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THE OFFICIAL
LANGUAGES ACT, 1963
(AS AMENDED, 1967)
(Act No. 19 of
1963)
An Act to provide for the languages which
may be used for the official purposes of the
Union, for transaction of business in
Parliament, for Centrtal and State, Acts and
for certain purposes in HighCourts. Be it
enacted by Parliament in the Fourteenth Year
of the Republic of India as follows:-
1.
Short title and Commencement -
(1) This Act may be
called the Official Languages Act, 1963.
(2) Section 3 shall
come into force on the 26th day of Januray,
1965 and the remaining provisions of this
Act shall come into force on such date as
the Central Government may, by notification
in the Official Gazette, appoint and
different dates may be appointed for
different provisions of this Act.
2.
Definitions.-
In this Act, unless
the context otherwise requires,-
(a) "appointed day" in
relation to section 3, means the 26th day of
Januray, 1965 and in
relation to any other provision of this Act,
means the day on which that provision comes
into force;
(b) "Hindi" means Hindi in Devanagari
Script.
3.
Continuation of english Language for
official purposes of the Union and for use
in Parliament-
(1) Nothwithstanding the expiration of
the period of fifteen years from the
commencement of the Constitution, the
English language may, as from the appointed
day, continue to be used in addition to
Hindi,
(a) for all the official purposes of the
Union for which it was being used
immediately before that day; and
(b) for the
transaction of business in Parliament:
Provided that the
English language shall be used for purposes
of communication between the Union and a
State which has not adopted Hindi as its
Official Language:
Provided further that
where Hindi is used for purposes of
communication between one State which has
adopted Hindi as its official language and
another State which has not adopted Hindi as
its Official Language, such communication in
Hindi shall be accompanied by a translation
of the same in the English language:
Provided also that
nothing in this sub-section shall be
construed as preventing a State which has
not adopted Hindi as its official language
from using Hindi for purposes of
communication with the Union or with a State
which has adopted Hindi as its official
language, or by agreement with any other
State, and in such a case, it shall not be
obligatory to use the English language for
purposes of communication with that State.
(2) Notwithstanding anything contained
in sub-section (1) where Hindi or the
English Language is used for purposes of
communication-
(i) between one
Ministry or Department or office of the
Central Government and another;
(ii) between one
Ministry or Department or office of the
Central Government and any corporation or
company owned or controlled by the Central
Government or any office thereof.;
(iii) between any
corporation or company owned or controlled
by the Central Government or any office
thereof and another,
Translation of such
commmunication in the English language or,
as the case may be, in Hindi shall also be
provided till such date as the staff of the
concerned Ministry, Department, office or
the corporation or company aforesaid have
acquired a working knowledge of Hindi.
(3)
Notwithstanding anything contained in
sub-section (1) both Hindi and the English
languages shall be used for-
(i) resolutions,
general orders, rules, notifications,
administrtative or other reports or press
communiques issued or made by the Central
Government or by a Ministry, Department or
office thereof or by a corporation or
company owned or controlled by the Central
Government or by any office of such
corporation or company;
(ii) administrative
and other reports and official papers laid
before a House or the Houses of Parliament;
(iii) contracts and
agreements executed, and licences, permits,
notices and forms of tender issued, by or on
behalf of the Central Government or any
Ministry, Department or office thereof or by
a corporation or company owned or controlled
by the Central Government or by any office
of such corporation or company.
(4) Without prejudice to the provisions
of sub-section (1) or sub-section (2) or
sub-section (3) the Central Government may,
by rules made under section 8, provide for
the language/languages to be used for the
official purpose of the Union, including the
working of any Ministry, Department, Section
or Office and in making such rules, due
consideration shall be given to the quick
and efficient disposal of the official
business and the interests of the general
public and in particular, the rules so made
shall ensure that persons serving in
connection with the affairs of the Union and
having proficiency either in Hindi or in the
English language may function effectively
and that they are not placed at a
disadvantage on the ground that they do not
have proficiency in both the languages.
(5) The provisions of clause (a) of
sub-section (1), and the provisions of
sub-section (2), sub-section (3) and
sub-section (4) shall remain in force until
resolutions for the discontinuance of the
use of the English language for the purposes
mentioned therein have been passed by the
legislatures of all the States which have
not adopted Hindi as their Official Language
and until after considering the resolution
aforesaid, a resolution for such
discontinuance has been passed by each House
of Parliament.
4.
Committee on Official Language-
(1) After the
expiration of ten years from the date on
which section 3 comes into force, there
shall be constituted a Committee on Official
language, on a resolution to that effect
being moved in either House of Parliament
with the previous sanction of the President
and passed by both Houses.
(2) The Committee
shall consist of thirty members, of whom
twenty shall be members of the House of the
people and ten shall be members of the
Council of States, to be elected
respectively the members of the House of the
People and the members of the Council of
States in accordance with the system of
proportional representation by means of the
single transferable vote.
(3) It shall be the
duty of the Committee to review the progress
made in the use of Hindi for the official
purposes of the Union and submit a report
to the President making recommendations
thereon and the President shall cause the
report to be laid before each House of
Parliament, and sent to all the State
Governments.
(4) The President may,
after consideration of the report referred
to in sub-section (3), and the views, if
any, expressed by the State Government
thereon, issue directions in accordance with
the whole or any part of that report :
Provided that the
direction so issued shall not be
inconsistent with the provisions of section
3
5.
Authorised Hindi translation of Central ACts,
etc. -
(1) A translation in
Hindi published under the authority of the
Prtesident in the Official Gazette on and
after the appointed day-
(a) of any Centrtal
Act or of any Ordinance promulgated by the
President, or
(b) of any order, rule, regulation or by-law
issued under the Constitution or under any
central Act, shall be deemed to be the
authoritative text thereof in Hindi.
(2) As from the
appointed day, the authoritative text in the
English language of all Bills to be
introduced or ammendments thereto to be
moved in either House of Parliament shall be
accompanied by a translation of the same in
Hindi authorised in such manner as may be
precribed by rules made under this Act.
6.
Authorised Hindi translation of State Acts
in certain cases -
Where the Legislature
of a State has prescribed any language other
than Hindi for use in Acts passed by the
Legislature of the State or in Ordinances
promulgated by the Governor of the State, a
translation of the same in Hindi, in
addition to a translation thereof in the
English language as required by clause (3)
of article 348 of the Constitution, may be
published on or after the appointed day
under the authority of the Governor of the
State in the Official Gazette of the State
and in such a case, the translation in Hindi
or any such Act or Ordinance shall be deemed
to be the authoritative text thereof in the
Hindi language.
7. Optional use of Hindi or other Official
language in judgements etc. of High Courts
-
As from the appointed
day or any day thereafter the Governor of a
State may, with the previous consent of the
President, authorise the use of Hindi or the
official language of the State, in addition
to the English language, for the purposes of
any judgement, decree or order passed or
made by the High Court for that State and
where any judgement, decree or order is
passed or made in any such language (other
than the English language), it shall be
accompanied by a translation of the same in
the English language issued under the
authority of the High Court.
8.
Power to make rules -
(1) The Central
Government may, by notification in the
Official Gazette, make rules for carrying
out the purposes of this Act.
(2) Every rule made
under this section shall be laid, as soon as
may be after it is made, before each House
of Parliament while it is in session for a
total period of thirty days which may be
comprised in one session or more in two
successive sessions, and if, before the
expiry of the session immediately following
the session or the successive sessions
aforesaid, both Houses agree in making any
modification in the rule or both Houses
agree that the rule should not be made, the
rule shall thereafter have effect only in
such modified form or be of on effect, as
the case may be so, however, that any such
modification or annulment shall be without
prejudice to the validity of anything
previously done under that rule.
9.
Certain provisions not to apply to Jammu and
Kashmir-
The provisions of
section 6 and section 7 shall not apply to
the State of Jammu and Kashmir.
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