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SERVER5\973FDE\973FDE(2)A 103<br />
103<br />
O.M. No. I/14013/09/99-OL (P-1), dated 9.12.1999<br />
Subject:— Applicability of the official language policy of the Government of India to autonomous bodies etc. clarification—<br />
regarding<br />
Attention of the Ministry of Health and Family Welfare etc. is invited to the deliberations of the Central Official<br />
Language Implementation Committee held on 16, 17 and 18 June, 1999. A specific clarification was sought in the meeting by<br />
a representative of a participating Department, whether orders regarding the Official Language Policy of the Government<br />
were applicable or not to the autonomous bodies. After consultations with the Ministry of Law, it is now clarified as<br />
below:—<br />
(1) Art. 343(1) of the Constitution states that the Official Language of the Union shall be Hindi in Devnagari script. As<br />
per clause (2) of the Article, for a period of 15 years from the date of the commencement of the Constitution, the English<br />
language shall continue to be used for all official purposes of the Union for which it was being used immediately before<br />
such commencement. The proviso to clause (2) provides that the President may, during the said period, by order authorise<br />
the use of Hindi language in addition to English language. Clause (3) states that Parliament may by law provide for the use,<br />
after the said period of 15 years, of the English language for such purposes as may be prescribed by law.<br />
(2) The Official Languages Act, 1963 was enacted in pursuance of clause (3) of Art. 343 and clause (2) of Art. 120 of the<br />
Constitution to provide for the continued use of English language in addition to Hindi for all official purposes of the Union<br />
for which it was being used immediately before the 26 January, 1965 and for transaction of business in Parliament.<br />
(3)The autonomous bodies and registered societies promoted or set up by the Government of India are<br />
instrumentalities of the Union and come within the purview of Art. 343 of the Constitution.<br />
(4) It may, however, be noted that Official Languages Act merely continues the use of English language in addition<br />
to Hindi. It does not provide anything which can be interpreted as limitation on the Government 's power to implement its<br />
policies with regard to the use of official language Hindi in pursuance of the provision contained in PART XVII of the<br />
Constitution.<br />
(5) It is also pertinent to mention that Art. 343 and 344 deal with the process of transition.The ultimate aim is provided<br />
in Art.351 which fulfills the object of the spread and development of Hindi langauage and enrichment of the composite<br />
culture of India. Therefore, keeping in view the scheme provided in the Constitution to promote, develop and implement the<br />
official language Hindi, the policy and orders of Govt. of India pursuant to PART XVII of the Constitution may be applicable<br />
to the autonomus bodies and registered societies set up at the initiated of the Govt. of India.<br />
(6) In view of the forgoing autonomus bodies/registered societies promoted or set up by the Government of India are<br />
covered by the provisions of Art. 343(1) and without any amendment in the Official Language Act, they are required to<br />
implement the policy and orders of the Government of India with regard to transaction of their official business through the<br />
official language Hindi.<br />
(For publication in the Gazette of India, Part-I, Volume-I both in Hindi and English in diglot form)<br />
No. I/20012/4/92-O.L. (Policy-I)<br />
New Delhi-110 003. Dated 24 November, 1998<br />
RESOLUTION<br />
The Committee of Parliament on Official Language was constituted under section 4 (1) of the Official Languages Act,<br />
1963. The Committee submitted fifth part of its Report, relating to language(s) of the legislation and languages to be used<br />
in various courts and tribunals to the President.<br />
In accordance with Section 4(3) of the Official Languages Act, 1963, the Report was laid on the table of Lok Sabha and<br />
on the table of Rajya Sabha. Copies of the Report were sent to all the Ministries/Departments of Government of India and<br />
to all States/Union Territories. After considering the views expressed by the State/Union Territory Governments and<br />
various Ministries/Departments/Institutions besides the Supreme Court of India and the legal position and practical<br />
possibilities, decision has been taken to accept some recommendations of the Committee in their original form, some others<br />
have not been accepted. Accordingly, the undersigned is directed to convey the Orders of the President made under<br />
section 4 (4) of the Official Languages Act, 1963 on the recommendations made in the Report of the Committee as follows:-