2. PRASAR BHARATI (BROADCASTING
CORPORATION OF INDIA) ACT,1990
An act to provide for the establishment
of Broadcasting Corporation of India to
be Known as Prasar Bharti
3. Sec 3(1)With effect from such date as the Central government may bySec 3(1)With effect from such date as the Central government may by
notification appoint in this behalf there shall be established a Corporation fornotification appoint in this behalf there shall be established a Corporation for
the purpose of this Act To be known asthe purpose of this Act To be known as Prasar BhartiPrasar Bharti (Broadcasting(Broadcasting
Corporation of India)Corporation of India)
(2)The corporation shall have a(2)The corporation shall have a perpetual successionperpetual succession and a common seal withand a common seal with
the power to acquire ,hold and dispose of property and shall by name be suethe power to acquire ,hold and dispose of property and shall by name be sue
and be sued.and be sued.
(3)The headquarters of the corporation shall be at(3)The headquarters of the corporation shall be at New DelhiNew Delhi and theand the
Corporation may establish offices ,Kendra's or stations at other places in India .Corporation may establish offices ,Kendra's or stations at other places in India .
(4)The general superintendence ,direction and management shall vest in(4)The general superintendence ,direction and management shall vest in
Prasar Bharti BoardPrasar Bharti Board
(5)The Board shall consists of a (a) chairman (b) One executive members c)(5)The Board shall consists of a (a) chairman (b) One executive members c)
one member –Finance (d) one member (personnel ) (e)six part time membersone member –Finance (d) one member (personnel ) (e)six part time members
(f) Director general akashvani (g) Director general DD (h) one representative of(f) Director general akashvani (g) Director general DD (h) one representative of
the Union ministry of Inf and Broadcasting (i) two representatives of thethe Union ministry of Inf and Broadcasting (i) two representatives of the
employees of the corporation one of whom shall be elected by the engineeringemployees of the corporation one of whom shall be elected by the engineering
4. Sec 4(1)The chairman and other members shall be appointed bySec 4(1)The chairman and other members shall be appointed by
thethe president of Indiapresident of India on the recommendation of a committeeon the recommendation of a committee
consisting of –consisting of –
(a) The Chairman of Rajya Sabha who shall be the chairman of(a) The Chairman of Rajya Sabha who shall be the chairman of
the committeethe committee
(b)The chairman of the Press Council of India(b)The chairman of the Press Council of India
(c) one nominee of the president of India(c) one nominee of the president of India
(2)The chairman and the other persons shall be persons of(2)The chairman and the other persons shall be persons of
eminence in public lifeeminence in public life. The executive member shall be a person. The executive member shall be a person
having special knowledge or practical experience in respect ofhaving special knowledge or practical experience in respect of
such matters as administration, management, education, literaturesuch matters as administration, management, education, literature
, culture, arts, music, dramatics or journalism. Ther member of the, culture, arts, music, dramatics or journalism. Ther member of the
Finance shall be a person having special knowledge in respect ofFinance shall be a person having special knowledge in respect of
financial matters and the member (Personnel) shall be a personfinancial matters and the member (Personnel) shall be a person
having special knowledge in respect of personnel managementhaving special knowledge in respect of personnel management
and administrationand administration
5. Sec 5 :The executive member shall be the chief executive of the
corporation and shall subject to the control and supervision or the board
exercise such powers and discharge such functions of the Board as it
may delegate to him
Sec 6(1)The chairman shall be a part time member and shall hold office
for a term of 6 yrs from the date on which he enters upon the office.
(2)The executive member ,Member (Finance) and the member (personnel)
shall be a whole time member and every such member shall hold office
for a term of 6 yrs from the date on which he enters upon his office
Sec 9(1)Subject to such control ,restriction and conditions as may be
prescribed ,the corporation may appoint after consultation with the
recruitment board ,The director general (Akashvani), the Director General
(DD), and other such officers and other employees as may be necessary.
(2)The method of such recruitment of such officers and employees and all
other matters connected therewith and the conditions of service of such
officers and other employees shall be such as may be provided by
regulations.
6. Sec 10(1)The corporation shall as soon as may be ,after the
appointed day and in such manner and subject to such conditions
and restrictions as may be prescribed establish for the purpose of
section 9 one or more recruitment board consisting wholly of
persons other than the members ,officers and employees of the
corporation.
Sec 12(1)Subject to the provisions of the act ,it shall be the primary
duty of the corporation to organize and conduct public
broadcasting services to inform, educate and entertain the public
and to ensure a balanced development of broadcasting on radio and
television.
(2)The Corporation shall in discharge of its functions be guided by
the following objectives namely (a )upholding the unity and integrity
of the country and the values enshrined in the Constitution
(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
(c )paying special attention to the fields of education and spread of
literacy, agriculture and rural development , environment, health
and family welfare and science and technology (d) providing
7. Adequate coverage to sports and games so as to encourage healthy
competition and spirit of sportsmanship (f) providing appropriate
programmes keeping in view the special needs of the youth (g) informing
and stimulating the national consciousness in regard to the status and
problems of the women and paying special attention to the upliftment of
the woman (h) promoting social justice and combating exploitation in
equity and such evils as untouchability and advancing the welfare of the
weaker sections of the society (i) safeguarding the rights of the working
classes and advancing their welfare (j0serving the rural and weaker
sections of the people (k) providing suitable programmes keeping in view
the special needs of the minority and tribal communities (l) taking special
steps to protect the interests of the children, the blind, the aged ,the
handicapped and other vulnerable sections of the society (m )promoting
national integration by broadcasting in a manner that facilitates
communication in the languages of India (n) providing comprehensive
broadcast coverage through the choice of the appropriate technology and
the best utilization of the br4oadcast frequencies to ensure high quality
reception(0)promoting research and development activities in order to
ensure that radio and television broadcast technology are constantly
updated (p) expanding broadcast facilities by establishing additional
channels of transmissions.
8. Sec 14(1)
There shall be established by notification as soon as may be after
the appointment day, a council to be known as Broadcasting
Council ,to receive and consider complaints and to advice the
Corporation in the discharge of it’s functions in accordance with
the objectives.
(2)The Broadcasting Council shall consist of –
1.The president and ten other members to be appointed by the
President of India from amongst persons of eminence in public
life.
2.Four members of the Parliament of whom two from the House of
people to be nominated by the Speaker thereof and two from the
Council of states to be nominated by the Chairman thereof.
3.The President shall be a whole time member and every other
member shall be a part time member and the President or the
other part time member shall hold office as such for a term of three
yrs .
9. Sec 16:As from the appointed day –
(a) All property and assets which immediately before the day
vested in the central govt for the purpose of Akashvani and DD or
both shall stand transferred to the Corporation on such terms and
conditions as may be determined by the Central government
Sec 31(1)The corporation shall prepare once in every year in such
form and within such time as may be prescribed an annual report
giving full account of its activities (including recommendations
and suggestions and action taken thereon )during the previous
year and copies thereof shall be forwarded to the central govt and
the govt shall cause the same to be laid before each house of the
parliament.
(2)The Broadcasting Council shall prepare once in every calendar
year ,in such form and within such time as may be prescribed an
annual report giving a full account of its activities during the
previous year and copies thereof shall be forwarded to the central
govt and it may in turn place it to each house of the parliament.
10. CABLE TELEVISION NETWORKS
(REGUALTION) ACT,1995
An act to regulate the operation of cable
television network in the country and for
matters connected therewith or incidental
thereto
11. Sec 3:No person shall operate a cable television network unless he is
registered as a cable operator under this act.
Sec 4(1)Any person who is operating or desires of operating a cable
television network may apply for registration as a cable operator to the
registering authority
4(2) Any application under sub section 1 shall be in form and be
accompanied by such fee as may be prescribed.
4(3)On receipt of application ,the registering authority shall satisfy itself
that the applicant has furnished all required information and on being so
satisfied ,register the applicant as a cable operator and grant to him a
certificate of such registration.
Sec (5)No person shall transmit through a cable service any programme
unless such programme is in conformity with the prescribed programme
code.
Sec (6)No person shall transmit or retransmit through a cable service
any advertisement unless such advertisement is in conformity with the
prescribed advertisement code.
12. Sec 7:Every cable operator shall maintain a register in the prescribed
form indicating therein brief , the programmes transmitted or
retransmitted through the cable service during a month and such
register shall be maintained by cable operator for a period of one year
after the actual transmission or re transmission of the said programmes.
Sec 8: Every cable operator shall from the commencement of this act,
retransmit at least two national channels and one regional language
channel of state in the prime band of DD.
Sec 8(2):The DD channels referred to in sub sec(1) shall be retransmitted
without any deletion or alteration of any programmes transmitted in
such channels
Sec 8(3):The prasar bharati may by notification in the official gazette
specify the number and name of every DD channel to be retransmitted
by cable operators.
Sec 9:No cable operator registered as a cable operator under this act
shall use any equipment in his cable television network unless such
equipment conforms to the standards of Bureau of Indian Standard
13. Sec 10: Every cable operator shall ensure that the cable television
network being operated by him does not interfere ,in any way with the
functioning of the authorized communication system
Sec (11)If an officer of the Government duly authorized for this purpose
has reasons to believe that any operator is violating the provisions he
may seize the cable operator’s equipment.
Sec 11(2) :No such equipment shall be retained by the authorized office
for a period exceeding 10 days from the date of its seizure unless the
approval of the District Judge ,within the local limits of whose
jurisdiction such seizure has been made.
Sec 12 :The equipment seized under sec (11) shall be liable to
confiscation unless the cable operator from whom the equipment has
been seized registers himself as a cable operator under sec 3 within a
period of 30 days from the date of seizure off said equipment
Sec 13:No seizure or confiscation of equipment referred to in sec 11 or
sec 12 shall prevent the infliction of any punishment to which this
person is liable.
14. Sec 14:No order adjudicating confiscation of the equipment referred to
in sec 12 shall be made unless the cable operator has been given a
notice in writing
Sec 14(2) : Provided that where no such notice is given within a period
of 10 days from the date of seizure of the equipment ,such equipment
shall be returned after expiry of that period to the cable operator from
whose possession it was seized.
Sec 15(1):Any person aggrieved by any decision of the court
adjudicating a confiscation of the equipment may prefer an appeal to the
court
Sec 15(2): The appellate court may after the appellant an opportunity of
being heard , pass such orders as it thinks fit confirming , modifying or
revising the decision.
Sec 15(3):No further appeal shall lie against the order of the court.
15. Sec 16:Whoever contravenes any of the provisions of the act shall be
punishable –
1(a) for the first offence ,with imprisonment for a term which may extend
to two yrs and two thousand rupees fine or both.
(b)For the second or subsequent offence with imprisonment which may
extend to five yrs or with fine which may extend to ten thousand rupees
or both.
Sec 17:Where an offence under this act has been committed by a
company ,every person who at the time the offence was committed was
in charge of and was responsible to the company for the conduct of the
buisness of the company shall be deemed to be guilty to the offence.
Sec 19: Where an authorized officer thinks it necessary or expedient so
to do in public intrest ,he may by order prohibit any cable operator from
transmitting or retransmitting any programme or channel if it is not in
confirmity with the prescribed programme code or advertising code and
likely to promote disharmony and feelings of enemity or disturb public
tranquility.
Sec 20:Where the central govt.thinks it necessary so to do in public
interest it may prohibit the operation of any cable television network in
17. (3)The central government may specify the number of free to air
channels to be included in the package of channels forming the
basic service tier and different numbers may be specified for
different states, cities, towns or areas as the case may be.
(4)The central government shall specify the maximum amount
which a cable operator may demand from the subscriber for
receiving the programmes transmitted in the basic service tier
provided by such cable operator.
(7)Every cable operator shall publicise,in the prescribed manner to
the subscribers the subscription rates and the periodic intervals at
which such subscriptions are payable for receiving each pay
channel provided by such operator
18. (9)Every cable operator shall submit a report to the central government in
the prescribed form and manner containing the information regarding-
1.The number of total subscribers
2.The subscription rates
3.Number of subscribers receiving programmes transmitted in basic
service tier or particular programme or set of programmes transmitted on
pay channel.
In respect of cable services provide by such cable operator through a
cable television network. Such report shall be submitted periodically at
such intervals as may be prescribed and shall also contain the rate of
amount ,if any payable by the cable operator to any broadcaster.
