REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 2
PUBLISHED BY AUTHORITY
No. 49] NEW DELHI, MONDAY, NOVEMBER 27, 1967/AGRAHAYANA 6, 1889 (Saka)
Separate paging is given to this Part in order that it may be filed
as a separate compilation.
LOK SABHA
The following Bill was introduced in Lok Sabha on the 27th
November, 1967: —
BILL NO. 158 OF 1967
A Bill to amend the Official Languages Act, 1963.
BE it enacted by Parliament in tine Eighteenth Year of the
Republic of India as follows:—
Short title.
1. This Act may be called the Official Languages (Amendment)
Act, 1967.
5 2. For section 3 of the Official Languages Act, 1963 (hereinafter 19 of 1963.
Substitution of new section for section 3.
referred to as the principal Act), the following section shall be substituted, namely:—
"3. (1) Notwithstanding the expiration of the period of fifteen years from the commencement of the Constitution, the
10 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
Continuance of English language for official purposes of the Union and for use in Parlia- ment.
it was being used immediately before that day; and
(1163)
1164 THE GAZETTE OF INDIA EXTRAORDINARY [PART IT(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, and between one State and another State where either of the States concerned hag not 5 adopted Hindi as its official 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 communica- tion with the Union or with a State which has adopted Hindi as 10 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 (I),
where Hindi is used for purposes of communication— JJ
(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 con-
trolled by the Central Government or any office thereof and
another,
a translation of the same in the English language shall also be
provided along with the Hindi text thereof till such date as
both the staff of the Ministry, Department, office, corporation or
company aforesaid from which such communication is sent and
the staff of the Ministry, Department, office, corporation or com-
pany aforesaid in which it is received, have acquired a working
knowledge of Hindi.
30 (3) Notwithstanding anything contained in sub-section (1), both the English language and Hindi shall be used for—
(i) resolutions, general orders, rules, notifications, admi-
nistrative or other reports or press communiques Issued or
made by the Central Government or by a Ministry, Depart-
ment or office thereof or by a corporation or company owned 35
or controlled by the Central Government or by any office of
such corporation or company;
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1165(H) administrative and other reports and official papers
laid before a House or the Houses of Parliament;
(Hi) contracts and agreements executed, and licences,
permits, notices and forms of tender issued, by or on behalf
5 of the Central Government or any Ministry, Department ox
office thereof or by a corporation or company owned or con-
trolled by the Central Government or by any office of such
corporation or company.
(4) Without prejudice to the provisions of sub-section (1) or 10 sub-section (2) or sub-section (3\ the Central Government may, by rules made under section 8, provide for the language or langu- ages 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 i$ 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 20 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 o! 25 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 resolutions aforesaid, a resolution for such discontinuance has been passed by each House of Parliament.".
30 3. To sub-section (4) of section 4 of the principal Act, the follow- ' Amendment of section 4, ing proviso shall be added, namely: —
"Provided that the directions so issued shall not be Inconsis- tent with the provisions of section 3.".
1166 THE GAZETTE OF INDIA EXTRAORDINARY [PART USTATEMENT OF OBJECTS AND REASONS
The Official Languages Act was enacted in May, 1963. Section 3 of the Act provides for the continued use of the English language, in addition to Hindi, for all the official purposes of the Union for which it was being used immediately before the 26th day of January, 1965. It is, however, considered necessary to give statutory recognition to the assurances of the late Prime Ministers regarding the continued use of the English language as long as the non-Hindi-speaking people did not desire a change. It is also proposed to provide for the obligatory use of the English language in addition to Hindi in certain cases.
The Bill seeks to achieve these objects.
NEW DELHI; Y. B. CHAVAN.
The 15th November, 1967.
CEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 1167FINANCIAL MEMORANDUM
The Bill provides for obligatory use of English in addition to Hindi for certain specified official purposes of the Union. Instructions already exist for the obligatory use of English in addition to Hindi for some of the purposes mentioned in sub-section (2), and clauses (i) and (nj ol sub-section (3) of new section 3 proposed to be substituted by clause 2 of the Bill. However, enforcement of these as statutory provisions and ox sub-section (3) (iii) of new section 3 would involve additional expendituie on printing, stationery, advertisement charges and in some ca^es engagement of additional staff for purposes of translation. It has been estimated that the recurring expenditure involved would be between Rs. 20 lakhs and Rs. 30 lakhs.
li68 THii GAZETTE OF INDIA EXTRAORDINARY U'AP.T II—SEC 2]MEMORANDUM REGARDING DELEGATED LEGISLATION
Under section 8 of the Act, Central Government was empowered to make rules for cauymg out the purposes of the Act. The proposed sub-section (4) of section 3 of the Act seeks, however, to limit the rule-making power of the Central Government by Introducing certain principles which must be taken into account in framing such rules. Thus, the Bill does not enlarge the delegation of legislative power already contained in the Act.