Maharashtra Local Authorities (Official Languages) Act, 2022

[31 OF 2022]

[07 April 2022]

An Act to provide for the use of Marathi language for the official purposes of the local authorities in the State of Maharashtra.

WHEREAS it is expedient to provide for the use of Marathi language for the official purposes of the local authorities in theState of Maharashtra; it is hereby enacted in the Seventy-thirdYear of the Republic of India as follows.

Section - 1. Short title.

This Act may be called the Maharashtra Local Authorities(Official Languages) Act, 2022.

Section - 2. Definitions.

In this Act, unless the context requires otherwise,

(a)      "Appointing Authority" means any local authority or anyofficer or authority thereof who has powers to appoint theemployees in any Local Authority or any department or officethereof:

(b)      "Disciplinary Authority" means the Authority competent toimpose penalties under the rules or regulations relating todiscipline applicable to the employees:

(c)      "District Marathi Language Committee" means a DistrictMarathi Language Committee constituted in each Districtunder section 5D of the Maharashtra Official Languages Act, 1964:

(d)      " employee " means any person employed as an employeeor officer in the office of the Local Authority and also includespersons employed on contractual basis;

(e)      " Local Authority " means,

(i)       Municipal Corporation, Municipal Council, NagarPanchayat, Industrial Township, Zilla Parishad, PanchayatSamiti, Village Panchayat, any other Local Self GovernmentAuthority or Planning Authority: or

(ii)      statutory corporations, Government companies or anyauthority owned, controlled or financed by the StateGovernment;

(f)       "Marathi" means the Marathi language in Devnagari scriptwhich is adopted in the State under the Government Resolutionsissued, from time to time:

(g)      " Marathi Language Officer " means an officer designatedas the Marathi Language Officer under section 5:

(h)     "prescribed" means prescribed by rules;

(i)       "State Government" means the Government of Maharashtra;

(j)       "State Marathi Language Committee" means a State MarathiLanguage Committee constituted under section 5C of theMaharashtra Official Languages Act, 1964.

Section - 3. Official language of Local Authorities.

(1)     The official language of all the Local Authorities in theState of Maharashtra shall be Marathi. Except the official purposesspecified in sub-section (2), Marathi shall be the language to beused for all official purposes as well as purposes related to the publicinterface and public interest in all offices of the Local Authority, including,

(a)      all internal affairs or business of all offices of the LocalAuthority:

(b)      all communication and correspondence to be made with thepublic in the State by the office of the Local Authority;

(c)      all noting, drafting, all remarks, comments and opinionsthereon, manuals, any administrative proceedings, bye-laws, alltypes of notices, any administrative work and business, schemes, programs, policies, decisions, resolutions, administrative and otherreports, press releases, invitation cards, letter-heads, communication of meetings, minutes of meetings or any otherdocuments pertaining to public interface and public interest tobe issued by any office of the Local Authority:

(d)      any license, permit, certificate, tender or advertisement tobe given or issued by or on behalf of the Local Authority or anyDepartment or office thereof:

(e)      all standard forms, proformas or registers to be used or anyother documents pertaining to the public interface and publicinterest in the office of the Local Authority:

(f)       all sign boards, name plates, notice boards and any otherdisplay matters pertaining to public interface and public interestin the Local Authority or any Department or office thereof:

(g)      all stamps or seals to be used in offices of the Local Authority;

(h)     any other documents or services to be provided online andany communication pertaining to the public interface and publicinterest to be made through the websites, apps, portals and anyother electronic mode of communication by any office of the Local Authority:

(i)       any other such official purposes as may be prescribed.

(2)     The English language may be used in,-

(i)       communication which is purely technical and scientific innature:

(ii)      correspondence with the Government of India and theoffices under it including Indian embassies, consular offices andtrade commissions:

(iii)     correspondence with any other State Government withwhom there is no agreement as referred to in the proviso toarticle 346 of the Constitution of India:

(iv)    correspondence with foreign embassies or consulates:

(v)      accounts to be rendered to the Accountant General andcorrespondence with the Accountant General;

(vi)    all statements for legal opinions and all legal opinions, legal briefs and conveyancing, matters connected with litigation in theHigh Court and Supreme Court, legal compilations and lawexaminations:

(vii)   medical prescriptions, post mortem report and reports inmedico-legal cases and such other technical matters in the Medical Department of the Local authorities:

(viii)  any other such purposes as may be prescribed.

Section - 4. Provisions in policy for effective implementtation of this Act.

Every Local Authority shall make suitable provisions in itspolicies pertaining to the public interface and public interest foruse of the Marathi for effective implementation of the provisionsof this Act.

Section - 5. Designationof Marathi Language Officer.

(1)     Every office of the Local Authority shall designate a suitableofficer as Marathi Language Officer to discharge the functionsassigned to him under this Act.

(2)     The Marathi Language Officer shall discharge the followingfunctions, namely.

(a)      receive the grievances pertaining to non-use of Marathi forofficial purposes and implementation of the provisions of this Actin the office and to facilitate for its effective redressal; and

(b)      to take steps to ensure the effective implementation of theprovisions of this Act and the rules made thereunder.

(3)     The Head of the office and any other officers and employeesin the office shall render necessary assistance to the MarathiLanguage Officer for discharging functions assigned to him underthis Act.

Section - 6. Proactive disclosure about use of Marathi.

Each office of the Local Authority shall proactively publish onits website or any other electronic mode or any other modes ofcommunication, which are easily accessible to the public, thatMarathi is being used for all official purposes as well as purposesrelated to the public interface and public interest, other thanpurposes mentioned in sub-section (2) of section 3.

Section - 7. Responsibility of implementation and compliance.

The administrative Head or Head of the Department or Headof the office or controlling officer of the office of the Local Authorityshall be responsible for,-

(a)      effective implementation of the provisions of this Act andthe rules made thereunder:

(b)      compliance of all directions and instructions issued by theDistrict Marathi Language Committee, State Marathi LanguageCommittee and the State Government, from time to time;

(c)      providing all necessary facilities and services for effectiveimplementation of the provisions of this Act and the rules madethereunder.

Section - 8. Powers and functions of District Marathi Language Committee.

(1)     The District Marathi Language Committee shall exercisethe following powers and discharge the following functions, namely.

(a)      give directions to all offices of the Local Authority in theDistrict for effective implementation of the provisions of this Actand the rules made thereunder:

(b)      enquire into and redress the grievances and complaintspertaining to non-use of Marathi for official purposes as well aspurposes related to the public interface and public interest andimplementation of the provisions of this Act and the rules madethereunder;

(c)      call and receive the necessary information, records andreports pertaining to complaints and grievances under this Actfrom all offices of the Local Authority in the District;

(d)      enquire into and resolve the complaints and grievancesregarding implementation of this Act and dispose of them in anexpeditious manner;

(e)      direct the concerned office of the Local Authority to complywith the provisions of this Act, if found violating any of theprovisions of this Act:

(f)       submit an annual report to the State Marathi LanguageCommittee about action taken by it in discharge of its functionsunder this Act alongwith its recommendations with regard to theeffective implementation of the provisions of this Act.

(2)     The offices of the Local Authority shall comply with thedirections of the District Marathi Language Committee within aperiod of fifteen days from the receipt thereof and forward acompliance report to the District Marathi Language Committee.

Section - 9. Power to give directions.

The State Government and State Marathi Language Committeemay issue such directions or instructions to all the offices of theLocal Authority as may be necessary for effective implementationof the provisions of this Act and the rules made thereunder. Theoffices of Local Authority shall comply with the directions of theState Government and State Marathi Language Committee.

Section - 10. Punishment.

The Appointing Authority and Disciplinary Authority shall on receipt of the complaint or grievance regarding non-implementationof the provisions of this Act and the rules made thereunder, initiatedisciplinary action against the employee of the concerned Local Authority under the service rules or regulations as applicable to him, if found necessary. The Appointing Authority and DisciplinaryAuthority shall submit a report regarding such disciplinary actiontaken by it to the District Marathi Language Committee.

Section - 11. Power to make rules.

(1)     The 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 Act shall be laid, as soon as maybe, 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 becomprised in one session or in two or more successive sessions, andif, before the expiry of the session in which it is so laid or the sessionimmediately following, both Houses agree in making any modificationin rule or both Houses agree that the rule should not be made, andnotify their decision to that effect in the Official Gazette, the ruleshall from the date of publication of such decision in the Official Gazette, have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification orannulment shall be without prejudice to the validity of anythingpreviously done or omitted to be done under that rule.

Section - 12. Power to remove difficulties.

(1)     If any difficulty arises in giving effect to the provisionsof this Act, the State Government may, as occasion arises, by anorder published in the Official Gazette, do anything not inconsistentwith the provisions of this Act, which appears to it to be necessaryor 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 soonas may be, after it is made, before each House of the StateLegislature.