The Prasar Bharati (Broadcasting Corporation Of India) Act, 1990

{
    "id": 12806,
    "slug": "prasar-bharati-broadcasting-corporation-of-india-act-1990",
    "title": "The Prasar Bharati (Broadcasting Corporation Of India) Act, 1990",
    "short_title": "The Prasar Bharati (Broadcasting Corporation Of India) Act, 1990",
    "act_number": "(25 OF 1990)",
    "act_year": 1990,
    "act_type": "CENTRAL",
    "location": "India (Central)",
    "law_status": "unknown",
    "enactment_date": "1990-09-12",
    "description": "The Prasar Bharati (Broadcasting Corporation Of India) Act, 1990",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "CHAPTER I",
            "chapter": "CHAPTER I",
            "content": "Preliminary",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "Object & Reasons▼\nStatement of Objects and Reasons.\nAmending Act 12 of 2008-Statement of Objects and Reasons.\n(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;\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Akashvani\" means the offices, stations and other establishments, by whatever name called, which, immediately before the appointed day, formed part of or were under the Director-General, All India Radio of the Union Ministry of Information and Broadcasting;\n(b) \"appointed day\" means the date appointed under section 3;\n(c) \"broadcasting\" means the dissemination of any form of communication like signs, signals, writing, pictures, images and sounds of all kinds by transmission of electro-magnetic waves through space or through cables intended to be received by the general public either directly or indirectly through the medium of relay stations and all its grammatical variations and cognate expressions shall be construed accordingly;\n(d) \"Board\" means the Prasar Bharati Board;\n(e) \"Broadcasting Council\" means the Council established under section 14;\n(f) \"Chairman\" means the Chairman of the Corporation appointed under section 4;\n(g) \"Corporation\" means the Prasar Bharati (Broadcasting Corporation of India) established under section 3;\n(h) \"Doordarshan\" means the offices, kendras and other establishments, by whatever name called, which immediately before the appointed day, formed part of or were under the Directorate-General, Doordarshan of the Union Ministry of Information and Broadcasting;\n(i) \"elected Member\" means a Member elected under section 3;\n(j) \"Executive Member\" means the Executive Member appointed under section 4;\n(k) \"kendra\" means any telecasting centre with studios or transmitters or both and includes a relay station;\n(l) \"Member\" means a Member of the Board;\n(m) \"Member (Finance)\" means the Member (Finance) appointed under section 4;\n(n) \"Member (Personnel)\" means the Member (Personnel) appointed under section 4;\n(o) \"nominated Member\", means the Member nominated by the Union Ministry of Information and Broadcasting under section 3;\n(p) \"Non-lapsable Fund\" means the Fund created from the commercial revenues of Akashvani and Doordarshan to meet expenditure on certain schemes;\n(q) \"notification\" means a notification published in the Official Gazette;\n(r) \"part-time Member\" means a part-time Member of the Board appointed under section 4, but does not include an ex officio Member, the nominated Member or an Elected Member;\n(s) \"prescribed\" means prescribed by rules made under this Act;\n(t) \"Recruitment Board\" means a Board established under sub-section (1) of section 10;\n(u) \"regulations\" means regulations made by the Corporation under this Act;\n(v) \"station\" means any broadcasting station with studios or transmitters or both and includes a relay station;\n(w) \"whole-time Member\" means the Executive Member, Member (Finance) or Member (Personnel);\n(x) \"year\" means the financial year.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "CHAPTER II",
            "chapter": "CHAPTER II",
            "content": "Prasar Bharati (Broadcasting Corporation Of India)",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "3",
            "title": "3. Establishment and composition of Corporation.",
            "chapter": null,
            "content": "(a) a Chairman;\n(b) one Executive Member;\n(c) one Member (Finance);\n(d) one Member (Personnel);\n(e) six part-time Members;\n(f) Director-General (Akashvani), ex officio ;\n(g) Director-General (Doordarshan), ex officio ;\n(h) one representative of the Union Ministry of Information and Broadcasting, to be nominated by that Ministry; and\n(i) two representatives of the employees of the Corporation, of whom one shall be elected by the engineering staff from amongst themselves and one shall be elected by the other employees from amongst themselves.\n(a) any vacancy in, or any defect in the constitution of, the Board or such committee; or\n(b) any defect in the appointment of a person acting as a Member or a Member of such committee; or\n(c) any irregularity in the procedure of the Board or such committee not affecting the merits of the case.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "4",
            "title": "4. Appointment of Chairman and other Members.",
            "chapter": null,
            "content": "(a) the Chairman of the Council of States, who shall be the Chairman of the Committee;\n(b) the Chairman of the Press Council of India established under section 4 of the Press Council Act, 1978 (37 of 1978); and\n(c) one nominee of the President of India.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "5",
            "title": "5. Powers and functions of Executive Member.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "6",
            "title": "6. Term of office, conditions of service, etc., of Chairman and other Members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "7",
            "title": "7. Removal and suspension of Chairman and Members.",
            "chapter": null,
            "content": "(a) ceases to be a citizen of India; or\n(b) is adjudged an insolvent; or\n(c) engages during his term of office in any paid employment outside the duties of his office; or\n(d) is convicted of any offence involving moral turpitude; or\n(e) is, in the opinion of the President, unfit to continue in office by reason of infirmity of body or mind:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "8",
            "title": "8. Meetings of Board.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "9",
            "title": "9. Officers and other employees of Corporation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "10",
            "title": "10. Establishment of Recruitment Boards.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "11",
            "title": "11. Status of officers and employees.",
            "chapter": null,
            "content": "[11A. Section 11 not to apply to certain officers and employees.\n[11B. Transfer of posts of Akashvani and Doordarshan to Corporation.\nOLD LAW  ▼",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "11",
            "title": "11. Transfer of service of existing employees to Corporation.",
            "chapter": null,
            "content": "(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;\n(b) by the leave, provident fund, retirement or other terminal benefits admissible to employees of the Central Government in accordance with the rules or orders of the Central Government, as amended from time to time, or the leave, provident fund or other terminal benefits admissible to the employees of the Corporation under the regulations, and such option once exercised under this Act shall be final:\n(a) shall be dismissed or removed by an authority subordinate to that competent to make a similar or equivalent appointment under the Corporation as may be specified in the regulations;\n(b) shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "12",
            "title": "12. Functions and powers of Corporation.",
            "chapter": null,
            "content": "(a) upholding the unity and integrity of the country and the values enshrined in the Constitution;\n(b) safeguarding the citizen's right to be informed freely, truthfully and objectively on all matters of public interest, national or international, and presenting a fair and balanced flow of information including contrasting views without advocating any opinion or ideology of its own;\n(c) paying special attention to the fields of education and spread of literacy, agriculture, rural development, environment, health and family welfare and science and technology;\n(d) providing adequate coverage to the diverse cultures and languages of the various regions of the country by broadcasting appropriate programmes;\n(e) providing adequate coverage to sports and games so as to encourage healthy competition and the spirit of sportsmanship;\n(f) providing appropriate programmes keeping in view the special needs of the youth;\n(g) informing and stimulating the national consciousness in regard to the status and problems of women and paying special attention to the upliftment of women;\n(h) promoting social justice and combating exploitation, inequality and such evils as untouchability and advancing the welfare of the weaker sections of the society;\n(i) safeguarding the rights of the working classes and advancing their welfare;\n(j) serving the rural and weaker sections of the people and those residing in border regions, backward or remote areas;\n(k) providing suitable programmes keeping in view the special needs of the minorities and tribal communities;\n(l) taking special steps to protect the interests of children, the blind, the aged, the handicapped and other vulnerable sections of the people;\n(m) promoting national integration by broadcasting in a manner that facilitates communication in the languages in India; and facilitating the distribution of regional broadcasting services in every State in the languages of that State;\n(n) providing comprehensive broadcast coverage through the choice of appropriate technology and the best utilisation of the broadcast frequencies available and ensuring high quality reception;\n(o) promoting research and development activities in order to ensure that radio and television broadcast technology are constantly updated; and\n(p) expanding broadcasting facilities by establishing additional channels of transmission at various levels.\n(a) to ensure that broadcasting is conducted as a public service to provide and produce programmes;\n(b) to establish a system for the gathering of news for radio and television;\n(c) to negotiate for purchase of, or otherwise acquire, programmes and rights or privileges in respect of sports and other events, films, serials, occasions, meetings, functions or incidents of public interest, for broadcasting and to establish procedures for the allocation of such programmes, rights or privileges to the services;\n(d) to establish and maintain a library or libraries of radio, television and other materials;\n(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;\n(f) to provide such other services as may be specified by regulations.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "13",
            "title": "13. Parliamentary Committee.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "14",
            "title": "14. Establishment of Broadcasting Council, term of office and removal, etc., of Members thereof.",
            "chapter": null,
            "content": "(i) a President and ten other Members to be appointed by the President of India from amongst persons of eminence in public life;\n(ii) four Members of Parliament, of whom two from the House of the People to be nominated by the Speaker thereof and two from the Council of States to be nominated by the Chairman thereof.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "15",
            "title": "15. Jurisdiction of, and the procedure to be followed by, Broadcasting Council.",
            "chapter": null,
            "content": "(i) any person or group of persons alleging that a certain programme or broadcast or the functioning of the Corporation in specific cases or in general is not in accordance with the objectives for which the Corporation is established;\n(ii) any person (other than an officer or employee of the Corporation) claiming himself to have been treated unjustly or unfairly in any manner (including unwarranted invasion of privacy, misrepresentation, distortion or lack of objectivity) in connection with any programme broadcast by the Corporation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "CHAPTER III",
            "chapter": "CHAPTER III",
            "content": "Assets, Finances And Accounts",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "16",
            "title": "16. Transfer of certain assets, liabilities, etc., of Central Government to Corporation.",
            "chapter": null,
            "content": "(a) all property and assets (including the Non-lapsable Fund) which immediately before that day vested in the Central Government for the purpose of Akashvani or Doordarshan or both shall stand transferred to the Corporation on such terms and conditions as may be determined by the Central Government and the book value of all such property and assets shall be treated as the capital provided by the Central Government to the Corporation;\n(b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Central Government immediately before such day for or in connection with the purposes of Akashvani or Doordarshan or both shall be deemed to have been incurred, entered into and engaged to be done by, with or for the Corporation;\n(c) all sums of money due to the Central Government in relation to the Akashvani or Doordarshan or both immediately before such day shall be deemed to be due to the Corporation;\n(d) all suits and other legal proceedings instituted or which could have been 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 against the Corporation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "17",
            "title": "17. Grants, etc., by Central Government.",
            "chapter": null,
            "content": "(i) the proceeds of the broadcast receiver license fees, if any, as reduced by the collection charges; and\n(ii) such other sums of money as that Government considers necessary, by way of equity, grant-in-aid or loan.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "18",
            "title": "18. Fund of Corporation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "19",
            "title": "19. Investment of moneys.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "20",
            "title": "20. Annual Financial Statement of the Corporation.",
            "chapter": null,
            "content": "(a) the expenditure which is proposed to be met from the internal resources of the Corporation; and\n(b) the sums required from the Central Government to meet other expenses, and distinguishing-\n(i) revenue expenditure from other expenditure; and\n(ii) non-plan expenditure from plan expenditure.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "21",
            "title": "21. Accounts and audit of Corporation.",
            "chapter": null,
            "content": "[22. Corporation not liable to be taxed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "CHAPTER IV",
            "chapter": "CHAPTER IV",
            "content": "Miscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "23",
            "title": "23. Power of Central Government to give directions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "24",
            "title": "24. Power of Central Government to obtain information.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "25",
            "title": "25. Report to Parliament in certain matters and recommendations as to action against the Board.",
            "chapter": null,
            "content": "(a) all the Members shall, as from the date of supersession, vacate their offices as such;\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "26",
            "title": "26. Office of Member not to disqualify a Member of Parliament.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "27",
            "title": "27. Chairman, Members, etc., to be public servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "28",
            "title": "28. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "29",
            "title": "29. Authentication of orders and other instruments of Corporation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "30",
            "title": "30. Delegation of powers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "31",
            "title": "31. Annual report.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "32",
            "title": "32. Power to make rules.",
            "chapter": null,
            "content": "(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;\n(b) the allowances payable to the Chairman and part-time Members under sub-section (8) of section 6;\n(c) the control restrictions and conditions subject to which the Corporation may appoint officers and other employees under sub-section (1) of section 9;\n(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;\n(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;\n[(f) the terms and conditions of service in the Corporation of officers and employees under sub-section (2) of section 11A;\n(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;]\n(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;\n(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;\n(i) the manner in which the Corporation may invest its moneys under section 19;\n(j) the form and the manner in which the annual statement of accounts shall be prepared under sub-section (1) of section 21;\n(k) the form in which, and the time within which, the Corporation and the Broadcasting Council shall prepare their annual report under section 31;\n(l) any other matter which is required to be, or may be, prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "33",
            "title": "33. Power to make regulations.",
            "chapter": null,
            "content": "(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;\n(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;\n(c) the methods of recruitment and conditions of service of officers and other employees of the Corporation under sub-section (2) of section 9;\n[(d) the conditions of service of officers and employees under sub-section (5) of section 11;]\n(e) the authority competent to make certain appointments referred to in clause (a) of sub-section (6) of section 11;\n(f) the services which may be provided by the corporation under clause (f) of sub-section (3) of section 12;\n(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;\n(h) the manner in which and the period within which complaints may be made under sub-section (2) of section 15;\n(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:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "34",
            "title": "34. Rules and regulations to be laid before Parliament.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "35",
            "title": "35. Power to remove difficulties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        }
    ],
    "metadata": {
        "Act ID": "19/867",
        "Act Number": "(25 OF 1990)",
        "Enactment Date": "12th September, 1990",
        "Act Year": "1990",
        "Short Title": "The Prasar Bharati (Broadcasting Corporation Of India) Act, 1990",
        "Type": "CENTRAL",
        "Location": "India (Central)"
    },
    "updated_at": "2026-09-29 21:51:56"
}