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REGISTERED NO. DL-33001/99 The Gazette of India PUBLISHED BY AUTHORITY No. I] NEW DELHI SATURDAY, JANUARY 2,1999 (PAUSA 12, 1920) (Separate paging Is given to this Part In order that it may be filed as a separate compilation) 391 GI/98 2 THE GAZETTE OF INDIA, JANUARY 2, 1999 (PAUSA 12, 1920) [PART 1—SEC. I CONTENTS PAGE PAGE PART I—SECTION 1—Notifications relating to Non- PART II—SECTION 3—SUB-SECTION (iii)—Authorita- Stattutory Rules.- Regulations Orders tive texts in Hindi (other than,such texts, and Resolutions issued by the Ministries published in Section 3 of Section 4 of the of tie Government of India (other than Gazette of India) of General Statutory the Ministry of Defence) and by the Rules & Statutory Orders (including Supreme Court . . . .. 1 Bye-laws, of a geaeral characters) issued by the Ministries of the Government of India (Including the Ministry of Defence. PART I—SECTION Notifications regarding Appointments, Promotions, Leave etc. of and by Centrall Authorities (other than. Government Officers issued,by the Minis- Administration, of. Union Territories) . * tries of the- Government of India (other than the Ministry of Defence) and-, by the Supreme Court 1 PART II-SECTION 4—Statutory Rules and Orders Issued by the Ministry of Defence . • PART I—SECTION 3—Notifications relating to Reso- lutions and Non-Statutory Orders Issued by the Ministry of Defence . .. 1 PART III—SECTION I— Notifications issued by the PART I—SECTION 4—Notifications regarding Appoint- High Courts, the Comptroller and Audi- ments, Promotions,. Leave etc of Govern- tor General, Union Public Service Com- mission, the Indian Government Rail- ment Officers issued by the Ministry of ways and by Attached and Subordinate Defence 1 Offices of the Government of India . 1 PART II—SECTION l-Acts, Ordinances and Regula- tions PART III—SECTION 2—Notifications and Notices PART 1I~SECTI0N 1-A—Authoritative tests in Hindi Issued by the Patent Office, relating to Languages of Acts, Ordinances and Regu- Patents and Designs . . .. 1 lations * PART II—SECTION 2—Bills and Reports of the Select PART III—SECTION 3—Notifications issued by or Committee on Bills . . .. * under authority of Chief Commis'- sioners • PART II-SECTION 2-SUB SECTION (i)-General Statutory Rules (including orders, Bye. laws, etc. of general character) issued by PART III SECTION 4 Miscellaneous Notifications the Ministries of the Government of Including Notifications, Orders Advertise- India (other than the Ministry of Defence) ments and Notices issued by Statutory Bodies 1 and by the Central Authorities (other than the Administration of Union Territories) ART IV—Advertisements and Notices lssued by ART II—SECTION 3—SUB-SECTION -STATUTORY private Individuals and private Bodies . l Orders and Notifications issued by the Ministries of the Government of India (other than the Ministry of Defence) and by Central Authorities (other than the PART V—Supplement Showing, Statistics- of Births Administration. of Union Territories) and Deaths etc.. bath in English and Hindi * Folios not received 3 4 5 6 LOK SABHA SECRETARIAT Act, 1963. The Committee submitted fifth part of its Report, relating to lahguage(s) of the legisla- New Delhi-110001, the, 17th December, 1998 tion and languages to be used in various courts and tribunals to the President. In accordance with No. 4/1/CEA/98—Shri Madhavrao Scindia, Section 4(3) of the Official languages Act, 1963, the M.P.,LOK Sabha has been nominated serve as Report was laid on the table of Lok Sabha and on a Member of the Parliamentary . Steading Com- the table of Rajya Sabha. Copies of the Report mittee on External Affairs (1998-99) w.e.f. 16th were sent to all the Miristries /Departments of December, 1998 for the remaining portion of the Government of India and to all Statos/ Union Terit- term of the committee on External Affairs. ritories. After- considering the views expressed by A. K. SINGH, Dy. Socy the State/Union Territory Governments and various Ministries/Departments/Inatitutions be- sides the Supreme Court of India and the MINISTRY OF HOME AFFAIRS legal position and practical possibilities, decision has been taken to accept some recommendations (DEPARTMENT OF OFFICIAL LANGUAGE New Delhoif- 11th0e0 0C3,o mthmei t2te4eth inN tohveeimr boerri,g i1n9a9l 8form, some in principle, some partially, while some have been RESOLUTION found aceptable and some others have not been accepted. Accordingly the undersigned is directed to convey the Orders of the President No. 20012/4/92-O.L.(Policy)—the Comit- made under Section 4(4) of the Official Languages tee of parliament on Official Language was consti- Act, 1963 on the recommendations made in the tuted under section 4(1) of the official Languages Report of the Committee, as follows :— PART I—SEC. 1] THE GAZETTE OF INDIA, JANUARY 2, 1999 (PAUSA 12 1920 7 (1) Strengthening of the Department of Official Official Language is given the, -status; of a full- Language and monitoring the implementation fledged Ministry. of the Official Language Policy. '"The Department of Official Language- may Recommendation No. 1 monitor the conmpliance of the Presidential Orders made on the recommondations of the Committee, Action should be taken urgently by reorganising For this purpose, the Department should bo suitably the Department of Official Languge of the Ministry strengthened." of Home Affairs and giving it the status of a full- fleged Ministry in order to make it more strong and Recommendation, No.5 competent. Stringent action may be taken.. against those "It may not be pragmatic to give the Depart officers who in spite of being proficient in Hindi are ment of Official Language the status of full- violating Presidential Orders, fleged Ministry in view of the work allocated to it at present." "The Department of Official Language, may issue directions to all the Ministries/Departments . that Recommendation No. 2. they should motivate and encourage their .senior Officers, especially Deputy Secretaries and "Officers A Division should be set up in the Department of equivalent rank and other officers senior to.them of Official Language immediately for monitoring to do their work in the Official Language Hindi." the follow-up' action and ensuring implementation of the Presidential Orders on the recommendations 2. The Language of the original draft of Bills of this Committee. etc. to be introduced in Parliament "This recommendation of the Committe has been Recommendation No, 6 accepted in principle. The Department of Official Language shall formulate and take up the proposal The original drafting of Bills to be introduced with the Department of Expenditure for strengthen- either House of Parliament or, Notifications, Orders, ing of Its implementation set-up Including the Rules, Resolutions, Regulations or Bye-Iaws. issued Regional Implementation Offices and ensure action under the Constitution or any Central Act, should thereon." be in Hindi. Hindi text introduced in either HOUSE of Parliament should be the original text and English version of the text should be prepared as authenticated Recommendation No. 3 text till the English language continues to be used in the Supreme Court. Section 5(2) of the Official In other Ministries/Departments; and in: their Languages Act, '1963 should be- amended, aecordingly. related offices, undertakings, institutions etc. also action to create posts required for monitoring, "This recomendation. has: been, acOowttd * in implementation and translation arrangements for principle. Asa first step, towards achieving this compliance of official language policy and to target, the Legislative Department should make implement orders of the President on the recommen- arrangements for imparting traing. to the legal dations of this Committee, and, action for making experts/draftmen for drafting legal documents- in appointments on. those posts should be taken Hindi." without delay. "This recommendation of the Committee has Reoommandation No. 7 been accepted. The Department of Official Language shall request all the Ministries/Departments to Similarly, original, drafting of Bills, etc. should take necessary action." be done in Hindi in the Hindi speaking States and their translation in English should continue to be made. While both the vensions should be introduced Recommendation No. 4 in State Legislative simultaneously, the Hindi version should be considered as the authoritative test, In accordance with the recommendations made in para 41.21 of Part-lV of the Report of this Com- "This recommendation has benn accepted in mittee, the Committee should monitor the compliance principle. Therefore, it may.be forwarded to all of the Presidential Orders made on the recommenda- the State Governments, located .in.Region ,'A', for tions of the Committee until the Department of further: consideration and action" 8 THE GAZETTE OF INDIA, JANUARY 2, 1999 (PAUSA 12, 1920) [PART I—SEC. 1 Recommendation No. 8 Office. .Therefore, those Secretariats "should also As regards the non-Hindi speaking States, "original prepare their annual programme for progressive drafting of Bills etc; should be done in the Official use of Hindi in their day-to:day work on the pattern Language of the State and its translation should be of annual Programme issued by the Department. of done in Hindi and English both. A minor amend- Official Languages, Government of India and should ment to this effect may be carried out in Section' 6 sat up their own mechanism for monitoring the im- of the Official Language Art, 1963. plementation thereof. "This recommendation has been accepted in "This recommendation of the Committe has principle. It may be forwarded to State Govern- been found acceptable. The Spraker of the Lok ments of Regions "B" and "C" for further. consi- Sab and the Chairman of the; Rajya Sabha are requested to consider this recommendation for implementation." Recommendation No. 9 4. Compliance of Official Language Policy in. the; Hindi is the Official Language of the Union and Office of the Registrar General, Supreme Court. for mating legislative drafting of the non-Hindi speaking States originally in the official language Recommendation No. 12 of the State or In Hindi, the Union Government should provide assistance for Hindi translation Office of the Registrar General, Supreme court should comply with the provistion regarding Official of the Acts of State Governments or grant financial Language Policy of the Union pf India in its ad- assistance to non-Hindi speaking States for this purpose. ministrative work. Basic Infrastructure for doing work in Hindi Should be set up and officers and "For preparing Hindi vision of legislative draft, employees should be given incentives for this pur- the State Governments located in non-Hindi speaking pose. regions may consider formulating training programmes for their employees and the Legislative Depart- "The recommendation has been found ,worthy ment of the Central Government may formulate a of acceptance. Ministry of Law,"Justice and Com- project to provide financial assistance for such pany Affairs may in constitution.with the Supreme training." Court, consider prearing a feasible work-plan for. introducing an Official Language Policy in a phased Recommendation No. 10 manner in the internal administrative working of the Supreme Court and may consider implemen- Legislative Department of the Government of ting the same." India should make adequate arrangements for imparting training to its draftsmen to enable thorn to 5. Use of language in judgements of the Supreme draft Bills etc. originally in Hindi. For this purpose, Court. it is necessary that a separate Department is set up for doing legal work in Hindi. In order to attract Recommendation No. 13 efficient and experienced parsons, the draftsmen of The use of Hindi simultaneously with English Hindi and other Indian languages should be in- should be authorised in the Supreme Court Every ducted in the Indian Legal Service as a separate judgement Should be made available in both the body. languages. The judgement can be delivered by the Supreme Court in Hindi or English. This may be "This recommendation is accepted to the extent done in such a manner that a judgement, if delivered that Legislative Department of the Government of in Hindi, should tie" translated in English and if the India Should make arrangements for imparting training to legal experts/draftsmen for drafting legal judgement is delivered in English, the same should material originally in Hindi." be translated in Hindi. "This recommendation has boon found worthy 3. Compliance of Official Language Policy of the of acceptance. In the context of this recommen- Union by Lok Sabha and Rajya Sabha Secretariats. dation, Ministry of Law, Justice and Company Affairs may, in consultation with the Supreme Court, Recommendation No. 11 assess the additional arrangements and resources (The position regarding action on administrative and financial outlays, necessary "for accepting the matters relating to service conditions of the em- recommendation. In tandem, a long term action ployees of the Lok Sabha and Rajya Sabha Secre- plan may be .prepared and considered for imple- tariats it similar to that of any Central Government mentation." PART 1—SEC. 1] : THE GAZETTE OF INDIA, JANUARY 2, 1999 (PAUSA 12, 1920) 9 6, Use of Hindi in the administrative work by the vide special financial assistance to the concerned Judges, of the Supreme Court/High Courts. State Governments of non-Hindi speaking States. Reeommentation No. 14 "For making available authenticated Hindi trans- A scheme should be initiated to encourage judges lation of judgements delivered in the State Official and other officers of the Supreme Court & various Languages of non-Hindi speaking States, the con- High Courts for use of Hindi in their administrative cerned State Governments may themselves take and judicial work. Seminars, workshops, refresher action in this behalf by . optimally utilizing their courses, training programmes etc. should be orga- own financial resources." nised for this purpose. 8. Compliance of the Official Language Policy "This recommendation is accepted to the extent in the Quasi-Judicial Organisations, Administrative that the recommendation may be forwarded to con- Tribunals etc. of the Union, corned State Governments for necessary consideration and action in the context of the High Courts located in' Region 'A'. In the context of other High Recommendation No. 18. Courts & the Supierne Court, the concerned State The quasi-judicial organisations, administrative Government; and the Ministry of Law, Justice & tribunals etc. of Union are the organs of the Company Affirs should consider taking action in Contral GDVernment and are under the control this regard at an appropriate time." of Central Government. Therefore, like other Central Government Offices, they should also do Recommendation No. 15 th;ir official work in accordance with the Official An institution OF organisation should be set up Languages Act, 1963 and the rules framed thereunder. to impart training for the use of Hindi language Some of the rules of the quasi-judicial bodies or the field of law namely, legislation judicial func- all the Acts and Rules relating to them should tioning and teaching of law to the officers ofjudi- be amended immediately and a provision should ciaty lawyers and law teachers. be made therein for the use of Hindi, the Official Language of the Union. "This recommendation is accepted in principle. The Legislative Department of Governnment of "This recommondation has been found worthy India may take appropriate initiative in this regard." of acceptance. Every Ministry/ Department should 7. Use of Languages in the judgements/proceedings always make the necessary provisions required for of High Courts. ensuring compliance of Official Language Policy of the Union at the time of establishing new quasi- Recommendation No. 16 judicial establishments/bodies, administrative authorities etc. within its jurisdiction. Every The official language of the concerned State or Ministry/Department of the Government should Hindi should be used in the judgements, decrees and also take steps for having the necessary provisions orders of High Courts. But arrangements should in keeping with the official language policy in the also be made so that the authoritative translation quasi-judicial bodies etc., existing under their of each judgement is made available in both the control." languages. As long as English continues to bo in Vogue, arrangements for providing their authoritative translation in English may be made. How- 9. Education of Law through Hindi medium. ever, the proceedings of the High Courts may be conducted in the official language of the States or Recommendation No. 19 in Hindi or in English. All the Universities and other Institutions in the field of law should make arrangements for "For the purpose of this recommendation, the imparting education in law at graduate and post- present policy to act within the frame-work of graduate levels in Hindi in the whole country. the available provisions of the Constitution and the Even at present, education in law is being imparted Official Languages Act, 1963, is adequate. " in Hindi in many Universities which needs to be extended. Recommendation No. 17. For providing authoritative Hindi translation of "On this recommondation, the Department of judgements delivered in the Official Language of the Education may take necessary action in a phased concerned; State,the Union Government may pro- manner." 10 THE GAZETTE OF INDIA, JANUARY 2, 1999 PAUSA 12 1920) [PART f—SEC. 1] Recommendation No. 20, "This recommendation has been found Worthy The task of translating legal classics, available of acceptance. The Ministry of Law, Justice and in other languages, into Hindi may be accelera- Company Affairs may prepare a time-bound plan ted. for setting up the proposed library in consultation with the concerned organisations and", take - action "This recommendation of the Committee has, thereon." been accepted. The Department of Legal Affairs should take necessary steps in this regard." ORDER Recommendation No 21 A copy of this Resolutiort be sent to -all 'the It is also necessary that all the reportable judge- Ministries and Departments of the Government ments of the Surreme Court should be published in of India. All State Governments and Union the journal of Department of Law after getting them Territories, the President'* Secretariat, the Vice translated in Hindi. Likewise all the reportable President's Secretariat, the Cabinet Secretariat, the judgements of various High Courts, should also Prime Minister's Office, the Planning Commission, be published in as large a number as possible after the Controller and Auditor General of India, the getting them translated into Hindi. Lok Sabha Secretariat and the Rajya Sabha Secre tariat, the Registrar General of Supreme Court, . "This recommendation of the Committee has the University Grants Commission, the Law been accepted in principle: The Legislative Depart- Commission, the Bar Council of India etc. ment may take steps .necessary for initiating efforts in this rogard." This Resolution should also be published in the Gazette of India for general information. Recommendation No. 22 A library should be set up in Delhi in which maximum number of latest books Pertaining to law DEV SWARUP in various Indian Languages should bo available. JT. SECY. TO THE GOVT. OF INDIA; Printed by the Manager, Govt. of India Press. Fttrtdabad and Published by the Controller of Publications, Delhi, 1999.