 bill no 53  of   2011 the television programmes (regulation) bill, 2011 by shri a t nana patil, mp a billto regulate the programmes telecast on television channels and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-second year of the republic of india as follows:—1  (1) this act may be called the  television programmes (regulation ) act, 2011 (2) it extends to the whole of indiashort title, extent and commencement5(3) it shall come into force at once 2  in this act, unless the context otherwise requires,—definitions(i) "authority" means the television programmes regulation authority set upunder section 3 of this act;(ii) "prescribed" means prescribed by rules made under this act;(iii) "programme" means and includes any serial, documentary, opinion poll, short film, commercial advertisement, musical programme including songs and dance sequences, fashion show, talk show or any other programme telecast for public viewing; and5(iv) "television network" means a television channel, whether privately owned or otherwise, including a foreign television channel, whether in partnership with an indian television channel or otherwise, or owned by a non-resident indian 3 (1) the central government shall set up an authority to be known as the television programmes regulation authoritytelevision programme regulation authority10(2) the authority shall consist of :—(a) a chairman who shall be an eminent personality in the field of entertainment/media to be appointed by the central government; and(b) two other members to be nominated by the central government(3) the terms and conditions of service and salary and allowances of the chairman and members of the authority shall be such as may be prescribed15(4) the authority shall perform such functions as may be assigned to it by the central government(5) the central government shall provide such number of officers and staff as may be required for the efficient functioning of the authority4  (1) the authority shall have its offices in the capital of every state of the country20(2) every office of the authority set up under sub-section (1) shall consist of—authority to set up its offices in every state(a) a chairman to be appointed by the central government; and (b) four other members to be appointed by the central government, in such manner as may be prescribed25(3) the terms and conditions of service and salary and allowances of the chairman and members shall be such as may be prescribedfunctions of authority305 (1) every  television network before telecasting any programme on its network shall forward the contents of the programme to the office of the authority nearest to the headquarters of the television network for the purpose of obtaining certificate for public exhibition of the programme37 of 1952(2) the television network shall not be required to obtain prior permission from the authority for telecasting news or any other programme, which has already been allowed for public exhibition under the cinematograph act, 1952 or any other law for the time being in force or under the provisions of this act(3) the authority, while certifying every programme, shall ensure that:—35(i) it does not violate any existing law of the country;(ii) it does not exhibit violent, vulgar or sexually explicit scenes or any scene degradingour culture or posing threat to unity and integrity of the country;(iii) it does not exhibit nude or semi-nude scenes in the name of fashion show or songdance sequences;40(iv) it does not show programmes creating hatred between different sections of thesociety on the ground of religion, caste, creed or language;(v) it does not promote drinking, smoking or use of any other narcotic drug;(vi) it does not defame any person, organization including a business organization, government or a political party;(vii) it does not telecast mischievous news-item or give false or inaccurate information which could create confusion among the viewing public;5(viii) it does not offer any unwarranted comment on any matter pending in a court oflaw; and(ix) it does not offer any comment on the functioning of parliament or state legislature or members  thereof or judiciary10certificate for public exhibitions6 the office of the authority where programmes have been submitted for certification,shall scrutinize the programmes and give a certificate for allowing public exhibition of such programmes on the television channelexplanation— certificate from any office of the authority shall mean permission to telecast the programme throughout the country7 the authority may, on its own or on receipt of a complaint, cause an inquiry into the functioning of a television channel15power of the authority to inquirepenalty for violation8 (1) if, after an inquiry, it is found that the television channel has violated the provisions of any guideline issued by the authority, the licence of the television channel shall be suspended for a period of one year:20provided that if any television channel violates the provisions of this act for the second time, the authority shall cancel the licence of that channel(2) the owner and the in-charge of the programme of the television network shall be punished for violating the provisions of this act with imprisonment of either description for a term which may extend to five years or with fine which may extend to rupees one lakh or with both25power to make rules9 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act30(2) every rule 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 both the houses agree that the rule should not be made, the rule 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 statement of objects and reasonsthe number of television channels in the country is increasing rapidly and programmes telecast on these channels run into thousands some of the programmes telecast on these channels are such that they cannot be watched alongwith children these channels expose the youngsters to violence and vulgarity which can corrupt their minds even some commercial advertisements are not in good tasteour culture is being tarnished by these channels in our country there is a separate regulatory mechanism for films television channels air thousands of serials and other programmes every month but there is no regulatory mechanism for them television has become part and parcel of the lives of vast number of families all over the countryit is accordingly proposed to set up a regulatory mechanism to regulate the programmes being telecast on television channelshence this billjuly 19, 2011 financial memorandumclause 3 of the bill seeks to establish an authority to regulate programmes  telecast by television channels with its headquarters at new delhi clause 4 provides that an office of the authority shall be set up in every state capital the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees two hundred crore will be involveda non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill empowers the central government to frame rules for carrying out the purposes of the bill as the rules will relate to matters of details only, the delegation of legislative power is of a normal character lok  sabha———— a billto regulate the programmes telecast on television channels and for matters connected therewith or incidental thereto————(shri at nana patil, mp)gmgipmrnd—896ls(s3)—10-08-2011