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Arrangement
of Clauses
Chapter
I
Preliminary
- Short
title, extent and commencement.
- Definitions.
Chapter II
Prasar
Bharati (Broadcasting Corporation of India)
- Establishment
and composition of Corporation.
- Appointment
of Chairman and other Members.
- Powers
and functions of Executive Member.
- Terms
of office, conditions of service, etc., of Chairman
and other Members.
- Removal
and suspension of Chairman and Members.
- Meetings
of Board.
- Officers
and other employees of Corporation.
- Establishment
of Recruitment Boards.
- Transfer
of service of existing employees to Corporation.
- Functions
and Powers of Corporation.
- Parliamentary
Committee.
- Establishment
of Broadcasting Council, term of office and
removal , etc., of members thereof.
- Jurisdiction
of, and the procedure to be followed by, Broadcasting
Council.
Chapter
III
Assets,
Finances and Accounts
- Transfer
of certain assets, liabilities, etc., of Central
Government to Corporation.
- Grants,
etc., by Central Government.
- Fund
of Corporation.
- Investment
of Moneys.
- Annual
Financial Statement of the Corporation.
- Accounts
and audit of Corporation.
- Corporation
not Liable to be Taxed.
Chapter
IV
Miscellaneous
23.
Power of Central Government to give directions.
24.
Power of Central Government to Obtain Information.
25.
Report to Parliament in certain matters and recommendations
as to action against the Board.
- Office
of member not to Disqualify a Member of Parliament.
- Chairman,
Members, etc., to be public servants.
- Protection
of action taken in good faith.
- Authentication
of Orders and other Instruments of Corporation.
- Delegation
of Powers.
- Annual
Report.
- Power
to make rules.
- Power
to make regulations.
- Rules
and regulations to be laid before Parliament.
- Power
to remove difficulties.
The
Prasar Bharati (Broadcasting Corporation of India)
Act,1990
An
Act
to
provide for the establishment of a Broadcasting
Corporation for India, to be known as Prasar Bharati,
to define its composition, functions and powers
and to provide for matters connected therewith
or incidental thereto.
Chapter
I
Preliminary
- Short
title, extent and commencement.
(1)
This Act may be called the Prasar Bharati (Broadcasting
Corporation of India) Act, 1990
(2)
It extends to the whole of India.
(3)
It shall come into force on such date as the
Central Government may, by notification, appoint.
-
Definitions.
In this Act, unless the context otherwise requires,
----
- "Akashvani"
means the offices, stations and other establishments,
by whatever name called, which, immediately
before the appointed day, formed part of or
were under the Director-General, All India
Radio of the Union Ministry of Information
and Broadcasting;
- "appointed
day" means the date appointed under section
3;
- "broadcasting"
means the dissemination of any form of communication
like signs, signals, writing, pictures, images
and sounds of all kinds by transmission of
electro-magnetic waves through space or through
cables intended to be received by the general
public either directly or indirectly through
the medium of relay stations and all its grammatical
variations and cognate expression shall be
construed accordingly;
- "Board"
means the Prasar Bharati Board;
- "Broadcasting
Council" means the Council established under
section 14;
- "Chairman"
means the Chairman of the Corporation appointed
under section 4;
- "Corporation"
means the Prasar Bharati (Broadcasting Corporation
of India) established under section 3;
- "Doordarshan"
means the offices, kendras and other establishments,
by whatever name called, which, immediately
before the appointed day, formed part of or
were under the Directorate-General, Doordarshan
of the Union Ministry of Information and Broadcasting;
- "elected
Member" means a Member elected under section
3;
- "Executive
Member" means the Executive Member appointed
under section 4;
- "kendra"
means any telecasting centre with studios
or transmitters or both and includes a relay
station;
- "Member"
means a Member of the Board;
- "Member
(Finance)" means the Member (Finance) appointed
under section 4;
- "Member
(Personnel)" means the Member (Personnel)
appointed under section 4;
- "Nominated
Member" means the Member nominated by the
Union Ministry of Information and Broadcasting
under section 3;
- "Non-lapsable
Fund" means the Fund created from the commercial
revenues of Akashvani and Doordarshan to meet
expenditure on certain schemes;
- "notification"
means a notificaion published in the official
Gazette;
- "Part-time
Member" means a Part-time Member of the Board
appointed under section 4, but does not include
an ex-officio Member, the Nominated Member
or an elected Member;
- "prescribed"
means prescribed by rules made under this
Act;
- "Recruitment
Board" means a board established under sub-section
(I) of section 10;
- "regulations"
means regulations made by the Corporation
under this Act;
- "station"
means any broadcasting station with studios
or transmitters or both and includes a relay
station;
- "Whole-time
Member" means the Executive Member, Member
(Finance) or Member (Personnel);
- "year"
means the financial year.
Chapter
II
Prasar
Bharati (Broadcasting Corporation of India)
-
Establishment
and composition of Corporation.
(1)
With effect from such date as the Central Government
may by notification appoint in this behalf,
there shall be established for the purposes
of this Act a Corporation, to be known as the
Prasar Bharati (Broadcasting Corporation of
India).
(2)
The Corporation shall be a body corporate by
the name aforesaid, having perpetual succession
and a common seal with power to acquire, hold
and dispose of property, both movable and immovable,
and to contract, and shall by the said name
sue and be sued.
(3)
The headquarters of the Corporation shall be
at New Delhi and the Corporation may establish
offices, kendras or stations at other places
in India and, with the previous approval of
the Central Government, outside India.
(4)
The general superintendence, direction and management
of the affairs of the Corporation shall vest
in the Prasar Bharati Board which may exercise
all such powers and do all such acts and things
as may be exercised or done by the Corporation
under this Act.
(5)
The Board shall consist of --------
-
- (a)a
Chairman;
- (b)
one Executive Member;
- (c)one
Member (Finance);
- (d)one
Member (Personnel);
- (e)six
Part-time Members;
- (f)Director-General
(Akashvani), ex-officio;
- (g)Director-General
(Doordarshan), ex-officio;
- (h)one
representative of the Union Ministry of Information
and Broadcasting, to be nominated by that
Ministry; and
- (i)
two representatives of the employees of the
Corporation, of whom one shall be elected
by the engineering staff from amongst themselves
and one shall be elected by the other employee
from amongst themselves.
(6)
The Corporation may appoint such committees
as may be necessary for the efficient performance,
exercise and discharge of its functions, powers
and duties:
Provided
that all or a majority of the members of each
committee shall be Members and a member of any
such committee who is not a Member shall have
only the right to attend meetings of the committee
and take part in the proceedings thereof, but
shall not have the right to vote.
(7)
The Corporation may associate with itself, in
such manner and for such purposes as may be
provided by regulations, any person whose assistance
or advice it may need in complying with any
of the provisions of this Act and a person so
associated shall have the right to take part
in the discussions of the Board relevant to
the purposes for which he has been associated,
but shall not have the right to vote.
(8)
No act or proceeding of the Board or of any
committee appointed by it under sub-section
(6) shall be invalidated merely by reason of-----
- any
vacancy in, or any defect in the constitution
of, the Board or such committee; or
- any
defect in the appointment of a person acting
as a Member or a member of such committee;
or
- any
irregularity in the procedure of the Board
or such committee not affecting the merits
of the case.
-
Appointment
of Chairman and other Members.
(1)
The Chairman and the other Members, except the
ex-officio Members, the Nominated Member and
the elected Members shall be appointed by the
President of India on the recommendation of
a committee consisting of –
- the
Chairman of the Council of States, who shall
be the Chairman of the Committee;
- the
Chairman of the Press Council of India established
under section 4 of the Press Council Act,
1978; and
- one
nominee of the President of India.
(2)
No appointment of a Member shall be invalidated
merely by reason of any vacancy in, or any defect
in the constitution of, the committee appointed
under sub-section (1).
(3)
The Chairman and the Part-time Members shall
be persons of eminence in Public life; the Executive
Member shall be a person having special knowledge
or practical experience in respect of such matters
as administration, management, broadcasting,
education, literature, culture, arts, music,
dramatics or journalism; the Member (Finance)
shall be person having special knowledge or
practical experience in respect of financial
matters and the Member (Personnel) shall be
a person having special knowledge or practical
experience in respect of personnel management
and administration.
(4)
The recommendations made by the committee constituted
under sub-section (1) shall be binding for the
purposes of appointments under this section.
-
Powers
and functions of Executive Member.
(1)
The Executive Member shall be the Chief Executive
of the Corporation and shall, subject to the
control and supervision of the Board, exercise
such power and discharge such functions of the
Board as it may delegate to him.
-
Term
of office, conditions of service, etc, of
Chairman and other Members.
(1)
The Chairman shall be Part-time Member and shall
hold office for a term of six years from the
date on which he enters upon his office.
(2)
The Executive Member, the Member (Finance) and
Member (Personnel) shall be Whole-time Members
and every such Member shall hold office for
a term of six years from the date on which he
enters upon his office or until he attains the
age of sixty-two years whichever is earlier.
(3)
The term of office of Part-time Members shall
be six years, but one-third of such Members
shall retire on the expiration of every second
year.
(4)
The term of office of an elected Member shall
be two years or till he ceases to be an employee
of the Corporation, whichever is earlier.
(5)
As soon as may be after the establishment of
the Corporation, the President of India may,
by order, make such provision as he thinks fit
for curtailing the term of office of some of
the Part-time Members then appointed in order
that one-third of the Members holding office
as such Part-time Members shall retire in every
second year thereafter.
(6)
Where before the expiry of the term of office
of a person holding the office of Chairman,
or any other Member, a vacancy arises, for any
reason whatsoever, such vacancy shall be deemed
to be a casual vacancy and the person appointed
or elected to fill such vacancy shall hold office
for the unexpired period of the term for which
his predecessor in office would have held office
if such vacancy had not arisen.
(7)
The Whole-time Members shall be the employees
of the Corporation and as such shall be entitled
to such salaries and allowances and shall be
subject to such conditions of service in respect
of leave, pension (if any), provident fund and
other matters as may be prescribed:
Provided
that the salaries and allowances and the conditions
of service shall not be varied to their disadvantage
after their appointment.
(8)
The Chairman and Part-time Members shall be
entitled to such allowances as may be prescribed.
-
Removal
and Suspension of Chairman and Members.
(1)
Subject to the provisions of sub-section (3),
the Chairman or any other Member, except an
ex-officio Member, the Nominated Member and
an elected Member shall only be removed from
his office by order of the President of India
on the ground of misbehaviour after the Supreme
Court, on a reference being made to it by
the President, has, on inquiry held in accordance
with such procedure as the Supreme Court may
by rules provide, reported that the Chairman
or such other member, as the case may be,
ought, on such ground, be removed.
(2)
The President may suspend from office the
Chairman or other Member, except an ex-officio
Member, the Nominated Member or an elected
Member, in respect of whom a reference has
been made to the Supreme Court under sub-section
(1) until the president has passed orders
on receipt of the report of the Superme Court
on such reference.
(3)
Notwithstanding anything contained in sub-section
(1), the President may, by order, remove the
Chairman or any Whole-time Member from his
office if such Chairman or such Whole-time
Member --
- ceases
to be a citizen of India; or
- is
adjudged an insolvent; or
- engages
during his term of office in any paid
employment outside the duties of his office;
or
- is
convicted of any offence involving moral
turpitude; or
- is,
in the opinion of the President, unfit
to continue in office by reason of infirmity
of body or mind:
Provided
that the President may, by order, remove any
part-time Member from his office if he is
adjudged an insolvent or is convicted of any
offence involving moral turpitude or where
he is, in the opinion of the President, unfit
to continue in office by reason of infirmity
of body or mind.
(4)
If the Chairman or any Whole-time Member,
except any ex-officio Member, the Nominated
Member or any elected Member, is, or becomes
in any way concerned or interested in any
contract or agreement made by or on behalf
of the Corporation or the Government of India
or the Government of a State or, participates
in any way in the profit thereof, or in any
benefit or emolument arising therefrom than
as a member, and in common with other members
of an incorporated company, he shall, for
the purposes of sub-section (1), be deemed
to be guilty of misbehaviour.
(5)
If a Part-time Member is, or becomes in any
way concerned, or interested in any contract,
or agreement made by or on behalf of the Corporation,
he shall, for the purposes of sub-section
(1), be deemed to be guilty of misbehaviour.
(6)
The Chairman or any other Member may resign
his office by giving notice thereof in writing
to the President of India and on such resignation
being accepted, the Chairman or other Member
shall be deemed to have vacated his office.
-
Meetings
of Board
(1)
The Board shall meet at such times and places
and shall observe such rules of procedure
in regard to the transaction of business
at its meetings (including the quorum at
meetings) as may be provided by regulations:
Provided
that there shall not be less than six meetings
every year but three months shall not intervene
between one meeting and the next meeting.
(2)
A Member shall be deemed to have vacated
his office if he absents himself for three
consecutive meetings of the Board without
the leave of the Chairman.
(3)
The Chairman shall preside at the meetings
of the Board and if for any reason he is
unable to attend any meeting, the Executive
Member and in the absence of both, any other
Member elected by the Members present at
such meeting, shall preside at the meeting.
(4)
All questions which come up before any meeting
of the Board shall be decided by a majority
of the votes of the Members present and
voting and, in the event of an equality
of votes, the Chairman, or in his absence,
the person presiding, shall have and exercise
a second or casting vote.
-
Officers
and other employees of Corporation.
(1)
Subject to such control, restrictions
and conditions as may be prescribed, the
Corporation may appoint, after consultation
with the Recruitment Board, the Director-General
(Akashvani), the Director-General (Doordarshan)
and such other officers and other employees
as may be necessary.
(2)
The method of recruitment of such officers
and employees and all other matters connected
therewith and the conditions of service
of such officers and other employees shall
be such as may be provided by regulations.
-
Establishment
of Recruitment Boards.
(1)
The Corporation shall, as soon as may be,
after the appointed day and in such manner
and subject to such conditions and restrictions
as may be prescribed, establish for the
purposes of section 9, one or more Recruitment
Boards consisting wholly of persons other
than the Members, officers and other employees
of the Corporation:
Provided
that for the purposes of Appointment to
the posts carrying scales of pay which are
not less than that of a Joint Secretary
to the Central Government, the Recruitment
Board shall consist of the Chairman, other
Members, the ex-officio Members, the Nominated
member and the elected Members.
(2)
The qualifications and other conditions
of service of the members constituting the
Recruitment Board and the period for which
such members shall hold office, shall be
such as may be prescribed.
-
Transfer
of service of existing employees to Corporation.
(1)
Where the Central Government has ceased
to perform any functions which under section
12 are the functions of the Corporation,
it shall be lawful for the Central Government
to transfer, by order and with effect from
such date or dates as may be specified in
the order, to the Corporation any of the
officers or other employees serving in the
Akashvani or Doordarshan and engaged in
the performance of those functions:
Provided
that no order under this sub-section shall
be made in relation to any officer or other
employee in the Akashvani or Doordarshan
who has, in respect of the proposal of the
Central Government to transfer such officer
or other employee to the Corporation, intimated
within such time as may be specified in
this behalf by the Central Government, his
intention of not becoming an employee of
the Corporation.
(2)
The provision of sub-section (1) shall also
apply to the members of the Indian Information
Service, the Central Secretariat Service
or any other service or to persons borne
on cadres outside Akashvani and Doordarshan
who have been working in Akashvani or Doordarshan
immediately before the appointed day:
Provided
that where any such member intimates, within
the time specified in sub-section
(1), his intention of not becoming
an employee of the Corporation but to continue
on deputation, he may be allowed to continue
on deputation in accordance with such terms
and conditions as may be prescribed.
(3)
In making an order under sub-section (1),
the Central Government shall, as far as
may be, take into consideration the functions
which the Akashvani or, as the case may
be, Doordarshan has ceased or ceases to
perform and the area in which such functions
have been or are performed.
(4)
An officer or other employee transferred
by an order under sub-section (1) shall,
on and from the date of transfer, cease
to be an employee of the Central Government
and become an employee of the Corporation
with such designation as the Corporation
may determine and shall, subject to the
provisions of sub-sections (5) and (6),
be governed by such regulations as may be
made as respects remuneration and other
conditions of service including pension,
leave and provident fund and shall continue
to be an officer or other employee of the
Corporation unless and until his employment
is terminated by the Corporation.
(5)
Every officer or other employee transferred
by an order made under sub-section (1) shall,
within six months from the date of transfer,
exercise his option, in writing, to be governed
–
(a)
by the scale of pay applicable to the post
held by him in the Akashvani or Doordarshan
immediately before the date of transfer
or by the scale applicable to the post under
the Corporation to which he is transferred;
(b)
by the leave, provident fund, retirement
of other terminal benefits admissible to
employees of the Central Government in accordance
with the rules or orders of the Central
Government, as amended from time to time,
or the leave, provident fund or other terminal
benefits admissible to the employees of
the Corporation under the regulations,
and
such option once exercised under this Act
shall be final:
Provided
that the option exercised under clause (a)
by an officer or other employee shall be
applicable only in respect of the post under
the Corporation to which such officer or
other employee is transferred and on appointment
to a higher post under the Corporation he
shall be eligible only for the scale of
pay applicable to such higher post:
Provided
further that if immediately before the date
of his transfer any such officer or other
employee is officiating in a higher post
under the Government either in a leave vacancy
or any other vacancy of a specified duration,
his pay on transfer shall be protected for
the unexpired period of such vacancy and
thereafter he shall be entitled to the scale
of pay applicable to the post under the
Government to which he would have reverted
or to the scale of pay applicable to the
post under the Corporation to which he is
transferred, whichever he may opt:
Provided
also that when an officer or other employee
serving in the Union Ministry of Information
and Broadcasting or in any of its attached
or subordinate offices is promoted to officiate
in a higher post in the Ministry or office
subsequent to the transfer to the Corporation
of any other officer or employee senior
to him in that Ministry or office before
such transfer, the officer or other employee
who is promoted to officiate in such higher
post shall, on transfer to the Corporation,
be entitled only to the scale of pay applicable
to the post he would have held but for such
promotion or the scale of pay applicable
to the post under the Corporation to which
he is transferred, whichever he may opt.
(6)
No officer or other employee transferred
by an order made under sub-section (1) or
sub-section (2), --
(a)
shall be dismissed or removed by an authority
subordinate to that competent to make a
similar or equivalent appointment under
the Corporation as may be specified in the
regulations;
(b)
shall be dismissed or removed or reduced
in rank except after an inquiry in which
he has been informed of the charges against
him and given a reasonable opportunity of
being heard in respect of those charges:
Provided
that where it is proposed after such inquiry
to impose upon him any such penalty, such
penalty may be imposed on the basis of evidence
adduced during such inquiry and it shall
not be necessary to give such person an
opportunity of making representation on
the proposed penalty:
Provided
further that clause (b) shall not apply
where an officer or other employee is dismissed
or removed or reduced in rank on the ground
of conduct which has led to his conviction
on a criminal charge.
-
Functions
and Powers of Corporation.
(1)
Subject to the provisions of this Act, it
shall be the primary duty of the Corporation
to organise and conduct public broadcasting
services to inform, educate and entertain
the public and to ensure a balanced development
of broadcasting on radio and television.
Explanation
--- For the removal of doubts, it is hereby
declared that the provisions of this section
shall be in addition to, and not in derogation,
of the provisions of the Indian Telegraph
Act, 1885.
(2)
The Corporation shall, in the discharge
of its functions, be guided by the following
objectives, namely:-
(a)
upholding the unity and integrity of the
country and the values enshrined in the
Constitution;
(b)
safeguarding the citizen’s right to be informed
freely, truthfully and objectively on all
matters of public interest, national or
international, and presenting a fair and
balanced flow of information including contrasting
views without advocating any opinion or
ideology of its own;
(c)
paying special attention to the fields of
education and spread of literacy, agriculture,
rural development, environment, health and
family welfare and science and technology;
(d)
providing adequate coverage to the diverse
cultures and languages of the various regions
of the country by broadcasting appropriate
programmes;
(e)
providing adequate coverage to sports and
games so as to encourage healthy competition
and the spirit of sportsmanship;
(f)
providing appropriate programmes keeping
in view the special needs of the youth;
(g)
informing and stimulating the national consciousness
in regard to the status and problems of
women and paying special attention to the
upliftment of women;
(h)
promoting social justice and combating exploitation,
inequality and such evils as untouchability
and advancing the welfare of the weaker
sections of the society;
(i)
safeguarding the rights of the working classes
and advancing their welfare;
(j)
serving the rural and weaker sections of
the people and those residing in border
regions, backward or remote areas;
(k)
providing suitable programmes keeping in
view the special needs of the minorities
and tribal communities;
(l)
taking special steps to protect the interests
of children, the blind, the aged, the handicapped
and other vulnerable sections of the people;
(m)
promoting national integration by broadcasting
in a manner that facilitates communication
in the languages in India; and facilitating
the distribution of regional broadcasting
services in every State in the languages
of that State;
(n)
providing comprehensive broadcast coverage
through the choice of appropriate technology
and the best utilisation of the broadcast
frequencies available and ensuring high
quality reception;
(o)
promoting research and development activities
in order to ensure that radio and television
broadcast technology are constantly updated;
and
(p)
expanding broadcasting facilities by establishing
additional channels of transmission at various
levels.
(3)
in particular, and without prejudice to
the generality of the foregoing provisions,
the Corporation may take such steps as it
thinks fit ------
(a)
to ensure that broadcasting is conducted
as a public service to provide and produce
programmes;
- to
establish a system for the gathering of
news for radio and television;
- to
negotiate for purchase of, or otherwise
acquire, programmes and rights or privileges
in respect of sports and other events,
films, serials, occasions, meetings, functions
or incidents of public interest, for broadcasting
and to establish procedures for the allocation
of such programmes, rights or privileges
to the services;
- to
establish and maintain a library or libraries
of radio, television and other materials;
- to
conduct or commission, from time to time,
programmes, audience research, market
or technical service, which may be released
to such persons and in such manner and
subject to such terms and conditions as
the Corporation may think fit;
- to
provide such other services as may be
specified by regulations.
(4)
Nothing in sub-sections (2) and (3) shall
prevent the Corporation from managing on
behalf of the Central Government and in
accordance with such terms and conditions
as may be specified by that Government the
broadcasting of External Services and monitoring
of broadcasts made by organisations outside
India on the basis of arrangements made
for reimbursement of expenses by the Central
Government.
(5)
For the purposes of ensuring that adequate
time is made available for the promotion
of the objectives set out in this section,
the Central Government shall have the power
to determine the maximum limit of broadcast
time in respect of the advertisement.
(6)
The Corporation shall be subject to no civil
liability on the ground merely that it failed
to comply with any of the provisions of
this section.
(7)
The Corporation shall have power to determine
and levy fees and other service charges
for or in respect of the advertisements
and such programmes as may be specified
by regulations:
Provided
that the fees and other service charges
levied and collected under this sub-section
shall not exceed such limits as may be determined
by the Central Government, from time to
time
-
Parliamentary
Committee.
(1)
There shall be constituted a Committee consisting
of twenty-two Members of Parliament, of
whom fifteen from the House of the People
to be elected by the Members thereof and
seven from the Council of States to be elected
by the Members thereof in accordance with
the system of proportional representation
by means of the single transferable vote,
to oversee that the Corporation discharges
its functions in accordance with the provision
of this Act and, in particular, the objectives
set out in section 12 and submit a report
thereon to Parliament.
(2)
The committee shall function in accordance
with such rules as may be made by the Speaker
of the House of the People.
-
Establishment
of Broadcasting Council, term of office
and removal, etc., of members thereof.
(1)
There shall be established, by notification,
as soon as may be after the appointed day,
a Council, to be known as the Broadcasting
Council, to receive and consider complaints
referred to in section 15 and to advise
the Corporation in the discharge of its
functions in accordance with the objectives
set out in section 12.
(2)
The Broadcasting Council shall consist of
-------
(i)
a President and ten other members to be
appointed by the President of India from
amongst persons of eminence in public life;
(ii)
four Members of Parliament, of whom two
from the House of the People to be nominated
by the Speaker thereof and two from the
Council of States to be nominated by the
Chairman thereof.
(3)
The President of the Broadcasting Council
shall be a whole-time member and every other
member shall be a part-time member and the
President or the part-time member shall
hold office as such for a term of three
years from the date on which he enters upon
his office.
(4)
The Broadcasting Council may constitute
such number of Regional Councils as it may
deem necessary to aid and assist the Council
in the discharge of its functions.
(5)
The President of the Broadcasting Council
shall be entitled to such salary and allowances
and shall be subject to such conditions
of service in respect of leave, pension
(if any), provident fund and other matters
as may be prescribed.
Provided
that the salary and allowances and the conditions
of service shall not be varied to the disadvantage
of the President of the Broadcasting Council
after his appointment.
(6)
The other members of the Broadcasting Council
and the members of the Regional Councils
constituted under sub-section (4) shall
be entitled to such allowances as may be
prescribed.
-
Jurisdiction
of, and the procedure to be followed by,
Broadcasting Council.
(1)
The Broadcasting Council shall receive and
consider complaints from ----
(i)
any person or group of persons alleging
that a certain programme or broadcast or
the functioning of the Corporation in specific
cases or in general is not in accordance
with the objectives for which the Corporation
is established;
(ii)
any person (other than officer or employee
of the Corporation) claiming himself to
have been treated unjustly or unfairly in
any manner (including unwarranted invasion
of privacy, misrepresentation, distortion
or lack of objectivity) in connection with
any programme broadcast by the Corporation.
(2)
A complaint under sub-section (1) shall
be made in such manner and within such period
as may be specified by regulations.
(3)
The Broadcasting Council shall follow such
procedure as it thinks fit for he disposal
of complaints received by it.
(4)
If the complaint is found to be justified
either wholly or in part, the Broadcasting
Council shall advise the Executive Member
to take appropriate action.
(5)
If the Executive Member is unable to accept
the recommendation of the Broadcasting Council,
he shall place such recommendation before
the Board for its decision thereon.
(6)
If the Board is also unable to accept the
recommendation of the Broadcasting Council,
it shall record its reasons therefor and
inform the Broadcasting Council accordingly.
(7)
Notwithstanding anything contained in sub-section
(5) and (6), where the Broadcasting Council
deems it appropriate, it may, for reasons
to be recorded in writing, require the Corporation
to broadcast its recommendations with respect
to a complaint in such manner as the Council
may deem fit.
Chapter III
Assets,
Finances and Accounts
-
Transfer
of certain assets, liabilities, etc.,
of Central Government to Corporation.
As from the appointed day,-----
(a)
all property and assets (including the Non-lapsable
Fund) which immediately before that day
vested in the Central Government for the
purpose of Akashvani or Doordarshan or both
shall stand transferred to the Corporation
on such terms and conditions as may be determined
by the Central Government and the book value
of all such property and assets shall be
treated as the capital provided by the Central
Government to the Corporation;
(b)
all debts, obligations and liabilities incurred,
all contracts entered into and all matters
and things engaged to be done by, with or
for the Central Government immediately before
such day for or in connection with the purposes
of Akashvani or Doordarshan or both shall
be deemed to have been incurred, entered
into and engaged to be done by, with or
for the Corporation;
(c)
all sums of money due to the Central Government
in relation to the Akashvani or Doordarshan
or both immediately before such day shall
be deemed to be due to the Corporation;
(d)
all suits and other legal proceedings instituted
or which could have been instituted by or
against Central Government immediately before
such day for any matter in relation to the
Akashvani or Doordarshan or both may be
continued or instituted by or against the
Corporation.
-
Grants,
etc., by Central Government.
For
the purposes of enabling the Corporation
to discharge its functions efficiently under
this Act, the Central Government may, after
due appropriation made by Parliament by
law in this behalf, pay to the Corporation
in each financial year, -----
(i)
the proceeds of the broadcast receiver licence
fees, if any, as reduced by the collection
charges; and
(ii)
such other sums of money as that Government
considers necessary,
by
way of equity, grant-in-aid or loan.
-
Fund
of Corporation.
(1)
The Corporation shall have its own Fund
and all the receipts of the Corporation
(including the amounts which stand transferred
to the Corporation under section 16) shall
be credited to the Fund and all payments
by the Corporation shall be made therefrom.
(2)
All moneys belonging to the Fund shall be
deposited in one or more nationalised banks
in such manner as the Corporation may decide.
(3)
The Corporation may spend such sums as it
thinks fit for performing its functions
under this Act and such sums shall be treated
as expenditure payable out of the Fund of
the Corporation.
Explanation
---- For the purpose of the section, "nationalised
bank" means a corresponding new bank specified
in the First Schedule to the Banking Companies
(Acquisition and Transfer of Undertakings)
Act, 1970 or a corresponding new bank specified
in the First Schedule to the Banking Companies
(Acquisition and Transfer of Undertakings)
Act, 1980.
-
Investment
of Moneys.
The
Corporation may invest its moneys in the
securities of the Central Government or
any State Government or in such other manner
as may be prescribed.
-
Annual
Financial Statement of the Corporation.
(1)
The Corporation shall prepare, in each financial
year, an Annual Financial Statement for
the next financial year showing separately
-----
(a)
the expenditure which is proposed to be
met from the internal resources of the
Corporation; and
(b)
the sums required from the Central Government
to meet other expenses, and distinguishing
----
(i)
revenue expenditure from other expenditure;
and
(ii)
non-plan expenditure from plan expenditure.
(2)
The Annual Financial Statement shall be
prepared in such form and forwarded at
such time to the Central Government for
its approval as may be agreed to by that
Government and the Corporation.
-
Accounts
and Audit of Corporation.
(1)
The Corporation shall maintain proper accounts
and other relevant records and prepare an
annual statement of accounts in such form
and in such manner as may be prescribed.
(2)
The accounts of the Corporation shall be
audited by the Comptroller and Audio-General
of India at such intervals as may be specified
by him and any expenditure incurred in connection
with such audit shall be payable by the
Corporation to the Comptroller and Auditor-General.
(3)
The Comptroller and Auditor-General and
any person appointed by him in connection
with the audit of the accounts of the Corporation
shall have the same rights and privileges
and authority in connection with such audit
as the Comptroller and Auditor-General has
in connection with the audit of Government
accounts and, in particular, shall have
the right to demand the production of books,
accounts, connected vouchers and other documents
and papers and to inspect any of the offices
of the Corporation.
(4)
The accounts of the Corporation as certified
by the comptroller and Auditor-General of
India or any other person appointed by him
in this behalf together with the audit report
thereon shall be forwarded annually to the
Central Government and that Government shall
cause the same to be laid before each House
of Parliament.
-
Corporation
not Liable to be Taxed.
Notwithstanding
anything contained in the Income-tax Act,
1961, or any other enactment for the time
being in force relating to income-tax or
any other tax on income, profits or gains,
the Corporation shall not be liable to pay
any income-tax or any other tax in respect
of --------
(a)
any income, profit or gains, accruing
or arising out of the Fund of the Corporation
or any amount received in that Fund; and
(b)
any income, profits or gains, derived
or any amount received, by the Corporation.
Chapter
IV
Miscellaneous
-
Power
of Central Government to give directions.
(1) The Central Government
may, from time to time as and when occasion
arises, issue to the Corporation such
directions as it may think necessary in
the interests of the sovereignty, unity
and integrity of India or the security
of the State or preservation of public
order requiring it not to make a broadcast
on a matter specified in the direction
or to make a broadcast on any matter of
public importance specified in the direction.
(1) The Central Government may, from time
to time as and when occasion arises, issue
to the Corporation such directions as
it may think necessary in the interests
of the sovereignty, unity and integrity
of India or the security of the State
or preservation of public order requiring
it not to make a broadcast on a matter
specified in the direction or to make
a broadcast on any matter of public importance
specified in the direction.
(2)
Where the corporation makes a broadcast
in pursuance of the direction issued under
sub-section (1), the fact that such broadcast
has been made in pursuance of such direction
may also be announce along with such broadcast,
if the Corporation so desires.
(3)
A copy of every direction issued under sub-section
(1) shall be laid before each House of Parliament.
-
Power
of Central Government to Obtain Information.
The
Central Government may require the Corporation
to furnish such information as that Government
may consider necessary.
-
Report
to Parliament in certain matters and recommendations
as to action against the Board.
(1)
Where the Board persistently makes default
in complying with any directions issued
under section 23 or fails to supply the
information required under section 24, the
Central Government may prepare a report
thereof and lay it before each House of
Parliament for any recommendation thereof
as to any action (including supersession
of the Board) which may be taken against
the Board.
(2)
On the recommendation of the Parliament,
the President may by notification supersede
the Board for such period not exceeding
six month, as may be specified in the notification:
Provided
that before issuing the notification under
this sub-section, the President shall give
a reasonable opportunity to the Board to
show cause as to why it should not be superseded
and shall consider the explanations and
objections, if any, of the Board.
(3)
Upon the publication of the notification
under sub-section (2),----
(a)
all the Members shall, as from the date
supersession, vacate their offices as
such;
(b)
all the powers, functions and duties which
may, by or under the provision of this
Act be exercised or discharged by or on
behalf of the Board, shall until the Board
is reconstituted under this Act, be exercised
and discharged by such person or persons
as the President may direct.
(4)
On the expiration of the period of supersession
specified in the notification issued under
sub-section (2), the President may reconstitute
the Board by fresh appointments, and in
such a case any person who had vacated his
office under clause (a) of sub-section (3)
shall not be disqualified for appointment:
Provided
that the President may, at any time before
the expiration of the period of supersession,
take action under this sub-section.
(5)
The Central Government shall cause the notification
issued under-sub-section (2) and a full
report of the action taken under this section
to be laid before each House of Parliament.
-
Office
of member not to Disqualify a Member of
Parliament.
It
is hereby declared that the office of the
member of the Broadcasting Council or of
the Committee constituted under section
13 shall not disqualify its holder for being
chosen as or for being a Member of either
House of Parliament.
-
Chairman,
Members, etc., to be public servants.
The
chairman and every other Member, every officer
or other employee of the Corporation and
every member of a Committee thereof, the
President and every member of the Broadcasting
Council or every member of a Regional Council
or a Recruitment Board shall be deemed to
be a public servant within the meaning of
section 21 of the Indian Penal Code.
-
Protection
of action taken in good faith.
No
suit or other legal proceeding shall lie
against the Corporation, the Chairman or
any Member or officer or other employee
thereof or the President or a member of
the Broadcasting Council or a member of
a Regional Council or a Recruitment Board
for anything which is in good faith done
or intended to be done in pursuance of this
Act or of any rules or regulations made
thereunder.
-
Authentication
of Orders and other Instruments of Corporation.
All
orders and decisions of the Corporation
shall be authenticated by the signature
of the Chairman or any other Member authorised
by the Corporation in this behalf and all
other instruments executed by the corporation
shall be authenticated by the signature
of the Executive Member or by any officer
of the Corporation authorised by him in
this behalf.
-
Delegation
of Powers
The
Corporation may, by general or special order,
delegate to the Chairman or any other Member
or to any officer of the Corporation, subject
to such conditions and limitations, if any,
as may be specified therein, such of its
powers and duties under this Act as it may
deem fit.
-
Annual
Report.
(1)
The Corporation shall prepare once in every
calendar year, in such form and within such
times as may be prescribed, an annual report
giving a full account of its activities
(including the recommendations and suggestions
made by the Broadcasting Council and the
action taken thereon) during the previous
year and copies thereof shall be forwarded
to the Central Government and that Government
shall cause the same to be laid before each
House of Parliament.
(2)
The Broadcasting Council shall prepare once
in every calendar year, in such form and
within such time as may prescribed, an annual
report giving a full account of its activities
during the previous year and copies thereof
shall be forwarded to the Central Government
and that Government shall cause the same
to be laid before each House of Parliament.
-
Power
to make rules.
(1)
The Central Government may, by notification,
make rules for carrying out the provisions
of this Act.
(2)
In particular, and without prejudice to
generality of the foregoing power, such
rules may provide for all or any of the
following matters, namely:----
a.
the salaries and allowances and conditions
of service in respect of leave, pension
(if any), provident fund and other matters
in relation to the Whole-time Members
under sub-section (7) of section 6;
- the
allowances payable to the Chairman
and Part-time Members under sub-section
(8) of section 6;
- the
control, restrictions and conditions
subject to which the Corporation may
appoint officers and other employees
under subsection (1) of section 9;
the
manner in which and the conditions
and restrictions subject to which
a Recruitment Board may be established
under sub-section (1) of section
10;
- the
qualification and other conditions
of service of the members of a Recruitment
Board and their period of office under
sub-section (2) of section 10;
- the
terms and conditions in accordance
with which the deputation may be regulated
under sub-section (2) of section 11;
- the
salary and allowances and conditions
of service in respect of leave, pension
(if any), provident fund and other
matters in relation to the President
of the Broadcasting Council under
sub-section (5) of section 14;
- the
allowances payable to other members
of the Broadcasting Council and the
members of the Regional Councils,
under sub-section (6) of section 14;
- the
manner in which the Corporation may
invest its moneys under section 19;
- the
form and the manner in which the annual
statement of accounts shall be prepared
under sub-section (1) of section 21;
- the
form in which, and the time within
which the Corporation and the Broadcasting
Council shall prepare their annual
report under section 31;
- any
other matter which is required to
be, or may be, prescribed.
-
Power
to make regulations.
(1)
the Corporation may, by notification,
make regulations not inconsistent with
this Act and the rules made thereunder
for enabling it to perform its functions
under this Act.
(2)
Without prejudice to the generality
of the foregoing power such regulations
may provide for all or/any of the following
matters, namely -----
- the
manner in which and the purposes
for which the Corporation may associate
with itself any person under sub-section
(7) of section 3;
- the
times and places at which meetings
of Board shall be held and, the
procedure to be followed thereat,
and the quorum necessary for the
transaction of the business at a
meeting of the Board under sub-section
(1) of section 8;
- the
methods of recruitment and conditions
of service of officers and other
employees of the Corporation under
sub-section (2) of section 9;
- the
remuneration and other conditions
of service, including pension, leave
and provided fund in relation to
an officer or other employee of
the Corporation under sub-section
(4) of section 11;
- The
authority competent to make certain
appointments referred to in clause
(a) of sub-section (6) of section
11;
- the
services which may be provided by
the Corporation under clause (f)
of sub-section (3) of section 12;
- the
determination and levy of fees and
other service charges in respect
of advertisements and other programmes
under sub-section (7) of section
12;
- the
manner in which and the period within
which complaints may be made under
sub-section (2) of section 15;
- any
other matter in respect of which
provision is, in the opinion of
the Corporation, necessary for the
performance of its functions under
this Act:
Provided
that the regulations under clause (c)
or clause (d) shall be made only with
the prior approval of the Central Government.
-
Rules
and regulations to be laid before
Parliament.
Every
rule and every regulation made under
this Act shall be laid as soon as may
be after it is made, before each House
of Parliament, while it is in session
for a total period of thirty days which
may be comprised in one session or in
two or more successive sessions, and
if, before the expiry of the session
immediately following the session or
the successive session aforesaid, both
Houses agree in making any modification
in the rule or regulation, or both Houses
agree that the rule or regulation should
not be made, the rule or regulation
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 or regulation.
-
Power
to remove difficulties
If
any difficulty arises in giving effect
to provisions of this Act, the Central
Government may, by order, published
in the official Gazette, make such provisions,
not inconsistent with the provisions
of this Act, as it may deem necessary,
for the removal of the difficulty:
Provided
that no such order shall be made after
the expiry of a period of three years
from the appointed day.
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