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Theme - Languages of India















Official Language Policy of the Union


Hindi in Devanagari script is the official language of the Union .The form of numerals to be used for official purposes of the Union is the international form of Indian numerals. In addition to Hindi language English language may also be used for official purposes.(Section 3 of the Business in Parliament may be transacted in English or in Hindi. However, the Hon’ble Chairman of the RajyaSabha or the Hon’ble Speaker of the LokSabha may permit any Member to address the House in his / her mother tongue under special circumstances
.
The purposes for which Hindi alone is to be used, the purposes for which both Hindi andEnglish are to be used and the purposes for which English language is to be used, have been specified in the Official Languages Act 1963, (given below)1963, the Official Language Rules 1976 (given below) and the directions issued under them from time to time by the Department of Official Language, Ministry of Home Affairs.
It has been the policy of the Government of India that progressive use of Hindi in the official work may be ensured through persuasion, incentive and goodwill.



Constitutional Provisions

OFFICIAL LANGUAGE RELATED PART-17 OF THE CONSTITUTION OF INDIA

CHAPTER:1 - LANGUAGE OF THE UNION
     
Article 120: Language to be used in Parliament - (1) Notwithstanding anything in part 17 (XVII), but subject to the provisions of article 348, business in Parliament shall be transacted in Hindi or in English:
Provided that the Chairman of the Council of States or Speaker of the House of the People, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in Hindi or in English to address the House in his mother-tongue.
(2) Unless Parliament by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words “or in English” were omitted there from.

Article 210: Language to be used in the Legislature
(1) Notwithstanding anything in part 17 (XVII), but subject to the provisions of article 348, business in the Legislature of a State shall be transacted in the official language or languages of the State or in Hindi or in English:
Provided that the Speaker of the Legislative Assembly or Chairman of the Legislative Council, or person acting as such, as the case may be, may permit any member who cannot adequately express himself in any of the languages aforesaid to address the House in his mother-tongue.
(2) Unless the Legislature of the State by law otherwise provides, this article shall, after the expiration of a period of fifteen years from the commencement of this Constitution, have effect as if the words “or in English” were omitted there from:
Provided that in relation to the Legislatures of the States of Himachal Pradesh, Manipur, Meghalaya and Tripura this clause shall have effect as if for the words “fifteen years” occurring therein, the words “twenty-five years” were substituted:
Provided further that in relation to the Legislature of the States of Arunachal Pradesh, Goa and Mizoram, this clause shall have effect as if for the words “fifteen years” occurring therein, the words “forty years” were substituted.

Article 343. Official language of the Union-
(1) The official language of the Union shall be Hindi in Devnagari script. The form of numerals to be used for the official purposes of the Union shall be the international form of Indian numerals.
(2) Notwithstanding anything in clause (1), for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union for which it was being used immediately before such commencement:
Provided that the President may, during the said period, by order authorize the use of the Hindi language in addition to the English language and of the Devnagari form of numerals in addition to the international form of Indian numerals for any of the official purposes of the Union.
(3) Notwithstanding anything in this article, Parliament may be law provide for the use, after the said period of fifteen years, of-
the English language, or
the Devnagari form of numerals,
For such purposes as may be specified in the law.

Article 344. Commission and Committee of Parliament on official language-
(1) The President shall, at the expiration of five years from the commencement of this Constitution and thereafter at the expiration of ten years from such commencement, by order constitute a Commission which shall consist of a Chairman and such other members representing the different languages specified in the Eighth Schedule as the President may appoint, and the order shall define the procedure to be followed by the Commission.
(2) It shall be the duty of the Commission to make recommendations to the President as to-
the progressive use of the Hindi language for the official purposes of the Union;
restrictions on the use of the English language for all or any of the official purposes of the Union;
the language to be used for all or any of the purposes mentioned in article 348;
the form of numerals to be used for any one or more specified purposes of the Union;
Any other matter referred to the Commission by the President as regards the official language of the Union and the language for communication between the Union and a State or between one State and another and their use.
(3) In making their recommendations under clause (2), the Commission shall have due regard to the industrial, cultural and scientific advancement of India, and the just claims and the interests of persons belonging to the non-Hindi speaking areas in regard to the public services.
(4) There shall be constituted a Committee consisting 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 by 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.
(5) It shall be the duty of the Committee to examine the recommendations of the Commission constituted under clause (1) and to report to the President their opinion thereon.
(6) Notwithstanding anything in article 343, the President may, after consideration of the report referred to in clause (5), issue directions in accordance with the whole or any part of that report.

CHAPTER: 2 - REGIONAL LANGUAGES

Article 345. Official language or languages of a State- subject to the provisions of articles 346 and 347, the legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the Language or Languages to be used for all or any of the official purposes of that State:
Provided that, until the Legislature of the State otherwise provides by law, the English language shall continue to be used for those official purposes within the State for which it was being used immediately before the commencement of this Constitution.

Article 346. Official languages for Communication between one State and another or between a State and the Union- The language for the time being authorized for use in the Union for official purposes shall be the official language for communication between one State and another State and between a State and the Union:
Provided that if two or more States agree that the Hindi language should be the official language for communication between such States, that language may be used for such communication.

Article 347. Special provision relating to language spoken by a section of the population of a State- On a demand being made in that behalf the President may, if he is satisfied that a substantial proportion of the population of a State desire the use of any language spoken by them to be recognized by that state, direct that such language shall also be officially recognized throughout that State or any part thereof for such purpose as he may specify.

CHAPTER: 3 - LANGUAGE OF THE SUPREME COURT,
HIGH COURTS, ETC

Article 348. Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.- (1) Notwithstanding anything in the foregoing provisions of this Part, until Parliament by law otherwise provides-
All proceedings in the Supreme Court and in every High Court,
the authoritative texts of all Bills to be introduced or amendments thereto to be moved in either House of Parliament or in the House or either House of the Legislature of a State.
of all Acts passed by Parliament or the Legislature of a State and of all Ordinances promulgated by the President or the Governor of a State, and
Of all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State, shall be in the English language.
(2) Notwithstanding anything in sub-clause(a) of clause(1), the Governor of a State may, with the previous consent of the President, authorize the use of the Hindi language, or any other language used for any official purposes of the State, in proceedings in the High Court having its principal seat in that State:
Provided that nothing in this clause shall apply to any judgment, decree or order passed or made by such High Court.
(3) Notwithstanding anything in sub-clause(b) of clause(1), where the Legislature of a State has prescribed any language other than the English language for use in Bills introduced in, or Acts passed by, the Legislature of the State or in Ordinances promulgated by the Governor of the State or in any order, rule, regulation or bye-law referred to in paragraph (iii) of that sub-clause, a translation of the same in the English language published under the authority of the Governor of the State in the Official Gazette of that State shall be deemed to be the authoritative text thereof in the English language under this article.

Article 349. Special procedure for enactment of certain laws relating to language-
During the period of fifteen years from the commencement of this Constitution, no Bill or amendment making provision for the language to be used for any of the purposes mentioned in clause (1) of article 348 shall be introduced or moved in either House of Parliament without the previous sanction of the President, and the President shall not give his sanction to the introduction of any such Bill or the moving of any such amendment except after he has taken into consideration the recommendations of the Commission constituted under clause(1) of article 344 and the report of the Committee constituted under clause(4) of that article.

CHAPTER: 4 - SPECIAL DIRECTIVES

Article 350. Language to be used in representations for redress of grievances- Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State, as the case may be.
Article 350A. Facilities for instruction in mother-tongue at the primary stage - It shall be the endeavor of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.

Article 350B. Special Officer for linguistic minorities- (1) there shall be a Special Officer for linguistic minorities to be appointed by the President.
(2) It shall be the duty of the Special officer to investigate all matters relating to the safeguards provided for linguistic minorities under this Constitution and report to the President upon those matters at such intervals as the President may direct, and the president shall cause all such reports to be laid before each House of Parliament and sent to the Government of the States concerned.
Article 351. Directive for development of the Hindi language- It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.



Official Language Act

(Source : http://meity.gov.in/content/official-language-act)


THE OFFICIAL LANGUAGES ACT, 1963
(AS AMENDED, 1967)
(Act No. 19 of 1963)
[10th May, 1963]

An Act to provide for the languages which may be used for the official purpose of the Union, for transaction of business in Parliament, for Central and State Acts and for certain purpose in High Courts.
BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:--

2. Definitions
In this Act, unless the context otherwise requires,--
"Appoint day", in relation to section 3, means the 26th day of January, 1995 and in relation to any other provision of this Act, means the day on which that provision comes into force;
"Hindi" means Hindi in Devanagari script.

3. Continuance of English language for official purposes of the Union and for use in Parliament
Notwithstanding the expiration of the period of fifteen ears from the commencement of the Constitution, the English language may, as from the appointed day, continue to be used, in addition to Hindi,--
For all the official purpose of the Union for which it was being used immediately before that day; and
For the transaction of business in 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 ad ten shall be members of the council of States, to be elected respectively by 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 Governments thereon, issue directions in accordance with the whole or any part of that report.

5. Authorized Hindi translation of Central Acts, etc.
(1) A translation in Hindi published under the authority of the President in the Official Gazette on and after the appointed day
Of any Central Act or of any Ordinance promulgated by the President, or
Of any order, rule, regulation or bye-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 amendments thereto to be moved in either House of Parliament shall be accompanied by a translation of the same in Hindi authorized in such manner as may by prescribed by rules made under this Act.

6. Authorized 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 I 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 Official Gazette of that State and in such a case, the translation in Hindi of any such Act or Ordinance shall be deemed to be the authoritative text therefore in the Hindi language.

7. Optional use of Hindi or other official language in judgments, 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, authorized the use of Hindi or the official language of the State, in addition to the English language, for the purpose of any judgment, decree or order passed or made by the High court for that State and where any judgment, 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 my 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 in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule shall or both Houses agree that the rule should not b made, the rule shall thereafter have effect only in such modified form or be of no 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 provision of section 6 and section 7 shall not apply to the State of Jammu and Kashmir.



The Official Languages (Use for Official Purpose of the Union)
RULES, 1976

(As Amended, 1987)
G. S. R 1052 - In exercise of the powers conferred by section 8, read with sub-section(4) of section 3 of the Official Languages Act, 1963 (19 of 1963), the Central Government hereby makes the following rules, namely ;

1. Short title, extent and commencement -
These rules may be called the Official Languages (Use for Official Purposes of the Union) Rules, 1976.
They shall extend to the whole of India, except the State of Tamil Nadu.
They shall come into force on the date of their publication in the Official Gazette.

2. Definitions - In these rules, unless the context otherwise requires : -
"Act" means the Official Languages Act, 1963 (19 of 1963):
(b) "Central Government Office" includes :-
Ministry, Department or office of the Central Government
any office of a Commission, Committee or Tribunal appointed by the Central Government; and
any office of a corporation or company owned or controlled by the Central Government
(c) "Employee" means any person employed in a Central Government office
(d) "Notified Office" means an office notified under sub-rule (4) of rule 10
(e) "Proficiency in Hindi” means proficiency in Hindi as described in rule 9
(e) "Proficiency in Hindi” means proficiency in Hindi as described in rule 9
(f) "Region A" means the States of Bihar, Haryana, Himachal Pradesh, Madhya Pradesh, Rajasthan and Uttar Pradesh and the Union Territories of Delhi and Andaman and Nicobar Islands
(g) "Region B" means the States of Gujarat, Maharashtra and Punjab and the Union Territory of Chandigarh
"Region C" means the States and the Union Territories other than those referred to in clauses (f) and (g)
"Working knowledge of Hindi" means working knowledge of Hindi as described in rule 10

3. Communications to States etc. other than to Central Government offices
(1) Communications from a Central Government office to a State or a Union Territory in Region "A" or to any office (not being a Central Government office) or person in such State or Union Territory shall, save in exceptional cases, be in Hindi, and if any communication is issued to any of them in English it shall be accompained by a Hindi translation thereof.
(2) Communications from a Central Government office :-
(a) to a State or Union Territory in Region "B" or to any office (not being a Central Government office) in such State or Union Territory shall ordinarily be in Hindi and if any communication is issued to any of them in English, it shall be accompanied by a Hindi translation thereof ;
Provided that if any such State or Union Territory desires the communications of any particular class or category or those intended for any of its offices, to be sent for a period specified by the Government of the State or Union Territory concerned, in English, or in Hindi with a translation in the other language, such communication shall be sent in that manner ;
(b) to any person in a State or Union Territory of Region "B" may be either in Hindi or English.
(3) Communications from a Central Government office to State or Union Territory in Region "C" or to any office (not being a Central Government office) or person in such State shall be in English.
(4) Notwithstanding anything contained in sub-rules (1) and (2), communications from a Central Government office in Region "C" to a State or Union Territory of Region "A" or Region "B" or to any office (not being a Central Government office) or person in such State may be either in Hindi or in English.
Provided that communications in Hindi shall be in such proportion as the Central Government may, having regard to the number of persons having working knowledge of Hindi in such offices, the facilities for sending communications in Hindi and matters incidental thereto determine from time to time.

4. Communications between Central Government Offices communications.
(a) Between one Ministry or Department of the Central Government and another may be in Hindi or in English.
(b) Between one Ministry or Department of the Central Government and attached or subordinate offices situated in Region "A", shall be in Hindi and in such proportion as the Central Government may, having regard to the number of persons having a working knowledge of Hindi in such offices, the facilities for sending communications in Hindi and matters incidental thereto, determine from time to time;
(d) Between Central Government offices situated in Region "A" and offices in Region "B" or Region "C" may be in Hindi or in English:
Provided that these communications shall be in Hindi in such proportion as the Central Government may, having regard to the number of persons having working knowledge of Hindi in such offices, the facilities for sending communications in Hindi and matters incidental thereto, determine from time to time:
(e) Between Central Government offices situated in Region "B" or Region "C" may be in Hindi or English.
Provided that these communications shall be in Hindi in such proportion as the Central Government may, having regard to the number of persons having working knowledge of Hindi in such offices, the facilities for sending communications in Hindi and matters incidental thereto, determine from time to time
Provided that a translation of such communication in the other language shall:-
(i) Where that communication is addressed to an office in Region "A" or Region "B", be provided, if necessary, at the receiving end .
(ii) where the communication is addressed to an office in Region "C", be provided alongwith such communication.
Provided further that no such translation in the other language shall be required to be provided if the communication is addressed to a notified office.

5. Replies to communications received in Hindi
Notwithstanding anything contained rules 3 and 4, communications from a Central Government office in reply to communications in Hindi shall be in Hindi.

6. Use of both Hindi and English
Both Hindi and English shall be used for all documents referred to in sub-section (3) of section 3 of the Act and it shall be the responsibility of the persons signing such documents to ensure that such documents are made, executed or issued both in Hindi and in English.

7. Application, representations etc.
(1) An employee may submit an application, appeal or representation in Hindi or in English.
(2) Any Application, appeal or representation referred to in sub-rule (1) when made or signed in Hindi, shall be replied to in Hindi.
(3) Where an employee desires any order or notice relating to service matters (including disciplinary proceedings) required to be served on him to be in Hindi, or as the case may be, in English, it shall be given to him in that language without undue delay.

8. Noting in Central Government offices
(1) an employee may record a note or minute on a file in Hindi or in English without being himself required to furnish a translation thereof in the other language.
(2) No Central Government employee possessing a working knowledge of Hindi may ask for an English translation of any document in Hindi except in the case of documents of legal or technical nature.
(3) If any question arises as to whether a particular document is of a legal or technical nature, it shall be decided by the Head of the Department or office.
(4) Notwithstanding anything contained in sub-rule (1), the Central Government may, by order specify the notified offices where Hindi alone shall be used for noting, drafting and for such other official purposes as may be specified in the order by employees who possess proficiency in Hindi.

9. Proficiency in Hindi
An employee shall be deemed to possess proficiency in Hindi if:
(a) he has passed the Matriculation or any equivalent or higher examination with Hindi as the medium of examination ; or
(b) he has taken Hindi as an elective subject in the degree examination or any other examination equivalent to or higher than the degree examination; or
(c) he declares himself to possess proficiency in Hindi in the form annexed to these rules.

10. Working knowledge of Hindi
(1) An employee shall be deemed to have acquired a working knowledge of Hindi
If he has passed
the Matriculation or an equivalent or higher examination with Hindi as one of the subjects ; or
the Pragya examination conducted under the Hindi Teaching Scheme of the Central Government or when so specified by that Government in respect of any particular category of posts, any lower examination under that Scheme; or
any other examination specified in that behalf by the Central Government
he declares himself to have acquired such knowledge in the form annexed to these rules.
(2) The Staff of a Central Government office shall ordinarily be deemed to have acquired a working knowledge of Hindi if eighty per cent of the Staff working therein have acquired such knowledge.
(3) The Central Government or any officer specified in this behalf by the Central Government may determine whether the staff of a Central Government office has acquired a working knowledge of Hindi.
(4) The names of the Central Government offices, the staff whereof have acquired a working knowledge of Hindi, shall be notified in the Official Gazette:
Provided that the Central Government may if it is of opinion that the percentage of the staff working in a notified office and having a working knowledge of Hindi has gone below the percentage specified in sub-rule (2) from any date, it may, by notification in the Official Gazette, declare that the said office shall cease to be a notified office from that date.

11. Manuals, Codes, other procedural literature, articles of Stationery, etc.-
(1) All manuals, codes and other procedural literature relating to Central Government offices shall be printed or cyclostyled, as the case may be, and published both in Hindi and English in diglot form.
(2) The forms and headings of registers used in any Central Government office shall be in Hindi and in English.
(3) All name-plates, sign-boards, letter-heads and inscriptions on envelopes and other items of stationery written, printed or inscribed for use in any Central Government office, shall be in Hindi and in English:
Provided that the Central Government may, if it is considered necessary to do by general or special order exempt any Central Government office from all or any of the provisions of this rule.

12. Responsibility for compliance-
(1) It shall be the responsibility of the administrative head of each Central Government office
to ensure that the provisions of the Act and these rules and directions issued under 545-rule 2 are properly complied with ; and
to devise suitable and effective check-point for this purpose.
(2) The Central Government may from time to time issue such directions to its employees and offices as may be necessary for the due compliance of the provisions of the Act and these rules.
[ TO BE PUBLISHED IN THE GAZETTE OF INDIA, PART-II, SECTION 3, SUB-SECTION (i) ]
Government of India
Ministry of Home Affairs
Department of Official Language
New Delhi, Date: August, 2007

NOTIFICATION
G. S. R. _________ In exercise of the powers conferred by section 8, read with sub-section (4) of section 3 of the Official Languages Act, 1963 (19 of 1963) , the Central Government hereby make the following rules further to amend the Official Languages (Use for Official Purposes of the Union) Rules, 1976, namely
1.
These rules may be called the Official Languages (Use for Official Purposes of the Union) Amendment Rules, 2007.
They shall come into force on the date of their publication in the Official Gazette.
2. In the Official Languages (Use for Official Purposes of the Union) Rules 1976, for clause (f) of rule 2, the following clause shall be substituted, namely:-
(f) "Region A" means the States of Bihar, Chhattisgarh, Haryana, Himachal Pradesh, Jharkhand, Madhya Pradesh, Rajasthan, Uttar Pradesh, Uttrakhand and National Capital Territory of Delhi, and the Union Territory of Andaman and Nicobar Islands;'
(File No. I/14034/02/2007-O.L. (Policy-1)
(P. V. Valsala G. Kutty)
JOINT SECRETARY TO THE GOVERNMENT OF INDIA
Note: The principal rules were published in the Gazette of India vide number G.S.R. 1052, dated the 17th July, 1976 and subsequently were amended vide number G. S. R. 790, dated the 24th October, 1987.
  

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