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Section 19 in The Prasar Bharati (Broadcasting Corporation Of India) Act, 1990
19.
/867Statement of Objects and Reasons.-It is the Government's declared policy to confer autonomy on Akashvani and Doordarshan thereby ensuring that they function in fair, objective and creative manner. In this context that it is proposed to provide for the establishment of an autonomous Corporation to be known as "Prasar Bharati" (Broadcasting Corporation of India) and to entrust to it the functions which are discharged by Akashvani and Doordarshan. The intention is that the proposed Corporation should function as a genuinely autonomous body innovative, dynamic and flexible-with a high degree of credibility. It must function in a democratic manner which enriches our democratic traditions and institutions, being responsible to the people and Parliament of India and keeping in mind the variegated traditions, languages and cultures of the country.2. The Corporation is conceived of as a single unit with two distinct wings-Radio and Television. The proposed structure takes into account the need for ensuring that Radio and Television, which belong to two distinct cultures, are enable to evolve and grow in terms of their own genius while, at the same time ensuring a commonality in overall approach which alone can ensure that the requirements of the people in terms of entertainment, information and education are met.3. The Corporation while discharging its functions, will be guided by specified objectives with emphasis on upholding the unity and integrity of the country, nurturing the democratic and social values enshrined in the Constitution and projecting the varied cultural traditions of different regions of the country.4. The Bill also provides for the establishment of a Broadcasting Council, consisting of a President and fourteen other Members appointed by the President of India. This Council will ensure that the citizen's right to be informed freely, truthfully and objectively, if fully protected and that the Corporation does not stray from the objective of ensuring adequate coverage to the country's diverse culture and of catering to the various sections of the society. This Council will consider complaints about programmes broadcast by the Corporation in this context and render suitable advice to the Prasar Bharati Board.5. The Bill also provides for the transfer to the Corporation of properties and funds at present vested in the Central Government for the purpose of Akashvani and Doordarshan; transfer of employees of Akashvani and Doordarshan to the Corporation and other ancillary matters and the establishment or Recruitment Boards for recommending the appointment of officers and other employees of the Corporation.6. The Bill seeks to achieve the above objectives.Amending Act 12 of 2008-Statement of Objects and Reasons.-The Prasar Bharati (Broadcasting Corporation of India) Act, 1990 enacted to provide for the establishment of a Broadcasting Corporation of India. The said Act came into force on the 15th September, 1997. For the purpose of general superintendence, direction and management of the Corporation, sub-section (4) of section 3 of the said Act has provided for constitution of a Prasar Bharati Board which exercises all such powers and does all such acts and things as are exercised or done by the Corporation under the Act. The said Act has further provided under sub-section (5) of section 3 that among other Members of the Board, there shall also be a Chairman who is also a part-time Member of the Board.2. The Chairman holds office for a term of six years from the date on which he enters upon his office. The Act does not provide for upper-age limit for the Chairman as is stipulated for the whole-time Members of the Board. A whole-time Member of Prasar Bharati Board holds office for a term of six years from the date on which he enters upon his office or until he attains the age of sixty-two years, whichever is earlier. There is already an upper-age limit cap for the whole-time Members namely, Chief Executive Officer and Executive Member, Member (Personnel) and Member (Finance). Therefore, it is felt that in the case of Chairman also an upper-age limit of seventy years may be fixed to ensure appointment of comparatively younger talent and experience. It is also felt that reducing the tenure of Chairman from the present six to three years will help to bring diversity of experience at the top level for the benefit of the organisation. Similarly a need is also being felt for change in the tenure and upper-age limit of Chief Executive Officer from six to five years and from sixty-two years to sixty-five years respectively.3. Since the Prasar Bharati has to compete with the private electronic media houses as well as to achieve the social objectives entrusted upon it by the said Act of Parliament in letter and spirit, it is being felt necessary to rationalise such matters in order to inject sectoral experience to rejuvenate Prasar Bharati and its Board by undertaking of immediate legislation. Hence the Prasar Bharati (Broadcasting Corporation of India) Amendment Ordinance, 2008 (5 of 2008) was promulgated by the President on the 7th February, 2008. The Ordinance provides as follows:-(i) substitution of sub-section (1) of section 6 of the Prasar Bharati (Broadcasting Corporation of India) Act, 1990 which provides that the Chairman shall be part-time Members and holds office for a term of three years or unit he attains the age of seventy years. Further provides that any person holding office as a Chairman immediately before the commencement of the said Ordinance, he ceases to hold office as such Chairman, if his appointment is inconsistent with this sub-section and is not entitled to any compensation because of ceasing to hold such office;(ii) insertion of new sub-section (2-A), after sub-section (2) of section 6 of the Prasar Bharati (Broadcasting Corporation of India) Act, 1990 which provides that the Executive Member shall be a whole-time Member and holds office for a term of five years or until he attains the age of sixty-five years. Further provides that any person holding office as an Executive Member immediately before the commencement of the said Ordinance, he ceases to hold office as such Executive Member, if his appointment is inconsistent with this sub-section and is not entitled to any compensation because of ceasing to hold such office.4. The Bill seeks to replace the aforesaid Ordinance.[12th September, 1990]An Act to provide for the establishment of a Broadcasting Corporation of India, to be known as Prasar Bharati, to define its composition, functions and powers and to provide for matters connected therewith or incidental thereto.Be it enacted by Parliament in the Forty-first Year of the Republic of India as follows:-| Brought into force on 15.9.1997 vide S.O. 509(E), dated 22.7.1997, published in the Gazette of India, Extraordinary, Part II, Section 3(ii), dated 22.7.1997. |