OFFICIAL LANGUAGE ACT 1963

Articles 343 to 351

On 14th September, 1949 Hindi Was accepted as Official Language of the Union by the Constitutional Assembly to include in the Constitution of India which was promulgated on 26 th January, 1950. We celebrate Hindi Day (Hindi Divas) on 14 th September, every year. Provisions regarding Official Language are contained in Article 120 (1), 210(1) and 343 to 351 of the constitution.

Constitutional Chapters

Chapter I - Language of the Union

Article 343- Official language of the Union
1
The official language of the Union shall be Hindi, script will be Devnagari script and the form of numerals shall be the international form of Indian numerals.
2
English language shall continue to be used for all the official purposes for a period of fifteen years.
3
After the said period, Parliament may by law provide for the use of
athe English language,
bthe Devnagari form of numerals for such purposes as may be specified in the law.

Article 344- Commission and Committee of Parliament on official language
1
The President shall constitute a commission after five years from the commencement of the constitution i.e. 1955 and thereafter ten years i.e. 1960 to make recommendations to the president about -
athe progressive use of Hindi Language for the official purpose of the union and
brestrictions on the use of the English language for all or any of the official purposes of the Union;
2
There shall be constituted a Committee consisting of thirty members, of whom 20 shall be from Lok Sabha and 10 from Rajya Sabha to examine the recommendations of the OL Commission and to report to the President their opinion thereon.

First Commission

First Commission was constituted on 07.06.1955 under the Chairmanship of Shri Bal Gangadhar Kher, famous politician of Maharashtra. The commission is also known as KHER COMMISSION. The commission submitted it's report on - 31.07.1956.

→

To study the report of OL Commission, a Committee was constituted in September, 1957 under the Chairmanship of Shri Govind Ballabh Pant, the then Home Minister and submitted its report on 08.02.1959.

Second OL Commission was not constituted.

⚡

On the recommendations of Official Language Committee, orders were issued in 1960 which are known as the President Orders, 1960.

Chapter II - Regional Languages

Article 345 - Official language or languages of a State
The legislature of a State may by law adopt any one or more of the languages in use in the State or Hindi as the Language or Languages to be used for all or any of the official purposes of that State. Until the State do so, the English language shall continue to be used for those official purposes within the State.

Article 346 - Official languages for Communication between one State and another or between a State and the Union
The language for the time being authorized for use in the Union for official purposes shall be the official language for communication between one State and another State and between a State and the Union. If two or more States agree that the Hindi language should be the official language for communication between such States, that language may be used for such communication.

Article 347 - Special provision relating to language spoken by a section of the population of a State
If a substantial proportion of the population of a State desire the use of any language spoken by them to be recognized by that state shall also be officially recognized with the consent of the President.

Chapter III - Language of Courts

Article 348 - Language to be used in the Supreme Court and in the High Courts and for Acts, Bills, etc.
The following will be continued in English until a law is provided by the Parliament -
aAll proceedings in the Supreme Court and in every High Court,
bthe authoritative texts Bills or their amendments, all Acts passed by Parliament or the Legislature of a State, all Ordinances promulgated by the President or the Governor of a State, all orders, rules, regulations and bye-laws issued under this Constitution or under any law made by Parliament or the Legislature of a State.

Article 349 - Special procedure for enactment of certain laws relating to language
During the period of fifteen years from the commencement of this Constitution, no Bill or amendment for the language mentioned under article 348 (1)) shall be introduced or moved in the Parliament unless president gives sanction after considering the recommendations of the commission and the committee constituted under article 344 and the report of the Committee constituted under that article.

Chapter IV - Special Directives

Article 350- Language to be used in representations for redress of grievances
Every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or a State in any of the languages used in the Union or in the State.

Article 350A- Facilities for instruction in mother-tongue at the primary stage
Every State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.

Article 350B- Special Officer for linguistic minorities
There shall be a Special Officer for linguistic minorities to be appointed by the President who will investigate all matters relating to the safeguards provided for linguistic minorities and report to the President.

Article 351- Directive for development of the Hindi language
It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages.

Important Note

Constitutional Provisions about Official Language

Part – V, Article 120- Language to be used in Parliament
Business in Parliament shall be transacted in Hindi or in English. Any member who cannot adequately express himself in Hindi or in English, with the permission of the Chairman of the Council of States (Rajya Sabha) or Speaker of the House of the People (Lok Sabha), he can address the House in his mother-tongue.

Part – VI, Article 210- Language to be used in the Legislature
Business in the Legislature of a State shall be transacted in the official language or languages of the State or in Hindi or in English. Any member who cannot adequately express himself in any of the languages aforesaid to address the House, with the permission of the Speaker of the Legislative Assembly or Chairman of the Legislative Council, he can address the House in his mother-tongue.

Sections of Official Language Act 1963

To ensure compliance of OL Provisions mentioned under the article number 343 and reports of OL Commission and OL Committee, provision under article 344, an act was passed in Parliament on 10 May, 1963, called as Official Language Act, 1963, under which provision for the usage of English language was made in the official documents of government after 26 Jan., 1965. The salient features of the act are:

The salient features of this act are –

→There are total 9 (nine) sections in this act.

→This act was amended in 1967.

→Section 6 & 7 are not applicable to erstwhile Jammu & Kashmir state.

Section 1Short title and commencement

1This Act may be called the Official Languages Act, 1963.

2Section 3 shall come into force on the 26th day of January, 1965 and the remaining provisions of this Act shall come into force on such date¹ as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.

Section 2Definitions

In this Act, unless the context otherwise requires,—

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

b"Hindi" means Hindi in Devanagari Script.

Section 3Continuation of English language for official purposes of the Union and for the use in Parliament

iEnglish will be continued in addition to Hindi for all the official purposes of the Union and for business in Parliament for which it was being used earlier.

iiHindi or English will be used for correspondence between Central Government offices.

iii

Under the Section 3(iii) of the act, 13 documents were made mandatory to be issued in Hindi – English bilingual form means the said documents will not be issued without Hindi version.

Documents covered under section 3(3) –

1General orders

2Notices

3Resolution

4Rules

5Notifications

6Administrative or other reports

7Press Communications

8Contracts

9Agreements

10Tender

11Licenses

12Permits

13Papers submitted in any houses of the parliament in the form of administrative reports and other representations & official documents.

ivAny central government employee, having proficiency either in Hindi or in the English will not be placed at a disadvantage on the ground that they do not have proficiency in both the languages so that interests of general public is not hampered and quick and efficient disposal of official business is done.

vStates, whose official language is not Hindi, will continue to work in English unless they pass a resolution in State assembly to discontinue the use of English and further it is passed by both the houses of the parliament.

Section 4Committee on Official Language

1After the expiration of ten years from the date on which section 3 comes into force, there shall be constituted a Committee on Official Language, on a resolution to that effect being moved in either House of Parliament with the previous sanction of the President and passed by both Houses.

2The Committee shall consist of thirty members of whom twenty shall be members of the House of the People and ten shall be members of the Council of States, to be elected respectively by the members of the House of the People and the members of the Council of States in accordance with the system of proportional representation by means of the single transferable vote.

3It shall be the duty of the Committee to review the progress made in the use of Hindi for the official purposes of the Union and submit a report to the President making recommendations thereon and the President shall cause the report to be laid before each House of Parliament, and sent to all the State Governments.

4The President may, after consideration of the report referred to in sub-section (3), and the views, if any, expressed by the State Governments thereon, issue directions in accordance with the whole or any part of that report.

Section 5Authorised Hindi translations of Central Acts, etc.

A translation in Hindi published under the authority of the President in the Official Gazetteon and after the appointed day,—

aof any Central Act or of any Ordinance promulgated by the President, or

bof any order, rule, regulation or bye-law issued under the Constitution or under any Central Act,

shall be deemed to be the authoritative text thereof in Hindi.

2As from the appointed day, the authoritative text in the English language of all Bills to be introduced or amendments thereto to be moved in either House of Parliament shall be accompanied by a translation of the same in Hindi authorised in such manner as may be prescribed by rules made under this Act.

Section 6Authorised Hindi translation of State Acts in certain cases

1Where the Legislature of a State has prescribed any language other than Hindi for use in Acts passed by the Legislature of the State or in Ordinances promulgated by the Governor of the State, a translation of the same in Hindi, in addition to a translation thereof in the English language as required by clause (3) of article 348 of the Constitution, may be published on or after the appointed day under the authority of the Governor of the State in the Official Gazette of that State and in such a case, the translation in Hindi of any such Act or Ordinance shall be deemed to be the authoritative text thereof in the Hindi language.

Section 7Optional use of Hindi or other official language in judgments, etc., of High Courts

As from the appointed day or any day thereafter, the Governor of a State may, with the previous consent of the President, authorise the use of Hindi or the official language of the State, in addition to the English language, for the purposes of any judgment, decree or order passed or made by the High Court for that State.

Where any judgment, decree or order is passed or made in any such language (other than the English language), it shall be accompanied by a translation of the same in the English language issued under the authority of the High Court.

Section 8Power to make rules

1The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

2Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament 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, both Houses agree in making any modification in the rule or both Houses agree 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.

Section 9Certain provisions not to apply to Jammu and Kashmir

Section 6 (Authorized Hindi Translation of State Acts in certain cases) and Section 7 (Optional use of Hindi or other official language in Judgements of High Courts) of this section shall not apply to the State of Jammu and Kashmir.

THE OFFICIAL LANGUAGE RESOLUTION, 1968

1A more intensive and comprehensive program (annual) should be prepared and implemented by the GoI for accelerating the spread and development of Hindi.

2Steps should be taken for effective development of all the languages by the Government of India in consultation with the State Governments so that they grow rapidly in richness and become effective means of communicating for modern knowledge.

3For promoting the sense of unity and facilitating communication between people in different parts of the country, the three-language formula be implemented for the study of a modern Indian language, preferably one of the Southern languages, apart from Hindi and English in the Hindi speaking areas and of Hindi along with the regional languages and English in the non-Hindi speaking areas.

aCompulsory knowledge of either Hindi or English shall be required at the stage of selection of candidates for recruitment to the Union services.

bLanguages included in the Eighth Schedule to the Constitution and English shall be permitted as alternative media for the All India and higher Central Services examinations.

Languages in VIIIth Schedule of the Constitution

The following languages are accepted in the constitution as official language for the Union states. Of these languages, 14 were initially included in the Constitution, which are now 22 in numbers. Official Language of the union (for Central Govt employee) is Hindi.

I. Initially added languages - 14

1Assames

2Odia

3Urdu

4Kannada

5Kashmiri

6Gujarati

7Tamil

8Telugu

9Punjabi

10Bengali

11Marathi

12Malayalam

13Sanskrit

14Hindi

II.

15Sindhi (1967 vide 21st amendment)

III.(Three languages were added in 1992 vide 71st amendment - Konkani, Manipuri and Nepali)

16Konkani

17Manipuri (Meitei)

18Nepali

IV.(Four languages added in 2004 vide 92nd amendment - Bodo, Dongari, Mythili and Santhali)

19Bodo

20Dongari

21Mythili

22Santhali

THE OFFICIAL LANGUAGE ACT 1963 AMENDED IN 1967

Section 3(1)

Continuation of English: English shall continue to be used in addition to Hindi for official purposes of the Union and for use in Parliament.

Section 3(2)

Communication with Central Entities: Hindi or English may be used for communication between Ministries, Departments, Offices of the Central Government and any Corporation or Company owned by the Central Government.
Translation in Hindi/English shall continue until the staff concerned acquires working knowledge of Hindi.

Section 3(3)

Bilingual Requirement:Both Hindi & English must be used for: Resolutions, General Orders, Rules, Notifications, Administrative and other reports, press communiqués, contracts, agreements, licences, permits, notices, and forms of tender issued by Central Government offices.

Rulemaking Power

The Central Government may make rules by notification in the Official Gazette to carry out the provisions of the Act.

Resolution, 1968

Intensive & Comprehensive Programme: The Government of India should prepare and implement a robust programme to accelerate the spread and development of Hindi in collaboration with State Governments.

Official Languages Rules - 1976

By using the power under Section 8 of the Official Language Act, 1963, the Central Government has made these rules in the year 1976 to ensure the progressive use and gradual development of Hindi. There are total 12 rules and these rules have been amended in year 1987, 2007 & 2011.

Rule 1Short title, extent & commencement

iThese rules may be called the Official Languages (Use for Official Purposes of the Union) Rules, 1976.

iiThey shall extend to the whole of India, except the State of Tamilnadu.

iiiThey shall come into force on the date of their publication in the Official Gazette.

Rule 2Definitions

a"Act" means the Official Languages Act, 1963 (19 of 1963):

b"Central Government Office" includes Ministries, Departments, offices, Commissions, Committees, Tribunals, corporations or companies owned or controlled by Central Government;

c"Employee" means any person employed in a Central Government office;

d"Notified Office" means an office notified under sub-rule (4) of rule 10;

A, B and C Regions as per Official Language Rules, 1976

Region - Hindi speaking states or governments (Union Territory/State) has recognized Hindi as the official language.

1Andaman-Nicobar Islands
2Bihar
3Chhattisgarh
4Delhi
5Haryana
6Himachal Pradesh
7Jharkhand
8Madhya Pradesh
9Rajasthan
10Uttar Pradesh
11Uttarakhand

Region - Semi-Hindi speaking area ie.. where the language is similar to Hindi or Devanagari.

1Chandigarh
2Dadra and Nagar Haveli
3 Daman & Diu
4 Gujarat
5Maharashtra
6Punjab

Region - Non-Hindi speaking area ie.. where the language is different from Hindi. Apart from 'A' and 'B' regions mentioned above, rest of the States/UTs (except Tamilnadu) comes under 'C' region.

1Andhra Pradesh
2Arunachal Pradesh
3Assam
4Goa
5J & K
6Karnataka
7Kerala
8Lakshadweep
9Manipur
10Meghalaya
11Mizoram
12Nagaland
13Odisha
14Puducherry
15Sikkim
16Tripura
17West Bengal

Rule 3Communications to States etc. other than to Central Government offices

1Communications from a Central Government office to a State or a Union Territory in Region"A" or to any office (not being a Central Government office) or person in such State or Union Territory shall, save in exceptional cases, be in Hindi, and if any communication is issued to any of them in English it shall be accompanied by a Hindi translation thereof.

Communications from a Central Government office:

ato a State or Union Territory in Region "B" or to any office (not being a Central Government office) in such State or Union Territory shall ordinarily be in Hindi and if any communication is issued to any of them in English, it shall be accompanied by a Hindi translation thereof;Provided that if any such State or Union Territory desires the communications of any particular class or category or those intended for any of its offices, to be sent for a period specified by the Government of the State or Union Territory concerned, in English, or in Hindi with a translation in the other language, such communication shall be sent in that manner;

bto any person in a State or Union Territory of Region "B" may be either in Hindi or English.

3Communications from a Central Government office to State or Union Territory in Region"C" or to any office (not being a Central Government office) or person in such State shall be in English.

Notwithstanding anything contained in sub-rules (1) and (2), communications from a Central Government office in Region "C" to a State or Union Territory of Region "A" or Region "B" or to any office (not being a Central Government office) or person in such State may be either in Hindi or in English.Provided that communications in Hindi shall be in such proportion as the Central Government may, having regard to the number of persons having working knowledge of Hindi in such offices, the facilities for sending communications in Hindi and matters incidental thereto determine from time to time.

Rule 4Communications between Central Government Offices

1
Between one Ministry or Department of the Central Government and another may be in Hindi or in English;
2
Between one Ministry or Department of the Central Government and attached or subordinate offices situated in Region "A", shall be in Hindi and in such proportion as the Central Government may, having regard to the number of persons having a working knowledge of Hindi in such offices, the facilities for sending communications in Hindi and matters incidental thereto, determine from time to time;
3
Between Central Government offices situated in Region "A", other than those specified in clause (a) or clause (b), shall be in Hindi;
4
Between Central Government offices situated in Region "A" and offices in Region "B" or Region "C" may be in Hindi or in English:Provided that these communications shall be in Hindi in such proportion as the Central Government may, having regard to the number of persons having working knowledge of Hindi in such offices, the facilities for sending communications in Hindi and matters incidental thereto, determine from time to time:
5
Between Central Government offices situated in Region "B" or Region "C" may be in Hindi or English;Provided that these communications shall be in Hindi in such proportion as the Central Government may, having regard to the number of persons having working knowledge of Hindi in such offices, the facilities for sending communications in Hindi and matters incidental thereto, determine from time to time;
Provided that a translation of such communication in the other language shall:-
1. iWhere that communication is addressed to an office in Region "A" or Region "B", be provided, if necessary, at the receiving end;
2. iiWhere the communication is addressed to an office in Region "C", be provided alongwith such communication;Provided further that no such translation in the other language shall be required to be provided if the communication is addressed to a notified office.

Rule 5Replies to communications received in Hindi

Notwithstanding anything contained rules 3 and 4, communications from a Central Government office in reply to communications in Hindi shall be in Hindi.

Rule 6Use of both Hindi and English

Both Hindi and English shall be used for all documents referred to in sub-section (3) of section 3 of the Act and it shall be the responsibility of the persons signing such documents to ensure that such documents are made, executed or issued both in Hindi and in English.

Rule 7Application, representations etc.

1An employee may submit an application, appeal or representation in Hindi or in English.
2Any application, appeal or representation referred to in sub-rule (1) when made or signed in Hindi, shall be replied to in Hindi.
3Where an employee desires any order or notice relating to service matters (including disciplinary proceedings) required to be served on him to be in Hindi, or as the case may be, in English, it shall be given to him in that language without undue delay.

Rule 8Noting in Central Government offices

1An employee may record a note or minute on a file in Hindi or in English without being himself required to furnish a translation thereof in the other language.
2No Central Government employee possessing a working knowledge of Hindi may ask for an English translation of any document in Hindi except in the case of documents of legal or technical nature.
3If any question arises as to whether a particular document is of a legal or technical nature, it shall be decided by the Head of the Department or office.
4Notwithstanding anything contained in sub-rule (1), the Central Government may, by order, specify the notified offices where Hindi alone shall be used for noting, drafting and for such other official purposes as may be specified in the order by employees who possess proficiency in Hindi.

Rule 9Proficiency in Hindi

An employee shall be deemed to possess proficiency in Hindi if:-

ahe has passed the Matriculation or any equivalent or higher examination with Hindi as the medium of examination; or
bhe has taken Hindi as an elective subject in the degree examination or any other examination equivalent to or higher than the degree examination; or
che declares himself to possess proficiency in Hindi in the form annexed to these rules.

Rule 10Working knowledge of Hindi

1
An employee shall be deemed to have acquired a working knowledge of Hindi —
1. a
  If he has passed —
  1. ithe Matriculation or an equivalent or higher examination with Hindi as one of the subjects; or
  2. iithe Pragya examination conducted under the Hindi Teaching Scheme of the Central Government or, when so specified by that Government in respect of any particular category of posts, any lower examination under that Scheme; or
  3. iiiany other examination specified in that behalf by the Central Government; or
2. bif he declares himself to have acquired such knowledge in the form annexed to these rules.
2The Staff of a Central Government office shall ordinarily be deemed to have acquired a working knowledge of Hindi if eighty per cent of the Staff working therein have acquired such knowledge.
3The Central Government or any officer specified in this behalf by the Central Government may determine whether the staff of a Central Government office has acquired a working knowledge of Hindi.
4The names of the Central Government offices, the staff whereof have acquired a working knowledge of Hindi, shall be notified in the Official Gazette:Provided that the Central Government may, if it is of opinion that the percentage of the staff working in a notified office and having a working knowledge of Hindi has gone below the percentage specified in sub-rule (2) from any date, it may, by notification in the Official Gazette, declare that the said office shall cease to be a notified office from that date.

Rule 11Manuals, Codes, other procedural literature, articles of Stationery, etc.

1The forms and headings of registers used in any Central Government office shall be in Hindi and in English.
2All name-plates, sign-boards, letter-heads and inscriptions on envelopes and other items of stationery written, printed or inscribed for use in any Central Government office, shall be in Hindi and in English:Provided that the Central Government may, if it is considered necessary to do by general or special order exempt any Central Government office from all or any of the provisions of this rule.

Rule 12Responsibility for Compliance

1
It shall be the responsibility of the administrative head of each Central Government office
1. ito ensure that the provisions of the Act and these rules and directions issued under Rule (2) are properly complied with; and
2. iito devise suitable and effective check-point for this purpose.
2The Central Government may from time to time issue such directions to its employees and offices as may be necessary for the due compliance of the provisions of the Act and these rules.

Targets for OL Implementation for the year 2025 - 26

Original Correspondence in Hindi

From A regions to: A - 100%, B - 100%, C - 70%, States/UT of A & B regions - 100%

From B regions to: A - 90%, B - 90%, C - 60%, States/UT of A & B regions - 90%

From C regions to: A - 60%, B - 60%, C - 60%, States/UT of A & B regions - 60%