The Prasar Bharati (Broadcasting Corporation of India) Amendment Second Ordinance, 1997

. : . I 1 • .. '· 11. 'it.1{a.-33004 / 97 .. ~GISTERED NO. DL-33004/97 .. . "(io66] • No. 661 ' . - • 3ltil't.11(Uf ORDINARY - 'TI'T 0--ug t PART D-Section 1 JIINcfil( 1' !lcfirftid PUBLISHED BY AUTHORITY ~ ~ff(}, ~sfiql(, 1(ij&.;f( 26, 1997 I ~ S, 1919 NEW DELHI, FRil>AY, DECEMBER 26, 1997 / PAUSA S, 1919 1 t M • a ~ 'lPI ~ f\1w 1Jlo ~, ~-- f\¼I~~ ~~ 31'111 tjq,'11 ct,-""'~~~ ff, Separate paging is given to this Part in order that it may be tiled as a separate compilation. • -MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 26th Deceniber, 1991/PausaS, 1919(Saka) . THE PRASAR BHARAT! (BROADCASTING CORPORATION OF • • i- INDIA) AMENDMENT SECOND ORDINANCE, 1997 " .. . • : ; ' . , .. (· ~ .. . · ... •' . ' ' ' ' ., . . . ·. ' ,. ·--~ ' .. ·r ·. .. No. 29 OF 1997 Promulgated by the President in the Forty-eighth Year of the Republic of India. An Ordinance·to amend the Prasar Bharati (Broadcasting Cotp0ration of India) Act, 1990. • • • WHEREAS the Prasar Bharati (Broadcasting Corporation of India) Amendment Ordinance, 1997 was promulgated by the President on the 29th day of October, 1997; AND WHEREAS the House of the People has bce11 dissolved and a Bill to replace the said Ordinance could not be introduced in ·the House of the People; AND WHEREAS the Council of States is not in session and the President is satisfied that circumstances exist which render it necessary fo~ him to take immediate action to give continued effect to the provisions of the said Ordinance: •. Now THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: 1. (/) This Ordinance may be called the Prasar Bharati (Broadcasting Corporation of India) Amendment Second Ordinance, 1997. - (2) It shall deemed to have come into force on the 29th day of October, 1997 • Short title and com~ mencemenr. ·. . : • -· - • .,. -~•-•,. '•-•HJ•---'·•·.r,-,,,-\.• -.~ .. -..~;,.~~ :,,;o:,;.).,. ...... -,\~..,. .,.,..,...,.,.:;,_)(';:J.,.; ~ -··! ~.l;W:,..•[J.:~t">!',,,~'- .~ Substitution of new section ror section 2. ...... Definitions. '. "' , 2 THE GAZE'rIE OF INDIA EXTRAORDINARY, (PART 11- 7lf7 I 2. For section· 2 of the Prasar Bharati (Bro,1dcasting _Corpor~tion of India) Act, 199() 25 of (hereinafter referred to as the principal Act), the following sectJon shaJI be substituted,· namelv:·- •2.In this Act, -unless the context otherwise requires, (a) .. Akashvani" means the offices, statior1s an~ other establishments, by whatever name called, which, immediately before the appoint~d da~, ~onned part of or were under the Director-General, All India Radio of the Union M1n1stry of Infonnation and Broadcasting; (b) "appointed day" means the date appointed under section 3; (c) 0 Board" means the Prasar Bharati Board; (d) "broadcasting" means broadcasting by the Prasar Bharati; (e) "Chainnan., means the Chairman of the Corporation appointed under section 4; (/J 11Corporation" means the Prasar Bharati (Broadcasting Corporation of India) established under section 3; (g) .,Doordarshan,. n1eans the offices, kcndras and other establishments, by whatever name called, which immediately bef t>rc tl1c appointed day, formed part of or were under the Directorate-General, Doordarshan of the Union Ministry oflnfor111atior1 and Broadcasting; (h) "elected Mernber0 means a Me1nber elected under section 3; (i) "Executive Member" means the Executive Member appointed under section 4; (J) "kendra .. means any telecasting centre with stucfios or transmitters or both and includes a relay station; (k) "Member" means a Member of the Board; (l) "Nominated Member" means the Member nominated by the Uniqn Ministry of Infor-mation and Broadcasting under section 3; (m) "Non-lapsab1e Fund" means the F.und created from the commercial revenues of Akashvani and Doordarsl1an to meet expenditure on certain schemes; (n) "notification" means a notification published in the Official Gazette; (o) "Part-time Member" means a Part~time Mcn1her of the Board appointed under section 4, but does not inc)ude an ex o.Qicio Member, the Nominated Member or an elected Member; (p) "prescribed" means prescribed by rules made under this Act; (q) "Recruitment Bo~d" means a board established under sub-section (J) of section 10; (r);"regulations" means regulations made by the Corporation under this Act; (s) "station" means at)y broadcasting station with studios or transmitters or both and includes a relay station; .. I ' ' ' ., i ' ' ' ' •: . . .; . I. .. .,. f ' ,. ' r . I ' . ' '· • ~: ' ; ' ' -·. .. ' .. > '· : ,. ' - . 11 THE GAZE"1·1 E OF INDIA EXTR SS:· AORDINARY (t) 11year'' means the financial year.'~ 3. In section 3 of th~ principal Act,- 3 (a) for sub-section (5), the following sub- . section sllall be substituted, namely:·- ''(5) The Board shall consist ot· _ • (a) a Chairman· " • (b) one Executive Member· ' ( c) six Pan ... time Members; (d) Executive Director (Finance), ex officio: (e) Executive Director (Personnel), ex officio; (J) Director-General (Akashvani), ex officio; (g) Director-General (Doordarshan), ex officio; • (/z) one representative of the Union Ministry of Infor1nation 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 shal I be elected by the other employees from amongst themselves.". ' (b) in sub-section (6), the proviso shall be omitted. 4. In section 4 of the principal Act, for sub-section (3), the following sub-section shall be substituted, namely:- ''(3) The Chai11i1an 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 n1atters as administration, managen1ent, broadcasting, education, literature, culture, arts, music, dramatics or journalism.''. 5. For section 6 of the principal Act, the following section shall be substituted, namely:- ' ''6.(1) The Chrunnan s·hall be a Part-ti1ne Member and sha11 hold office for a ter1n of six years from the date on which he enters upon his ot'tice. • (2) The Executive Mernber sl1all be a Whole-time Member and shall hold office for·a term of six years from the date on which he enters upon his office. • (3) The term of office of the Part-ti111c Members shall be six years. ( 4) The terin of ofticc of an elected Member shall be six years o_r till he ceases to be an employee of the Corporation, whicl1ever is earlier. _ (5) The Executive Me111ber shall be an employee of the Corporatio~ and as such shall be entitled to such salaries and a11ow,tnccs ,1nd shall be subJect to such ~onditions of service in respecl of leave, pension (if any), provident fund and other matters as may be prescribed. • • Amend1nent of section 3 . Amendment of section 4. • Substitution of new section for section 6. Term of office. conditions, of service, etc, of Chairman and other Members. I . i ' • • Amendment of section 7. • 4 • THE GAZB"l"f'E OF INDIA EXTRAORDINARY [PART 11- (6) The Cltairman shall be entitled to such allowances, honorarium and such other facilities as may be prescribed. (7) Part-time Members shall be entitled to such allowances as may be prescribed. (8) The Chainnan, the Executive Member and other Members except ex officio Members shall not be eligible for re.appointment. (9) No person having any commercial interest, direct or indirect, in any broadcasting, advertising or prc>gran1n1c produ..:ing agency shall be eligible for appointment as a Chairman, Executi vc Member or Part-time Member.''. 6. In section 7 of the principal Act,- (a) for sub-section (3), the following sub-section shall be substituted, namely:­ "(3) Notwithstanding anything contained in sub-section(/), the President may, by order, remove the Cl1airman, Executive Member or any Part-time Member from his office if such Chairman, Executive Member or such Part-time Member~ (a) ceases to be a citizen of India; or (b) is adjudged an insolvent; or (c) is convicted of any offence involving moral turpitude; or (d) is, in the opinion of the President, unfit to continue in office by reason of infi1111 i ty of body or n1 ind: . Provided that the President may, by order, remove the Chairman from liis office if he engages during his tem1 of office in any paid employment outside the duties of his office.''; . . (b) in sub-section (4), for the words ''any Whole-time Member, except any ex-officio Member, the Nominated Member or any elected Member," the words ''the Executive Member'' shall be substituted. • Amendment 7. In section 9 of the principal Act, in sub-section (1), after the words and brackets of section 9• ''the Director-General (Doordarshan)0 , the words and brackets, ''tl1e Executive Director , (Finance), the Executive Director (Personnel)" shall be inserted. • Amend1nent 8. In section 10 ot· the principal Act. for sub-section (/), the following sub-section of section 10. shall be substituted, namely:·- . "(/) 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: Provided that the Uni<>n Public Service Commission shall continue to discharge its functions relating t<) recruitment of officers and employees of the Corporation \Vhich was being discharged immediately bet·ore the appointed day till the recruitment Board is constituted tor such categories of of~ticers i1nd employees of the Corporation.•• . • . , .. . --· ........ , -~-.. ...... ..., ... ... ,:~-.,..:.. "\-.._. ··-.......... ,, ... ~ .. : ·.-.. '"". . ., ' . . ' ;. • / . • i ' ' ! l ! I • : ' ·l • 1 ' J 1 . ' ! ' ' ·. i 1 ' • ' i . l ' ' 1 i ' I i ! THE GAZE'ITE OF INDIA EXTRAORDINARY s 9. In section 11 of the principal Act,- (a) for sub-section (2), the following sub se t' h 11 b . - c ton s a e substituted namely:- . ' "(2) the provisions of sub-section (/) shall not apply to any of the officers or employees .not borne on the cadres of Akashvani and Doordarshan: Provided that offi~ers from the Indian Information Service, Central Secretariat Service, Central Secretanat Stenographers' Service, Central Secretariat Clerical Service borne on the cadre of the Ministry of Information and Broadcasting. equal in number of their cadre posts borne on the strength of Akashvani and Doordarshan immediately before the appointed day may be absorbed by the Corporation after following such procedure as may be prescribed: Provided further that the members of Indian Information Service and other services working in Akashvani and Doordarshan immediately before the appointed day and not borne on the cadres of Akashvani and Doordarshan shall be deemed to be on deputation on such tenns and conditions and till such time as may be finalised by the Corporation in consultation with the respective cadre controlling authorities."; (b) in sub-section (5). the third provis.° shall be omitted. 10. In section 12 of the principal Act,- Amendment of section 1 1. Amendment (a) for sub-section(}), the following sub-section shall be substituted, namely:- of section 12. • "(J) Subject to the provisions of this Act, it shall be the primary duty of the Corporation to organise and conduct public service broadcasting to inform, educate and entertain the public."; (b) in sub-section (2), in clause (n), for the words "broadcast fr~quenc~es available", the words "broadcasting frequencies made available for public service broadcasting" shall be substituted; . (c) in sub-section (3), in clause (c), the_ ":ords "and to es~abli~h procedure_s fo~ the allocation of such programmes, rights or pnv1leges to the services, shall be orrutted, (ti) for sub-section (5), the following sub-section shall be substituted, namely:- • "(5) In order to achieve its objectives, the Corporation inay formul~te its - d advertisement codes fix such limits on broadcastmg of own programme an ' • • ad • . . 'dered necessary to ensure that adequate lime 1s m e adverusements as cons, . availabl~ for the promotion of the objectives of the Prasar Bharat,. Ex l • For the removal of doubts, it is hereby declared that the p anattond.-rt. ment codes or limits on broadcasting of advertisement Programme and a ve tse d d · t . . • d not in derogation of any programme an a vert1semen shall be m ~d~1t1on tob an dcastinu of advertisements specified by or under any codes or lrquts on roa 9. other law fot the time being in force."; (e) in sub-sec.tion (7),- (,) the word "service" shall be omitted; (ji) the proviso shall be omitted. .. ,. • ' .• . .. •• ,. . -· • : ... • • f •' ... ' ' .. . . ·'. f .. / ., ,. .. . :,: . . . · . . ' ,· ' • '· . . ' ..... . .... . • • Omm1ss1011 of sections 13 to 15. Amend­ ment of section 16. • Subslilu­ tion of new section for section 25. Report to Parliament • • an certain matters and recommen­ dations as to action against the Board. • ' • 6 u F '. • ' ... . 15 f the principal Act shall be omitted. 11.Sect1ons 13 to 0 • 16 f the principal Act, for clause (a), the following clauses shall be 12. In section ° substituted, namely: 11 rty and assets which immediately before that day vested in th ''(a) 8 propet 'or the pu.rpose of Akashvani or Doordarshan or both shall slande Central Govcmmen • 1 f . d th Corporation on perpetual lease on payment o a nominal fee of flln,i, ... transferre to e ~ one per annum. (aa) the Non-lapsable Fund which immed~ately before that day vested in the Central Government for the purpose of Akashvan1 or Doordarshan or both shal] stand . ,, transferred to the Corporation .. 13. For section 25 of the principal Act, the following section shall be substituted, namely:.- ''25. (I) Where the Board persistently makes default in complying with any directions issued under section 23 or fails to supply the inforrnation required under section 24, the Central Government shall give a reasonable oppo~unity to the Board to show cause as to why it should not be superseded and shall consider the objections, if any, of the Board. (2) The Central Government after considering the objections, if any, of the Board, may propose to supersede the Board and if it so proposes, shall prepare a report and lay it before each House of Parliament while it is in session for a total period of thiny days which may be co1nprised in one session or in two or more successive sessions . • (3) If, before the expiry of the session immediately following the session or the successive sessions referred in sub-section (2), both Houses agree to supersede the Board, the President may by notification _supersede the Board for such period not exceeding six months, as may be specified in the notification . (4) Upon the publication of the notification under sub-section (3),.- (a) all the Members shall, as from the date of supersession, vacate their offices as such; (h) all the powers, functions and duties which 1nay, by or under the provisions 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. . (5) On the expiration of the period of supersession specified in the i:iotification issue~ under sub-~ection (3), the President may reconstitute the Board by fresh appointments, and 1n such a case any person who had vacated his office under clause (a) of sub-section (4) shall not be disqualified for appointment: • . . ,,. 4s of 1860, THE GAZErra OF INDIA EXTRAORDINARY 7 ( 6) The Central Government shall cause the . fi . . . • d f 11 f h . notJ 1cation issued under sub-section (3) an a u report o t e action taken under th' · . • of Parliament.". is section to be laid before each House 14. Section 26 of the principal Act shall be omitted. tS. For sections 27 and 28 of the principal Act the 1: II • · h 11 be d 1 , 10 owing sections s a substitute , name y:- "27 • ~e Chainnan and every other Member, every officer or other employee of the C~rporat10n and every member of a committee thereof, and every member of a Recruitment Board shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. 28. No suit or other legal proceeding shall lie against the corporation, the Chairman or any Member or officer or other employee thereof or a member of 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.". 16. For section 31 of principal Act, the following section shall be substituted, namely:- "31. The Corporation shall prepare once in every year, in such form and within such time as may be 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". 17. In section 32 of the principal Act, in sub-section (2),- (i) ii:t clause (a), for the words, brackets and figures "Whole-time Members under sub-section (7) of section 6'', the words, brackets and figures "Executive Member under sub-section (5) of section 6" shall be substituted; (i1) for clause (b), the following clauses shall be substituted, namely:- "(b) the allowances payable to and facilities admissible to the Chairman under sub-section (6) of section 6; (ba) the allowances payable to the Part-time Members under sub-section (7) of section 6;"; (ii,) for clause(/), tlie following clause shall be substituted, namely:- Omission of section 26. Substitution of new sections for sections 27 and 28. Chairman, Members, etc .. to be public servants. Protection of action taken in good faith. Substitution of new section for section 31. Annual report. Amendment of section 32. "(/) the procedure for absorption of officers under sub-section (2) of section 11;"; (iv) clauses (g) and (h) shall be omitted; (v) clauses (i), (J), (k) and (l) shall be re-lettered as clauses (g), (h), (i) and (J); (vr) for the clause (i) so re-lettered, the following clause shall be substituted, namely:- " "(i) the fom1 in which, and the time within which, the Corporation shall prepare its annual report under section 31.". . - Amead11M:nt of tcaiora 33. Repeal ud • IIVlng. • I 8 fflE GAZE°l'l'E OF INDIA EXTRAORDINARY (PART II-SEC. I] 18. In section 33 of the principal Act, in sub .. section (2). clause (h) shall be omitted and clause (i) shall be re-lettered as clause (h). 19. (/) The Prasar Bharati (Broad~ting Corporation of India) Amendment Ordinance ' 1997 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act. as amended by the Ordinance so repealed, shall be deemed to nave been done or taken under the principal Act as amended by this Ordinance. • .. CO .. : .. .a'" ' ' i • K.R. NARA YANAN ' President. K. L. MOHANPURIA t Sec;,_ to the Govt. of India. ' • . . . In~ Representation of t_he People (Amendment) Ordinance, 1997 (Ord. 23 of 1997 published In the Gazette of India, Extraordinary, Part II. Section l, dated the 23rd O ) as 1997 (Issue No. 60), al page 2, in line 13, for "vided" • read"provided". ecember, • • • 7 ' I & • PRfN'IE> BY THE MANAO • I ER GOVERNMENT OF INDIA PRr..SS ( ) I rn I I I I PUBLISHED BY llfE CONTROL1£R F PLU , MINTO ROAD, NEW DELHI ANO () PUBLICATIONS, DELHI-) 997. . . . . . - - ·• - ------·~····· --- ·- ' • ~> • ,. , • ,, • . . . . . . . . . . . . . . . . . ' . • . ... . . . . Ord. 22 1997 •• • •