West Bengal Board of Madrasah Education (Recognition of Unaided Madrasahs) Regulations, 2010

WEST BENGAL BOARD OF MADRASAH EDUCATION

No. 5050 Date: 22nd February 2011

NOTIFICATION

In exercise of the power conferred by sub-section (3), read with clause (a) of sub-section (2), of section 20 of the West Bengal Board of Madrasah Education, Act, 1994 (West Ben. Act, XXXIX of 1994) the West Bengal Board of Madrasah Education, with the approval of State Government as required under sub – section (4) of section 20 of the said Act makes the following regulations, namely:-

Regulations

1. Short title, commencement, scope and extent

(1) These regulations may be called the West Bengal Board of Madrasah Education (Recognition of unaided Madrasahs) Regulations, 2010.

(2) These regulations shall come into force on the date of the notification in the Official Gazette.

(3) These regulations shall be applicable to institution seeking recognition as unaided Junior High Madrasah, High Madrasah and Senior Madrasah in the State of West Bengal.

2. Definitions

(1) In these regulations, unless the context otherwise requires, –

(a) ‘Act’ means the West Bengal Board of Madrasah Education Act, 1994; (West Ben. Act, XXXIX of 1994)

(b) ‘Authority’ means the person or the Body of persons for the time being entrusted with the management of the affairs of the Institution and includes the Managing Committee;

(c) ‘Director’ means the Director of Madrasah Education, West Bengal;

(d) ‘District Inspector of Schools’ means the District Inspector of Schools (Secondary Education) exercising jurisdiction in respect of the Institution;

(e) ‘District Level Madrasah Inspection Team’ means the District Level Madrasah Inspection Team constituted under regulation 5 of these regulations;

(f) ‘District Minority Officer’ means and includes the District Minority Officer or Officer-in-charge of Minority Cell of the concerned District;

(g) ‘Form’ means the Form appended to these regulations;

(h) ‘State Government’ means the Government of West Bengal in the Minority Affairs and Madrasah Education Department;

(i) ‘Private Madrasah’ means a Madrasah established, managed and maintained by a Trust/Society/ NGO or an individual at their own cost;

(j) ‘Unaided Madrasah’ means the Madrasah to which no financial assistance shall be given or sanctioned by the State Government after it has been granted recognized;

(2) The words and expressions used but not defined in these regulations and defined in the Act shall have the same meanings as assigned to them in the Act.

3. Application for recognition

(1) The application for recognition of the Unaided Madrasah shall be made by the respective Authority in the specified form (Form No.1) appended to these regulations to the West Bengal Board of Madrasah Education.

(2) The application under sub-regulation (1) does not confer any right for inspection or recognition.

(3) The West Bengal Board of Madrasah Education, on receipt of applications for recognition under sub-regulation (1), shall after scrutiny make recommendation within one month to the Director for taking decision regarding inspection of the Madrasahs by the District Level Madrasah Inspection Team.

(4) On receipt of the recommendation of the Board under sub-regulation(3), the Director shall decide and give instruction to the District Inspector of Schools or the District Minority Officer concern to make necessary arrangement for inspection of the Madrasahs by the District Level Madrasah Inspection Team and submission of report thereof.

4. Inspection of Madrasah

(1) No Unrecognized Madrasah shall be inspected for the purpose of recognition unless it is instructed by the Director.

(2) There shall be a District Level Madrasah Inspection Team in each District for the purpose of Inspection of institution(s) seeking recognition as unaided madrasah.

(3) The District Level Madrasah Inspection Team shall inspect the Madrasah in accordance with the instruction issued by the Director.

(4) At the time of inspection, the District Level Madrasah Inspection Team shall verify how far the Authority has fulfilled the following conditions:-

Whether the unrecognized institution seeking recognition as unaided madrasah –

(a) is located in a relatively conducive environment;
(b) has sufficient land with building and open space;
(c) has the building usable in all weathers;
(d) has at least 120 students in four class Junior High Madrasah and 200 in case of Senior/ High Madrasah;
(e) has qualified teachers and non-teaching staff as per existing staff pattern;
(f) has been following the curricula and syllabi of the West Bengal Board of Madrasah Education;
(g) has a play ground of its own or arrangement for the same in the near distance for sports and games of the learners;
(h) has communication facilities;
(i) has class room space not less than 400 square feet each;
(j) has separate lavatory for the girls, boys and teachers;
(k) has safe drinking water facility;
(l) has a girls common room, if it is a girls’ or co-education system;
(m) has an office-cum- store-cum-Headmaster/Headmistress/Superintendent room;
(n) has a teachers room;
(o) has adequate furniture;
(p) has teaching-learning appliances as required;
(q) has reserve fund of at least three thousand rupees;
(r) has a library with books on all subjects including story books, newspapers, magazine etc.;
(s) has students admission procedure and fees structure, if any, duly published by the Authority.
(t) has a selection committee, duly constituted by the Managing Committee, for recruiting teachers and non-teaching staff as per the existing staff pattern and qualification specified by the State Government;
(u) has recruited teachers as per the staff pattern and qualification specified by the State Government;
(v) has a Managing Committee duly constituted as per the Memorandum of Association or in the manner as prescribed under the Management of recognized Non-Government Madrasah (Aided and Unaided) Rules, 2002;
(w) will follow the provisions relating to disciplinary proceedings as followed by recognized non-government aided Madrasahs;
(x) has provisions for contributory provident fund and gratuity to the teaching and non-teaching staff or agreed to maintain the same, if recognised;
(y) has agreed not to enhance fees structure for the students, if any, without prior permission of the State Government;
(z) has sufficient fire safety equipments or agreed to arrange for the same, if recognized;

(5) The District Level Madrasah Inspection Team shall also consider the need and viability of the unrecognized Madrasah in question.

(6) The Inspection and the report thereof shall not confer any right of recognition to the Unaided Madrasah seeking recognition.

(7) If any member is absent on the date of inspection of the Madrasah(s), other members of the District Level Madrasah Inspection Team shall proceed with inspection of the Madrasah(s).

5. District Level Madrasah Inspection Team

(1) District Level Madrasah Inspection Team shall consist of the following persons :-

(a) District Inspector of Schools (Secondary Education) or District Minority Officer of the concerned district, convener;

(b) a nominee of the West Bengal Board of Madrasah Education, member

(c) a nominee of the Director, member.

(2) It shall be the duty of the District Level Madrasah Inspection Team to inspect the applicant Madrasah as instructed by the Director and submit inspection report in the prescribed form duly filled in within a fortnight. If the Team fails to do so within the stipulated period, the District Inspector of Schools or District Minority Officer, shall send the report with his comment.

(3) The Team may or may not recommend for recognition of the Madrasah concerned. In case of recommendation or non-recommendation the reasons thereof must be stated specifically.

6. Preparation, examination and submission of Inspection Report

(1) Immediately after completion of the inspection, the District Level Madrasah Inspection Team shall prepare a report in Form 2 appended to these regulations for onward transmission of the same to the Director.

Provided that if any member is absent on the date of inspection of the applicant Madrasah, the District Inspector of School or District Minority Officer, shall keep the report in his office and fix a date for examination of such report by the member of the District Level Madrasah Inspection Team, who was absent during the inspection and if such member fails to inspect such report on the date fixed for the purpose, the District Inspector of Schools or District Minority Officer shall not wait further but forward the report to the Director.

(2) The Director shall examine the inspection report and enclosures as may be forwarded by the District Inspector of Schools or District Minority Officer and forward the same to the State Government for issuance of necessary direction on the matter. The State Government there after forward the report to the Board with the necessary direction therein.

(3) The Recognition Committee constituted under section 8 of the Act shall verify the report received under sub-regulation (2) and if it is not satisfied with the report, may, notwithstanding anything contained in regulation 4, make recommendation to the Director for further inspection of the applicant Madrasah seeking recognition with reference to the child population of the catchments area, number of students of the nearest Madrasahs, number of students of the present Madrasah under inspection, number of teachers, general infrastructure, need and prospect of the Madrasah or any other criteria, which is considered necessary for the purpose.

7. Recognition of Madrasah

(1) The West Bengal Board of Madrasah Education shall recognize only those applicant Madrasah(s), which are already approved by the Recognition Committee. The Board may refuse recognition, given reason(s) of refusal, to any applicant Madrasah(s), with prior permission of the State Government.

8. Grant of Provisional Recognition

(1) The Board may issue an order granting provisional recognition to the Madrasah for a period of three years subject to fulfillment of certain conditions as may be specified by the Board.

(2) At the expiry of the period of provisional recognition, the Managing Committee of the Madrasah may apply for extension of the period of provisional recognition for a further period of three years and if the Board consider it necessary so to do, it may, by an order and for the reasons to be recorded in writing, extend the period of provisional recognition for a further period of three years.

9. Cost for inspection and recognition

The Authority shall pay such cost for inspection of the applicant Madrasah(s) to the State Government, as may be specified by the Government.

10. Assistance of Staff

The District Level Madrasah Inspection Team may take assistance of staff of the concerned office of the District Inspector of Schools or District Minority Officer of the concerned district for the purpose specified under these regulations.

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