In a bid to strictly enforce the implementation ofPunjabi as compulsory subject for all students of 1st to 10th Class across thestate, the Punjab Cabinet on Sunday approved amendment in Punjab Learning ofPunjabi and Other Languages Act, 2008 to enhance the penalties from Rs. 25,000,Rs. 50,000 and Rs. 1 lakh to Rs. 50,000, Rs. 1 lakh and Rs. 2 lakh respectivelyfor contravening the provisions of the said Act.
The Cabinet also gave a go ahead to introduce this Billin the current session of Punjab Vidhan Sabha.
According to a spokesperson of the Chief Minister’sOffice, any school, which contravenes the provisions of this Act or the rules,made thereunder for a month for the first time, shall be liable for a penaltyof Rs. 50,000. Provided that if such a school contravenes the provisions ofthis Act or the rules made thereunder for a month for the second time, then itshall be liable for a penalty of Rs. 1 lakh. Provided further that if such aschool contravenes the provisions of this Act or the rules made thereunder fora month for the third time and thereafter, then it shall be liable for apenalty of Rs. 2 lakh.
Sub Section (1A) under Section 8 of the Act has beeninserted, where the State Government is of the opinion that it is necessary orexpedient to do so, for reasons to be recorded in writing, it may, suitablyenhance or reduce any of the penalty as specified in sub section 1 of Section 8of this Act by publishing a notification in the official gazette.
Notably, the Punjab Learning of Punjabi and OtherLanguages Act, 2008 was enacted by the State Government with the objective toprovide for learning of Punjabi as compulsory subject by all students studyingin 1st to 10th Class and for learning of other languages also and for thematters connected therewith or incidental thereto. Sub-section 1 of Section 8of the said Act relates to imposition of penalties upon Schools that violatethe provisions of the said Act.
Further, clause (e) of Section 2 of the said Act, theword ‘school’ has been defined as ‘School’ includes any primary school, middleschool, high school and senior secondary school, established and maintained bythe State Government or a local body or panchayat, society or trust or suchother schools as may be notified by the State Government from time to time.
It may also be mentioned that in pursuance of theaforesaid definition, the State Government vide notification dated 22 March2010 has already notified that Central Schools, Navodya Schools and all Schoolsaffiliated with the Central Board of Education and Indian Council of SecondaryEducation situated in the State of Punjab to be the Schools for the purposes ofthe said Act.
With the passage of time, it is felt that the aforesaidpenalties are on the lower side. Therefore, in order to achieve the objectivesfor which the Act in question was enacted by the State Government and also formore effective implementation of the said Act, a need has arisen to enhance thesaid penalties as specified in sub section 1 of Section 8 of the Act.
GIVES NOD TO AMEND OFFICIAL LANGUAGE ACT, 1967
The Cabinet also approved amendment in the OfficialLanguage Act, 1967 by including Section 8 (3) under Section 8 (d) of the PunjabState Language (Amendment) Act, 2008 according to which in addition topunishment the provision of penalty against officers/officials who do notconduct official business in Punjabi language has been made. Accordingly, theprovision has been made against the officer or official for violating theprovisions of Punjab State Language Act, 1967 and Amendment Act, 2008 andvarious notifications made there under.
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As per this provision, a first timeguilty officer or official can be fined Rs. 500/- as per the recommendations ofthe competent authority i.e. Director, Language Department, Punjab. The secondoffense carries a fine of upto Rs 2,000 and the third offense carries a fine tothe extent upto Rs 5,000. Such penalty shall be levied by the concerned Disbursement& Expenditure Officer on the salary of the officer or official. Providedthat before the imposition of such fine concerned officer or official shall begiven an opportunity to be heard.