[13 OF 2023] [10th March 2023] An Act
to provide for Comprehensive Development of Kannada Language and to provide
better opportunities in Education and Employment of Kannadigas. Whereas
it is expedient to provide for comprehensive development of Kannada language to
provide better opportunities and also welfare measures in all walks of life of
kannadigas and for matters connected therewith or incidental thereto; Be it
enacted by the Karnataka Legislature in the Seventy Third Year of the Republic
of India as follows:- (1)
This Act may be
called the Kannada Language Comprehensive Development Act, 2022. (2)
It 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. In this
Act unless the context otherwise requires,- (a)
"Disciplinary
Authority" means the officer designated as Disciplinary Authority in the
relevant Service Rules; (b)
"Enforcement
Authority" means the Committees designated as per section 7 of the Act; (c)
"Enforcement
Officer" means an officer designated under section 9 of the Act; (d)
"Government"
means the Government of Karnataka; (e)
"Kannadiga"
means a person or his parents or in their absence legal guardian who is/are
ordinarily resident of Karnataka for not less than fifteen years and having
knowledge of reading and writing Kannada and possessing such documents in this
regard as may be prescribed; (f)
"Local
Authority" means such of the local self Governments created by the law and
includes any other statutory or non-statutory bodies, Trusts, co-operative and
other societies established by the State Government and other bodies as may be
notified by the State Government; (g)
"Official
Language" means Kannada language declared as per Section 3 of the Act; (h)
"State"
means State of Karnataka. The
Kannada Language shall be the Official Language of the State and Local
Authorities. (1)
Kannada shall be
used:- (i)
In all Bills to
be introduced and all Acts to be passed by the State Legislature; and (ii)
In all Orders,
Rules, Regulations or Bye-laws issued by the Government, all Local Bodies,
Boards, Corporations, Statutory and Non-Statutory Bodies or undertakings and
registered Co-Operative Societies. (2)
All existing
Legislations in English language enacted by the State Legislature before the
commencement of this Act shall be translated and published in Kannada Language. (3)
All the important
Central Acts with Karnataka Amendments shall also be translated into Kannada. (4)
Kannada language
shall be used for all the official and administrative purposes and
correspondences in the State and by the Local Authorities. Provided
that: (a)
English language
may be used for correspondence with The Government of India, Foreign Countries,
Other States, High Courts, Supreme Court and in any other circumstances where
English language has to be used as provided by law; (b)
Linguistic
minorities as far as possible use Kannada language or English for
correspondence with Government, Head of Departments and other Government
offices. In such cases, the replies may be in Kannada or in English; and (c)
Where the English
language cannot be dispensed with due to administrative reasons or where such
communications are purely technical and scientific in nature, English language
can be used. (1)
The State
Government shall constitute the Official Language Commission under the
Department of Parliamentary Affairs and Legislation consisting of the following
members, namely:- (a) Retired
Secretary to the Government, Department of Parliamentary Affairs and
Legislation. Chairman (b) One retired
officer of the Department of Translation not below the rank of Deputy
Director. Member (c) One retired
Officer or a retired professor conversant with translation and a graduate of
law. Member (d) Additional
Director of Department of Translation. Member
Secretary (2)
The Chairman and Members of the Commission nominated by the
Government shall hold office for a term of five years. (3)
The nominated Chairman and Members shall be whole time
members of the Commission and shall be eligible for such pay and allowances as
specified in the Karnataka Civil Service Rules. (1)
Translation
of any Central Acts with respect to any of the subject enumerated in List III
of the seventh Schedule to the Constitution of India or of any State Acts in
Kannada language published under the Authority of the , in any Official Gazette
shall be deemed to be authoritative text. (2)
Translation
in Kannada language of any Rules, Regulations, Bye-Laws, Schemes, Orders,
Notifications, etc., made under any State or Central Act by the State
Government and published in Official Gazette shall be deemed to be the
authoritative text. (1)
Every
office of the State Government, including officers subordinate and under
administrative control of each Department of Secretariat, shall make suitable
provisions in its policies pertaining to public interface and public interest
for use Kannada for effective implementation of the provisions of this Act. (2)
The
following Committees shall function as enforcement authorities in the State
namely:- (a)
State
Level Committee.- There shall be a State Level Committee consisting of,- (i)
The
Minister incharge of the Kannada and Culture Department as the Chairperson; (ii)
The
Chief Secretary to Government as the Vice-Chairperson; (iii)
The
Chairman of the Kannada Development Authority – Member (iv)
The
Additional Chief Secretary to Government, Department of Personnel and
Administrative Reforms (DPAR) - Member; (v)
The
Additional Chief Secretary to Government, Department of Commerce and Industries
- Member; (vi)
The
Secretary to Government, Department of Kannada and Culture - Member; (vii)
The
Director, Directorate of Kannada and Culture, shall be the convener of the
committee ; and (viii)
A
Representative of the State Kannada Sahitya Parishat - Invitee. Provided
that, in the absence of the Chairperson the Vice-Chairperson shall preside over
the meeting of the State level Committee. (b)
District
Level Committee.- There shall be a District Level Committee under the
Chairmanship of the Deputy Commissioner consisting of following members: (i)
The
Chief Executive Officer of Zilla Panchayat; (ii)
The
Commissioner of the City Corporation if there is a City Corporation in the
District. In other Districts where there is no City Corporation, the Municipal
Commissioner or Chief Officer of City Municipal Council, as the case may be; (iii)
The
Deputy Director of Public Instructions of the District; (iv)
The
Joint Director, Department of Commerce and Industries of each District; (v)
Project
Director, District Urban Development Cell; and (vi)
The
Assistant Director, Directorate of Kannada and Culture, shall be the
convener-Member Secretary. (c)
Taluka
Level Committee.- There shall be a Taluka Level Committee of,- (i)
The
Assistant Commissioner as the Chairperson; (ii)
The
Executive Officer of the Taluka Panchayath -Member; (iii)
The
Tahasildar of the Taluka shall be the convener of the Committee. (iv)
The
Block Education Officer of the Taluka - member; (v)
The
Commissioner or the Chief Officer of the City Muncipal Council or Town
Municipal Council or Town Panchayath - member ; and (vi)
The
Panchayat Development Officers in the Taluka - member. (1)
(a)
The Taluka Committee shall hold a meeting every three months and submit its
report regarding steps taken for the enforcement of Kannada Language to the
District Level Committee within fifteen days from the date of the meeting. (b)
The District Committee shall hold a meeting once in three months and submit its
report to the State Level Committee within fifteen days from the date of the
meeting. (c)
The State Committee shall hold a meeting once in three months and submit its
report to the Government within fifteen days thereof. (d)
The District and Taluka Level Committees shall take necessary action on the
report submitted by the Enforcement Officer. (2)
The
Assistant Director of Kannada and Culture being the convener of the District
Level Committee shall co-ordinate with the Taluka and District Committees to
ensure that the meetings as specified above are conducted and the reports are
submitted in time to the State Level Committee. (a)
An
officer not below the rank of Group A officer of the State Government, shall be
designated as an Enforcement Officer. However Group B officer belonging to the
Department of Kannada and Culture shall be preferably designated as an
Enforcement Officer. (b)
The
Enforcement Officer shall be appointed by,- (i)
The
Deputy Commissioner for the District in respect of Government Departments, Statutory
Boards and Corporations other than Local Bodies or (ii)
The
Commissioner of the Corporation for the Corporation area in respect of Local
Bodies or (iia) In respect of the Grama
Panchayat, Taluk Panchayat and Zilla Panchayat the Chief Executive Officer of
Zilla Panchayat ; or (iii)
The
Joint Director, Department of Industries and Commerce in respect of industries,
shops and commercial establishments as the case may be. Provided
that, in respect of Bruhat Bengaluru Mahanagara Palike (BBMP) area, the Chief
Commissioner of BBMP may appoint any number of Enforcement Officers as
required. (i)
conduct
periodical inspection in the Government Departments and the Local Authorities
under sub-section (1) and (5) of section 17; (ii)
conduct
periodical inspection to ensure compliance of sub-section (6) to (10) of
section 17; (iii)
The
inspection reports shall be submitted to the Committees concerned in such
manner as may be prescribed. (1)
As
per the New Education Policy, in Higher, Technical and Professional Education
course, practical and functional knowledge of Kannada language pertaining to
concerned professional course shall be taught to the students as prescribed by
the respective Universities. (2)
In
so far as students who have not studied Kannada as one of the languages at the
SSLC level shall also be taught basic Kannada Language as a subject prescribed
in the University syllabus. Provided
that, a person who has passed SSLC or equivalent examination in Kannada as
first or second language is exempted from such Kannada Language examination. (1)
The
District Courts or Trial Courts as the case may be and Tribunals shall conduct
proceedings in Kannada and pronounce the orders and judgments in Kannada
Language; Provided
that, the Presiding Officer of any such Court or Tribunal may while recording
evidence in Kannada, make use of English words and phrases wherever necessary; Provided
further that, the High Court may by general or special order permit the
Presiding Officer to record evidence in English. (2)
Notwithstanding
anything contained in any other Act, all the Orders of all quasi-judicial
functionaries of the State Government shall be in Kannada. (1)
The
board displaying the name of the State Government Departments, Undertakings or
Autonomous Bodies, Co-Operative and Public Undertakings, Educational
Institutions, Banks, other Financial Institutions, Private Industries and
Universities, of the officers and designations shall be primarily in Kannada. (2)
The
particulars displayed on the boards erected under the supervision of various
Government Departments and local authorities of the State including names of
roads and extension areas, shall be primarily in Kannada. (3)
All
Tender Notifications, Advertisements, Application forms, Digital Forms,
Certificates and Notifications issued by the Government or Local Authorities
for publication in Karnataka shall be primarily in Kannada. (4)
The
pamphlets, banners, flex, electronic display boards, informations, notices,
etc., of programmes conducted by Government, Local Authorities, Institutions
whether Aided or Un-Aided, shall be primarily in Kannada. (5)
The
Boards, Advertisements, Receipts, Bills, Notices, etc., in connection with any
project undertaken by the Government or implemented with any kind of
consideration, grant concession from Government or allied Institutions or Local
Authorities shall be primarily in Kannada. (6)
The
upper half portion of boards displaying the names of Commercial, Industrial and
Business Undertakings, Trusts, Counseling Centres, Hospitals, Laboratories,
Amusement Centers and Hotels etc., functioning with the approval and sanction
of Government or Local Authorities, shall be in Kannada and lower half can be
in any other language. (7)
As
far as possible all the Industrial and other consumer products manufactured
within and sold in the State shall bear the product name and direction for use,
if any, in Kannada apart from any other language. (8)
In
all the boards displaying advertisements and notices published for the
information of general public in the State, a fixed percentage of the content
shall be in Kannada. The classification of advertisements or percentage of
Kannada portions of advertisements to be displayed shall be as prescribed by
the State. (9)
Every
industrial establishment in the State owned by the State and Central
Government, Public Sector Undertakings, Banks and Private Industries having
more than one hundred employees shall establish,- (a)
Kannada
Cell headed by senior employee of the organization having knowledge of Kannada
for the purpose of usage of Kannada Language in day-to-day work functions of
the organization and to carry out such other functions as may be prescribed. (b)
Kannada
Kalika Ghataka (basic Kannada Teaching Unit) for non-Kannada speaking
employees. The Government at the request of such establishments shall provide
necessary teaching staff and study materials at their cost. (10)
Every
person employed in Banks and other Financial Institutions situated within the
State of Karnataka shall use Kannada language also in all its communication and
correspondence with the public. (1)
E-Governance
Department shall develop open source software and accessories for the efficient
use of Kannada language in the field of Information Technology. (2)
The
information in the websites of various Departments of Government, Local
Authorities, Quasi-Governmental Institutions, Public Sector Undertakings,
Autonomous Bodies, Co-operative Societies, etc., shall be made available in
Kannada in Unicode or available technology from time to time and website shall
be modified for selecting any language to be used therein. (3)
The
facility shall also be made available for the use of Kannada in the etenders
and e-Governance projects being implemented in the Government Departments. (4)
All
electronic applications developed by Government and Local Authorities shall
also be in Kannada. All electronic application forms, messages, letters, etc.,
shall also be in Kannada. (1)
No
private industry, establishment or institution shall be eligible for concession
of land or any other concession of tax rebate or deferment of tax or any kind
of grant-in aid unless such industry, establishment or institution provides not
less than such percentage of reservation to Kannadigas as per the industrial
policy notified by the State. (2)
If
any industry which has undertaken to comply with the industrial policies of the
State prescribed for reservation in employment for Kannadigas, fails to fulfill
the obligation, shall be liable for disentitlement of continuation of benefits
namely concessions and tax rebates or deferment or any kind of grant-in aid in
future and shall also be liable for recovery of the same. Such disentitlement
shall be invoked only after giving an opportunity of hearing to the said
industry. (3)
The
Finance Department and Commerce and Industries Department of the Government
shall ensure the compliance of the provision of sub-section (1) and (2). Annual
Report in this regard shall be laid before both Houses of State Legislature and
upload in the Departmental website. (4)
The
Commerce and Industries Department shall send report to the State Government
and upload in the Departmental Website, the details of establishments who have
availed incentives or concessions from the State and also the details of
employment provided to the Kannadigas as per the industrial policy. (5)
All
the industries governed by the Apprentice Act, 1961(Central Act 52 of 1961)
shall give preference to Kannadigas in providing apprentice training. (6)
In
all industries having more than one hundred employees which have received
concession or incentives as per the industrial policy, the Enforcement Officer
designated under sub-clause (iii) of clause (b) of section 9 shall also
function as the Nodal Officer, who shall be submit a quarterly report to the
District Level Committee regarding measures taken for implementation or
compliance as required under the Act. (1)
The
Government Officer entrusted with the duty of enforcing Official Language if
fails to comply with the provisions of this Act, such conduct shall be deemed
to be dereliction of duty and shall be liable for such disciplinary action as
may be determined by the Disciplinary Authority. (2)
Any
failure on the part of the Government officials in using Kannada language in
official and administrative transactions shall be deemed to be dereliction of
duty and the same shall be reported by the respective Committees to the State
Level Committee for needful disciplinary action: Provided
that, before taking such disciplinary action, the concerned officer or
official, shall be given an opportunity of being heard. (i)
fine
which may extend to Rs.5,000/- for the first offence. (ii)
fine
which may extend to Rs.10,000/- for the second offence and (iii)
fine
which may extend to Rs.20,000/- for every subsequent offence and shall also be
liable for cancellation of the license. Explanation:-
For this purpose before initiating any action, the Enforcement Officer shall
issue a show-cause notice indicating the violation of the Act and provide
opportunity for compliance of the provisions of this Act within fifteen days
from the date of notice. Failure to comply with show cause notice will attract
the aforesaid offence and penalty. (1)
Any
offence whether committed before or after the commencement of this Act
punishable under section 23, may either before or after the institution of the
prosecution, can be compounded by such officers or authorities and for such
amount as the State Government may, by notification in the Official Gazette,
specify in this behalf. (2)
Where
an offence has been compounded against the offender under subsection (1), no
further prosecution shall be taken against him. (1)
The
State Level Committee shall supervise the implementation of provisions of this
Act. (2)
It
shall be the duty of the said Committee to inform the Appointing Authority or
Disciplinary Authority to take suitable action against the officers responsible
for violation of the provisions of this Act. (3)
It
shall be mandatory for every Appointing Authority or Disciplinary Authority to
take appropriate action on the recommendation of the State Level Committee
within a reasonable time not exceeding one year from the date of communication
of the report. (4)
The
State Level Committee may also recommend for suitable action in respect of
violation of other provisions of the Act to the Appropriate Authorities. (1)
The
Government may, by notification in the Official Gazette make rules for carrying
out the purposes of this Act. (2)
Every
rule made under this Act shall be laid as soon as may be 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 decide that any rule should not be 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. any
Officer of the Government in respect of anything which is done in good faith or
intended to be done in pursuance of this Act and any Rules or Orders made there
under. (1)
If
any difficulty arises in giving effect to the provisions of this Act, the
Government may, by order published in the Gazette, make provisions not
inconsistent with the provisions of this Act which appear to be necessary or
expedient, for removing the difficulty: Provided
that, no such order shall be made after the expiry of period of two years from
the date of commencement of this Act. (2)
Every
order made under this Section shall, as soon as may be after it is made, be
laid before the Karnataka State Legislature. (1)
The
Karnataka Official Language Act 1963 (Karnataka Act 26 of 1963) and the
Karnataka Local Authorities (Official Language) Act, 1981 (Karnataka Act 30 of
1981) are hereby repealed. (2)
Notwithstanding
such repeal, anything done or any action taken under the said Act shall be
deemed to have been done or taken under this Act.Kannada
Language Comprehensive Development Act, 2022
The Enforcement Officer in order to ensure the compliance of general measures
prescribed under the provisions of this Act shall perform following duties:-
The Directorate of Kannada and Culture shall also be the Directorate of
Enforcement of the Official Language.
In so far as Education in all schools in the State are concerned, the
provisions of Kannada Language Learning Act, 2015 (Karnataka Act 22 of 2015)
shall continue to apply.
Students who have studied in Kannada medium from 1st Standard to 10th Standard
in Karnataka or in Kannada Medium Schools in any other States shall be provided
such percentage of reservation in Higher, Technical and Professional Education
as may be notified by the State Government.
In addition to other qualifications or conditions prescribed, every person
seeking State Government employment or employment in any Local Authorities,
Boards, Corporations, Statutory or Non-Statutory Bodies or registered
Co-Operative Societies and other Societies of the State Government, must pass
Kannada language examination conducted by the Karnataka Public Service
Commission or any other Authority notified by the Government in this behalf
which is equivalent to first or second language of 10th Standard or SSLC.
Scheme shall be formulated by E-Governance Department for awarding incentives
to persons who provide creative suggestions to the Government for the effective
development of Kannada language in the field of Information Technology.
The State Government shall establish employment portal for Government Offices,
Institutions, Local Authorities, Public Enterprises, Private Industries,
Establishments and their appointing agencies in Karnataka. Such portal shall
notify the vacancies and posts to be filled-up along with the prescribed
knowledge of Kannada for such employment.
Whoever being the owner or person in-charge of any industry, shop, firm and
commercial establishment, fails to comply with the provision of subsection (6)
to (10) of section 17 of this Act shall be liable for fine as noted below:
The State Government may issue such directions or instructions to all officers
of the State Government as may be necessary for effective implementation of the
provisions of this Act and the rules made thereunder.
No suit, prosecution or other legal proceedings shall lie against the State
Government or the Local Authority or
All rules, orders, notifications issued on the matters specified in this Act by
the State Government before the commencement of this Act shall be valid and
deemed to have been done or issued under the provisions of this Act and they
shall continue until it is modified or withdrawn under this Act.