 india) blll, 1979 arrangement of clauses chapter i preliminaryclausj:s 1 short title, extent and commencement 2 definitions  chapi'er ii broadcasting corporation of india3 establishment and constitution of corporation 4 chairman 5 director general 6 term of oftice, conditions of service, etc, ot members , ,  7 removal and suspension of chairman or other non-ofticial -members from office in certain circumstances 8 meetings of corporation 9 ofticers and other employees ot corporation 1{) establishment of recruitment board 11 transfer of service of existing employees to corporation 12 functions of corporation 13 establishment of complaints board 14 jurisdiction of, and procedure to be followed by, the complaints board 15 powers of complaints board  chapter massets, finances and accounts 16 transter of certain assets, liabilities, etc, of central government to corporation 17 grants by central government 18 fund of corporation 19 investment of moneys 20 budget of corporation 21 accounts and audit of corporation 22 corporation not liable to be taxed  clal1sj:s23 power of central government to give directions 24 chairman, members, etc, to be public servants 25 protection of action taken in good faith 26 authentication of orders and other instruments of corporation 27 delegation of powers 28 annual report 29 power to make rules so, power to make regulations 31 rules and regulations to be laid before parliament 12 power to remove difbculties  the prasar bharati (broadcasting corporation of india) bill, 1979 a billto provide for the establishment of a broadcasting corporatioft far india, to be known as prasar bharati, to defime its compo~ functions and pc:nvers and to provide for matters connected therewith (r' incidentgl thereto be it enacted by parliament in the thirtieth year of the republic of india as follows:- chapter i preliminarys 1 (1) this act may be called the prasar bhuati (broadcasting short tiu, corporation of india) act, 1979 extent and com-(2) it extends to the whole of india mence-(3) it shall come into force on such date as the central government rnenl may, by notification in the official gazette, appoint 10 z in this act, unless the context otherwise requires,-defidltiozll (a) "akashvani" means the offices, stations and other establishments, by whatever name called, which immediately before the appointed day form part of or are under the directorate general, all india radio, of the union ministry of information and broad-is casting; (b) "appointed day" means the date appointed under section 3; (c) "broadcasting" means the dissemination of any form of communication by the wireless transmission of writing atgna  , •• s:i signals, pictures, images and sounds of all kinds by means ot hertzian waves intended to be received by the public either directly or through the medium of relay stations and all its grammat1cal variations and ct:>gnate expressions shall be construed accordingly; (d) "chairman" meana the chairman of the corporation appoint-5 ed under section 4; (e) "complaints board" means the board established under section 13; (j') "corporation" means the prasar bharati (broadcastine corporation of india) established under section 3; 10 (g) "director general" means the director general of the corporation aappointed und~r section 5; (h) "doordarshan" means the offices, kendras and other establishments, by whatever name called, which immediately before the appointed day form part of or are under the directorate general, is (i) "kendra" means any telecasting centre with atudio or transmitters or both and includes a relay station; (j) "member" means a member of the corporation; (k) ''non-iapsable fund" means the fund created from the com-~al revtmuesof akaahvani and doordarahan  to moet upendi- 20 ture on certain schemes; (1) "non-ofticial member" means a member appointed under clause (b) of sub-section (4) of section 3; (m) "notification" means a notification published in the official \ gazette; 25 , (n) "prescribed" means prescribed by rules made under thia act; (0) "recruitment board" means a hoard established under 1ilbsection (1) of section 10; (p) "regulations" means regulations made under thia act; 30 (q) "renewal and replacement fund" means the fund created out of the consolidated fund of india to replace the capital equipment of akashvani and doordarahan in a phased manner; (r) "station" means any broadcasting station with tucli~ 01' transmitters or both and includes a relay station; 3s (8) "year" means the financial year  chapter n prasar bharati broadcasl'ing corporation of bmia)3 (1) with effect from such date as the central government iqy by notification, appoint in this behalf, there' shall be establls~ecl for the 40 purpomll ei ~ a" ~ corporation to be known as the pi'jiiiiu' bbaratl ,(iiij1oia~ cgrporati- of india) i establilllment ud composition of coii'icid-uon (2) the 'corporation shall be a body corporate by the name afo~id, having perpetull succession and a common seal with power to acquire, hold and dispose cd property, both movable and immovable, and to con- 45 tract 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 offtces, kendru or tationa at other plac8i ul india and wjth the previous approval of the outside india i (if) tile corperadoa shall coilsist ef the fouowiac jdeiiihrs, namely:- \ s (a) the chairman; (b) dot mol'e than el8¥ea uui dot _5 tban seven  '-oikial members, to be appointed by the president irom amonpt pe1'soaa of eminence in public life or persods having pedal knowledce or pradi  cal experiedc'e in respect of such matters as education, uterature, cui  10 tore, arts, music, dramatics, journalism, administration, maaacement and teehaieal and 1epi aspects of broiatieastidc; (c) the secretary, union ministry in charge 01 finadee,- or if there are djoi'e iiiieh secretarielltlaau loile, tudl 9iie of them u may be appoijateli ill tltia behaii by itbe central government, ex otilcto; is (d) the 8ed'etary, union ministry in charp of information and broadcasting or, if there are more such secretaries than ode, such one of them as may be appointed in thia behalf by tbe cedtral government, ex officio; (e) the director general 20 (5) the corporation may appoint such committees u may be ~ sary for the efficient performance, exercise and discharge of its functiona, p()wers and duties: provided that all or a majority of the members of each such committee shall be members of the corporation and a member of any such 25 committee who is not a member of the corporation shall have odly the right to attend the meetings of the committee and take part in the proceedings thereof, but shall not have the right to yote (6) the corporation may associate with itaelf in such manner and tol' such purposes as may be prescribed any persons whose aaswtance or advjce it may need in complying with any o£ the provisions of this 30 act and a person so associated shall have the right to take part in the d1scu3sions of the corporation relevant to the purposes for which he hu been associated, but shall not have the right to vote (7) no act or proceeding of the corporation or of any committee 35 appointed by it under sub-section (5) shall be invalidated merely by reason of--<a) any vacancy in, or any defect in, the constitution of the corporation or such committee; or (b) any defect in the appointment of a person acting as - member of the corporation or such committee; or 40 (c) any irregularity in the procedure of the corporation or such committee not affectifli the meriq of the cale j (1) the chairman of the corporation shall be appointed b, twt president after consultation with the speaker of the house of the people and the chairman of the council of states and the selection of a person for the purpose shall be based primarily on consideration of his eminence in public life and distinctiod in matters luch u education, lite 5 nture, culture, arts, music, dramatics, journahsm, administration, management, and technical and legal aspeets of broadcastiol (2) the chairman shall perform, exercise and discharge such functions, powers and duties of the corporation as the corporation may deleeate to him 10 5 (1) the director general of the corporation shall be appointed by the presidedt after consultation with the chairman director general (2) the director general ihall exercise and discharge such powers and dutles of the corporation as the cbrporation may delegate to him term of ojbce c:onditiona of ervice  ofmemben 6 (1) every member [other than an ex officio member referred to in clause (c) or clause (d) of sub-section (4) of section 3] shall, subject to 15 the other provisions of thii act, hold office for a term of five years from the date on which he enterit upon hia office (2) the chairman and the director general shall be whole-time membe-ra and the other memberit &hall be part-time membera 20 (3) the chairman and the director general hall be ,titled;'to luch jujbties and allowances and such conditions qf aervice in respect of leave, pension (if any), provident fund and other matters u may be pretlocribed (4) the allowances payable to and other conditioda of aervice of the 25 non-ofticial member hall be such /bs may be prescribed (5) where before the expiry of the term of office of a person holding the o1bce of chairman, director general or a non-official member, a vacancy arises, for any reason whatsoever, such vacancy shall be deemed to be a casual vacancy and the person appointed to fill such vacancy shall 30 hold office for the unexpired period, of the term for which his predecessor in oftlce would have held office if such vacancy had not arisen 7 (1) subject to the provisions of sub-section (3), the chairman shall only be removed from his office by order of the president on the ground of misbehaviour after the supreme court, on a 35 reference being made to it by the president, has, on inquiry held in accordance with such procedure as the supreme court may by rulel provide, reported that the chairman ought, on any such ground, be removed (2) the president may, after obtaining the approval  of the 40 supreme court, suspend from office the chairman in respect of whom a reference has been made to the supreme coljrt ror inquiry under subsection (1), pen dine luch inquiry removal and supen sian of chairman oroth  nono1ilcial member from odbceln certain circum-tanc- (3) notwithstanding anything contained in sub-section (1), the president may, by order, remove the chairman from office if the chair- 45 man,-(4) is adjudeed an insolvent; or (b) enlales durinl hil term of office in any paid employment outaide the dutiell of hia oftlce; or (c) is in the opinion of the president, unfit to continue in ofbce by reason of infirmity of mind or body (4) if the chairman is or becomes in any way concerned or inter- ested in any contract or agreement made by or on behalf of the corpora-5 ti("n or the government of india or the government of a state or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member, and in common with the other members, of an incorporated company, he shall, for the purpose of sub-section (1), be deemed to be guilty of misbehaviour 10 (5) the president may, with the concurrence of the chainnan, remove from office any non-offlcial member, who-(a) is adjudged an insolvent; or '(b) is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body; or (e) is guilty of misbehaviour, 15 explanatiott-for the purposes of clause (c), the provisions of subsection (4) shall apply in reolatfon to a non-offtcial member as they apply in relation to the chairman, (6) the chairman or anv non-offtcial member mav resign his oftlce 20 by giving notice thereof in writing to the president and qn such resignation being accepted, the chairman or such member shall be deemed to have vacated the oftice 8 (1') the corporation !o!hall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business 25 at its meetings (includfng the quorum at meetings) as may be pro~de~ hy regulations: provided that there shal1 not be less than six meetings every year but three months shall not intervene between one meeting and the next meeting, 30 on the chairman shall presfde at the mpetings of the corporat;on and if for anv reason he is unable to attend any meeting, any other member elected by the members present at such meeting, shall preside at,    35 ration· and voting his absence, the person casting vote omcen and other employeel of corpora tion t (1) subject to such control, restrictions and conditions as mav be 40 prescribed, the corporation may appoint, after consultation with the recruitment board such officers and other employees as may be necessary for the eftlclent performance of its functfons m the methoch of reemltment of such ofiieen lind emdioyees dd all other matters conneeted therewith and the conditions of semce of 45 sum otbceft and other employees !iihall be sudt as may ~ ~~~" regalatfona  ,' , :  :' rtabllahment of recruitment board te (1) the corporation shall, as soon a5 may be, after the appointed day and in such manner and au bject to such conditions and restrictiolll as may be presopbed, establish for the purposes of section 9, one or more boards to be known as the recruitment board or, as the case may be, recruitment boards, consisting wholly of persons other than members, oftlcen and other employees of the corporation (l) the quallfteations and other lcondltiom of service of the members eoftstituting the reeruitment board, the period for which such members shah hold oiilee slad he s1i£h as ~ lie preserfbed traqafer ofaernee of existin& emplo-7eea to corporation 11 (1) where the central government ha eeaeed or eeues to per- 10 form any functions whieh under section 12 are the fanctions 01 the corporalton, it shall be lawful for the central government to transfer, bv order and with effect from meh date lor dates as may 'be specified in the ener, to the cerporattoa any of the otiieen or other employees' serving in the akashvdi or deerhrm-  ~geci ir the jmfi'form- 15 anee of those functions: provided that no order under this sub-m!etion shan be made in relation to ally ofilcer or other employee tn the -aka~ltvanj 01' doordanhan who has, in 1'espeet of the proposal of the central government in tran fer lliuch otrcer or other employee to tbe corporation, intimated within 20 met time lis iiiily be spec!1fted in tm~ behalf by the central goyernment, his littentien of not ~oiiliftg  e1flployee of tbtl corporation (z) in makin~ an order under sub-section (1) the c(>nt1'al government shall, as far as may be take into consideration the functions whfch the akashvani or, as the case mav be doordarsban bas ce3bed 25 m" cease; to petfonn and the area in which such functions have been or lil"e ~rmed (3) an omcer or other employee transferred by an order under subliiection (1) shan on and from the date of t1'ansfer cease to be an employee of the central government and become an emp10vee of the 30 corporation with such de!':i£mation 'is the corporation may determine and shall, subject to the provisions of sub-section ·(5), (6) and (7) be governed by such regulations as may be made as respects remuneration and other conditions of service inclmiing pension leave and provident fund and shall continue to be an officer or other employee of the 3s corporation unless and until his employment is terminated by the corporation (4) nothing contained in sub-section (1) sball awly to the members of the cent1'al secretariat service, central information service or any (lther service or to persons borne on cadres outside akmhvanf and 40 doordarshan or to person!': wor~ing· on deputation in akashvani or doordarshan from any other ministry or department of the central government or' from any state government or from any organisation (5) every officer or other employee tran9ferred by an order made ,  under s'ub-section (1)sha1i, within six months from the ute of transfer, 4s pxercise his option in writing to be governed,-, (a) by the scale of pay applicable to the post held by him in  the akashvani or doordarshan immediately before the date of transfer or by the scale applicable to the post under the corporation to which he is transferred; (b) by the leave, provident fund, retirement or other termidal ~ql1ta adlnijaible to employees of the central government in 5 acco~(ulce with the rules or orders of the central government,  amended from time to time, or the leave, provident fund, or other terminal benefits admissible to the employees of the corporation under th regulations, and sueh option once exercised under this act shall be final: provided that the option exercised under clause (a) by an o1llcer or other employee shall be applicable only in respect of the post under the 10 corporation to which such officer or other employee is transferred and on appointment to a higher post under the corporation he shall be eligible only for the scale of pay apaplicable to such highr post: provided further that if immediately before the date of his transfer any such officer or other employee is officiating in higher post under is the government either in a leave vacancy or any other vacancy of a specified duration, his pay on transfer, shall be protected for the unexpired period of such vacancy and thereafter he shall be entitled to the scale of pay applicable to the post under the government to which he _ would have reverted or to the scale of pay applicable to the post 20 under the corporation to which he is transferred, whichever he may opt: provided also that when an officer or other employee serving in the union ministry of information and broadcasting or in any of its attached or ~ljbordinate offices is promoted to officiate in a higher post in the ministry or office subsequent to the transfer to the corpor;ation of any 25 other officer or employee senior to him in that ,minjstry or office before such transfer, the officer or other employee who is promoted to oftlciate in such higher post shall, on transfer to the corporation, be entitled only to the scale of pay applicable to the post he would have held but for such promotion or the scale of pay applicable to the post under the 30 corporation to which he is transferred, whichever he may opt (6) no ofticer or other employee transferred by an order made under 3ub-section (1),-, _;  :j (a) shall be dismissed or removed by an authority subordinate to that competent to make a similar @r equivalent appointment 3s under the corporation as may be specified in the regulations; (b) shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed ci)f the charges against him and given a reasonable opportunity of being heard in respect 01 those charges: 40 provided that where it is proposed after such inquiry to impose ullon him any such penalty, such penalty may be imposed on the basis of evidence adduced during such inquiry and it shall not be necessary to give such person an opportunity of making representation on the penalty pr~posed: provided further that clause (b) shall not apply,-45  (i) where an officer or other employee is dismissed or removed or red\lced in rank on the ground of conduct which has led to h1s conviction on a criminal charge; or (iw) where the authority empowered to dismiss or remove an o1bcer or other employee or to reduce him in rank, 1& satisfted that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; (iii) an officer or other employee who, after transfer to the 5 corporation, is appointed to a higher post under the corporation in response to an open advertisement and in competition with outsiders_ l  i"  , __ ~ i •• :j ~ functions of corpora tion (7) if, in respect ot any officer or other employee referred to in subsection (6), the question arises whether it is reasonably practicable to 10 hold such inquiry as is referred to in that sub-section, the decision thereon of the authority empowered to dismiss or remove him or reduce him in rank, shall be final \ 12 (1) subject to the provisions of this act, it shall be the primar'y duty of the corporation to organise and conduct public broadcasting 15 services to inform, educate and entertain the public and to ensure a balanced development of radio and television (2) the corporation shall, in the discharge of ots functions, be guided by the following objectives, namely:-(a) upholding the unity and integrity of the country and the 20 democratic and social values enshrined in the constitution; '&, • (b) safeguarding the citizen's right to be informed freely, truthfully and objectively of all matters o~ public interest, national or international and presenting a fair and balanced flow of information including contrasting views, without advocating any opinion or 25 ideology of its owd; (c) paying special attention to the nelds ot education, agriculture, health and family welfare and science and technology; (d) giving adequate coverage to the composite culture of the country as well as sports and games; 30 i (e) serving the rural, illiterate and w  aker sections of the people, keeping in view the special needs of the youth, social and cultural minorities, the tribal communities, and of those residing in border regions, backward or remote areas; (1) inf~ and stimulating the national conscioubde81 in 35 regard to the status and problems of women; ({1) protnoting social justice and combating exploitation, inequality, and such evils as untouchability and n8ltqw parochial loyalties; (h) upholding the secular ideal and promoting a spirit of truth 40 and inquiry in the country among all sections of the people; i (i) taking special steps to protect the interests of children, the blindt the aged, the handicapped and other vulnerable sections of the people; (;) promoting comprehension and national integration by 45 broadcasting in a manner that facilitates communication in and udodi an the languages of india; and (k) providing comprehensive broadcast coverage through the choice of appropriate technology and the best utilisation of the broadcast frequencies available and ensuring high quality reception (3) in particular and without prejudice to the generality of the fore-s going 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 progranunes; '(b) to establish a system for the gathering of news for radio and television; 10 (c) to negotiate for purchase of, or otherwise acquire, programmes and rights or privileges in respect of sports, fixtures and other events, occasions, meetings, functions or incidents of public interests for broadcasting and to establish procedures for the allocation of such programmes, rights or privileges to the services; 20 (d) to establish and maintain a library or 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; (1)' to provide such other services as may be specified by the r regulations '(4)' tlie corporation shall be subject to no civil liability on the ground merely that it failed to comply with any of the provisiodi of 25 this section ' ' ' ,  '; ;'j elta bliahment of complaints board 13 (1) the corporation shall, by notification, establish a complaints board consisting of one person or such number of persons not exceeding five as it thinks fit to receive and consider the complaints referred to in section 14: 30 provided that where the complaints board consists of one person, that ~ person, and where it consists of more persons than onp, one at least of such persons shall be a person who is -or has been or is qualifted to be a judge of a hign court (2) where the complaints board consists of more persons than one, 3s the corporation shall appoint one of the persons qualified as specifted in the proviso to sub-section (1) to be the chairman of the board (3) where the complaints board consists of more persons than one, the powers and functions of the complaints board may be exercised and discharged by benches consisting of two members and con'stftuted· by the' 40 chairman of the board: provided that if the members of the bench differ on any point or points, they shall state the point or points on which they differ and refer the same to a third member (to be specifted by the chairman) for hear-ing of such point or points, and such point or points shall be decided 45 according to the opinion of that member , "(4) notwithstandln~ anythln~ contained in 5ub-osectlcn "(3) where the complaints board conststs of more persons than one, the chairman m:ty, if satisfied that consistent with the ends of justice, it fs necessary 80 to do for the expeditious dfrposal of cases, by order in writing, authorise ally of the members thereof to exercile the powers and dlscharge the functions of the complaints board in respect of such classes of cases as he may specify in the order (5) subject to the provisions of sub-sedlod (1), tile quawleatlgiu ad s other eondi&ns of service of the person or persons constit1jting the complaints board and the period for which such person or persons shall hoi ofllce shad be such as may be detemtined, with the previoul approval of the central government, by the corporation 14: (1) tile complaints board shall receive and consider complaints from persons claiming themselves to have been treated unjustly or 10 unfairly in any manner (including unwarranted invasion of privacy or mfsrepresentationl) in connection with any programme broadcast by the corporation (2) every such complaint shall be made in writing within thirty dpys of the broadcast concerned is jurisdiction of, and procedure to be followed by, the complaint, board (3) subject to any regulations that may be made in this behalf, the complaints board shall follow such procedure as it may think fit ·(4) if the complaint is found to be justified wholly or in part, the complaints board shall advise the corporation to take appropriate action and shall inform the complainant in· writing of the same 20 (5) if the complaint is found not to be justified either in whole or in part; the complainant shall be so informed in writing  , u (1) the  complaints b~ard shall, for the purposes of this act, have the same powers as are vested in a court under the code of civil pro;; eedure, 1908, while dealing with a complaint in respect of the fello'wlnl 2s 5 of 1908 matters, namely:-powers of complaint board (a) enforcing the attendance of any person and examining him on oath or affirmation; (b) ~mpel1ing the production of documents; and '- " (c);jssuing comssions for the examination of witneee8s (2) subject to any ~gulations made in this behau, the complaints &arcl m~y impound and retain in its custody for such period as it thinks fit ariy documents proou~ before it while deaung with a eotnplaint under this act  chapter m assets, finances and acoottnts 18 as from the at>jx>inted day-, (a) all property and assets (including the nc)n-lapllab1e i'udd and the renewal and replaeemedt fwad) which immedlately won that day vested in tbe central government for the p1ll'pdle of 40 akashvani or doordarshan or botb shall stand trlldderred to the col'- pontion; transfer of certain auets, liabili ties, etc, ofcentral government to corporation (b) f ad debts, obligations and liabilities ideurred all 4:odtradi entered  into and all matters and tliinp ed~ged to ~ dode by with or for the cetdral goyermnent immediately 'before fluch day ; or ',-in connection with th~ purposes of akashvanl or doordb1'bhad or both shall be deemed to have been incurred, entered hato aild engaged to be clone by, mtit 01' for the corporation; (c) all sums of money due to the central govemmedt in rebtign to the akashvani or doordarshan or oth tmmedia&ely hfore 5 such day shall be deemed to be tide to the oorpontion; (d) all suits and other legal proceedings instituted or which could have ~een 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 10 against the corporation grants by central government 17 for the purposes of enabling the corporation to discharge its fudctions efficiently under this act, the central government may, after due appropriation made by parliament by law in this hebah, pay to the corporation in each financial year ,-15 (i) the proceeds of the broadcast receiver licence fees, as reduced by the collection chat:ges; and (ii) such other s1ld1b of money as that govemment considers necessary, i , by way of gram, loan or otherwise fund of corporation 20 18 (1) the corporation shall have its own fund and all the receipts of the corporation (lncludin~ the amounts which stand transfened 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 the state 25 bank of india constituted under the state bank of india act, 1955, tn such manner as the corporation may decide 23 of 1955 (3) the corporation may spend such sums as it thinks fit for performing its functions under this act and such sums shall be treated as expenditure payable out of the fund of the corporation 30 19 the corporation may invest its moneys in the ieeurities of the central government 01' any state government or in such other manner as may be prescribed 20 (1) the corporation shall, before the commencement of each year prepare a statement of programme of its activities during the forth-35 coming year as well as financial estimates in respect thereof bucl8et of corporation (2) the statement prepared under sub-section (1) shall not less thn three months before the commencement o~ each year, be submitted to the central "government for its approval (3) the statement and the financial estimates of the corporation 40 referred to in sub-section (1), may witli the approval of the central gnvernment, be revised by the corporation 21 (1) the corporation shall maintain proper accounts and other relevllnt records and prepare an annual statement of accounts in such farm and in such manner as may be prescribed accounts and audit of co11joration 4s (2) the accounts of the corporation shall be audited by the camptrnuer and auditor-generat of india at such intervals as may be specifted corporation not jlatble to be taxed 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 of india and any person appointed by him in connection with the audit of the accounts of the 4 corporation shall have the same rights and privileges and authority in conn,ection 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 10 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 is the same to be laid before each house o~ parliament 22 notwithstanding anything contained in the income-tax ad, 1961, 43 of 1961 or any other ed8riment for the time being in force relating to income tax, sur-tax or any other tax on income, profits or gains, the corporation shall not be liable to pay any incom&-tax, sur-tax or any other tax in zo respect of-- - i (il) any income, profits or gains, aeeruing or risidg lout of the fund of the corporation or any amount received in that fund; and (b) any income, profits or gains, derived or any amount recalv • by the corporation, 25  chapi'er iv mrscellam:ot1s23 the central government may, from time to time, issue to the corporation such directions as it may think necessary for the efficient administration of this act, and a copy thereof shall be laid before each 30 power of central government to give directions hou~e of parliament 24 the chairman, members and every officer or other employee of the!' corporation and every member of a committee constituted under sub-section (5) of section 3 and every member of the complaints board and the recruitment board shall be deemed to be a public servant 35 45 of 1860 wfthin the meaning of section 21 of the indian penal code 25 no suit or other legal proceeding shall lie against the corporation, the chairman, member or any officer or any other employee of the corporation or a member of the complaints board or a recruitment board for anything which is in go'od faith done or intended to be done in pur- 40 suanee of this act or of any rules or regulations made thereunder c~-' man, meld-berb, etc, to be public 88!l'98dta protection of action taken in good faith ii 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 director general or by any officer of the corporation authorised by the corpo- 45 ration in this behalf authentication of ordel'b and other instrument of corporation dele,a-tion ot powen 1:1 the corporation may, by general or special order, delegate to the chairman or any other member or to any oircer 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 5 annual report 28 the corporation shall prepare once in every catendar 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 10 29 (1) the central government may, by notification make rules for carrying out the provisions of this act power to make rule (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:-is (a) the manner in which and the purposes for which the corpo-ration may associate with itself any person under sub-section (6) of section 3; i' ' (b) the salaries and allowances and conditions of service in respect 0:11 leave, pension (if any), provident fund md other matters in 20 relation to the chairman and the' director general under subsection (3) of section 6; (e) the allowances payable to, and other conditions of service of, the non-official members under sub-section (4) of section 6; (d) the control, restrictions and conditions subject to which the 2s corporation may appoint officers and other employees under subsection (1) of section 9; (e) the manner in which and the conditions and restrictions &ubject to which a recruitment board may be established under subsection (1) of section 10; 30 (1) the qualifications and other conditions of service o! the members of a recruitment board and their period of oirce under sub-section (2) of section 10; ••• (g) the manner in which the corporation may invest its moneys under section 19; 35 (h) the form and the manner in which the annual statement of accounts shall be prepared under sub-section (1) of section 21; (i) the form in, and the time within, which the corporation may prepare an annual report under section 28; (;) any other matter which is required to be or may be pres-40 cribed 30 (1) the corporation may, by notification, make regulations not power inconsistent with this act and the rules made thereunder :iior enabling to make it to perform its functions under this act relu-latlaa& (2) withou~ prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters namely:-(ii) the times and places at which meetings of the corporation shall be held and, the procedure to be followed thereat; and the quorum necessary for the transaction of the business at a meeting s of the corporation under sub-section (1) at section 8; (b) the methods of recruitment and conditions of service of oftlcers and other employees of the corporation under sub-section (2) of section 9; (c) the remuneration and other conditions of service, including 10 pension, leave and provident fund in relation to an ofjlcer or other employee of the corporation under sub-section (3) o:fl section 11; (d) the authority competent to make certain appointments referred to in clause (a) of sub-section (6) of section 11; (e) the services which may be provided by the corporation is under clause (f) of sub-section (3) of section 12; (1) the procedure which the complaints board may follow under sub-section (3) of section 14; (g) the period for which the complaints board may impound and retain in its custody any docwnents under sub-section (2) of 20 aection 11); (h) 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 rules and regulations to be laid before parliament s1 every rule and every regulation made under this act shall be laid, 25 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 sess  on or in two or more successive sessions, and if, before the expiry of the session immediately fullowing the session or the successive sessions aforesaid, both houses agree in making any modification 30 in the rule or regulation, or both houses agree that the rule or regulatioa, should not be made, the rule or regulation shall thereafter have e1fect 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 j prejudice to the validity of anything previously done under that rule or 35 regulation power to remove cwbeultl_ 32 ii any diftlculty arises in giving effect to the provisions of this act the central government may, by order, published in the oftlcial gazette, make such provisions, not inconsistent with the provisions of this act, ~ it may deem necessary, f<or the removal of the difficulty: 40 provided that no such order shall be made after the expiry of a perlo of three years from the appointed day bill, 1979 ( i'ode i ~  jn_~k9gu: c~4_;i;!}_j;& sab n a) for' iiaappointed" re ad "lppointed"  i aftc:~' ling '1 ~, inser t -" "too rdar sh an 0 f th e n:j (\ n hi ni"st ry 0 f information and broacasting;" "consj deration" red "c(lnsid(:jra:toiods" -5; p 6 age, line 12,-read ''corporation'" - 6 f2l "co!'j)o r ai to n " j ; 1',0 1 ')  ,  -,,-"or" for -" fo r " re ad --7 - page 6, li ne 32,-~ "su b-::;ec ti 0 n " !~ "su b- sec tic ns ii 8 page 7, l:lne 6,-for "th reg:llations l1 read "the regulations" ) page 7,· lin8 1;2,--{; ) , ~ 1£! "apaplicable' ~ (11)&li' ·1!!::i ~l:r" 10 page 8, line 1;:),-fu!' !lots" :"cc,o "its" -11 page 11, line 4,-for iloj  l~ " aii£! "both ii 12 page 13, 1ft thllj tdul1nal neadinl to oj~e 2<1 ~ 1"9 ad tlrule s it -13~ 'age 19 t line " fx'qm bqttom,-new delhi; ~~_~~a~~-~ __ ~ vajsakha 2'+, 19u1 \~             )             "~ ,' ,  - '~                                                     ~  - '') -         ~,el:                              c:' the prasar bharati (eroadcastin g c8rporation of india) bill, 19'n i-to belas introduced in ldk sabha 7 page i, line 12, heading under o1apter 11,-m "broadcasting corporation of india" mad itiprasar bharati( broadcasting cohporation of india,) ii vaisakha 2 ~ 1901 ( saka)  statement of objects and reasons it is the government's declared policy to confer autonomy on akashvani and doordarshan in order to ensure their functioning in a fair and objective manner in pursuance of this polley government appointed a working group headed by shrl b g ver~hese to examine the functioning of these media and to make recommendations regardinji( their future set up the working group submitted its report in march, 19178 2 the recommendations of the workin~ graup have been carefully examined it is proposed to provide for the establishment of an autonomous corporation to be known as 'prasar bharati' and to enfriist to ft the functions which are at 1?resent discharged throu~h akashvanl find doordarshan 'titp intention ie; that the nrooosed corporatio'l'l should function as 'a ~nuinelv autonomous body which fs innovative dvnamic flexible, democratic and responsive to its opportunf'tiee; rmd to the people of india whom it is designed to entertain inform and educate' 3 the bill seeks to achieve the ahove obiects in addition t" mating provisions as to the establh;hmpnt and composition of the corporation, appointment and removal of the members of tyie corporation, transfer of properties and funds at present vested in the central government for the purpose of akashvani and doordarshan to the corporatio'll, transfer of employees of akashvlln1 and doordarshan to the corporation and othpr ancillary matters the bill all10 provides for the establishment of ii complaints board to deal with complaints about programmes broadcast by the corporation 4 the notes on clauses explain the provisions of the bill nrw detm; l k advani the 1st may 1979   i  president's recommendation under arttcles 117 and 274 of the· constitution of indiarcopy of letter no 4(1) 179-wgad dated the 10th mav 1979 from shri l k advftni minister of inf<ormation and broadcasting to the secretary lok sabha] the president havinj! been informed 011 the !;ubject mattpr of the pra~rr bharati (broadcastin~ corporation of tndil'l) bill, 1m recommends under clauses (1) and en of article 117 and article 274(1)' t'jf the conc;tttutfon of india for introduction and consideration of the bill in lok sabha clause 2 seeks to define ceriain expressions used in the bill \ clause 3 provides for the establishment of the broadcasting corporatio'll to be known as 'prasar bharati' and for its composition clauses 4 to 6 provide for the appointment, term of office and other conditions of service of the chairman, director general and non-oftlcial members ,of the corporation clause 7 deals with the removal and suspensio'l1 of chairman and nonofficial members the grounds of removal as provided in the clause are the same as those provided in article 317 of the constitution with respect to removal of the chairman or other members of a public service commission the chairman may be removed from office by an order of the president on the ground, of misbehaviour after the supreme court on a reference made to it by the president ha!; on inquiry held in accordance with such procedure as the supreme court 'may by rules provide, reported that the chairman ought on any such ~und to be remove(i the president may sust'end from office the chairman where a reference has been made to the supreme court ferr inquiry as to whether he should be removed on the j!l'ound of misbehaviour the president cannot exerci~e the power to suspend the chairman without obtainin$! the prior anproval of the sut'reme court the president mav remove the chairman forom office if the chairman is adiudlled as an insolvent or engages nurina hi!'; term of om"'e in i111v nllid pmnlovment outside the duties of his office or if he is, in the opinion of the president unfit to coptinue in office by reason of infir'mitv of m;nd or ,body the president may remove a non-official member from office with the concurrence of the chairman i on anv ground ,on which the chairman may be removed from offit"e, ac; in the case of a member of puhlic se't'vic'p commission, the ~und of misbehaviour includes a ('ase in which the chairman or a member a~ the c:\se may be is or becomes in anv wav concerned or interest- ed in nnv contract or agreement made by or on behalf of the corporation or the government of tnoin or the ("overrtment of 11 state or participates in anv w"lv in th" t>tofitc: thereof or in anv benefit or emolument arising therefrom otherwire than fls a membel' and in common with the other members of an incorporated company cltruse 8 deals with the meetings of the corporation i cla'llbl! 9 empowct's the col'oot"ation to appoint, in eonsultation with the recruitment board, r::uch ,ofticers and other employees as may be necessary  '/'" , clause 70 pr~videsfor the ~ti'\blishment of nne or more recruitment boat"ds (cmlsistin~ wholly ~f persons other than membern, officers and other employees of the' corporation) f~'t the f'urpose of selection of candidates to tro paste: of officers and other employees undc"l' the corporation  - - -cl4uae 11 dew with the transfer of service of the existing employees of ,the akashvani and doordarshan to the corporation by order of the central government it also provides that no such order shall be made in relation to any officer or other employee if he has intimated the cen-: tra1l government, within the time specified, his intention of not becoming an employee of the corporation clause 12 enumerates the functions of the corporation sub-clause (1) provides that it shall be the primary duty of the corporation to organise and conduct public broadcasting services, to inform, educate and entertain the public and to ensure a balanced' development of radio and television sub-clause (2) of this clause enumerates the various objectives by which the corporation shall be guided in the discharge of its functions clauses 13 to 15: clause 13 provides for the establishment by the corporation of a complaints board consisting of one person or such numbej: of persons not exceeding five clause 14 empowers the complaints board to receive and consider complaints from persons claiming themselves to rulve been treated unjustly or unfairly in connection with any programme broadcast by the corporation the clause also provides for the procedur~ to be followed by the complaints board clause 15 conf~rs on the complaints board certain powers of a civil court to enable it to perform its functions clause 16 deals with the transfer of certain assets and liabilities etc held for the purposes of akashvani and doordarshan to the corporation clause 17 provides for the payment by the central government, after due appropriation made by parliament by law, to the corporation, in each financial year, the proceeds of the broadcast receiver licence fees, after deducting the collection charges, and such other sums of money as the government consider necessary by way of grant, loan or otherwise clause 18 provides for the fund of the corporation clause 19 relates to the investment of the mon~s of the corporation clau8e 20 lays down that the corporation may prepare a statement of programme of activities during the forthcoming year as well as financial estimates in respect thereof before the commencement of each year clau8e 21 lays down that the corporation shall maintain proper accounts and other relevant records and prepare an annual statement of accounts which shall be audited by the comptroller and auditor-general of india clause 22 seeks to exempt the corporation from the payment of incometax, sur-tax or any other tax in respect of any income, profits or gains, derived by the corporation clause 23 empowers the central government to issue such directions as it may think necessary for the efficient administration of the act and also provides that a copy of such directions shalj be laid before each house of parliament clause 24 provides for chairman, members, officers or other employees of the co1'pql'ation, etc to be public servants within the meaning of section 21 of the indian penal code clause 25 seeks to give protection for anything which is in good faith done or intended to be done in pursuance of the act or any rules and regulations made thereunder clause 26 provides for the authentication of orders and decisions of the coi'poration by the signature of the chairman or any other member and other instruments by the signature of the director general or by any other officer of the corporation clause 27 provides for the delegation, by general or special order, of the powers of the corporation 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 in the order clause 28 provides for the preparation by the corporation of an annual report giving a full acco'llnt of its activities during the previous year the central government has to cause the same to be laid before each house of parliament clause 29 empowers the central government to make rules f()r carrying out the provisions of the act clause 30 empowers the corporation to make regulations not inconsistent with the act and the rules made thereunder for enabling it to discharge its functions under the act clame 31 provides for laying of the rules and regulations made under the act before parliament clause 32 provides for removal of difficulties in giving effect to the provisions of the act clause 3(1) of the bill provides for the establishment of prasar bharatl clauses 4(1), a(l) and 3(4) (b) (c) and (d) of the bill provide respectively tor tne appointment of the cilairman, the jjirecto~ venera!, the non-otticlal members and ~, ollicw member~ clause 0(3) 01 the bill envisages that the salary and allowances and other conditions of service of the chairman and the l>lrector general ot the corporation be such as may be prescribed clause 6(14) provides that the allowances payable to and other conditions of service of, the non-official members shall be such as may be prescribed 2 clause 9 of the bill provides for appointment of officers and other employees of the corporation and for their conditions of service clause w~l) provides for establishment of ltecrwtment board or boards l:lause 10(:t) envisages that the qualihcations and other conditions 01 service of the members of the recruitment board of boards be such a~ may be prescribed 3 clause 13 (1) of the bill provides for the establishment of a complaints hoard clause l:i (a) envisages that the qualjficatlons and conditions of service of the person or persons constituting the complaints board shall be such as may be determined by the corporation with the previous approval of the central government 4 clause 16 (a) of the bill provides for the transfer of all the existing gross assets of akashvani and doordarshan to the corporatioq these are estimated to be about rs 95 crores as on 31-3-1979 it also provides for the transfer of the unspent balance in the non-lapsable fund of about bs 30 crores and also the un-spent balance of the renewal and replacement fund amounting to about rs 3 crores as on 31-3-1979 clause 16 (b) provides for the transfer of existing debts, obl1gations, liabilities and all contracts entered into by the centr~l government on behalf of akashvani and doordarshan to the corporation clause 16 (c) provides for the transfer ot all sums of money due to the central government in relation to akashvani and doordarshan tolthe corporation clause 17 provides for the grant of the proceeds of the broadcast receiver licence fees which are placed as on 31-3-1979, at about rs 32 crores ,(gross), reduced by the collection charges and such other sums of money as may be determined by the central government to the corporation by way 0:£ grant, loan or otherwise these sums will be ~d to the corporation after a due appropriation by parliament by law 5 the salaries and other conditions 0:£ service of the members of the corporation, complaints board and the recruitment board or boards are to be prescribed by rules after the corporation is set up it is, therefore, not possible to give precise details of the expenditure involved the corporation's deficit is estimated to be about rs 650 crores on revenue account in 1979--80 this may go up progressively the plan outlay for 1979-80 on capital account' is rs ~301 crores it is expected to be rs 23 15 ~rores in 1980-81 funds have to be provided by central government accordingly, after due appropriation by parliament the corporation will retain income from commercial broa,dcasting amounting to about rs 12 crores per annum clause 29 of the bill seeks to empower the central government to m3ke rules for carrying out the provisions of the act the matters in respect of which such rules may be made relate inter alia to the manner in which and the purposes for which the corporation may associate wjth itself any person in complying with any of the provisions of the act, the salary and allowances and conditions of service and other matters in relation to the chairman and director general, the allowances payable to and other conditions of service of the non-official members, the control, restrictions and conditions subject to which the corporation may appoint officers and other employees, the manner in which and the conditions and restrictions subject to which a recruitment board m:ly be appointed, the qualifications and other conditions of service of the members of such a board, etc 2 clause 30 of the bill seeks to empower the corporation to make regulations not inconsistent with the act and the rules thereunder for enabling it to perform its functions under the act the maltters in respect of which such regulations may be made relate inter alia to the time and place at which meetings of the corporation shall beheld and the procedure to be followed thereat, and the quorum necessary at such meatings, the recruitment and conditions of service oif officers and other employees of the corporation, the period for which the complaints board may impound and retain in its custody any document, the procedure which the complaints board may follow in considering any complaints, etc ' 3 the matters in respect of which rules may be made under clause 29 of the bill and the matters in respect of which regulations may be made under clause 30 of the bill are all matters of detail or procedure or matters for which it is not practicable to make provision in the act further, as provided in clause 31 of the bill, the rules and regulations have to be laid before parliament hence the delegation of legislative power is of a normal character a  billto provide for the establishment of a broadcasting corporation for india, to be known as prasar bharati, ito define its composition, functions and powers and to provide for matters connected therewith or incidental thereto , i (shri l k advabi, minister of inf0nn4tion cmd broadcasting 