The Prasar Bharati (Broadcasting Corporation of India) Act, 1990
Administered Ministry: Ministry of Information and Broadcasting
Section
Section 19 Investment of moneys. 1 docs
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.
Section 20 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.
(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.
Section 21 Accounts and audit of Corporation. 1 docs
(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 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 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.
(2) The accounts of the Corporation shall be audited by the Comptroller 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 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.
Section 22 [Omitted.].
[Corporation not liable to be taxed.] Omitted by Act 20 of 2002, s. 163 (w.e.f.1-4-2003).
Section 23 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.
(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.
(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.
Section 24 Power of Central Government to obtain information.
The Central Government may require the Corporation to furnish such information as that Government may consider necessary.
Section 25 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 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 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.
(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.
(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 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.
(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.
Section 26 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.
Section 27 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(45 of 1860).
Section 28 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 on regulations made thereunder.
Section 29 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.
Section 30 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.
Section 31 Annual report.
(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 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 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 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.
Section 32 Power to make rules. 9 docs
(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the 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;
1[(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;]
(g) 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;
(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.
(2) In particular, and without prejudice to the 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;
1[(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;]
(g) 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;
(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.
1 Subs. by Act 6 of 2012, s. 3, for clause (f) (w.e.f. 8-3-2012).
Section 33 Power to make regulations. 35 docs
(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:--
(a) the manner in which and the purposes for which the Corporation may associate with itself any person under sub-section (7) of section 3;
(b) the times and places at which meetings of the 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;
(c) the methods of recruitment and conditions of service of officers and other employees of the Corporation under sub-section (2) of section 9;
1[(d) the conditions of service of officers and employees under sub-section (5) of section 11;]
2* * * * *
(f) the services which may be provided by the Corporation under clause (f) of sub-section (3) of section 12;
(g) the determination and levy of fees and other service charges in respect of advertisements and other programmes under sub-section (7) of section 12;
(h) the manner in which and the period within which complaints may be made under sub-section (2) of section 15;
(i) 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.
(2) Without prejudice to the generality of the foregoing power such regulations may provide for all or any of the following matters, namely:--
(a) the manner in which and the purposes for which the Corporation may associate with itself any person under sub-section (7) of section 3;
(b) the times and places at which meetings of the 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;
(c) the methods of recruitment and conditions of service of officers and other employees of the Corporation under sub-section (2) of section 9;
1[(d) the conditions of service of officers and employees under sub-section (5) of section 11;]
2* * * * *
(f) the services which may be provided by the Corporation under clause (f) of sub-section (3) of section 12;
(g) the determination and levy of fees and other service charges in respect of advertisements and other programmes under sub-section (7) of section 12;
(h) the manner in which and the period within which complaints may be made under sub-section (2) of section 15;
(i) 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.
1. Subs. by Act 6 of 2012, s. 4, for clause (d) (w.e.f. 8-3-2012).
2. Clause (e) omitted by s. 4, ibid. (w.e.f. 8-3-2012).
2. Clause (e) omitted by s. 4, ibid. (w.e.f. 8-3-2012).
Section 34 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 sessions 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.
Section 35 Power to remove difficulties. 1 docs
If any difficulty arises in giving effect to the 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.
Provided that no such order shall be made after the expiry of a period of three years from the appointed day.