WEST BENGAL OFFICIAL LANGUAGE ACT, 1961 THE WEST BENGAL OFFICIAL LANGUAGE ACT, 1961 [Act No. 24 of 1961] [11th November, 1961] An Act to provide for the adoption of the Bengali language as the
language to be used for the official purposes of the State of West Bengal
including purposes of legislation. It is hereby enacted as
follows :- (1)
This Act may be called the West Bengal Official Language Act,
1961. (2)
It extends to the whole of West Bengal. With effect from such date,
not later than [1]
[four years] from the date of commencement of this Act, as the State Government
may, by notification in the Official Gazette, appoint in this behalf,- (a)
in the three hill subdivisions of the district of Darjeeling,
namely, Darjeeling, Kalimpong and Kurseong, the Bengali language and the Nepali
language, and (b)
elsewhere, the Bengali language, shall be the language or
languages to be used for the official purposes of the State of West Bengal
referred to in article 345 of the Constitution of India, and different dates
may be appointed for different official purposes or for different areas in West
Bengal : Provided that the issue of
any such notification shall be without prejudice to:- (i)
the use of any language other than the Bengali language which is
authorised by or under any law for the time being in force to be used for any
purpose in any of the civil or criminal courts within the State of West Bengal,
and (ii)
the use of the English language in the examinations conducted by
the Public Service Commission, West Bengal. With effect from such date
as the State Government may, by notification in the Official Gazette, appoint
in this behalf, the Bengali language shall be the language to be used- (a)
in Bills introduced in, and Acts passed by, the Legislature of
West Bengal, Ordinances promulgated by the Governor of West Bengal under
article 213 of the Constitution of India and rules, regulations and by-laws
made by the State Government under the Constitution of India or under any law
made by Parliament or the Legislature of West Bengal; and (b)
in notifications or orders issued by the State Government under
the Constitution of India or under any law made by Parliament or the
Legislature of West Bengal : Provided that different
dates may be appointed in respect of different matters referred to in clauses
(a) and (b). [2] [Notwithstanding
anything contained in section 3, with effect from such date as the State
Government may, by notification in the Official Gazette, appoint in this
behalf, the Nepali language may, in addition to the Bengali language, be used
for such- (a)
rules, regulations and by-laws made by the State Government under
the Constitution of India or under any law made by Parliament or the
Legislature of West Bengal, and (b)
notifications or orders issued by the State Government under the
Constitution of India or under any law made by Parliament or the Legislature of
West Bengal, as apply to the three hill sub-divisions of the district of Darjeeling,
namely, Darjeeling, Kalimpong and Kurseong : Provided that different
dates may be appointed in respect of different matters referred to in clause
(a) or (b). Explanation.- For the
purposes of section 3 and this section the words "law made by Parliament
or the Legislature of West Bengal" shall include any law made before or
after the commencement of the Constitution of India by any legislature or other
competent authority in the territory of India having power to make such a law.] [3] [
Notwithstanding:- (a)
the appointment of any day under section 2 or section 3 [4]
[or section 3A] for the coming into operation of the provisions thereof, or
Preamble - THE WEST BENGAL OFFICIAL LANGUAGE ACT, 1961PREAMBLE
(b)
the expiration of the period of fifteen years from the
commencement of the Constitution, the English language may, as from the day so
appointed or from the day on which such period expires, as the case may be,
continue to be used ?
(i)
for all official purposes of the State of West Bengal for which it
was being used immediately before that day, and
(ii)
for the transaction of business in the State Legislature, in
addition to any language or languages specified in section 2 or section 3.]
Section 5 - Authoritative text of Central and State Laws in Bengali and Nepali languages
[5] [ A
translation in the Bengali language or the Nepali language, published under the
authority of the Governor in the Official Gazette,-
(i)
of any Central Act or of any Ordinance promulgated by the
President, or
(ii)
of any notification, order, rule, regulation or bye-law issued by
the Central Government under the Constitution or under any Central Act, or
(iii)
of any State Act or of any Ordinance promulgated by the Governor,
or
(iv)
of any notification, order, rule, regulation or bye-law issued by
the State Government under the Constitution or under any State Act, shall be
deemed to be the authoritative text thereof in such language.]
Section 6 - Power to make rules
[6] [ (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 section shall be laid, as soon as may be after it is made,
before 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 immediately following the
session or the successive sessions aforesaid, the State Legislature agrees in
making any modification in the rule or the State Legislature agrees that the
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.]
[1] Words
substituted for the words "two years" by W. B. Act 23 of 1963.
[2] Section
3A inserted by W. B. Act 39 of 1973.
[3] Section 4
inserted by W. B. Act 19 of 1964.
[4]
Words,
figure and letter ins. by W. B. Act 39 of 1973.
[5] Sections
5 and 6 inserted by W. B. Act 3 of 1987, w.e.f. 1.3.1987.
[6] Sections
5 and 6 inserted by W. B. Act 3 of 1987, w.e.f. 1.3.1987.