PreliminaryShort title, extent and commencement
1. (1) This act may be called the Prasar Bharti (Broadcasting Corporation of India) Act, 1990
(2) It extends to the whole of India.
(3) It shall come into force on such dates as the central government may, by notification, appoint.
2. In this act, unless the context otherwise requires,
Prasar Bharti (Broadcasting Corporation of India)Establishment and composition of the corporation3.
Appointment of the chairman and other members4. (1) The chairman and the other members, except the ex-officio members, the nominated members and elected members shall be appointed by the President of India on the recommendation of a committee consisting of --
(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 a 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.
Powers and functions of the executive member 5. The executive member shall be the chief executive of the corporation and shall, subject to the control and supervision of the board, exercise such powers and discharge such functions of the board as it may delegate to him. Terms of office, conditions of service, etc., of the chairman and other members6.
Removal and suspension of the chairman and members7. (1) Subject to the provisions of sub-section (3), the chairman or any other member, except and 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 Supreme 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 - (a) ceases to be a citizen of India; or
(b) is adjudged an insolvent; or
(c) engages during his term off office in any paid employment outside the duties of his office; or
(d) is convicted of any offence involving moral turpitude; or
(e) 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 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 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 of the government of India or the government of a state, 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 the board8.
Officers and other employees of the corporation9.
Establishment of recruitment boards10. (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 purpose 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 members and the elected members.
Transfer of service of existing employees to the corporation11.
Functions and powers of the corporation12. (1) Subject to the provisions of this act, it shall be the primary duty of the corporation to organise and conduct public broadcasting service 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 of 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 untouchablility 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;
(b) to establish a system for the gathering of news for radio and television;
(c) 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 service;
(d) to establish and maintain a library of libraries of radio, television and other materials;
(e) 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;
(f) to provide such other services as may be specified by regulations.
Parliamentary committee13. (1) There shall be constituted a committee consisting of 22 members of parliament, of whom 15 from the House of the People to be elected by the members thereof and seven from the Council of Stares 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 provisions 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 thereof14. (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 10 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 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 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, the broadcasting council15. (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 objective for which the corporation is established;
(ii) any person (other than an officer or employee of the corporation) claiming himself to have been treated unjustly or unfairly in any manner (including unwanted invasion of privacy, misrepresentation, distortion of 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 the 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 therefore 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.
Assets, finances and accounts Transfer of certain assets, liabilities, etc., of central government to
corporation16. As from the appointed day - (a) all property and assets (including 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 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 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 the 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 the central government17. For the purposes of enabling the corporation to discharge its functions efficiently under this act, the central government may, after due appropriation made by the 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 the corporation18. (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 shall be treated as expenditure payable out of the fund of the corporation.
Explanation - For the purposes of this section 'nationalised bank' means a corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertaking) 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 moneys19. The corporation may invest its money in the securities of the central government or any state government or in such other manner as may prescribed.
Annual financial statement of the corporation20. (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 the corporation21. (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 controller and auditor-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 controller and auditor-general. (3) The controller 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 controller 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 controller 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 taxed22. Not withstanding 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, profits 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.
MiscellaneousPower of central government to give directions23. (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 announced 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 information24. 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 board25. (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 super session 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 months, 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 of super session, 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 super session 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 super session, 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 parliament26. 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 member of either of parliament.
Chairman, members, etc., to be public servants27. The chairman and every other member, every officer or other employee of the corporation and every member of the committee thereof, the president and every member of the broadcasting council or every member of the 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 taken against good faith28. No suit or other legal proceeding shall lie against the corporation, the chairman or any other member or officer or other employee thereof 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 on pursuance of this act or of any ruled or regulations made there under.
Authentication of orders and other instruments of the corporation29. 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 powers30. 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 report31. (1) The corporation shall prepare once in every calendar year, in such form and within such time 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 every calendar year, in such form and within such time as be prescribed, an annual report giving a full account of its activities during the previous year and copied 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 rules32. (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;
(b) the allowances payable to the chairman and part-time members under sub-section (8) of section 6;
(c) the control, restrictions and conditions subject to which the corporation may appoint officers and other employees under sub-section (1) of section 9;
(d) 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;
(e) the qualifications and other conditions of service of the members of a recruitment board and their period of office under sub-section (2) of section 10;
(f) the terms and conditions in accordance with which the deputation may be regulated under sub-section (2) of section 11;
(g) the salary and allowanced 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;
(h) the allowances payable to other members of the broadcasting council and the members of the regional councils, under sub-section (6) of section 14;
(i) the manner in which the corporation may invest its moneys under section 19;
(j) the form and the manner in which the annual statement of accounts shall be prepared under sub-section (1) of section 21;
(k) the form in which, and the time within which, the corporation and the broadcasting council shall prepare their annual report under section 31;
(l) any other matter which is required to be, or may be, prescribed.
Power to make regulations33. (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.