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The KANNADA LANGUAGE COMPREHENSIVE DEVELOPMENT ACT, 2022

KARNATAKA ACT NO. 13 OF 2023

An Act to provide for Comprehensive Development of Kannada Language andto provide better opportunities in Education and Employment of Kannadigas.

Whereas it is expedient to provide for comprehensive development of Kannadalanguage to provide better opportunities and also welfare measures in all walks oflife of kannadigas and for matters connected therewith or incidental thereto;

Be it enacted by the Karnataka Legislature in the Seventy Third Year of theRepublic of India as follows:-

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S.1 Short title and commencement

(1) This Act may be called the KannadaLanguage Comprehensive Development Act, 2022.

(2) It shall come into force on such date as the State Government may, bynotification in the Official Gazette appoint and different dates may be appointed fordifferent provisions of this Act.



Legal Commentary on The Kannada Language Comprehensive Development Act, 2022 - Section 1

Introduction

The Kannada Language Comprehensive Development Act, 2022, aims to promote and develop the Kannada language in various spheres of public life in Karnataka. Section 1 of the Act serves as the introductory provision, outlining the title and commencement of the legislation.

What does Section 1 Say

Section 1 of the Act states:1. The Act may be called "The Kannada Language Comprehensive Development Act, 2022."2. It shall come into force on the date of its publication in the Official Gazette.

Essential Ingredients

  • Short Title: The Act is officially titled as mentioned above.
  • Commencement: The Act becomes effective upon its publication.

Scope of Section

  • This section establishes the foundational framework for the Act, indicating its official name and the point at which it becomes operational.
  • It sets the stage for subsequent sections that detail definitions, provisions, and penalties related to the promotion of the Kannada language.

Punishment for Section

  • Section 1 does not prescribe any penalties or punishments; it merely serves as a title and commencement clause.

Legal Comments

  • Title - The Act is formally titled "The Kannada Language Comprehensive Development Act, 2022," which reflects its purpose of promoting the Kannada language. - [Source Reference]
  • Commencement - The Act comes into force upon publication in the Official Gazette, ensuring immediate applicability. - [Source Reference]
  • Legislative Intent - The Act aims to provide a comprehensive framework for the development of the Kannada language, indicating a legislative intent to prioritize regional languages. - [Source Reference]
  • Public Significance - By establishing a dedicated Act for Kannada, the legislation underscores the importance of regional languages in cultural identity and public administration. - [Source Reference]
  • Foundation for Further Provisions - Section 1 lays the groundwork for subsequent sections that will detail definitions and specific provisions related to the use and promotion of Kannada. - [Source Reference]
  • Cultural Preservation - The Act reflects a broader commitment to preserving and promoting Kannada heritage and culture through legislative measures. - [Source Reference]
  • Official Language Status - The Act reinforces Kannada's status as an official language in Karnataka, aligning with constitutional provisions regarding regional languages. - [Source Reference]
  • Legislative Framework - It provides a structured approach to language policy in Karnataka, which may influence educational, administrative, and commercial sectors. - [Source Reference]
  • Immediate Effectiveness - The provision for immediate commencement upon publication allows for swift implementation of the Act's objectives. - [Source Reference]
  • Encouragement of Compliance - By establishing a clear title and commencement, the Act encourages compliance and awareness among stakeholders regarding the promotion of Kannada. - [Source Reference]
  • Public Discourse - The introduction of the Act invites public discourse on language rights and the role of regional languages in governance and education. - [Source Reference]
  • Legislative Clarity - The clear articulation of the Act's title and commencement aids in legal clarity and understanding for citizens and officials alike. - [Source Reference]
  • Foundation for Future Amendments - The Act's structure allows for future amendments to be made more easily, as it establishes a clear legislative framework. - [Source Reference]
  • Promotion of Kannada in Education - The Act is expected to influence educational policies, making Kannada a medium of instruction in schools and colleges. - [Source Reference]
  • Encouragement of Local Identity - By promoting Kannada, the Act fosters a sense of local identity and pride among the Kannada-speaking population. - [Source Reference]
  • Legislative Support for Language Rights - The Act serves as a legislative support for the rights of Kannada speakers, promoting their language in various domains. - [Source Reference]
  • Potential for Economic Impact - The promotion of Kannada may have economic implications, particularly in sectors like tourism and local businesses that cater to Kannada speakers. - [Source Reference]
  • Framework for Implementation - Section 1 sets the stage for the implementation of various provisions aimed at enhancing the use of Kannada in public life. - [Source Reference]
  • Encouragement of Research and Development - The Act may encourage research and development in Kannada language studies and literature, contributing to its growth. - [Source Reference]
  • Legal Precedent - The Act may serve as a legal precedent for similar initiatives aimed at promoting regional languages in other states. - [Source Reference]

S.2 Definitions

In this Act unless the context otherwise requires,-

(a) “Disciplinary Authority” means the officer designated as Disciplinary Authority in the relevant Service Rules;

(b) “Enforcement Authority” means the Committees designated as persection 7 of the Act;

(c) “Enforcement Officer” means an officer designated under section 9 ofthe Act;

(d) “Government” means the Government of Karnataka;

(e) “Kannadiga” means a person or his parents or in their absence legalguardian who is/are ordinarily resident of Karnataka for not less thanfifteen years and having knowledge of reading and writing Kannadaand possessing such documents in this regard as may be prescribed;

(f) “Local Authority” means such of the local self Governments created bythe law and includes any other statutory or non-statutory bodies,Trusts, co-operative and other societies established by the StateGovernment and other bodies as may be notified by the StateGovernment;

(

S.3 Kannada to be the official language

The Kannada Language shall bethe Official Language of the State and Local Authorities.


S.4 Use of the Official Language

(1) Kannada shall be used:-

(i) In all Bills to be introduced and all Acts to be passed by the StateLegislature; and

(ii) In all Orders, Rules, Regulations or Bye-laws issued by theGovernment, all Local Bodies, Boards, Corporations, Statutory andNon-Statutory Bodies or undertakings and registered Co-OperativeSocieties.

(2) All existing Legislations in English language enacted by the StateLegislature before the commencement of this Act shall be translated and publishedin Kannada Language.

(3) All the important Central Acts with Karnataka Amendments shall also betranslated into Kannada.

(4) Kannada language shall be used for all the official and administrativepurposes and correspondences in the State and by the Local Authorities.Provided that:

(a) English language may be used for correspondence with TheGovernment of India, Foreign Countries, Other States, High Courts,Supreme Court and in any other circumstances where English langua

S.5 Official Language Commission

(1) The State Government shallconstitute the Official Language Commission under the Department ofParliamentary Affairs and Legislation consisting of the following members, namely:-

(a) Retired Secretary to the Government, Departmentof Parliamentary Affairs and Legislation.Chairman

(b) One retired officer of the Department of Translationnot below the rank of Deputy Director.Member

(c) One retired Officer or a retired professorconversant with translation and a graduate of law.Member

(d) Additional Director of Department of Translation. Member Secretary

(2) The Chairman and Members of the Commission nominated by theGovernment shall hold office for a term of five years.

(3) The nominated Chairman and Members shall be whole time members ofthe Commission and shall be eligible for such pay and allowances as specified inthe Karnataka Civil Service Rules.


S.6 Authorised Kannada translation of Central and State Acts, Rules,Regulations, etc

(1) Translation of any Central Acts with respect to any of thesubject enumerated in List III of the seventh Schedule to the Constitution of Indiaor of any State Acts in Kannada language published under the Authority of theGovernor, in any Official Gazette shall be deemed to be authoritative text.

(2) Translation in Kannada language of any Rules, Regulations, Bye-Laws,Schemes, Orders, Notifications, etc., made under any State or Central Act by theState Government and published in Official Gazette shall be deemed to be theauthoritative text.



Legal Commentary on The KANNADA LANGUAGE COMPREHENSIVE DEVELOPMENT ACT, 2022 - Section 6

Introduction

The Kannada Language Comprehensive Development Act, 2022, aims to promote and develop the Kannada language across various sectors in Karnataka. Section 6 specifically addresses the authoritative status of Kannada translations of legislative texts, emphasizing the language's significance in legal and administrative contexts.

What does Section 6 Say

Section 6 of the Act stipulates that Kannada translations of Acts and legislative documents are to be considered the authoritative texts. This provision ensures that Kannada is recognized as the primary language for legal documentation within the state.

Essential Ingredients

  • Authoritative Text: Kannada translations of laws are deemed authoritative.
  • Legal Clarity: This section aims to eliminate ambiguity regarding the language of legal texts.
  • Promotion of Kannada: It reinforces the status of Kannada in legal proceedings and documentation.

Scope of Section

The scope of Section 6 extends to all legislative documents and Acts, mandating that they be available in Kannada. This provision is crucial for ensuring that Kannada speakers have access to legal information in their native language.

Punishment for Section

While Section 6 itself does not specify punishments, the Act includes penalties for non-compliance with its provisions in other sections. This implies that failure to adhere to the language requirements could lead to legal repercussions.

Legal Comments

  • Language Authority - Section 6 establishes Kannada as the authoritative language for legislative texts, promoting its use in legal contexts. - [Source Reference]
  • Legal Accessibility - By mandating Kannada translations, the Act enhances legal accessibility for Kannada speakers, ensuring they can understand legislative documents. - [Source Reference]
  • Cultural Significance - The emphasis on Kannada in legal texts reflects the cultural importance of the language in Karnataka's identity. - [Source Reference]
  • Judicial Proceedings - The Act requires that judicial proceedings be conducted in Kannada, aligning with the provisions of Section 6. - [Source Reference]
  • Compliance Mechanism - The Act includes mechanisms for compliance, although specific penalties for Section 6 are not detailed. - [Source Reference]
  • Public Administration - Section 6 supports the use of Kannada in public administration, reinforcing its status in governmental operations. - [Source Reference]
  • Legislative Intent - The intent behind Section 6 is to promote the Kannada language and ensure its prominence in official documentation. - [Source Reference]
  • Potential Challenges - There may be challenges in implementation, particularly in translating complex legal terminology accurately. - [Source Reference]
  • Retrospective Application - Concerns have been raised regarding the retrospective application of penalties under the Act, which may conflict with Article 20(1) of the Constitution. - [Source Reference]
  • Public Awareness - The effectiveness of Section 6 relies on public awareness and understanding of the legal implications of the Act. - [Source Reference]
  • Impact on Non-Kannada Speakers - The Act may pose challenges for non-Kannada speakers in understanding legal documents, potentially leading to legal inequities. - [Source Reference]
  • Integration with Other Laws - Section 6 must be integrated with existing laws to ensure a cohesive legal framework that supports Kannada. - [Source Reference]
  • Enforcement Mechanisms - The Act outlines enforcement mechanisms for ensuring compliance with language requirements, although specifics are not detailed in Section 6. - [Source Reference]
  • Educational Implications - The Act may influence educational policies, promoting Kannada as a medium of instruction in legal studies. - [Source Reference]
  • Economic Considerations - The promotion of Kannada may have economic implications, particularly in sectors reliant on legal documentation. - [Source Reference]
  • Future Amendments - The Act may be subject to future amendments to address any challenges or gaps identified in its implementation. - [Source Reference]
  • Public Participation - Engaging the public in discussions about the Act can enhance its acceptance and effectiveness. - [Source Reference]
  • Judicial Interpretation - Courts may play a crucial role in interpreting the provisions of Section 6 and its implications for legal proceedings. - [Source Reference]
  • Language Rights - The Act aligns with broader language rights movements, advocating for the preservation and promotion of regional languages. - [Source Reference]
  • Legislative Framework - Section 6 contributes to a legislative framework that prioritizes regional languages in governance and public life. - [Source Reference]

S.7 Enforcement mechanism for implementing official language

(1) Everyoffice of the State Government, including officers subordinate and underadministrative control of each Department of Secretariat, shall make suitableprovisions in its policies pertaining to public interface and public interest for use ofKannada for effective implementation of the provisions of this Act.

(2) The following Committees shall function as enforcement authorities in theState namely:-

(a) State Level Committee.- There shall be a State Level Committee consistingof,-

(i) The Minister incharge of the Kannada and Culture Department asthe Chairperson;

(ii) The Chief Secretary to Government as the Vice-Chairperson;

(iii) The Chairman of the Kannada Development Authority - Member

(iv) The Additional Chief Secretary to Government, Department ofPersonnel and Administrative Reforms (DPAR) - Member;

(v) The Additional Chief Secretary to Government, Department ofCommerce and Industries - Member;

(vi) The Secre

S.8 Functions of the Enforcement Authorities

(1) (a) The TalukaCommittee shall hold a meeting every three months and submit its report regardingsteps taken for the enforcement of Kannada Language to the District LevelCommittee within fifteen days from the date of the meeting.

(b) The District Committee shall hold a meeting once in three months andsubmit its report to the State Level Committee within fifteen days fromthe date of the meeting.

(c) The State Committee shall hold a meeting once in three months andsubmit its report to the Government within fifteen days thereof.

(d) The District and Taluka Level Committees shall take necessary actionon the report submitted by the Enforcement Officer.

(2) The Assistant Director of Kannada and Culture being the convener of theDistrict Level Committee shall co-ordinate with the Taluka and District Committeesto ensure that the meetings as specified above are conducted and the reports aresubmitted in time to the State Level Committee.

S.9 Designation of Enforcement Officer

(a) An officer not below the rank ofGroup „A‟ officer of the State Government, shall be designated as an EnforcementOfficer. However Group „B‟ officer belonging to the Department of Kannada andCulture shall be preferably designated as an Enforcement Officer.

(b) The Enforcement Officer shall be appointed by,-

(i) The Deputy Commissioner for the District in respect ofGovernment Departments, Statutory Boards and Corporationsother than Local Bodies or

(ii) The Commissioner of the Corporation for the Corporation area inrespect of Local Bodies or(iia) In respect of the Grama Panchayat, Taluk Panchayat and ZillaPanchayat the Chief Executive Officer of Zilla Panchayat ; or

(iii) The Joint Director, Department of Industries and Commerce inrespect of industries, shops and commercial establishmentsas the case may be.

Provided that, in respect of Bruhat Bengaluru Mahanagara Palike (BBMP)area, the Chief Commissioner of BBMP may appoint any number o


Legal Commentary on The KANNADA LANGUAGE COMPREHENSIVE DEVELOPMENT ACT, 2022 - Section 9

Introduction

The Kannada Language Comprehensive Development Act, 2022, aims to promote and develop the Kannada language across various sectors in Karnataka. Section 9 specifically outlines the enforcement mechanisms and penalties for non-compliance with the provisions of the Act.

What does Section 9 Say

Section 9 of the Act establishes the framework for penalties applicable to government officers and private individuals who fail to comply with the provisions set forth in the Act. It emphasizes the importance of adherence to the language policies mandated by the Act.

Essential Ingredients

  • Compliance Requirement: The section mandates compliance with the provisions of the Act by both government officials and private entities.
  • Penalty Framework: It outlines specific penalties for non-compliance, which can vary in severity based on the nature of the violation.

Scope of Section

The scope of Section 9 extends to all government officers and private individuals operating within the jurisdiction of Karnataka. It aims to ensure that the Kannada language is utilized effectively in official and commercial settings.

Punishment for Section

Penalties for violations can include fines and other disciplinary actions against government officers. The Act specifies that penalties may range from mild to serious, depending on the nature of the violation.

Legal Comments

  • Compliance - Section 9 emphasizes the necessity for compliance with the Kannada language provisions, reinforcing the Act's objectives. - [Source Reference]
  • Penalties - The section provides a structured penalty system for non-compliance, which is crucial for enforcement. - [Source Reference]
  • Government Accountability - It holds government officers accountable for failing to implement the Act's provisions effectively. - [Source Reference]
  • Private Sector Impact - The penalties extend to private individuals and businesses, highlighting the Act's broad applicability. - [Source Reference]
  • Retrospective Application - Concerns have been raised regarding potential violations of Article 20(1) of the Constitution, which protects against retrospective penalties. - [Source Reference]
  • Judicial Oversight - The High Court has intervened in cases where penalties were imposed, indicating the need for judicial oversight in enforcement. - [Source Reference]
  • Public Awareness - The effectiveness of Section 9 relies on public awareness of the penalties associated with non-compliance. - [Source Reference]
  • Incentives and Disincentives - The Act links compliance with potential incentives for businesses, creating a dual approach of rewards and penalties. - [Source Reference]
  • Cultural Significance - The penalties serve to reinforce the cultural significance of the Kannada language in public life. - [Source Reference]
  • Implementation Challenges - There may be challenges in the uniform implementation of penalties across different sectors. - [Source Reference]
  • Legal Framework - The section contributes to a comprehensive legal framework aimed at promoting the Kannada language. - [Source Reference]
  • Enforcement Mechanism - It establishes a clear enforcement mechanism, which is essential for the Act's success. - [Source Reference]
  • Potential for Abuse - There are concerns regarding the potential for abuse of power by authorities in enforcing penalties. - [Source Reference]
  • Economic Implications - The penalties could have economic implications for businesses that fail to comply, affecting their operations. - [Source Reference]
  • Language Promotion - The section is a critical component of the broader goal of promoting the Kannada language in various domains. - [Source Reference]
  • Legislative Intent - The intent behind Section 9 is to create a robust framework that ensures the Kannada language is prioritized in all aspects of public and private life. - [Source Reference]
  • Future Amendments - The Act may require future amendments to address any unforeseen issues arising from the enforcement of penalties. - [Source Reference]
  • Public Sentiment - The public's response to the penalties will likely influence the Act's overall effectiveness and acceptance. - [Source Reference]
  • Comparative Analysis - Similar laws in other states may provide insights into the effectiveness of penalty provisions in language promotion. - [Source Reference]
  • Judicial Interpretation - Future judicial interpretations of Section 9 will be crucial in shaping its application and enforcement. - [Source Reference]

S.10 Duties of Enforcement Officer

The Enforcement Officer in order toensure the compliance of general measures prescribed under the provisions of thisAct shall perform following duties:-

(i) conduct periodical inspection in the Government Departments and theLocal Authorities under sub-section (1) and (5) of section 17;

(ii) conduct periodical inspection to ensure compliance of sub-section (6) to(10) of section 17;

(iii) The inspection reports shall be submitted to the Committees concerned insuch manner as may be prescribed.


S.11 The Directorate of Enforcement of Official Language

The Directorate of Kannada and Culture shall also be the Directorate of Enforcement ofthe Official Language.


S.12 Kannada Language in Education

In so far as Education in all schoolsin the State are concerned, the provisions of Kannada Language Learning Act,2015 (Karnataka Act 22 of 2015) shall continue to apply.


S.13 Kannada Language in Higher Education, Technical Education andProfessional Education

(1) As per the New Education Policy, in Higher, Technicaland Professional Education course, practical and functional knowledge of Kannadalanguage pertaining to concerned professional course shall be taught to thestudents as prescribed by the respective Universities.

(2) In so far as students who have not studied Kannada as one of thelanguages at the SSLC level shall also be taught basic Kannada Language as asubject prescribed in the University syllabus.


S.14 Reservation in Higher, Technical and Professional Education

Students who have studied in Kannada medium from 1st Standard to 10th Standardin Karnataka or in Kannada Medium Schools in any other States shall be providedsuch percentage of reservation in Higher, Technical and Professional Education asmay be notified by the State Government.


S.15 Knowledge of Kannada Language to be essential for employments inthe State Government, Local Authorities, Boards, Corporations and inStatutory or Non-Statutory Bodies, Co-Operative Societies and Societies ofthe State Government

In addition to other qualifications or conditionsprescribed, every person seeking State Government employment or employment inany Local Authorities, Boards, Corporations, Statutory or Non-Statutory Bodies orregistered Co-Operative Societies and other Societies of the State Government,must pass Kannada language examination conducted by the Karnataka PublicService Commission or any other Authority notified by the Government in thisbehalf which is equivalent to first or second language of 10th Standard or SSLC.Provided that, a person who has passed SSLC or equivalent examination inKannada as first or second language is exempted from such Kannada Languageexamination.


S.16 Language in the Courts

(1) The District Courts or Trial Courts as thecase may be and Tribunals shall conduct proceedings in Kannada and pronouncethe orders and judgments in Kannada Language;

Provided that, the Presiding Officer of any such Court or Tribunal may whilerecording evidence in Kannada, make use of English words and phrases wherevernecessary;

Provided further that, the High Court may by general or special order permitthe Presiding Officer to record evidence in English.

(2) Notwithstanding anything contained in any other Act, all the Orders of allquasi-judicial functionaries of the State Government shall be in Kannada.


S.17 General measures to be taken for extensive use and propagation of Kannada Language

(1) The board displaying the name of the State GovernmentDepartments, Undertakings or Autonomous Bodies, Co-Operative and PublicUndertakings, Educational Institutions, Banks, other Financial Institutions, PrivateIndustries and Universities, of the officers and designations shall be primarily inKannada.

(2) The particulars displayed on the boards erected under the supervision ofvarious Government Departments and local authorities of the State includingnames of roads and extension areas, shall be primarily in Kannada.

(3) All Tender Notifications, Advertisements, Application forms, DigitalForms, Certificates and Notifications issued by the Government or LocalAuthorities for publication in Karnataka shall be primarily in Kannada.

(4) The pamphlets, banners, flex, electronic display boards, informations,notices, etc., of programmes conducted by Government, Local Authorities,Institutions whether Aided or Un-Aided, shall be primarily in Kannada.

(5)

S.18 Measures to be taken for the use of Kannada language inInformation Technology

(1) E-Governance Department shall develop opensource software and accessories for the efficient use of Kannada language in thefield of Information Technology.

(2) The information in the websites of various Departments of Government,Local Authorities, Quasi-Governmental Institutions, Public Sector Undertakings,Autonomous Bodies, Co-operative Societies, etc., shall be made available inKannada in Unicode or available technology from time to time and website shall bemodified for selecting any language to be used therein.

(3) The facility shall also be made available for the use of Kannada in the e-tenders and e-Governance projects being implemented in the GovernmentDepartments.

(4) All electronic applications developed by Government and LocalAuthorities shall also be in Kannada. All electronic application forms, messages,letters, etc., shall also be in Kannada.


S.19 Incentives for the development of Kannada Language

Scheme shallbe formulated by E-Governance Department for awarding incentives to personswho provide creative suggestions to the Government for the effective development ofKannada language in the field of Information Technology.


S.20 Entitlement of Concessions and Tax rebates or deferment

(1) Noprivate industry, establishment or institution shall be eligible for concession of landor any other concession of tax rebate or deferment of tax or any kind of grant-in aidunless such industry, establishment or institution provides not less than suchpercentage of reservation to Kannadigas as per the industrial policy notified by theState.

(2) If any industry which has undertaken to comply with the industrialpolicies of the State prescribed for reservation in employment for Kannadigas, failsto fulfill the obligation, shall be liable for disentitlement of continuation of benefitsnamely concessions and tax rebates or deferment or any kind of grant-in aid infuture and shall also be liable for recovery of the same. Such disentitlement shallbe invoked only after giving an opportunity of hearing to the said industry.

(3) The Finance Department and Commerce and Industries Department ofthe Government shall ensure the compliance of the provision of sub-section

S.21 Employment Portal

The State Government shall establishemployment portal for Government Offices, Institutions, Local Authorities, PublicEnterprises, Private Industries, Establishments and their appointing agencies inKarnataka. Such portal shall notify the vacancies and posts to be filled-up alongwith the prescribed knowledge of Kannada for such employment.


S.22 Punishment for failure to comply with the provisions of the Act by the Government Officer

(1) The Government Officer entrusted with the duty ofenforcing Official Language if fails to comply with the provisions of this Act, suchconduct shall be deemed to be dereliction of duty and shall be liable for suchdisciplinary action as may be determined by the Disciplinary Authority.

(2) Any failure on the part of the Government officials in using Kannadalanguage in official and administrative transactions shall be deemed to bedereliction of duty and the same shall be reported by the respective Committees tothe State Level Committee for needful disciplinary action:

Provided that, before taking such disciplinary action, the concerned officer orofficial, shall be given an opportunity of being heard.


S.23 Penalty for violations of the provisions of the Act by private individuals

Whoever being the owner or person in-charge of any industry, shop,firm and commercial establishment, fails to comply with the provision of sub-section (6) to (10) of section 17 of this Act shall be liable for fine as noted below:

(i) fine which may extend to Rs.5,000/- for the first offence.

(ii) fine which may extend to Rs.10,000/- for the second offence and

(iii) fine which may extend to Rs.20,000/- for every subsequent offenceand shall also be liable for cancellation of the license.

Explanation:- For this purpose before initiating any action, the EnforcementOfficer shall issue a show-cause notice indicating the violation of the Act andprovide opportunity for compliance of the provisions of this Act within fifteen daysfrom the date of notice. Failure to comply with show cause notice will attract the aforesaid offence and penalty.


S.24 Compounding of Offence

(1) Any offence whether committed before orafter the commencement of this Act punishable under section 23, may either beforeor after the institution of the prosecution, can be compounded by such officers orauthorities and for such amount as the State Government may, by notification inthe Official Gazette, specify in this behalf.

(2) Where an offence has been compounded against the offender under sub-section (1), no further prosecution shall be taken against him.



Legal Commentary on The Kannada Language Comprehensive Development Act, 2022 - Section 24

Introduction

The Kannada Language Comprehensive Development Act, 2022, aims to promote and enhance the use of the Kannada language across various sectors in Karnataka. Section 24 specifically addresses the compounding of offences related to non-compliance with the provisions of the Act.

What does Section 24 Say

Section 24 provides a mechanism for the compounding of offences, allowing for certain violations of the Act to be settled by paying a specified fine rather than facing prosecution. This provision is intended to encourage compliance while reducing the burden on the judicial system.

Essential Ingredients

  • Compounding of Offences: The section outlines the conditions under which offences can be compounded.
  • Monetary Penalties: It specifies the fines applicable for various violations.
  • Discretionary Power: Authorities have the discretion to compound offences based on the nature of the violation.

Scope of Section

The scope of Section 24 encompasses various violations of the Act, particularly those related to the use of Kannada in commercial establishments, signage, and public communications. It aims to facilitate compliance by providing an alternative to criminal prosecution.

Punishment for Section

While Section 24 allows for compounding of offences, it does not preclude the imposition of fines or other penalties for non-compliance. The fines can vary based on the severity and nature of the offence.

Legal Comments

  • Compounding - Section 24 allows for the compounding of offences, providing a mechanism for offenders to resolve violations without facing criminal charges. - [Source Reference]
  • Fines - The Act imposes fines for non-compliance, with ₹5,000 being the penalty for first-time offenders in commercial establishments. - [Source Reference]
  • Encouragement of Compliance - The provision aims to encourage compliance with the Act by offering a less severe alternative to prosecution. - [Source Reference]
  • Judicial Efficiency - By allowing compounding, the Act seeks to reduce the burden on the judicial system, facilitating quicker resolutions. - [Source Reference]
  • Discretionary Authority - Authorities have the discretion to decide whether to compound an offence, which may lead to inconsistencies in enforcement. - [Source Reference]
  • Retrospective Application - Concerns have been raised regarding the potential retrospective application of penalties under the Act, which may violate Article 20(1) of the Constitution. - [Source Reference]
  • Implementation Challenges - The effectiveness of Section 24 may be hindered by a lack of coordination among various departments responsible for enforcing the Act. - [Source Reference]
  • Public Awareness - There is a need for increased public awareness regarding the provisions of the Act and the penalties for non-compliance to ensure better adherence. - [Source Reference]
  • Cultural Significance - The Act, including Section 24, underscores the cultural importance of the Kannada language and aims to promote its use in public life. - [Source Reference]
  • Potential for Abuse - The discretionary power granted to authorities may lead to potential abuse or arbitrary enforcement of the law. - [Source Reference]
  • Local Language Promotion - The Act is part of a broader legislative effort to promote local languages and ensure their usage in various sectors. - [Source Reference]
  • Economic Impact - The imposition of fines may have economic implications for businesses, particularly small enterprises that may struggle to comply with the language requirements. - [Source Reference]
  • Legislative Intent - The intent behind Section 24 is to balance enforcement with the need for compliance, reflecting a pragmatic approach to language promotion. - [Source Reference]
  • Future Amendments - The Act may be subject to future amendments to address any shortcomings or challenges encountered during its implementation. - [Source Reference]
  • Community Engagement - Engaging local communities in the implementation process may enhance compliance and foster a sense of ownership over the language promotion efforts. - [Source Reference]
  • Monitoring Mechanisms - Effective monitoring mechanisms will be essential to ensure that the provisions of the Act, including Section 24, are enforced fairly and consistently. - [Source Reference]
  • Legal Clarity - There is a need for clear guidelines on what constitutes an offence under the Act to avoid ambiguity and ensure fair enforcement. - [Source Reference]
  • Impact on Non-Kannadigas - The Act may have implications for non-Kannadigas residing in Karnataka, particularly regarding their rights and obligations under the law. - [Source Reference]
  • Language Rights - The Act raises important questions about language rights and the balance between promoting a regional language and protecting the rights of linguistic minorities. - [Source Reference]
  • Social Cohesion - Promoting the Kannada language through such legislative measures may contribute to social cohesion and a sense of identity among Kannadigas. - [Source Reference]

S.25 Supervision by the State Level Committee

(1) The State LevelCommittee shall supervise the implementation of provisions of this Act.

(2) It shall be the duty of the said Committee to inform the AppointingAuthority or Disciplinary Authority to take suitable action against the officersresponsible for violation of the provisions of this Act.

(3) It shall be mandatory for every Appointing Authority or DisciplinaryAuthority to take appropriate action on the recommendation of the State LevelCommittee within a reasonable time not exceeding one year from the date ofcommunication of the report.

(4) The State Level Committee may also recommend for suitable action inrespect of violation of other provisions of the Act to the Appropriate Authorities.


S.26 Power to make rules

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

(2) Every rule made under this Act shall be laid as soon as may be beforeeach House of the State Legislature while it is in Session for a total period of thirtydays, which may be comprised in one Session or in two or more successiveSessions and if, before the expiry of the Session in which it is so laid or the Sessionimmediately following both Houses agree in making any modification in the rule ordecide that any rule should not be made, the rule shall thereafter have effect onlyin such modified form or be of no effect, as the case may be, so, however, that anysuch modification or annulment shall be without prejudice to the validity ofanything previously done under that rule.


S.27 Power of Government to give directions

The State Government mayissue such directions or instructions to all officers of the State Government as maybe necessary for effective implementation of the provisions of this Act and the rulesmade there under.


S.28 Protection of action taken in good faith

No suit, prosecution or otherlegal proceedings shall lie against the State Government or the Local Authority orany Officer of the Government in respect of anything which is done in good faith orintended to be done in pursuance of this Act and any Rules or Orders made thereunder.


S.29 Power to remove difficulties

(1) If any difficulty arises in giving effectto the provisions of this Act, the Government may, by order published in theGazette, make provisions not inconsistent with the provisions of this Act whichappear to be necessary or expedient, for removing the difficulty:

Provided that, no such order shall be made after the expiry of period of twoyears from the date of commencement of this Act.

(2) Every order made under this Section shall, as soon as may be after it ismade, be laid before the Karnataka State Legislature.


S.30 Transitory provisions

All rules, orders, notifications issued on thematters specified in this Act by the State Government before the commencement ofthis Act shall be valid and deemed to have been done or issued under theprovisions of this Act and they shall continue until it is modified or withdrawnunder this Act.


S.31 Repeal and Savings

(1) The Karnataka Official Language Act 1963(Karnataka Act 26 of 1963) and the Karnataka Local Authorities (Official Language)Act, 1981 (Karnataka Act 30 of 1981) are hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken underthe said Act shall be deemed to have been done or taken under this Act.


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