[4
OF 2023] [03rd
March 2023] AN ACT to provide and ensure
teaching and learning of Gujarati as one of the languages in all Schools in the
State of Gujarat. WHEREAS a policy decision
has been taken by the Government of Gujarat to ensure that all students
studying in the school imparting elementary education in the State shall learn
Gujarati as one of the languages in a phased manner from the academic year
2023-24. It is hereby enacted in the
Seventy-fourth Year of the Republic of India as follows:- (1)
This Act may be called the Gujarat Compulsory
Teaching and Learning of Gujarati Language Act, 2023. (2)
It shall come into force on such date as the Government
may, by notification, in the Official Gazette, appoint. (a)
"Academic year" means the academic
year commencing as per concerned Board; (b)
Competent authority" means the competent
authority appointed by the Government under section 4; (c)
"elementary education" means the
education from first class to eighth class as defined in clause (f) of section
2 of the Right of Children to Free and Compulsory Education Act, 2009; (d)
"Government" means the State
Government; (e)
"prescribed" means prescribed by
the rules; (f)
"School" means, (i)
any school imparting any class of elementary
education, established and maintained by the Government or Local Bodies; or (ii)
any school imparting any class of elementary
education, established and administered or maintained by any private
educational agency including minority school established and administered under
clause (1) of article 30 of the Constitution of India, whether receiving aid
out of the State fund or not; or (iii)
such other Schools which are running in the
State of Gujarat and have affiliation with any Board; (g)
"State" means the State of Gujarat; (1)
Gujarati language shall be taught as a
compulsory language in all schools in the State as an additional language, in
the phased manner, as may be required. (2)
In those Schools which are not teaching
Gujarati as a language, shall introduce Gujarati as an additional language,
from the first standard from the academic year 2023-24 and extend up to eighth
standard in the phased manner. (3)
Every School shall follow textbooks
prescribed by the Government for teaching Gujarati as an additional language. (1)
The Government may appoint, by notification,
in the Official Gazette, any officer of the Education Department not below the
rank of Deputy Director in the office of the Directorate of Primary Education,
Government of Gujarat to be the Competent Authority for the purposes of
carrying out the provisions of this Act and the rules made there under and
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. (1)
In case of students with domicile outside
Gujarat, who are studying in School of Gujarat, exemption may be granted, from
all or any of the provisions of this Act. Such exemption may be granted by the
concerned School where the student is enrolled, on written request of students
parent/guardian with valid reasons. (2)
The list of such students along with
requisite details shall be intimated to the concerned District Education
Officer / District Primary Education Officer as and when such decision has been
taken by the School. (1)
Any school, which contravenes the provisions
of this Act or the rules made thereunder for a month for the first time, shall
be liable for a penalty of rupees fifty thousand: Provided that if such a
school contravenes the provisions of this Act or the rules made thereunder for
a month for the second time, then it shall be liable for a penalty of rupees
one lakh: Provided further that if
such a school contravenes the provisions of this Act or the rules made
thereunder for a month for the third time and thereafter, then it shall be
liable for a penalty of rupees two lakh. (2)
The competent authority shall be competent to
impose penalty under sub-section (1). (3)
Where the Government is of the opinion that
it is necessary or expedient to do so, it may, for reasons to be recorded in
writing, suitably enhance or reduce any of the penalty as specified in
sub-section (1). (4)
If any School continues to make
contraventions of the provisions of this Act or the rules made thereunder
beyond a period of one year, the Government may, direct the Board or
institution, as the case may be, to disaffiliate the School, to which such a School
is affiliated. (5)
No penalty as provided under sub-section (1)
shall be imposed, unless the School concerned is given an opportunity of being
heard. (6)
An officer not below the rank of Deputy
Director of the office of Directorate of Primary Education, Government of
Gujarat may recover such penalty in such a manner, as may be prescribed. (1)
The Government may, in the public interest,
by 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. (2)
On receipt of the report from the competent
authority under sub-section (1), the Government shall give such direction as it
deems fit and such direction shall be final and binding. (1)
The Government may, by notification in the
Official Gazette, after previous publication, make rules to carry out the
purposes of this Act. (2)
All rules made under this section shall be
laid for not less than thirty days before the State Legislature as soon as may
be they are made, and shall be subject to rescission by the State Legislature
or to such modification as the State Legislature may make, during the session
in which they are so laid or the session immediately following. (3)
Any rescission or modification so made by the
State Legislature shall be published in the Official Gazette, and shall
thereupon take effect. (1)
If any difficulty arises in giving effect to
the provisions of this Act, the Government may, within a period of two years
from the commencement of this Act, by an order published in the Official
Gazette, make such provisions not inconsistent with the provisions of this Act,
as may appear to it to be necessary or expedient for removal of difficulty. (2)
Every order made under this section shall be
laid, as soon as may be after it is made, before the House of the State
Legislature.Gujarat
Compulsory Teaching And Learning Of Gujarati Language Act, 2023
In this Act, unless the context otherwise requires,
The competent authority appointed under Section 4 shall be deemed to be public
servant within the meaning of Section 21 of the Indian Penal Code, 1860.
The Education Department, Government of Gujarat may, subject to such
conditions, as it may deem fit by general or special order, to be published in
the Official Gazette other than the provisions of Section 6 of this Act, exempt
any School or category of students from all or any of the provisions of this
Act.
Save as otherwise provided in this Act, the provisions of this Act, or the
rules made thereunder, shall have effect, notwithstanding anything inconsistent
therewith contained in any other law enacted by the Gujarat State Legislature.
No suit, prosecution or other legal proceedings shall lie against the competent
authority, Government or its officers for anything which is in good faith done
or intended to be done under this Act or any rule or order made there under.