Maharashtra act 005 of 1965 : The Maharashtra Official Languages Act, 1964

Section 1.Short title, extent and commencement.

(1) This Act may be called the Maharashtra Official Languages Act, 1964.

(2) It extends to the whole of the State of Maharashtra.

(3) This sections and section 3 shall come into force on the 26^th day of January 1965; and the remaining provisions of this Act shall come into ¹^, ²force 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 or different matters referred to in those provisions.

1. Sections 4 and 6 were brought into force with effect from 1st May 1966, vide G.N. G.A.D., No. OFL-1066 (i)-M, dated the 30th April 1966.

2. Section 5 was brought into force with effect from 15th August 1965, vide G.N. G.A.D., No. OFL-1095/737/CR-36/95/20- B, dated the 14th August 1995.

Rules

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
30-04-1966	Maharashtra Official Languages Rules, 1966

Section 1A.Marathi to be the official language of the State.

¹[1A. Marathi to be the official language of the State.- The official language of the State of Maharashtra shall be Marathi.]

1. Section 1A was inserted by Mah. 36 of 2015, s. 2.

Section 2.Definitions.

In this Act, unless the context requires otherwise,-

(a) "appointed day" in relation to section 3 means the 26^th day of January 1965, and in relation to any other provision of this, Act or any such provision in relation to any matter therein means the day on which that provision or any provision in relation to that matter comes into force;

(b) "Constitution" means the Constitution of India ;

¹[(b-1) "District Marathi Language Committee" means a District Marathi Language Committee constituted in each district under section 5D ;]

²[(c) "Marathi" means the Marathi language in Devnagari script which is adopted in the State under Government Resolutions issued, from time to time ;]

³[(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 ;

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

(g) "State Marathi Language Committee" means the State Marathi Language Committee constituted under section 5C.]

1. Clause (b-1) was inserted by Mah. 14 of 2021, s. 2(a).

2. Clause (c) was substituted by Mah. 36 of 2015, s. 3.

3. Clause (d) to (f) were added by Mah. 14 of 2021, s. 2(b).

Section 3.Continuance of English language for use in State Legislature.

Notwithstanding the expiration of the period of fifteen years from the commencement of the Constitution mentioned in article 210, the English language may, as from the appointed day, continue to be used, in addition to Hindi and Marathi, for the transaction of business in the Legislature of the State.

Section 4.Official language for official purposes of State.

¹[(1)] Subject to the provisions of this Act, Marathi shall, as from the appointed day, be the language to the used for all official purposes referred to in article 345 of the Constitution, as respects the State of Maharashtra except such purposes as the State Government may, by rules issued from time to time in the Official Gazette, specify, and Hindi may be used as the official language for such expected purposes.

²[(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 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

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

1. Section 4 was renumbered as sub-section (1) by Mah. 14 of 2021, s. 3.

2. Sub-section (2) was added by Mah. 14 of 2021, s. 3.

Section 5.Marathi language to be used in Bills, etc.

Marathi shall, as from the appointed day, be the language to be used -

(a) in Bills introduced (or amendments thereto to be moved) in either House of the Legislature of the State ;

(b) in all Acts passed by the Legislature of the State and in all Ordinances promulgated by the Governor of Maharashtra under article 213 of the Constitution ;

(c) in all orders, rules, regulation and bye-laws issued by the State Government under the Constitution, or under any law made by Parliament or the Legislature of the State :

¹[Provided that, the State Government may use the English language for the purposes of clauses (a) to (c), if it is satisfied that it is necessary so to do under special circumstances or for technical reasons.]

1. This proviso was inserted by Mah. 2 of 1996, s. 2.

Section 5A.Provisions in policy for effective implementation of this Act.

¹[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.

1. Sections 5A to 5I were inserted by Mah. 14 of 2021, s. 4.

Section 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 non-use 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.

Section 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 :-


(i)	Minister, Marathi Language	Chairperson ;
(ii)	State Minister, Marathi Language	Vice-Chairperson ;
(iii)	Chief Secretary, Government of Maharashtra	Vice-Chairperson ;
(iv)	Additional Chief Secretary (Services), General Administration Department	Member ;
(v)	Secretary, Marathi Language Department	Member ;
(vi)	Secretary, School Education Department	Member ;
(vii)	Secretary, Urban Development Department	Member ;
(viii)	Secretary, Revenue Department	Member ;
(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 along with 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.

Section 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 ;
(vi)	Two representatives amongst the persons residing in the district from the field of the Marathi language, arts, performing arts, literature, culture or publications to be nominated by the District Collector.	Member ;
(vii)	Two representatives of the non-Government institutions, organizations, movements or forums working in the district in the field of the Marathi language, arts, performing arts, literature, culture, publications or libraries to be nominated by the District Collector.	Member ;
(viii)	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.

Section 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 along with its recommendations with regard to the effective implementation of the provisions of this Acts ;

(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.

Section 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.

Section 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 service for effective implementation of the provisions of this Act and the rules made thereunder.

Section 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.

Section 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.]

Section 6.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 section shall be laid, as soon as may be 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 be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid on the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall from the date of publication of a notification in the Official Gazette of such decision have effect only in such modified from 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 to anything previously done or omitted, to be done under that rule.