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PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) ACT, 1990
25 OF 1990
An Act to provide for the establishment of a Broadcasting Corporation of India, to be known as Prasar Bharati, to define its composition, functions and powers and to provide for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Forty-first Year of the Republic of India as follows :-
CHAPTER 1 : PRELIMINARY
SECTION 1 : 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 3 (a) [a] 15-9-1997 Gaz. of Ind., 22-7-1997, Pt. II. S. 3 (ii),Ext., p. I (No. 408). as the Central Government may, by notification, appoint.
SECTION 2 : Definitions
In this Act, unless the context otherwise requires,- (a) "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;
(b) "appointed day" means the date appointed under (section 3) ;
(c) "broadcasting" means the dissemination of any form of communication like signs, signals, writing, pictures, images and sounds of all kinds by transmission of electromagnetic 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 variation and cognate expressions shall be construed accordingly:
(d) "Board" means the Prasar Bharati Board:
(e) "Broadcasting Council" means the Council established under (section 14) ;
(f) "Chairman" means the Chairman of the Corporation appointed under (section 4) ;
(g) "Corporation" means the Prasar Bharati (Broadcasting Corporation of India) established under (section 3) ;
(h) "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;
(i) "elected Member" means a Member elected under (section 3) ;
(j) "Executive Member" means the Executive Member appointed under (section 4) ;
(k) "kendra" means any telecasting centre with studios or transmitters or both and includes a relay station;
(l) "Member" means a Member of the Board;
(m) "Member (Finance)" means the member (Finance) appointed under (Section 4) ;
(n) "Member (Personnel)" means the Member (Personnel) appointed under (section 4) ;
(o) "Nominated member", means the Member nominated by the Union Ministry of Information and Broadcasting under (section 3) ;
(p) "Non-lapsable Fund" means the Fund created from the commercial revenues of Akashvani and Doordarshan to meet expenditure on certain schemes;
(q) "notification" means a notification published in the Official Gazette;
(r) "Part-time Member" means a Part-time Member of the Board appointed under (section 4) , but does include an ex officio Member, the Nominated member or an elected Member ;
(s) "prescribed" means prescribed by rules made under this Act;
(t) "Recruitment Board" means a board established under sub-section (1) of (section 10) ;
(u) "regulations" means regulations made by the Corporation under this Act;
(v) "station" means any broadcasting station with studios or transmitters or both and includes a relay station;
(w) "Whole-time member" means the Executive Member, Member (Finance) or member (Personnel);
(x) "year''means the financial year.
CHAPTER 2 : PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA)
SECTION 3 : 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 representation 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 employees 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 meeting 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-
(a) any vacancy in, or any defect in the constitution of, the Board or such committee; or
(b) any defect in the appointment of a person acting as a Member or a member of such committee; or
(c) any irregularity in the procedure of the Board or such committee not affecting the merits of the case.
SECTION 4 : 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-
(a) the Chairman of the Council of States, who shall be the Chairman of the Committee;
(b) the Chairman of the Press Council of India established under (S.4 of the Press Council Act, 1978)
; and
(c) 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 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.
(4) The recommendations made by the committee constituted under sub-section (1) shall be binding for the purposes of appointments under this section.
SECTION 5 : Powers and functions of Executive Member
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.
SECTION 6 : Term of office conditions of service, etc., of Chairman and other Members
3 (JK153) JK153. after sub-sec. (2),sub-sec (2-A) the shall be inserted PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) AMENDMENT ACT, 2008" 3 (JK151) JK151. Sec. 6 for sub-sec. (1), the following shall be substituted, PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) AMENDMENT ACT, 2008" (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"(1) The Chairman shall be Part-time Member and shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier: provided that any person holding office as a Chairman immediately before the commencement of the Prasar Bharati (Broadcasting Corporation of India) Amendment Act, 2008, shall, in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such Chairman and shall not be entitled to any compensation because of his ceasing to hold such office."
(2)3 (JK152) JK152. Sec. 6 in sub-sec. (2), the words "The Executive Member," shall be omitted;PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) AMENDMENT ACT, 2008" [*****], the Member (Finance) and the 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.
"(2-A) The Executive Member shall be a Whole-time Member and shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier:
Provided that any person holding office as an Executive. Member immediately before the commencement of the Prasar Bharati (Broadcasting Corporation of India) Amendment Act, 2008 shall, in so far as his appointment is inconsistent with the provisions of this sub-section, cease to hold office on such commencement as such Executive Member and shall not be entitled to any compensation because of his ceasing to hold such office."
(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 '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 terms 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.
SECTION 7 : 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 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 of 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 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
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