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Punjab act 025 of 2008 : The Punjab Learning of Punjabi and other Languages Act, 2008

PUNJAB GOVT GAZ. (EXTRA.), OCT. 22, 2008 107

(ASVINA 30, 1930 SAKA)

PART-I

DEPARTMENT OFLEGAL AND LEGISLATIVE AFFAIRS, PUNJAB

Notification

The 22nd October, 2008

No. 28-Leg/2008.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 10th October, 2008 and is hereby published for general information :

THE PUNJAB LEARNING OF PUNJABI AND OTHER

LANGUAGES ACT, 2008

(Punjab Act No. 25 of 2008)

AN

ACT

to provide for learning of Punjabi as compulsory subject by all students studying in First to Tenth Class and for learning of other languages also, and for the matters comected therewith or incidental thereto. (b)

BE it enacted by the Legislature of the State of Punjab in the Fifty ninth Year of the Republic of India, as follows:

1. () This Act may be called the Punjab Learning of Punjabi and Short title and other Languages Act, 2008.

(2) It shall come into force at once.

2. In this Act, unless the context otherwise requires.

(a) 'academic yea" means the year commencing with effect from the Ist day of April of every year :

"board or institution" means an authority, empowered by law or an order of any Governmnent to award matriculation certificate :

(c) "competent authority" means the authority, appointed under section 6 of this Act :

(d) "prescribed" means prescribed by rules made under this Act :

COMmencement.

Definitions.

AB EX . , 08

A I A , )

1

T LEG I TI E AIRS,

oti cation

ctober,

No. 28-Leg./2008.—The following Act of the Legislature h Punjab recejved the assent of the Governor of Punjab on the 10th October, 2008 and is hereby published for general information :—

THE PUNJAB LEARNING OF PUNJABI AND OTHER

L NGUAGES T,

ct o.

i njabi pulsory ject u nts u n irst 10 t l r an ges , h at nn ed h i n tal r to. BE it ct egislature t t nj Fifty- ear epubli ia, ow —

1. (1) This Act may be called the Punjab Learning of Punjabi and Short title and commenc nt

other anguages ct. 08.

(2) It shall m once.

. i ct, nless ntext t erwise requires.— Defin t ons

"aca ic ear" means ar mencing it ct om Ist day of Apnl of every year :

(a)

(hb) "board r sti ti n" eans uthority, powered or ove ent ar matriculation

ert icate

(c) 'competent authority" means the authority, appointed under ct 6 f is ct ;

) "prescribed" eans rescribed r les ade nder t is ct -

1

Teaching of Punjabi as compulsory subject. Teaching of Hindi as compulsory subject.

Teaching of

English.

Competent

authority.

108

Power to exempt.

PUNJAB GOVT

GAZ.

(EXTRA.). OCT. 22.

008

(ASVINA 30. 1930

SAKA)

(e)

(f)

"school" includesany primary school. middie school.

hreh

school and senior secondary sehool. established and maintained

by the State

Government or a locai body Or panchayat. sOCiety

or trust or such other schocls. as may be noified

by the State

Government frOm time to time:

"section meansa section of this ACt;

(g) "society means a society

registered under the Societies

Registration Act. 1860 (Central Act No. 2! of 1860) ;

(i)

(i) "State Government" means the Government of the State of Punjab; and

"trust" includes any trust registered under the Indian Trusts,

Act. 1882 (Central Act No. 2 of

1982).

3. () Punjabi shall be taught as a compulsory subjcct in all schools from First Class to Tenth Class from the academic year 2009-10.

(2) No board or institution shall award matriculation certificateto

any student. unless he has passed the Tenth Class examinationin

Punjabi subjec1.

4. Hindi shall be taught as a compulsory subject in all schools from Third Class to Eighth Class from the academic year 2009-10.

5. Notwithstanding anything contained in sections 3 and 4, there shall be no bar in teaching English in any school.

6. (2) The State Government may, by notification in the Official Gazette, appoint any officer of the Department of School Education, not below the rank of the District Education Officer. to be the competent authority for the purposes of carrying out the provisions of this Aet and the rules made thereunder.

(2) The competent authority shall exercise such powers and perform Such functions, as may be prescribed to carry out the provisions of this Act.

7. The State Government may. subject to such conditions, as it may deem fit,by general or specia! order. to be published in the Official Gazette. exempt any class or category of students from all or any of the provisions of this Act. Teaching of

Punjabi as

compulsory

subject.

Teaching of Hindi

as compulsory

subject.

Teaching of

English.

Competen,

authority.

Power to Cxempy,

Ct 2. 2008

a OCT 22.2 'NJAB GOVT GAZ. (EXTRA KA

i

HE PUNJA (ASVINA 30. 1930 SAK.

hiehL ( Sch ? i an : ; Ny . OI. i > fl WimMdl Ss i RE. INE "1 des Nn' pi 3 | S.

. | or : > Q d ry school. establis ed nd 1 h

- secon : 2

yu Ciel

SC and SCHOO SEC | | I

< G nment or a local { ody OI [ anc » C b € dle BAT I ( b YANCHaN IS

trust or suc other schocls. as may be notified by the State or S > | Gover ment from time to time : N

(f) "section" means a section of this Act | "society" means a society registered under the Societies

" Ac J 2 T1860) :

Registration Act. 1860 (Central CL No. ! ot oo

3 N 3 a 2% 208 of

(1) "State Government" means the Government of the State 1 -

Punjab : and

(7) "trust" includes any trust registered under the Indian rusts, Act. 1882 (Cen ral Act No. 2 of 1982).

3. (1) Punjabi shal be taug as a compulsory subject in all schools from First Class (o Tenth Cla rom the academic year 2009-10.

(2) No board or sti ti n shall award matriculation Certificate to any student. unless he has pas ed the Tenth Class Punjab; subject. EXamination in

4. Hindi shall be taught as 4 compulsory subject jn ga) schools from Third Class to Eighth Clas, from the academic year 2009-1. S. Notwithstanding anything contained shall be no bar in teaching English jp any school.

(2) The competent authori y sh exercise such Powers ang perform Such funy,

Ons. as m y be prescribed to Carry out the Provisions of thi Act, ew The State Governmen; may. subject ¢

7.

;

deem 1 0 such condition m fit, by &€neral or Special ord er. to be Published ip the Offic Class tategory of Students fry,

S, as it may

ial Gazette. all or any of the Provision of

2

PUNJAB GOVT GAZ. EXTRA.J. 0CT. 22. 2008 (ASVINA 30, |930 SAKA)

109

8. ) Anv school. whch coniravenes the provIsOns ol this Act or the Penalty rules made thereunder for a monh for the lust bme. shall b hable for a penalty of rupcCs (wenty ive thousand Provided that if sueh a sehool contravenes the prov1sions of this Act or the rules made thereunder for a month for the sccond time, then it shall be liable for a penalty of rupees fifty thousand :

Provided turther that if such a school contravenes the provisions of this Act or the rules made thereunder for a month for the third time and thereafter, then it shall be liable fora penalty of rupees one lac. (2)If any school continues to make contravention of thc provisiOns

of this Act and the rules made thereunder beyond a pcriod of one year, the State

Government may, direct the board or institution, as the case may be, to disaffiliate

the school to which such a school is affiliated.

(3) No penalty as provided under sub-section (I), shall be imposcd, unless the school concerned is given an opportunity of being heard.

9. The penalty imposed under this Act, shall be recoverable as arrears Recovery of of land revenue.

10. No suit, prosecution or other legal prOceeding shall lie against the State Government, competent authority or any officer or official of the State Government in respect of anything, which is in good faith done or intended to be donc in pursuance of the provisions of this Act or the rules made thereunder.

11. Save as otherwise provided in this Act, the provisions of this Act, or Over-riling efteet. the rules made there-under, shall have effect, notwithstanding anything inconsistent therewith contained in any other law enacted by the Punjab State Legislature. 12.//) The State Government may. by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

penalty as arrears

of land revenue.

Protection of

acion taken in

good fath.

(2) Every rule made under this Act shall be laid, as soon as may be, after it is made, before the House of the State Legislature, while it is in session, for a total period of ten days, which may be conprised 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 successive scssions as aforesaid, the House agrees in making any modification in the rule, or House agrees, that the rule should not be made. the

rule shall thereafter, have effect only in such modified tormn or be of no effect as

the case may be, so however, that any

such nod1ication or annulment shalb

without prejudice to the validity of anythng previOusly doneor omitted to be

done under that rule.

Power lo make

rules.

PUNIAB GOVT GA/ (EXTRA OC 0» 2008

(ASVINA 10, 1930 SAKA)

(1 N he I

(11 Any school. whic « ontravenes the provisions of thie Act or the Penalty al s ade thereunder tor month Lov th fost nme. shall be liable for 4 penalty ob ees t ent fi e d y » . \ ' N Provided that if such a school contravenes the provisions of this Act or

l s ade thereunder for a month second time, the it shall be liable

tor a penalty of rupees fitty thousand :

) 1 : > Nye , "gs Lo N Provided turther that if such a school contravenes the provisions of this

ct or ad thereunder for a month for the third time and thereafter,

t en shall liable for a penalty of rupees one lac.

(2) school continues to make contravention of the provisions ct rules ma thereunder beyond a period of one year, the State Government may, direct the board or institution, as the case may be, to disaffiliate scho l hi ol affiliated.

(3) No penalty as provided under sub-section (7), shall be imposed, l ss scho l concer ed i g opportunity of being heard. al m s er ct, al erable ecover

and evenue. l

an r enue.

10. No suit, prosecution or other legal proceeding shall lie against the Protection of State Government, competent authority or any officer or official of the State action then in A ye : g od faith over ment in respect of anything, which is in good faith done or intended to be © in pursuance of the provisions of this Act or the rules ad thereunder.

11. as otherwise provided in this Act, thé provisions of this Act, or Over-riding cftect h a h nder, all t ct, t it st nding t i n nsistent

h ith t d n r aw t the Punjab State Legislature.

12.( The State Government ay. tification in the Official Gazette, Po wer to make

5 this Ac ule

s

a o n h s s f h ct.

R

(2) Every rule made under this Act shall a a o after it is made, before the House of the State Legistat re, hi it s n s , for a total period of ten days, whi m sed in

o r o

u sive e ion , nd , o e h expir o he ession 1m ; uch it is so laid or the successive sessions as aforesaid, the in a n

modification in the rule, or Housc a . at Hw cu e sh n ade, he rule shall thereafter, e e u odifi form o e t, as

ake Ti .» er. ha ny uch m ilication o annulmen shall be the case the validity of ing p ously o mit ed to without done under that ru e.

3

Power to remove difficulties.

I10 PUNJAB GOVT GAZ. (EXTRA.), OCT. 22, 2008

(ASVINA 30, 1930 SAKA)

13. If any difficulty arises in giving effect to the provisions of this Act. the State Governnent may. by order. published in the Official Gazette, make such provision, not inconsistent with the provisions of this Act, as may appear to it. to be necessary for removing the difficulty

Provided that no such order shall be made under this section after the expiry of a period of two years from the date of commencement of this Act.

REKHA MITTAL,

Secretary to Government of Punjab, Department of lLegal and Legislative Affairs.

10 U A G . (EX A.) O . 2 200

A I A 30, 19 SA )

Power to remove 13. Irany ditficulty arises in giving effect to the provisions of this Act difficulties.

the State G ver ment m . b order, p l in the Official Gazet e,

suc provision, not consi tent with the provisions of this Act, as a to it. to be necessary for removing the difficulty :

o ded th such d sh th s se ion a er he

expiry of a period of two years from the date of commencement of this Act.

KHA I

Secretary o Government nj b, epart ent of I. gal egislati e f ai PIOSO LRP) Gent. Poesy OF Cli

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