Maharashtra
Official Languages (Amendment) Act, 2021
[14 OF 2021]
[16 July 2021]
An Act further to
amend the Maharashtra Official Languages Act, 1964.
WHEREAS it is
expedient further to amend the Maharashtra Official Languages Act, 1964, for
the purposes hereinafter appearing; it is hereby enacted in the Seventy-second
Year of the Republic of India, as follows :-
Section - 1. Short title :-
This Act may be
called the Maharashtra Official Languages (Amendment) Act, 2021.
Section - 2. Amendment of section 2 of Mah. V of 1965 :-
In section 2 of
the Maharashtra Official Languages Act,1964 (hereinafter referred to as
"the principal Act"),-
(a) after clause (b),
the following clause shall be inserted, namely :-"(b-1) "District
Marathi Language Committee" means a District Marathi Language Committee
constituted in each district under section 5D;";
(b) after clause (c),
the following clauses shall be added, namely :-
"(d)
"Marathi Language Officer" means an officer designated as the Marathi
Language Officer under sub-section (1) of section 5B; (e)
"prescribed" means prescribed by rules ;"State Government"
means the Government of Maharashtra ;
(f) "State Marathi Language
Committee" means the State Marathi Language Committee constituted under
section 5C."
Section - 3. Amendment of section 4 of Mah. V of 1965 :-
Section 4 of the
principal Act shall be renumbered as sub-section (1) thereof; and after sub-section
(1), as so renumbered, the following sub-section shall be added, namely :-
"(2) All official purposes under sub-section (1) includes the
following namely :-
(a)
all internal
affairs or business of all offices of the State Government;
(b) all communication
and correspondence to be made with the public in the State by all offices of
the State Government;
(c) all noting,
drafting, all remarks, comments and opinions thereon, manuals, any
administrative proceedings, bye-laws, all types of notices, any administrative
work and business, schemes, programs, policies, decisions, resolutions,
administrative and other reports, press releases, invitation cards,
letter-heads or any other orders or documents pertaining to public interface
and public interest to be issued by any office of the State Government;
(d) all
administrative and other reports and official papers to be laid before the both
Houses of the State Legislature;
(e) any license,
permit, certificate, tender or advertisement to be given or issued by or on
behalf of the State Government or any Department or office thereof;
(f)
all standard forms, proformas or registers to be used or any other
documents pertaining to public interface and public interest in offices of the
State Government;
(g) all sign boards, name
plates, notice boards and any other display matters pertaining to public
interface and public interest in offices of the State Government;
(h)
all stamps or
seals to be used in offices of the State Government;
(i)
any other documents or services to be provided through internet and
any communication pertaining to the public interface and public interest to be
made through the website, apps, portals, and any other electronic mode of
communication by any office of the State Government; and any other such official
purposes as may be prescribed.".
Section - 4. Insertion of new sections 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H and 5I in Mah. V of 1965 :-
After section 5
of the principal Act, the following sections shall be inserted, namely :-
"5A. Provisions in policy for
effective implementation of this Act. Every office of the State Government,
including offices subordinate and under administrative control of each
Department of Mantralaya, shall make suitable provisions in its policies
pertaining to public interface and public interest for use of Marathi for
effective implementation of the provisions of this Act.
5B. Designation
of Marathi Language Officer.
(1) Every office of
the State Government shall designate a suitable officer as Marathi Language
Officer to discharge the functions assigned to him under this Act.
(2) The Marathi
Language Officer shall discharge the following functions, namely:-
(a)
receive the grievances or complaints pertaining to nonuse of Marathi
in official purposes and implementation of the provisions of this Act in the
office and to facilitate for its effective redressal; and
(b)
to take steps to ensure the effective implementation of the provisions
of this Act and the rules made thereunder.
(3) The Head of the
Office and any other officer and employees in the office shall render necessary
assistance to the Marathi Language Officer for discharging the functions
assigned to him under this Act.
5C. Constitution
of State Marathi Language Committee.
(1) There shall be a
State Marathi Language Committee to exercise the powers conferred on and to
discharge the functions assigned to it under this Act.
(2) The State Marathi
Language Committee shall consist of the following members, namely :-
Chairperson;
(i) Minister, Marathi Language
Vice-Chairperson;
(ii) State
Minister, Marathi Language
Vice-Chairperson;
(iii) Chief
Secretary, Government of Maharashtra
(iv) Additional Chief Secretary (Services), General Administration
Department? Member;
Member;
(v) Secretary,
Marathi Language Department
Member;
(vi) Secretary,
School Education Department
Member;
(vii) Secretary,
Urban Development Department
Member;
(viii) Secretary,
Revenue Department
(ix)Deputy
Secretary, Marathi Language Department
Member-
Secretary.
(3) The State Marathi
Language Committee may invite experts from various fields, as it may deems fit,
from time to time, for the meeting.
(4) The State Marathi
Language Committee shall meet at least once in a year.
(5) The State Marathi
Language Committee shall exercise the following powers and discharge the
following functions, namely :-
(i) ensure and
review the implementation of the provisions of this Act and the rules made
thereunder;
(ii) consider an
annual report alongwith recommendations submitted by the District Marathi
Language Committee about action taken by it in discharge of its functions under
this Act and to give directions to the District Marathi Language committee as
it deems fit for effective implementation of the provisions of this Act;
(iii) give
directions to all offices of the State Government and the District Marathi
Language Committee as it deems fit for effective implementation of the
provisions of this Act and the rules made thereunder;
(iv) recommend such incentives, rewards
or schemes as may be necessary for? effective
implementation of the provisions of this Act and the rules made thereunder.
5D. Constitution
of District Marathi Language Committee.
(1) The District
Collector of each district shall constitute a District Marathi Language
Committee in the District to exercise the powers conferred on and to discharge
the functions assigned to it under this Act.
(2) The District Marathi
Language Committee shall consist of the following members, namely :-
(i) District Collector?? Chairperson;
(ii) Municipal Commissioner? Member;
(iii) Superintendent of Police Member;
(iv) Chief Executive Officer (Zilla Parishad) Member;
(v)District Education Officer Member;
Two
representatives amongst the persons residing in the district from the field of
the Marathi language, arts, performing arts,
Member;
(vi)
literature,
culture or publications to be nominated by the District Collector
Two
representatives of the non-Government institutions, organizations, movements or
forums working in the district in the (vii) field of the Marathi language,
arts, performing arts, literature,
Member;
culture,
publications or libraries to be nominated by the District Collector
(vii)
?Marathi Language Officer
designated in the office of the District Collector
Member-Secretary.
(3) The non-official members
referred to in clauses (vi) and (vii) above shall hold the office for such
period as the District Collector may, by an order, specify.
(4) The District
Marathi Language Committee shall meet at least once within three months.
5E. Powers and functions
of District Marathi Language Committee.
(1) The District
Marathi Language Committee shall exercise the following powers and discharge
the following functions, namely :-
(a)
give directions to all offices of the State Government in the District
for effective implementation of the provisions of this Act and the rules made
thereunder;
(b)
enquire into and redress the grievances or complaints pertaining to
non-use of Marathi for official purposes and implementation of the provisions
of this Act and the rules made thereunder;
(c)
call and receive the necessary information, records and reports
pertaining to complaints or grievances under this Act from all offices of the
State Government in the District;
(d)
enquire into and resolve the complaints or grievances regarding
implementation of this Act and dispose them in an expeditious manner;
(e)
direct the concerned office of the State Government to comply with the
provisions of this Act, if found violating any of the provisions of this Act;
(f)
organize various programs, projects, activities, workshops,
exhibitions and seminars as may be directed by the State Government, time to
time, with regard to the implementation of the provisions of this Act;
(g)
submit an annual report to the State Marathi Language Committee about
action taken by it in discharge of its functions under this Act alongwith its
recommendations with regard to the effective implementation of the provisions
of this Act;
(h)
exercise such other powers and perform such other functions as may be
prescribed.
(2) The offices of
the State Government shall comply with the directions of the District Marathi
Language Committee within a period of fifteen days from the receipt thereof and
forward a compliance report to the District Marathi Language Committee.
5F. Proactive
disclosure about use of Marathi.
Each office of
the State Government shall proactively publish on its website or any other
electronic mode or any other mode of communication which are easily accessible
to the public that Marathi is being used in all official purposes, other than
excepted purposes under this Act and rules made thereunder.
5G.
Responsibility of implementation and compliance.
The
administrative Head or Head of the Department or Head of the office or
Controlling Officer of the office of the State Government shall be responsible
for,-
(a) effective
implementation of the provisions of this Act and the rules made thereunder;
(b) compliance of all
directions and instructions issued by the District Marathi Language Committee,
the State Marathi Language Committee and the State Government, from time to
time;
(c) providing all
necessary facilities and services for effective implementation of the
provisions of this Act and the rules made thereunder.
5H. Power of
Government to give directions.
The State
Government may issue such directions or instructions to all offices of the
State Government as may be necessary for effective implementation of the
provisions of this Act and the rules made thereunder.
5I. Punishment.
The Disciplinary
Authority shall on receipt of complaint or grievance regarding
non-implementation of the provisions of this Act, initiate disciplinary action
against the concerned Government servant under the Maharashtra Civil Services
(Discipline and Appeal) Rules, 1979 or any other service rules or regulations
as applicable to him, if found necessary. The Disciplinary Authority shall
submit a report regarding such disciplinary action taken by it to the State
Marathi Language Committee and District Marathi Language Committee."