Kerala · Act 8 of 2017

MALAYALAM LANGUAGE LEARNING ACT 2017

An Act to provide for teaching Malayalam as a compulsory language in all schools in the State and for matters connected therewith or incidental thereto.

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GOVERNMENT OF KERALA

Law (Legislation­D) Department

NOTIFICATION

No.8445/Leg.D2/2017/Law                 Dated, Thiruvananthapuram,    2  nd   June, 2017
                                                                                                          19   th      Idavam, 1192
                                                                                                          12th  Jyaishta, 1939.

        In pursuance of clause (3) of Article 348 of the Constitution of India,

the   Governor   of   Kerala   is   pleased   to   authorise   the   publication   in   the

Gazette of the following translation in English language of the Malayalam

Learning Act, 2017 (8 of 2017).

  By order of the Governor,

                                                                                                       B.G.HARINDRANATH, 
                                                                                                                   Law Secretary.



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[Translation in English of the “2017-ലലെ മലെയയാള ഭയാഷയാപഠന ആകക" published under the authority

of the Governor.] 

ACT 8 OF 2017

MALAYALAM LANGUAGE LEARNING  ACT, 2017         

An Act  to  provide  for  teaching  Malayalam as  a  compulsory  language  in  all

schools  in  the  State  and  for  matters  connected  therewith  or  incidental

thereto.

Preamble.— WHEREAS, it is expedient to provide for teaching Malayalam as

compulsory  language  in  all  schools  in  the  State  and  for  matters  connected

therewith or incidental thereto ;

BE it enacted in the Sixty- eighth Year of the Republic of India as follows:-

1.  Short  title  and  commencement.—(1)  This  Act  may  be  called  the

Malayalam Language Learning Act, 2017.

(2)  It  shall  be  deemed  to  have  come  into  force  on  the  10th day  of

April, 2017.

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “Government” means  Government of Kerala;

(b)  “prescribed” means prescribed by  rules made under this Act;

(c)  “schools”  mean  Government,  aided  and  un-aided  schools,  and

includes  un-aided schools  affiliated  to  any of  the  boards  such  as  the  Central

Board of  Secondary Education (CBSE) or  the Council  for  the Indian Schools

Certificate Examination (CISCE);

(d) “State” means the State of Kerala.

(2) Words and expressions used and not defined in this Act, but defined

in the Kerala Education Act, 1958 (6 of 1959) and the Kerala Education Rules,



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1959 shall have the same meaning respectively assigned to them in the said Act

and the Rules.

3. Malayalam to be taught in all schools in the State.—(1) Notwithstanding

anything contained in any Act or any rules or orders made thereunder for the time

being in force,  Malayalam shall  be taught as  a language in classes from first

standard to tenth standard in all schools in the State from the academic year 2017-

18:

Provided that in those schools including linguistic minority schools where

Malayalam  language is not being taught as per the existing curriculum at the date

of  commencement  of  this  Act,  the State  Council  for  Education  Research and

Training (SCERT) shall prepare text book for teaching Malayalam and the same

shall be taught.

(2)   No restriction shall be imposed for speaking  Malayalam in schools in

the State either directly or indirectly.

(3) No board or notice shall be displayed or no other campaign shall be

conducted in schools in the State imposing restrictions in  speaking  Malayalam

language or that some other language alone shall be spoken.

(4) If  there  are  situations  where  learning  Malayalam language in  the

respective classes as per curriculum is not possible for the students who come

from other States or foreign countries to the State and continue studies in the

schools, such students may be exempted from  Malayalam language examination

in  the  tenth  standard  as  per  the  existing   curriculum and shall  be  taught  the

Malayalam text books prepared by the State Council for Education Research and

Training (SCERT).

(5)  Malayalam  language  learning  shall  be  made  as  a  condition  for

granting No Objection Certificate to schools under the  Central Board of Secondary

Education (CBSE) and the Council for the Indian Schools Certificate Examination

(CISCE) where trilingual curriculum is existing and the no objection certificate of

the schools which are not provided with such Malayalam learning shall be cancelled:



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Provided  that  in  such  schools,  for  the  students  who  are  not  studying

Malayalam as a language in the classes where bilingual curriculum is followed text

books prepared by the State Council for Education Research and Training (SCERT)

for learning Malayalam language shall be taught.

(6) Teaching  Malayalam language in all classes from  from first standard

to tenth standard shall be made as a condition for granting recognition to un-aided

schools under the provisions of the Kerala Education Act, 1958 and rules made

thereunder.

(7) Government shall provide necessary facilities for learning Malayalam

progressively in schools exclusively for linguistic minorities and in oriental schools,

in the manner as may be prescribed.

4. Fine for violation of provision of the Act and Rules.— (1) The Headmaster

of the school that violates the provisions of sub-section (2) or sub-section (3) of

section 3 of this Act shall be imposed with a fine of five thousand rupees. 

(2)  An  officer  not  below  the  rank  of  Deputy  Director  of  Education

authorized by Government in this behalf shall realise the fine under sub-section

(1), from such  Headmaster,  in the manner as may be prescribed.

(3) Against an order under sub-section (1), the  Headmaster may file an

appeal before the Director of Public Instruction within thirty days from the date

of receipt of such order and such appeal shall be disposed of within thirty days

from the date of its submission.

(4) If there occurs three violations of the provisions of  sub-section (2) or

sub-section (3) of section 3, in the case of un-aided schools the recognition of

such schools may be cancelled and in the case of schools affiliated to the  Central

Board of  Secondary Education (CBSE) and the Council  for  the Indian Schools

Certificate Examination (CISCE) the no objection certificate granted to such schools

may be cancelled by the Government, in the manner as may, be prescribed.

5.  Bar on jurisdiction of civil courts.— No civil court shall entertain any



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suit, application or other proceeding in respect of any order issued under this Act.

6.  Power to make rules.—(1) The Government may, by notification in the

Gazette, make rules with prospective or retrospective effect, for the purpose of

carrying out the provisions of this Act.

(2) Every rule made under this Act shall be laid, as soon as may be after

it is made, before the Legislative Assembly while it is in session for a total period

of fourteen days which may be comprised in one session or in two successive

sessions,  and if,  before the expiry of the session in which it  is  so laid or the

session immediately following the Legislative Assembly makes any modification

in the rule or decides that the rule should not be made, the rule shall thereafter

have effect only in such modified form or be of no effect, as the case may be, so

however that any such modification or annulment shall be without prejudice to

the validity of anything previously done under that rule.

7. Removal of diffculties.—(1) If any difficulty arises in giving effect to the

provisions of this Act, the Government may by  Order published in the Gazette do

anything not inconsistent with the provisions of this Act, which appears to them

to be necessary or expedient for removing the difficulty:

 Provided that no Order shall be made under this section after the expiration

of two years from the date on which this Act comes into force.

(2) Every Order published under this section shall, as soon as may be

after its publication, be laid before the Legislative Assembly.

8.  Repeal and saving.-  (1)  Malayalam Language (Compulsory Language)

Ordinance, 2017 (5 of 2017) is hereby repealed.

(2) Notwithstanding such repeal, anything done or  any action  taken under

the said Ordinance shall be deemed to have been done or taken under this Act.


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Jurisdiction
Kerala
Enactment date
2017-06-02
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