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The Gujarat Compulsory Teaching and Learning of Gujarati Language Act, 2023.

Gujarat · state statute
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IV Ex.-4           4-1 
Extra No. 4  
© 
The Gujarat Government Gazette 
EXTRAORDINARY 
PUBLISHED BY AUTHORITY 
Vol. LXIV ]    FRIDAY,  MARCH  3,  2023 / PHALGUNA  12,  1944 
Separate paging is given to this Part in order that it may be filed as a Separate Compilation. 
 
PART IV 
 
Acts of Gujarat Legislature and Ordinances promulgated and Regulations 
made by the Governor. 
 
 
 The following Act of the Gujarat Legislature, having been assented to by the 
Governor on the 2nd March, 2023 is hereby published for general information. 
K. M. LALA, 
Secretary to the Government of Gujarat, 
Legislative and Parliamentary Affairs Department. 
GUJARAT ACT NO. 4 OF 2023. 
 (First published, after having received the assent of the Governor, in the "Gujarat 
Government Gazette", on the 3rd March, 2023). 
AN ACT 
to provide and ensure teaching and learning of Gujarati as one of the  
languages in all Schools in the State of Gujarat. 
 
WHEREAS a policy decision has been taken by the Government of Gujarat to ensure that all  
students studying in the school imparting elementary education in the State shall learn Gujarati 
as one of the languages in a phased manner from the academic year 2023-24. 
 
 It is hereby enacted in the Seventy-fourth Year of the Republic of India as follows:- 

4-2 GUJARAT GOVERNMENT GAZETTE, EX. 03-03-2023 [ PART  IV 
Short title and 
commencement. 
Definitions. 
1. (1) This Act may be called the G ujarat Compulsory Teaching and Learning of Gujarati 
Language Act, 2023. 
 (2)  It shall come into force on such date as the Government may, by notification, in the 
Official Gazette, appoint. 
2. In this Act, unless the context otherwise requires, 
(a) “Academic yea r” means the academic year commencing as per concerned 
Board; 
(b) Competent authority” means the competent authority appointed by  the 
Government  under section 4; 
(c)    “elementary education” means the education from first class to eighth class as 
defined in cla use (f) of section 2 of the Right of Children to Free and 
Compulsory Education Act, 2009; 
(d)    “Government” means the State Government; 
(e)   “prescribed” means prescribed by the rules; 
(f)   “School” means, 
(i) any school imparting any class of elementary education, es tablished 
and maintained by the Government or Local Bodies; or 
(ii) any school imparting any class of elementary education,  established 
and administered or maintained by any private  educational agency 
including minority school established and administered under  clause 
(1) of article 30 of the Constitution of India, whether receiving aid out 
of the State fund or not; or 
(iii) such other Schools which are running in the State of Gujarat and have 
affiliation with any Board; 
(g) “State” means the State of Gujarat; 
3. (1)  Gujarati language shall be taught as a  compulsory language in all schools in the 
State as an additional language, in the phased manner, as may be required. 
(2)   In those Schools which are not teaching Gujarati as a language, shall introduce 
Gujarati as an addition al language, from the first standard  from the academic year  
2023-24 and extend up to eighth standard in the phased manner. 
(3)   Every School shall follow textbooks prescribed by the Government for teaching  
Gujarati as an additional language. 
4. (1)  The Government may appoint, by notification, in the Official Gazette, any officer of the 
Education Department not below the rank of Deputy Director in the office of the 
Directorate of Primary Education, Government of Gujarat to be the Competent 
Authority for the purposes of carrying out the provisions of this Act and the rules made 
there under and different competent authorities may be appointed for different areas. 
(2)  The Competent Authority shall exercise such powers and perform such functions as 
may be prescribed. 
5. The competent authority appointed under  Section 4 shall be deemed to be public servant 
within the meaning of Section 21 of the Indian Penal Code, 1860. 
 
6. (1) In case of students with domicile outside Gujarat, who are studying in School of 
Gujarat, exem ption may be granted, from all or any of the provision s of this Act. 
Such exemption may be granted by the concerned School where the student is 
enrolled, on written request of student’s parent/guardian with valid reasons.   
Gujarati as a 
compulsory 
language. 
Competent 
Authority. 
Competent 
Authority to be 
Public Servant. 
Exemption 
by school. 
45 of 1860 
35 of 2009. 
 PART  IV ] GUJARAT GOVERNMENT GAZETTE, EX. 03-03-2023 4-3 
Penalty. 
Overriding 
effect. 
Protection of 
action taken 
in good faith. 
Power to 
make Rules. 
(2) The list of such students a long with requisite details shall be intimated to the 
concerned District Education Officer / District Primary Education Officer as and 
when such decision has been taken by the School. 
7. The Education Department, Government of Gujarat may, subject to such co nditions, as it 
may deem fit by general or special order, to be published in the Official Gazette  other 
than the provisions of Section 6 of this Act, exempt any School or category of students 
from all or any of the provisions of this Act. 
8. (1) Any school, w hich contravenes the provisions of this Act or the rules made 
thereunder for a month for the first time, shall be liable for a penalty of rupees fifty 
thousand: 
 Provided that if such a school contravenes the provisions of this Act or the rules 
made thereunder for a month for the second time, then it shall be liable for a penalty 
of rupees one lakh: 
 Provided further 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 for a penalty of rupees two lakh. 
(2)  The competent authority shall be competent to impose penalty under sub-section (1). 
(3)  Where the Government is of the opinion that it is necessary or expedient to do so, it 
may, for reasons to be recorded in writing, suitably enhance or reduce any of the 
penalty as specified in sub-section (1). 
(4)  If any School continues to make contraventions of the provisions of this Act or the 
rules made thereunder beyond a period of one year, the Government m ay, direct the 
Board or institution, as the case may be, to disaffiliate the School, to which such a 
School is affiliated. 
(5)  No penalty as provided under sub -section (1) shall be imposed, unless the School 
concerned is given an opportunity of being heard. 
(6)  An officer not below the rank of Deputy Director of the office of Directorate of 
Primary Education, Government of Gujarat may recover such penalty in such a 
manner, as may be prescribed. 
9. Save as otherwise provided in this Act, the provisions of t his Act, or the rules made 
thereunder, shall have effect, notwithstanding anything inconsistent therewith contained 
in any other law enacted by the Gujarat State Legislature.  
10. (1) The Government may, in the public interest, by order, direct the competent a uthority 
to make an enquiry or to take appropriate proceedings under this Act in any case 
specified in the Order and the competent authority shall report to the Government the 
result of the enquiry made or the proceedings taken by him within such period as  may 
be prescribed. 
(2) On receipt of the report from the competent authority under sub-section (1), the 
Government shall give such direction as it deems fit and such direction shall be final 
and binding. 
11. No suit, prosecution or other legal proceedings  shall lie against the competent authority, 
Government or its officers for anything which is in good faith  done or intended to be 
done under this Act or any rule or order made there under. 
12. (1) The Government may, by notification in the Official Gazette , afte r previous 
publication, make rules to carry out the purposes of this Act. 
Exemption by 
Government. 
Power of 
Government 
to give 
directions. 
Government Central Press, Gandhinagar.
4-4 GUJARAT GOVERNMENT GAZETTE, EX. 03-03-2023 [ PART  IV 
Power to 
remove 
difficulties. 
(2) All rules made under this section shall be laid for not less than thirty days before the 
State Legislature as soon as may be they are made, and shall be subject to rescission by 
the State Legislature or to such modification as the State Legislature may make, during 
the session in which they are so laid or the session immediately following. 
(3) Any rescission or modification so made by the State Legislature shall be published in 
the Official Gazette, and shall thereupon take effect. 
13. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government 
may, within a period of two years from the commencement of this Act, by an order 
published in the Official Gazette, make such provisions not inconsistent with the 
provisions of this Act, as may appear to it to be necessary or expedient for removal of 
difficulty. 
(2) Every order made under this section shall be laid, as soon as may be after it is made, 
before the House of the State Legislature. 
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