी मान्यता समाप्त कर सकता है यदि वह पाता है कि- (क) धारा 14 में उल्लिखित किसी भी शर्त का उल्लंघन हुआ है; और/या (ख) शुल्क, दान, अनुदान या किसी अन्य वित्त-पोषण स्रोत से प्राप्त धनराशि का दुरुपयोग हुआ है।

(1) Government of Uttarakhand shall have the power to address the Authority with reference to any work conducted or done by the Authority and to communicate to the Authority its views on any matter with which the Authority is concerned. (2) If on the issues relating to sub-section (1), the Authority does not, within a reasonable time, take action to the satisfaction of the Government of Uttarakhand, it may after considering any explanation furnished or representation made by the Authority, issue such directions consistent with this Act, as it may think fit, and the Authority shall comply with such directions. (3) Whenever, in the opinion of the Government of Uttarakhand, it is necessary or expedient to take immediate action, it may, without making any reference to the Authority under the foregoing provisions, pass such order or take such other action consistent with this Act as it deems necessary and in particular, may by such order, modify or rescind any action taken or order passed by the Authority or make any regulation in respect of any matter and shall forthwith inform the Authority accordingly; the Authority shall be duty bound to comply with the same.

Notwithstanding anything inconsistent therewith contained in any other Act or rules/regulations made by Uttarakhand State, the provisions of this Act, shall be valid and effective.

(1) The Government of Uttarakhand may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act. (2) Every rule made under this section shall as soon as may be laid before the State Legislative Assembly.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government of Uttarakhand may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the State Legislative Assembly.

(1) The Uttarakhand Madarsa Education Board Act, 2016 and Uttarakhand Non-Government Arabic and Persian Madrasa Recognition Regulations, 2019 shall stand repealed with effect from July 01, 2026: Provided that all operations, examinations and results related to the academic session 2025-26 shall continue to be governed by the provisions contained in the Uttarakhand Madarsa Education Board Act, 2016 and Uttarakhand Non-Government Arabic and Persian Madrasa Recognition Regulations, 2019: Provided further that from the date of commencement of this Act, no new registration shall take place under the Uttarakhand Madarsa Education Board Act, 2016 and Uttarakhand Non-Government Arabic and Persian Madrasa Recognition Regulations, 2019 and recognition of minority educational institution shall be granted under this Act. (2) Such repeal shall not affect- (a) any right, privilege, obligation, or liability acquired or incurred under the repealed laws; (b) any ongoing legal proceeding in respect of any such right, privilege, obligation, or liability.

In this Act, unless the context otherwise requires,— (a) "Authority" means the Uttarakhand State Minority Education Authority; (b) "Council" means the Uttarakhand School Education Council; (c) "Chairman" means the Chairman of the Authority; (d) "Educational Institution" means an educational institution up to Higher Secondary/Intermediate level affiliated with the Council; (e) "Member" means a member of the Authority; (f) "Minority Community" for the purposes of this Act means Muslim or Christian or Sikh or Buddhist or Jain or Parsi community; (g) "Minority Educational Institution" means such an educational institution which is established and administered by a minority community and which is recognized as such by the Authority; and (h) "Prescribed" means prescribed by rules made under this Act. (h) "prescribed" means prescribed by rules made under this Act.