MAHARASHTRA OFFICIAL LANGUAGES ACT, 1965

5 of 1965

11th January, 1965

An Act to provide for the adoption of languages which may be used for the official purposes of the State including purposes of the Legislature of the State. WHEREAS, it is expedient to provide for the adoption of languages which may be used for the official purposes of the State including purposes of the Legislature of the State; It is hereby enacted in the Fifteenth Year of the Republic of India as follows:-

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1) This Act may be called the Maharashtra Official Languages Act, 1964.

(2) It extends to the whole of the State of Maharashtra.

(3) This section and section 3 shall come into force on the 26th day of January 1965; and the remaining provisions of this Act shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act or different matters referred to in those provisions.

SECTION 02: DEFINITIONS

In this Act, unless the context requires otherwise,-

(a) "appointed day" in relation to section 3 means the 26th day of January 1965; and in relation to any other provision of this Act or any such provision in relation to any matter therein means the day on which that provision or any provision in relation to that matter comes into force;

(b) "Constitution" means the Constitution of India;

(c) "Marathi" .means the Marathi language in Devnagari script, which is adopted in the State under Government Resolution in the Education and Social Welfare Department, No. TBK. 1762-G, dated 20th July 1962.

SECTION 03: CONTINUANCE OF ENGLISH LANGUAGE FOR USE IN STATE LEGISLATURE

Notwithstanding the expiration of the period of fifteen years from the commencement of the Constitution mentioned in article 210, the English language may, as from the appointed day, continue to be used, in addition to Hindi and Marathi, for transaction of business in the Legislature of the State.

SECTION 04: OFFICIAL LANGUAGE FOR OFFICIAL PURPOSES OF STATE

Subject to the provisions of this Act, Marathi shall, as from the appointed day, be the language to be used for all official purposes referred to in article 345 of the Constitution, as respects the State of Maharashtra except such purposes as the State Government may, by rules issued from time to time in the Official Gazette, specify, and Hindi may be used as the official language for such excepted purposes.

SECTION 05: MARATHI LANGUAGE TO BE USED IN BILLS, ETC

Marathi shall, as from the appointed day, be the language to be used-

(a) in Bills introduced (or amendments thereto to be moved) in either House of the Legislature of the State;

(b) in all Acts passed by the Legislature of the State and in all Ordinances promulgated by the Governor of Maharashtra under article 213 of the Constitution;

(c) in all orders, rules, regulations and bye-laws issued by the State Government under the Constitution or under any law made by Parliament or the Legislature of the State.1

Provided that the State Government may use the English language for the purposes of Clauses (a) to (c), if it is satisfied that it is necessary so to do under special circumstances or for technical reasons.

SECTION 06: POWER TO MAKE RULES

(1) State 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 the State Legislature 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 on the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date of publication of a notification in the Official Gazette of such decision 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 to anything previously done or omitted to be done under that rule.

MAHARASHTRA OFFICIAL LANGUAGES (EXPECTED PURPOSES) RULES, 1966

In exercise of the powers conferred by sub-section (1) of Section 6 read with Section 4 of the Maharashtra Official Languages Act, 1964 (Mah. V of 1965), the Government of Maharashtra hereby makes the following rules, namely:-

RULE 01:

These rules may be called the Maharashtra Official Languages (Expected Purposes) Rules, 1966

RULE 2:

The following purposes shall be expected purposes for the purpose of Section 4 of the Maharashtra Official Languages Act, 1964, namely :-

(1) correspondence with the Government of India and the Offices under it including Indian embassies, consular offices and trade commissions;

(2) correspondence with any State Government with whom there is no agreement as is referred to in the proviso to article 346 of the Constitution of India;

(3) correspondence with foreign embassies or consulates;

(4) the decisions or orders of any tribunal, board or authority (by whatever name called) constituted by or under any law for the time being in force and exercising judicial or quasi-judicial powers under such law;

(5) accounts to be rendered to the Accountant General;

(6) correspondence with the Accountant General;

(7) all statements for legal opinions and all legal opinions, legal briefs, all propositions for legislation and conveyancing and drafting of legislation and conveyancing, matters connected with litigation in the High Court and Supreme Court legal compilations, and law examinations;

(8) Administration of Notaries Act, 1952;

(9) Indian Law Reports;

(10) medical prescriptions, post mortem reports and reports in medico-legal cases and such other technical matters in the Medical Department of the State Government.