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THE PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) AMENDMENT ACT, 2011
(No. 6 OF 2012)
[8th January, 2012.]
An Act further to amend the Prasar Bharati (Broadcasting Corporation of India) Act, 1990.
BE it enacted by Parliament in the Sixty-second Year of the Republic of India as follows:-
Short title and commence¬ment.
1. (1) This Act may be called the Prasar Bharati (Broadcasting Corporation of India) Amendment Act, 2011.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Substitution of new sections for section 11.
2. In the Prasar Bharati (Broadcasting Corporation of India) Act, 1990 (hereinafter referred to as the principal Act), for section 11, the following sections shall be substituted, namely:-
Status of officers and employees.
‘11. (1) All officers and employees recruited for the purposes of Akashvani or Doordarshan before the appointed day and in service in the Corporation as on the 1st day of April, 2000, shall be on deemed deputation to the Corporation with effect from the 1st day of April, 2000, and shall so continue till their retirement.
(2) All officers and employees recruited during the period on or after the appointed day till the 5th day of October, 2007, shall be on deemed deputation to the Corporation with effect from the 1st day of April, 2000 or the date of their joining service in the Corporation, whichever is later and until their retirement.
Explanation-For the purposes of sub-sections (1) and (2), “officers and employees recruited” means officers and employees recruited either under the proviso to article 309 of the Constitution or in accordance with the regulations made under the Act, but shall not include persons engaged or appointed on daily wages, casual, ad hoc or work charged basis.
(3) The officers and employees referred to in sub-section (1) and sub-section (2) shall be entitled to the pay and all other benefits as admissible to an employee of the Central Government:
Provided that such officers and employees shall not be entitled to any deputation allowance.
(4) Notwithstanding anything contained in any other law for the time being in force, the Corporation shall have the disciplinary and supervisory powers and full control on the officers and employees referred to in sub-section (1) and sub-section (2), including the power to transfer them from one place, post or media to another, and to suspend, initiate disciplinary proceedings and impose major or minor penalties:
Provided that the power to impose major penalties of compulsory retirement, removal or dismissal from service shall be exercised by the Central Government.
(5) All officers and employees recruited after the 5th day of October, 2007 shall be officers and employees of the Corporation and shall be governed by such conditions of service as may be specified in the regulations.
Section 11 not to apply to certain officers and employees.
11A. (1) The provisions of section 11 shall not apply to officers and employees of the Indian Information Service, the Central Secretariat Service or any other service borne on any cadre outside Akashvani or Doordarshan, who have been working in Akashvani or Doordarshan before the appointed day or in service in the Corporation after that day.
(2) The terms and conditions of service in the Corporation of officers and employees referred to in sub-section (1) shall be such as may be prescribed.
Transfer of posts of Akashvani and Doordarshan to Corporation.
11B. (1) All posts in the erstwhile Akashvani and Doordarshan other than the posts borne on the strength of the cadres referred to in sub-section (2) shall be deemed to have been transferred to the Corporation with effect from the 1st day of April, 2000.
(2) All matters relating to the posts borne on the strength of the cadres of the Indian Information Service, the Central Secretariat Service or any other cadre outside Akashvani or Doordarshan, in so far as such posts are concerned with the Corporation, shall be determined in such manner and on such terms and conditions as may be prescribed.’.
Amendment of section 32.
3. In section 32 of the principal Act, in sub-section (2), for clause (f), the following clauses shall be substituted, namely:-
“(f) the terms and conditions of service in the Corporation of officers and employees under sub-section (2) of section 11A;
(ff) the manner and the terms and conditions subject to which matters relating to the posts borne on the strength of the cadres of the Indian Information Service, the Central Secretariat Service or any other cadre outside Akashvani or Doordarshan shall be determined under sub-section (2) of section 11B;”.
Amendment of section 33.
4. In section 33 of the principal Act, in sub-section (2),-
(i) for clause (d), the following clause shall be substituted, namely:-
“(d) the conditions of service of officers and employees under sub-section (5) of section 11;”;
(ii) clause (e) shall be omitted.
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