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1

L. C. BILL No. V OF 2020.

A BILL

to provide for teaching and learning Marathi language as

compulsory in all schools in the State of Maharashtra and for

matters connected therewith or incidental thereto.

WHEREAS it is expedient to provide for teaching and learning Marathi language

as compulsory in all schools in the State of Maharashtra and for matters connected

therewith or incidental thereto; it is hereby enacted in the Seventy-first Year of the

Republic of India as follows:-

1. (1) This Act may be called the Maharashtra Compulsory Teaching and

Learning of Marathi Language in Schools Act, 2020.

(2) It shall apply to every school situated in the State and in respect of every

student enrolled in such school.

(3) It shall come into force on such date as the State Government may, by

notification in the Official Gazette, appoint.

Short title,

application and

commencement.

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MAHARASHTRA LEGISLATURE SECRETARIAT

The following Bill which was introduced in the Maharashtra Legislative Council on the

26th February, 2020 is published under Rule 113 of the Maharashtra Legislative Council

Rules :—

RNI No. MAHBIL /2009/40123

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(1)

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2. In this Act, unless the context requires otherwise,—

(a) “Appellate Authority” means the Appellate Authority appointed by the

Government under section 7;

(b) “Competent Authority” means the Competent Authority appointed by the

Government under sub-section (1) of section 6;

(c) “Government” means the State Government of Maharashtra;

(d) “Notification” means a notification published in the Maharashtra

Government Gazette and the word ‘notified’ shall be construed accordingly;

(e) “prescribed” means prescribed by rules made by the Government;

(f) “Schedule” means a Schedule appended to this Act;

(g) “school” means any primary, upper primary or secondary school or higher

secondary school,—

(i) maintained by the State Government or Local Bodies- aided or unaided

or permanently non-granted;

(ii) established, administered or maintained by any private educational

institution including minority school established and administered by minorities

under clause (1) of article 30 of the Constitution of India whether receiving aid

from the State or not;

(iii) of any Anglo-Indian School or Oriental School or Schools affiliated to

Central Board of Secondary Education (CBSE), Council for the Indian schools

Certificate Examination (CISCE), International Baccalaureate (IB), Cambridge

Board, International General Certificate of Secondary Education (IGCSE),

National Institute of Open Schooling (NIOS), Maharashtra International

Education Board (MIEB) or any other Government or private educational Board;

(iv) which may be notified by the Government in this behalf; or

(v) approved by the Government under the Maharashtra Self-financed

Schools (Establishment and Regulation) Act, 2012.

Explanation.—For the purposes of this clause,—

(i) primary school shall consist of Standards I to V;

(ii) upper primary or secondary school shall consist of Standards I to

VIII or VI to VIII;

(iii) higher secondary school shall consist of Standards I to X, VI to X

or Standards IX to X;

(h) “section” means a section of this Act;

(i) “State” means the State of Maharashtra.

3. (1) Marathi language shall be taught as a compulsory subject from Standard

I to X in all schools in the State commencing from the Academic Year 2020-21 in a

phased manner as specified in the Schedule.

(2) The subject Marathi language shall be introduced at Standard I and Standard

VI from the Academic Year 2020-21 and shall be extended for further classes

progressively as specified in the Schedule.

(3) The assessment of student in the subject Marathi Language shall be

conducted in all schools.

Definitions.

Marathi as a

compulsory

subject.

Mah. I of

2013.

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(4) No restriction shall be imposed on speaking Marathi in the schools in the

State either directly or indirectly.

(5) No board or notice shall be displayed or campaign conducted in schools

imposing restrictions on speaking Marathi language.

4. (1) Where school requires recognition or No Objection Certificate or both,

from the State Government, compulsory teaching and assessment of students in

Marathi language subject as per the provisions of this Act shall be a condition for

granting such recognition or Certificate.

(2) The recognition or No Objection Certificate of the school, which is already

existing on the date of commencement of this Act and which do not teach Marathi

as a compulsory subject, shall be cancelled and an intimation to that effect shall

also be sent to the concerned Boards or Authorities to whom such school is affiliated.

5. Every school shall follow the curriculum specified by the Government for

the purposes of this Act.

6. (1) The Government may, by notification in the Official Gazette, appoint

officer of the School Education Department, not below the rank of District Education

Officer to be the Competent Authority for the purposes of carrying out the provisions

of this Act and the rules made thereunder. The different Competent Authorities

may be appointed for different areas.

(2) The Competent Authority shall exercise such powers and perform such

functions as may be prescribed.

7. The Government may, by notification in the Official Gazette, appoint an

officer of the School Education Department not below the rank of Deputy Director

(Education) as an Appellate Authority for the purposes of deciding appeals against

any order or decision of the Competent Authority.

8. (1) Any person aggrieved by an order or decision of the Competent Authority,

including penalty imposed under sub-section (1) of section 12, may file an appeal

to the Appellate Authority within a period of thirty days from the date of receipt of

order or decision of the Competent Authority:

Provided that, the Appellate Authority may entertain any such appeal filed

after expiry of the said period of thirty days, if he is satisfied that the Appellant had

sufficient cause for not preferring the appeal within the said period.

(2) The Appellate Authority shall, before disposing of an appeal, give a

reasonable opportunity of being heard to the Appellant.

(3) The decision of the Appellant Authority on appeal shall be final.

9. (1) (a) The Government may, in the public interest, by an order, direct the

Competent Authority to make an enquiry or to take appropriate proceedings under

this Act in any case specified in the order, and the Competent Authority shall report

to the Government the result of the enquiry made or the proceedings taken by him

within such period, as may be prescribed.

(b) On receipt of the report from the Competent Authority under clause (a), the

Government shall give such directions as it may deem fit and such direction shall

be final and binding.

(2) The Government may give such directions to such other authority as may

appear to it to be necessary for carrying out all or any of the provisions of this Act

or of any rule, notification or order made thereunder and such Authority shall comply

with every such direction.

10. No order passed or proceedings taken under the provisions of this Act

shall be called in question in any Court, in any suit or application and no injunction

shall be granted by any Court in respect of any action taken in pursuance of any

power conferred by or under this Act.

11. (1) The Government may, by general or special order, published in the

Official Gazette, and subject to such conditions as it may deem fit to be specified in

such order, exempt any student or any class of students from all or any of the

provisions of this Act, either in part or in whole.

Condition for

granting No

Objection

Certificate.

Curriculum by

State

Government.

Competent

Authority.

Appellate

Authority.

Appeal.

Power of

Government to

give directions.

Bar of

jurisdiction.

Exemptions.

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(2) The power under sub-section (1) may also be exercised by such officer of

the Government, not below the rank of Deputy Director, School Education, specially

empowered by the Government by an order published in the Official Gazette.

12. (1) The Managing Director or any other person responsible for management

of the affairs of the school violating the provisions of this Act, rules or orders made

thereunder shall be liable for penalty upto one lakh rupees.

(2) The Competent Authority shall be competent to impose penalty under sub-

section (1) :

Provided that, the Competent Authority shall give a reasonable opportunity of

being heard to person before passing any order under this sub-section.

(3) An officer not below the rank of Director of Education may recover such

penalty in such manner as may be prescribed.

13. (1) The Government may, if it is of the opinion that it is expedient or

necessary so to do, by notification published in the Official Gazette, add to or alter

or amend the Schedule and thereupon the Schedule shall stand amended

accordingly.

(2) Any such notification issued under sub-section (1) shall be laid, as soon

as may be, after it is made, before each House of the State Legislature.

14. The provisions of this Act shall have effect notwithstanding anything

inconsistent therewith contained in any other law for the time being in force or rules

or orders made thereunder.

15. No suit, prosecution or other legal proceedings shall lie against the

Government, any officer or the authority of the Government or any person for

anything which is done, or intended to be done in good faith under this Act or the

rules or orders made thereunder.

16. (1) The State Government may, by notification in the Official Gazette, and

subject to the condition of previous publication, make rules to carry out the purposes

of this Act.

(2) Every rule made under this Act 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 or more

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 or both Houses agree that the rule should not be made, and notify such

decision in the Official Gazette, the rule shall, from the date of such notification,

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 or omitted to be done under that rule.

17. (1) If any difficulty arises in giving effect to the provisions of this Act, the

State Government may, as occasion arises, by an order published in the Official

Gazette, do anything not inconsistent with the provisions of this Act, which appears

to it to be necessary or expedient for the purposes of removing the difficulty:

Provided that, no such order shall be made after the expiry of the period of two

years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may be,

after it is made, before each House of the State Legislature.

Penalty for

violation of

provisions of

Act.

Power to amend

Schedule.

Overriding

effect.

Protection of

acts done in

good faith.

Power to make

rules.

Power to

remove

difficulties.

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SCHEDULE

(See section 3)

Details of implementation

I-Primary Level (Standards I to V)

Marathi Language shall be introduced as the compulsory subject in Standard

I from year 2020-2021 onwards and thereafter every year it shall be extended to

further Standards progressively as below :—

Sr. No.

Standard

Academic Year

1.

I

2020-2021

2.

II

2021-2022

3.

III

2022-2023

4.

IV

2023-2024

5.

V

2024-2025

II-Upper Primary and Higher Secondary School Level

(Standard VI to X)

Marathi Language shall be introduced as the compulsory subject in Standard

VI from year 2020-2021 onwards and thereafter every year it shall be extended to

further Standards progressively as below :—

Sr. No.

Standard

Academic Year

1.

VI

2020-2021

2.

VII

2021-2022

3.

VIII

2022-2023

4.

IX

2023-2024

5.

X

2024-2025

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STATEMENT OF OBJECTS AND REASONS

The basic philosophy behind the reorganization of States on linguistic basis is

to develop various Indian languages having rich legacy. Marathi language is the

mother tongue of majority of the residents of the State of Maharashtra. Marathi is

the official language of the State as per the Maharashtra Official Languages Act,

1964 (Mah. V of 1965). Marathi language is one of the ancient and most developed

language and is the cultural and social identity of the State. The State is committed

to preserve and develop it to new scale of height.

2. It is observed that the students in the schools in the State covered under

various syllabi such as Central Board of Secondary Education, Council for the

Indian Schools Certificate Examination or International Baccalaureate or Cambridge

Board or International General Certificate of Secondary Education etc. are not

learning Marathi language from the beginning i.e. from the first standard onwards,

as there is an option to learn Hindi and other languages. Similarly, Marathi Language

is not taught to the students in certain linguistic minority schools in the State. Despite

of the fact that Marathi Language is the mother tongue of the majority of the residents

of the State of Maharashtra and an official language of the State, the same is being

neglected in teaching at school education level.

3. Therefore, it is considered expedient to make a new law, on the similar lines

of the enactments made in the States of Telangana, Tamil Nadu, Kerala and

Karnataka, to provide for teaching and learning of Marathi language compulsory in

all schools in the State. The salient features of the law are as follows:—

(i) to provide that Marathi shall be taught as compulsory subject in all schools

from Standards I to X in a phased manner from the academic year 2020-2021;

(ii) Marathi language shall be introduced at Standard I and Standard VI from

the Academic Year 2020-21 and shall be extended for further classes progressively

as specified in the Schedule;

(iii) in all schools in the State of all educational institutions, whether private,

aided or Government and all medium of instructions whether English or Hindi or

any other medium and all Boards, Marathi shall be taught as compulsory subject;

(iv) where school requires recognition or No Objection Certificate from the

State Government, compulsory teaching Marathi language shall be a condition for

granting such recognition or Certificate;

(v) schools to follow the curriculum specified by the Government;

(vi) appointment of officers of School Education Department as the Competent

Authorities for the purposes of carrying out the provisions of this Act and the rules

made thereunder;

(vii) an appeal is provided against an order or decision of the Competent

Authority to the Appellate Authority;

(viii) power is given to the Government to give directions to Competent Authority

or such other authority as may appear to it to be necessary for carrying out all or

any of the provisions of this Act or of any rule;

(ix) power is given to the Government to exempt any student or any class of

students from all or any of the provisions of this Act;

(x) penalty to the Managing Director or any other person responsible for

management of the affairs of the school violating the provisions of law.

4. The Bill seeks to achieve the above objectives.

Mumbai,

SUBHASH DESAI

Dated the 25th February 2020.

Minister for Marathi Language.

Vidhan Bhavan :

RAJENDRA BHAGWAT,

Mumbai,

Secretary (In-Charge),

Dated 26th February, 2020.

Maharashtra Legislative Council.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,

RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,

MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,

21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.