THE PRASAR BHARATI (BROADCASTINGCORPORATION OF INDIA) ACT, 1990 
____________ 

ARRANGEMENT OF SECTIONS 
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CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 

PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) 

3.  Establishment and composition of Corporation. 
4.  Appointment of Chairman and other Members. 
5.  Powers and functions of Executive Member. 
6.  Term of office, conditions of service, etc., of Chairman and other Members. 
7.  Removal and suspension of Chairman and Members. 
8.  Meetings of Board. 
9.  Officers and other employees of Corporation. 
10.  Establishment of Recruitment Boards. 
11.  Status of officers and employees. 
11A. Section 11 not to apply to certain officers and employees. 
11B. Transfer of posts of Akashvani and Doordarshan to Corporation. 
12.  Functions and powers of Corporation. 
13.  Parliamentary Committee. 
14.  Establishment of Broadcasting Council, term of office and removal, etc., of members thereof. 
15.  Jurisdiction of, and the procedure to be followed by, Broadcasting Council. 

CHAPTER III 

ASSETS, FINANCES AND ACCOUNTS 

16.  Transfer of certain assets, liabilities, etc., of Central Government to Corporation. 
17.  Grants, etc., by Central Government. 
18.  Fund of Corporation. 
19.  Investment of moneys. 
20.  Annual Financial Statement of the Corporation. 
21.  Accounts and audit of Corporation. 
22.  [Omitted.]. 

CHAPTER IV 

MISCELLANEOUS 

23.  Power of Central Government to give directions. 
24.  Power of Central Government to obtain information. 
25.  Report to Parliament in certain matters and recommendations as to action against the Board. 
26.  Office of member not to disqualify a Member of Parliament. 
27.  Chairman, Members, etc., to be public servants. 

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SECTIONS 

28.  Protection of action taken in good faith. 
29.  Authentication of orders and other instruments of Corporation. 
30.  Delegation of powers. 
31.  Annual report. 
32.  Power to make rules. 
33.  Power to make regulations. 
34.  Rules and regulations to be laid before Parliament. 
35.  Power to remove difficulties. 

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THE PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) ACT, 1990 

ACT NO. 25 OF 1990 

[12th September, 1990.]  

An Act to provide for the establishment of a Broadcasting Corporation for 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:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Prasar  Bharati 

(Broadcasting Corporation of India) Act, 1990. 

(2) It extends to the whole of India. 
(3) It shall come into force on such date1 as the Central Government may, by notification, appoint. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(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; 

(b) “appointed day” means the date appointed under section 3; 

(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; 

(d) “Board” means the Prasar Bharati Board; 

(e) “Broadcasting Council” means the Council established under section 14; 

(f) “Chairman” means the Chairman of the Corporation appointed under section 4; 

(g) “Corporation” means the Prasar Bharati (Broadcasting Corporation of India) established under 

section 3; 

(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; 

(i) “elected Member” means a Member elected under section 3; 

(j) “Executive Member” means the Executive Member appointed under section 4; 

(k) “kendra” means any telecasting centre with studios or transmitters or both and includes a relay 

station; 

(l) “Member” means a Member of the Board; 

(m) “Member (Finance)” means the Member (Finance) appointed under section 4; 

(n) “Member (Personnel)” means the Member (Personnel) appointed under section 4; 

(o) “Nominated Member” means the Member nominated by the Union Ministry of  Information 

and Broadcasting under section 3; 

1. 15th September, 1997, vide notification No. S.O. 509(E), dated 22nd July, 1997, see Gazette of India, Extraordinary, Part II,                   

sec. 3(ii). 

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(p)  “Non-lapsable  Fund”  means  the  Fund  created  from  the  commercial  revenues  of  Akashvani 

and Doordarshan to meet expenditure on certain schemes; 

(q) “notification” means a notification published in the Official Gazette; 

(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; 

(s) “prescribed” means prescribed by rules made under this Act; 

(t) “Recruitment Board” means a board established under sub-section (1) of section 10; 

(u) “regulations” means regulations made by the Corporation under this Act; 

(v) “station” means any broadcasting station with studios or transmitters or both and includes a 

relay station; 

(w)  “Whole-time  Member”  means 

the  Executive  Member,  Member 

(Finance)  or  

Member (Personnel); 

(x) “year” means the financial year.  

CHAPTER II 

PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA) 

3. Establishment and composition of Corporation.—(1)With effect from such date as the Central 
Government may by notification appointin this behalf, there shall be established for the purposes of this 
Act aCorporation, to be known as the Prasar Bharati (Broadcasting Corporation ofIndia). 

(2) The Corporation shall be a body corporate by the nameaforesaid, having perpetual succession and 
a common seal with power to acquire,hold and dispose of property, both movable and immovable, and to 
contract, andshall by the said name sue and be sued. 

(3)  The  headquarters  of  the  Corporation  shall  be  at  NewDelhi  and  the  Corporation  may  establish 
offices,  kendras  or  stations  at  otherplaces  in  India  and,  with  the  previous  approval  of  the  Central 
Government,outside India. 

(4) The general superintendence, direction and managementof the affairs of the Corporation shall vest 
in the Prasar Bharati Board whichmay exercise all such powers and do all such acts and things as may be 
exercisedor done by the Corporation under this Act. 

(5) The Board shall consist of— 

(a) a Chairman; 

(b) oneExecutive Member; 

(c) one Member(Finance); 

(d) one Member(Personnel); 

(e) six Part-time Members; 

(f) Director-General(Akashvani), ex officio; 

(g) Director-General (Doordarshan), ex officio; 

(h) onerepresentative of the Union Ministry of Information and Broadcasting, to be nominated by 

that Ministry; and 

(i) tworepresentatives of the employees of the Corporation, of whom one shall beelected by the 
engineering  staff  from  amongst  themselves  and  one  shall  beelected  by  the  other  employees  from 
amongst themselves. 

(6) The Corporation may appoint such committees as may benecessary for the efficient performance, 

exercise and discharge of its functions, powers and duties: 

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Provided that all or a majority of the members of eachcommittee shall be Members and a member of 
any such committee who is not aMember shall have only the right to attend meetings of the committee 
and takepart in the proceedings thereof, but shall not have the right to vote. 

(7)  The  Corporation  may  associate  with  itself,  in  suchmanner  and  for  such  purposes  as  may  be 
provided by regulations, any person whoseassistance or advice it may need in complying with any of the 
provisions of thisAct and a person so associated shall have the right to take part in thediscussions of the 
Board relevant to the purposes of which he has beenassociated, but shall not have the right to vote. 

(8) No act or proceeding of the Board or of any committeeappointed by it under sub-section (6) shall 

be invalidated merely by reason of— 

(a) any vacancy in, or any defect in the constitution of,the Board or such committee; or 

(b)  any  defect  in  the  appointment  of  a  person  acting  as  aMember  or  a  member  of  such 

committee;or 

(c) any irregularity in the procedure of the Board or suchcommittee not affecting the merits of the 

case.  

4.  Appointment  of  Chairman  and  other  Members.—(1)  The  Chairman  and  the  other  Members, 
except the ex officio Members, the Nominated Member and the elected Members shall be appointed by 
the President of India on the recommendation of a committee consisting of— 

(a) the Chairman of the Council of States, who shall be the Chairman of the Committee; 

(b) the Chairman of the Press Council of India established  under section 4 of the Press Council 

Act, 1978(37 of 1978); and 

(c) one nominee of the President of India. 

(2)  No  appointment  of  a  Member  shall  be  invalidated  merely  by  reason  of  any  vacancy  in,  or  any 

defect in the constitution of, the committee appointed under sub-section (1). 

(3)  The  Chairman  and  the  Part-time  Members  shall  be  persons  of  eminence  in  public  life;  the 
Executive Member shall be a person having special knowledge or practical experience in respect of such 
matters as administration, management, broadcasting, education, literature, culture, arts, music, dramatics 
or journalism; the Member (Finance) shall be a person having special knowledge or practical experience 
in respect of financial matters and the Member (Personnel) shall be a person having special knowledge or 
practical experience in respect of personnel management and administration. 

(4) The recommendations made by the committee constituted under sub-section (1) shall be binding 

for the purposes of appointment under this section. 

5.  Powers  and  functions  of  Executive  Member.—TheExecutive  Member  shall  be  the  Chief 
Executive of the Corporation and shall,subject to the control and supervision of the Board, exercise such 
powers anddischarge such functions of the Board as it may delegate to him. 

6.  Term  of  office,  conditions  of  service,  etc.,  of  Chairman  and  other  Members.—1[(1)  The 
Chairman  shall  be  Part-time  Member  and  shall  hold  office  for  a  term  of  three  years  from  the  date  on 
which he enters upon his office or until he attains the age of seventy years, whichever is earlier: 

Provided that any person holding office as a Chairman immediately before the commencement of the 
Prasar Bharati (Broadcasting Corporation of India) Amendment Act, 2008 (12 of 2008) shall, in so far as 
his  appointment  is  inconsistent  with  the  provisions  of  this  sub-section,  cease  to  hold  office  on  such 
commencement as such Chairman and shall not be entitled to any compensation because of his ceasing to 
hold such office.] 

(2) 1*** the Member (Finance) and the Member (Personnel) shall be Whole-time Members and every 
such Member shall hold 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.  

1.Subs. by Act 12 of 2008, s.2,for sub-section (1) (w.e.f .7-2-2008). 

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2[(2A)  The  Executive  Member  shall  be  a  Whole-time  Member  and  shall  hold  office  for  a  term  of  
five years from the date on which he enters upon his office or until he attains the age of sixty-five years, 
whichever is earlier: 

Provided  that  any  person  holding  office  as  an  Executive  Member  immediately  before  the 
commencement  of  the  Prasar  Bharati  (Broadcasting  Corporation  of  India)  Amendment  Act,  2008 
(12  of  2008),  shall, in  so  far  as  his  appointment  is  inconsistent  with  the  provisions  of  this  sub-section, 
cease to hold office on such commencement as such Executive Member and shall not be entitled to any 
compensation because of his ceasing to hold such office.] 

(3) The term of office of Part-time Members shall be six years, but one-third of such Members shall 

retire on the expiration of every second year. 

(4) The term of office of an elected Member shall be two years or till he ceases to be an employee of 

the Corporation, whichever is earlier. 

(5)  As  soon  as  may  be  after  the  establishment  of  the  Corporation,  the  President  of  India  may,  by 
order,  make  such  provision  as  he  thinks  fit  for  curtailing  the  term  of  office  of  some  of  the  Part-time 
Members  then  appointed  in  order  that  one-third  of  the  Members  holding  office  as  such  Part-time 
Members shall retire in every second year thereafter. 

(6) Where before the expiry of the term of office of a person holding the office of Chairman, or any 
other Member, a vacancy arises, for any reason whatsoever, such vacancy shall be deemed to be a casual 
vacancy and the person appointed or elected to fill such vacancy shall hold office for the unexpired period 
of the term for which his predecessor in office would have held office if such vacancy had not arisen. 

(7) The Whole-time Members shall be the employees of the Corporation and as such shall be entitled 
to  such  salaries  and  allowances  and  shall  be  subject  to  such  conditions  of  service  in  respect  of  leave, 
pension (if any), provident fund and other matters as may be prescribed: 

Provided  that  the  salaries  and  allowances  and  the  conditions  of  service  shall  not  be  varied  to  their 

disadvantage after their appointment. 

(8) The Chairman and Part-time Members shall be entitled to such allowances as may be prescribed.  

7.  Removal  and  suspension  of  Chairman  and  Members.—(1)Subject  to  the  provisions  of  
sub-section (3), the Chairman or any other Member,except an ex officio Member, the Nominated Member 
and an elected Member, shallonly be removed from his office by order of the President of India on the 
groundof misbehavior after the Supreme Court, on a reference being made to it by thePresident, has, on 
inquiry held in accordance with such procedure as the SupremeCourt may by rules provide, reported that 
the Chairman or such other Member, asthe case may be, ought, on such ground, be removed. 

(2)  ThePresident  may  suspend  from  office  the  Chairman  or  other  Member  except  an  exofficio 
Member, the Nominated Member or an elected Member, in respect of whom areference has been made to 
the Supreme Court under sub-section (1) until thePresident has passed orders on receipt of the report of 
the Supreme Court onsuch reference. 

(3)Notwithstanding  anything  contained  in  sub-section  (1),  the  President  may,  byorder,  remove  the 

Chairman or any Whole-time Member from his office if suchChairman or such Whole-time Member— 

(a) ceases to be a citizen of India; or 

(b) is adjudged an insolvent; or 

(c) engages during his term of office in any paidemployment outside the duties of his office; or 

(d) is convicted of any offence involving moral turpitude;or 

(e) is, in the opinion of the President, unfit to continuein office by reason of infirmity of body or 

mind: 

1.  Words “The Executive Member,” omitted by Act 12 of 2008, s. 2 (w.e.f. 7-2-2008). 
2.  Ins. by s. 2, ibid. (w.e.f. 7-2-2008). 

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Provided  that  the  President  may,  by  order,  remove  anyPart-time  Member  from  his  office  if  he  is 
adjudged  an  insolvent  or  is  convictedof  any  offence  involving  moral  turpitude  or  where  he  is,  in  the 
opinion of thePresident, unfit to continue in office by reason of infirmity of body or mind. 

(4)  If  the  Chairman  or  any  Whole-time  Member,  except  any  exofficio  Member,  the  Nominated 
Member  or  any  elected  Member,  is,  or  becomes  in  anyway  concerned  or  interested  in  any  contract  or 
agreement made by or on behalf ofthe Corporation 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 emolumentarising therefrom than 
as a member, and in common with other members of anincorporated company, he shall, for the purposes 
of sub-section (1), be deemedto be guilty of misbehaviour. 

(5)  If  a  Part-time  Member  is,  or  becomes  in  any  wayconcerned,  or  interested  in  any  contract  or 
agreement  made  by  or  on  behalf  of  theCorporation,  he  shall,  for  the  purposes  of  sub-section  (1),  be 
deemed to beguilty of misbehaviour. 

(6) The Chairman or any other Member may resign his officeby giving notice thereof in writing to the 
President of India and on suchresignation being accepted, the Chairman or other Member shall be deemed 
to havevacated his office. 

8. Meetings of Board.—(1) The Board shall meet at such times and places and shall observe such 
rules  of  procedure  in  regard  to  the  transaction  of  business  at  its  meetings  (including  the  quorum  at 
meetings) as may be provided by regulations: 

Provided that there shall not be less than six meetings every year but three months shall not intervene 

between one meeting and the next meeting. 

(2) A Member shall be deemed to have vacated his office if he absents himself for three consecutive 

meetings of the Board without the leave of the Chairman. 

(3)  The  Chairman  shall  preside  at  the  meetings  of  the  Board  and  if  for  any  reason  he  is  unable  to 
attend any meeting, the Executive Member and in the absence of both, any other Member elected by the 
Members present at such meeting, shall preside at the meeting. 

(4) All questions which come up before any meeting of the Board shall be decided by a  majority of 
the votes of the Members present and voting and, in the event of an equality of votes, the Chairman, or in 
his absence, the person presiding, shall have and exercise a second or casting vote. 

9.  Officers  and  other  employees  of  Corporation.—(1)  Subject  to  such  control,  restrictions  and 
conditions  as  may  be  prescribed,  the  Corporation  may  appoint,  after  consultation  with  the  Recruitment 
Board, the Director-General (Akashvani), the Director-General (Doordarshan) and such other officers and 
other employees as may be necessary. 

(2)  The  method  of  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. 

10. Establishment of Recruitment Boards.—(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  purposes  of  section  9,  one  or  more  Recruitment  Boards  consisting  wholly  of  persons 
other than the Members, officers and other employees of the Corporation: 

Provided that for the purposes of appointment to the posts carrying scales of pay which are not less 
than  that  of  a  Joint  Secretary  to  the  Central  Government,  the  Recruitment  Board  shall  consist  of  the 
Chairman, other Members, the ex officio Members, the Nominated Member and the elected Members. 

(2)  The  qualifications  and  other  conditions  of  service  of  the  members  constituting  the  Recruitment 

Board and the period for which such members shall hold office, shall be such as may be prescribed. 

1[11. Status of officers and employees.—(1) All officers and employees recruited for the purposes of 
Akashvani or Doordarshan before the appointed day and in service in the Corporation as on the 1st day of 

1. Subs. by Act 6 of 2012, s. 2, for section 11 (w.e.f. 8-3-2012). 

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April, 2000, shall be on deemed deputation to the Corporation with effect from the 1st day of April, 2000, 
and shall so continue till their retirement. 

(2)  All  officers  and  employees  recruited  during  the  period  on  or  after  the  appointed  day  till  the  
5th day of October, 2007, shall be on deemed deputation to the Corporation with effect from the 1st day 
of  April,  2000  or the  date of  their joining  service  in  the  Corporation,  whichever  is later  and  until  their 
retirement. 

Explanation.—For the purposes of sub-sections (1) and (2), “officers and employees recruited” means 
officers  and  employees  recruited  either  under  the  proviso  to  article  309  of  the  Constitution  or  in 
accordance with the regulations made under the Act, but shall not include persons engaged or appointed 
on daily wages, casual, ad hoc or work charged basis. 

(3) The officers and employees referred to in sub-section (1) and sub-section (2) shall be entitled to 

the pay and all other benefits as admissible to an employee of the Central Government: 

Provided that such officers and employees shall not be entitled to any deputation allowance. 

(4) Notwithstanding anything contained in any other law for the time being in force, the Corporation 
shall have the disciplinary and supervisory powers and full control on the officers and employees referred 
to  in  sub-section  (1)  and  sub-section  (2),  including  the  power  to  transfer  them  from  one  place,  post  or 
media to another, and to suspend, initiate disciplinary proceedings and impose major or minor penalties: 

Provided  that  the  power  to  impose  major  penalties  of  compulsory  retirement,  removal  or  dismissal 

from service shall be exercised by the Central Government. 

(5)  All  officers  and  employees  recruited  after  the  5th  day  of  October,  2007  shall  be  officers  and 
employees of the Corporation and shall be governed by such conditions of service as may be specified in 
the regulations. 

11A. Section 11 not to apply to certain officers and employees.—(1) The provisions of section 11 
shall  not  apply  to  officers  and  employees  of  the  Indian  Information  Service,  the  Central  Secretariat 
Service  or  any  other  service  borne  on  any  cadre  outside  Akashvani  or  Doordarshan,  who  have  been 
working in Akashvani or Doordarshan before the appointed day or in service in the Corporation after that 
day. 

(2) The terms and conditions of service in the Corporation of officers and employees referred to in 

sub-section (1) shall be such as may be prescribed. 

11B.  Transfer  of  posts  of  Akashvani  and  Doordarshan  to  Corporation.—(1)  All  posts  in  the 
erstwhile Akashvani and Doordarshan other than the posts borne on the strength of the cadres referred to 
insub-section (2) shall be deemed to have been transferred to the Corporation with effect from the 1st day 
of April, 2000. 

(2)  All  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, in so far as 
such posts are concerned with the Corporation, shall be determined in such manner and on such terms and 
conditions as may be prescribed.] 

12. Functions and powers of Corporation.—(1) Subject to the provisions of this Act, 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 broadcasting on radio and television. 

Explanation.—For the removal of doubts, it is hereby declared that the provisions of this section shall 

be in addition to, and not in derogation of, the provisions of the Indian Telegraph Act, 1885(13 of 1985). 

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(2)  The  Corporation  shall,  in  the  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 
including contrasting views without advocating any opinion or ideology of its own; 

(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; 

(d) providing adequate coverage to the diverse cultures and languages of the various regions of 

the country by broadcasting appropriate programmes; 

(e) providing adequate coverage to sports and games so as to encourage healthy competition and 

the 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 

women and paying special attention to the upliftment of women; 

(h)  promoting  social  justice  and  combating  exploitation,  inequality  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; 

(j)  serving  the  rural  and  weaker  sections  of  the  people  and  those  residing  in  border  regions, 

backward or remote areas; 

(k) providing suitable programmes keeping in view the special needs of the minorities and tribal 

communities; 

(l) taking  special  steps  to  protect the interests  of  children, the  blind,  the aged,  the  handicapped 

and other vulnerable sections of the people; 

(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)  providing  comprehensive  broadcast  coverage  through  the  choice  of  appropriate  technology 

and the best utilisation of the broadcast frequencies available and ensuring high quality reception; 

(o)  promoting  research  and  development  activities  in  order  to  ensure  that  radio  and  television 

broadcast technology are constantly updated; and 

(p)  expanding  broadcasting  facilities  by  establishing  additional  channels  of  transmission  at 

various levels. 

(3) In particular, and without prejudice to the generality of the foregoing 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 

programmes; 

(b) to establish a system for the gathering of news for radio and television; 

(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; 

(d) to establish and maintain a library or libraries of radio, television and other materials; 

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(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; 

(f) to provide such other services as may be specified by regulations. 

(4) Nothing in sub-sections (2) and (3) shall prevent the Corporation from managing on behalf of the 
Central  Government  and  in  accordance  with  such  terms  and  conditions  as  may  be  specified  by  that 
Government the broadcasting of External Services and monitoring of broadcasts made by organisations 
outside  India  on  the  basis  of  arrangements  made  for  reimbursement  of  expenses  by  the  Central 
Government. 

(5)  For  the  purposes  of  ensuring  that  adequate  time  is  made  available  for  the  promotion  of  the 
objectives set out in this section, the Central Governmentshall have the power to determine the maximum 
limit of broadcast time in respect of the advertisement. 

(6) The Corporation shall be subject to no civil liability on the ground merely that it failed to comply 

with any of the provisions of this section. 

(7) The Corporation shall have power to determine and levy fees and other service charges for or in 

respect of the advertisements and such programmes as may be specified by regulations: 

Provided that the fees and other service charges levied and collected under this sub-section shall not 

exceed such limits as may be determined by the Central Government, from time to time. 

13.  Parliamentary  Committee.—(1)  There  shall  be  constituted  a  Committee  consisting  of  
twenty-two Members of Parliament, of whom fifteen from the House of the People to be elected by the 
Members  thereof  and  seven  from  the  Council  of  States  to  be  elected  by  the  Members  thereof  in 
accordance  with  the  system  of  proportional  representation  by  means  of  the  single  transferable  vote,  to 
oversee that the Corporation discharges its functions in accordance with the provisions of this Act and, in 
particular, the objectives set out in section 12 and submit a report thereon to Parliament. 

(2) The Committee shall function in accordance with such rules as may be made by the Speaker of the 

House of the People. 

14.  Establishment  of  Broadcasting  Council,  term  of  office  and  removal,  etc.,  of  members 
thereof.—(1)  There  shall  be  established,  by  notification,  as  soon  as  may  be  after  the  appointed  day,  a 
Council,  to  be  known  as  the  Broadcasting  Council,  to  receive  and  consider  complaints  referred  to  in 
section  15  and  to  advise  the  Corporation  in  the  discharge  of  its  functions  in  accordance  with  the 
objectives set out in section 12. 

(2) The Broadcasting Council shall consist of— 

(i)  a  President  and  ten  other  members  to  be  appointed  by  the  President  of  India  from  amongst 

persons of eminence in public life; 

(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. 

(3) The President of the Broadcasting Council shall be a whole-time member and every other member 
shall be a part-time member and the President or the part-time member shall hold office as such for a term 
of three years from the date on which he enters upon his office. 

(4)  The  Broadcasting  Council  may  constitute  such  number  of  Regional  Councils  as  it  may  deem 

necessary to aid and assist the Council in the discharge of its functions. 

(5)  The  President  of  the  Broadcasting  Council  shall  be  entitled  to  such  salary  and  allowances  and 
shall  be  subject  to  such  conditions  of  service  in  respect  of  leave,  pension  (if  any),  provident  fund  and 
other matters as may be prescribed: 

Provided  that  the  salary  and  allowances  and  the  conditions  of  service  shall  not  be  varied  to  the 

disadvantage of the President of the Broadcasting Council after his appointment. 

10 

 
(6)  The  other  members  of  the  Broadcasting  Council  and  the  members  of  the  Regional  Councils 

constituted under sub-section (4) shall be entitled to such allowances as may be prescribed. 

15.  Jurisdiction  of,  and  the  procedure  to  be  followed  by,  Broadcasting  Council.—(1)  The 

Broadcasting Council shall receive and consider complaints from— 

(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; 

(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. 

(2) A complaint under sub-section (1) shall be made in such manner and within such period as may be 

specified by regulations. 

(3)  The  Broadcasting  Council  shall  follow  such  procedure  as  it  thinks  fit  for  the  disposal  of 

complaints received by it. 

(4) If the complaint is found to be justified either wholly or in part, the Broadcasting Council shall 

advise the Executive Member to take appropriate action. 

(5) If the Executive Member is unable to accept the recommendation of the Broadcasting Council, he 

shall place such recommendation before the Board for its decision thereon. 

(6)  If  the  Board  is  also  unable  to  accept  the  recommendation  of  the  Broadcasting  Council,  it  shall 

record its reasons therefor and inform the Broadcasting Council accordingly. 

(7) Notwithstanding anything contained in sub-sections (5) and (6), where the Broadcasting Council 
deems it appropriate, it may, for reasons to be recorded in writing, require the Corporation to broadcast its 
recommendations with respect to a complaint in such manner as the Council may deem fit. 

CHAPTER III 

ASSETS, FINANCES AND ACCOUNTS 

16. Transfer of certain assets, liabilities, etc., of Central Government to Corporation.—As from 

the appointed day,— 

(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; 

(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; 

(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; 

(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. 

11 

 
 
 
17.  Grants,  etc.,  by  Central  Government.—For  the  purposes  of  enabling  the  Corporation  to 
discharge  its  functions  efficiently  under this  Act,  the  Central  Government  may,  after  due  appropriation 
made by Parliament by law in this behalf, pay to the Corporation in each financial year,— 

(i)  the  proceeds  of  the  broadcast  receiver  licence  fees,  if  any,  as  reduced  by  the  collection 

charges; and 

(ii) such other sums of money as that Government considers necessary,  

by way of equity, grant-in-aid or loan.  

18. Fund of Corporation.—(1) The Corporation shall have its own Fund and all the receipts of the 
Corporation (including the amounts which stand transferred 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 one or more nationalised banks in such 

manner as the Corporation may decide. 

(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. 

Explanation.—For the purposes of this section, “nationalised bank” means a corresponding new bank 
specified  in  the  First  Schedule  to  the  Banking  Companies  (Acquisition  and  Transfer  of  Undertakings) 
Act,  1970(5  of  1970)  or  a  corresponding  new  bank  specified  in  the  First  Schedule  to  the  Banking 
Companies (Acquisition and Transfer of Undertakings) Act, 1980(40 of 1980).  

19. Investment of moneys.—The Corporation may invest its moneys in the securities of the Central 

Government or any State Government or in such other manner as may be prescribed. 

20. Annual Financial Statement of the Corporation.—(1) The Corporation shall prepare, in each 

financial year, an Annual Financial Statement for the next financial year showing separately— 

(a) the expenditure which is proposed to be met from the internal resources of the Corporation; 

and 

(b) the sums required from the Central Government to meet other expenses, and distinguishing— 

(i) revenue expenditure from other expenditure; and 

(ii) non-plan expenditure from plan expenditure. 

(2) The Annual Financial Statement shall be prepared in such form and forwarded at such time to the 

Central Government for its approval as may be agreed to by that Government and the Corporation.  

21. Accounts and audit of Corporation.—(1) The Corporation shall maintain proper accounts and 
other relevant records and prepare an annual statement of accounts in such form and in such manner as 
may be prescribed. 

(2) The accounts of the Corporation shall be audited by the Comptroller and Auditor-General of India 
at such intervals as may be specified 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 and  any  person appointed  by  him  in  connection  with the 
audit  of  the  accounts  of  the  Corporation  shall  have  the  same  rights  and  privileges  and  authority  in 
connection 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 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  the  same  to  be  laid  before  each 
House of Parliament.  

12 

 
 
22. [Corporation not liable to be taxed.] Omitted by Act 20 of 2002, s. 163 (w.e.f.1-4-2003). 

CHAPTER IV 

MISCELLANEOUS 

23.  Power  of  Central  Government  to  give  directions.—(1)  The  Central  Government  may,  from 
time  to  time  as  and  when  occasion  arises,  issue  to  the  Corporation  such  directions  as  it  may  think 
necessary  in  the interests  of  the  sovereignty,  unity  and  integrity  of  India  or  the security  of  the  State  or 
preservation of public order requiring it not to make a broadcast on a matter specified in the direction or 
to make a broadcast on any matter of public importance specified in the direction. 

(2)  Where  the  Corporation  makes  a  broadcast  in  pursuance  of  the  direction  issued  under  
sub-section (1), the fact  that such broadcast has been  made in pursuance of such direction may also be 
announced along with such broadcast, if the Corporation so desires. 

(3)  A  copy  of  every  direction  issued  under  sub-section  (1)  shall  be  laid  before  each  House  of 

Parliament. 

24. Power of Central Government to obtain information.—The Central Government may require 

the Corporation to furnish such information as that Government may consider necessary. 

25.  Report  to  Parliament  in  certain  matters  and  recommendations  as  to  action  against  the 
Board.—(1)Where  the  Board  persistently  makes  default  in  complying  with  any  directionsissued  under 
section  23  or  fails  to  supply  the  information  required  undersection  24,  the  Central  Government  may 
prepare a report thereof and lay itbefore each House of Parliament for any recommendation thereof as to 
any action(including supersession of the Board) which may be taken against the Board. 

(2)On the recommendation of the Parliament, the President may by notificationsupersede the Board 

for such period not exceeding six months as may be specifiedin the notification: 

Provided  that  before  issuing  thenotification  under  this  sub-section,  the  President  shall  give  a 
reasonableopportunity to the Board to show cause as to why it should not be superseded andshall consider 
the explanations and objections, if any, of the Board. 

(3)Upon the publication of the notification under sub-section (2),— 

(a)allthe Members shall, as from the date of supersession, vacate their offices as such; 

(b)allthe  powers,  functions  and  duties  which  may,  by  or  under  the  provisions  of  thisAct  be 
exercised or discharged by or on behalf of the Board, shall, until theBoard is reconstituted under this 
Act, be exercised and discharged by suchperson or persons as the President may direct. 

(4)  On  the  expiration  of  the  period  of  supersession  specified  in  the  notificationissued  under  
sub-section (2), the President may reconstitute the Board by freshappointments, and in such a case any 
person  who  had  vacated  his  office  underclause  (a)  of  sub-section  (3)  shall  not  be  disqualified  for 
appointment: 

Provided that the President may, at any time before theexpiration of the period of supersession, take 

action under this sub-section. 

(5)The Central Government shall cause the notification issued under sub-section (2)and a full report 

of the action taken under this section to be laid before eachHouse of Parliament. 

26. Office of member not to disqualify a Member of Parliament.—It is hereby declared that the 
office of the member of the Broadcasting Council or of the Committee constituted under section 13 shall 
not disqualify its holder for being chosen as, or for being, a Member of either House of Parliament. 

27.Chairman,  Members,  etc.,  to  be  public  servants.—The  Chairman  and  every  other  Member, 
every  officer  or  other  employee  of  the  Corporation  and  every  member  of  a  Committee  thereof,  the 
President  and  every  member  of  the  Broadcasting  Council  or  every  member  of a  Regional  Council  or a 
Recruitment Board shall be deemed to be a public servant within the meaning of section 21 of the Indian 
Penal Code(45 of 1860). 

13 

 
28. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against the 
Corporation,the  Chairman  or  any  Member  or  officer  or  other  employee  thereof  or  the  President  or  a 
member  of  the  Broadcasting  Council  or  a  member  of  a  Regional  Council  or  a  Recruitment  Board  for 
anything which is in good faith done or intended to be done in pursuance of this Act or of any rules on 
regulations made thereunder. 

29. Authentication of orders and other instruments of Corporation.—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 Executive Member or by any officer of the Corporation authorised 
by him in this behalf. 

30.  Delegation  of  powers.—The  Corporation  may,  by  general  or  special  order,  delegate  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  therein,  such  of  its  powers  and  duties  under  this  Act  as  it  may 
deem fit. 

31.  Annual  report.—(1)  The  Corporation  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 
(including the recommendations and suggestions made by the Broadcasting Council and the action taken 
thereon) 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. 

(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  Government  and  that  Government  shall  cause  the 
same to be laid before each House of Parliament. 

32.  Power  to  make  rules.—(1)  The  Central  Government  may,  by  notification,  make  rules  for 

carrying out the provisions of this Act. 

(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:— 

(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; 

(b)  the  allowances  payable  to  the  Chairman  and  Part-time  Members  under  sub-section  (8)  of 

section 6; 

(c) the control, restrictions and conditions subject to which the Corporation may appoint officers 

and other employees under sub-section (1) of section 9; 

(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; 

(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; 

1[(f)  the  terms  and  conditions  of  service  in  the  Corporation  of  officers  and  employees  under  

sub-section (2) of section 11A; 

(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;] 

1. Subs. by Act 6 of 2012, s. 3, for clause (f) (w.e.f. 8-3-2012). 

14 

 
                                                           
(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; 

(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; 

(i) the manner in which the Corporation may invest its moneys under section 19; 

(j) the form and the manner in which the annual statement of accounts shall be prepared under 

sub-section (1) of section 21; 

(k) the form in which, and the time within which the Corporation and the Broadcasting Council 

shall prepare their annual report under section 31; 

(l) any other matter which is required to be, or may be, prescribed. 

33.  Power  to  make  regulations.—(1)  The  Corporation  may,  by  notification, make  regulations  not 
inconsistent with this Act and the rules made thereunder for enabling it to perform its functions under this 
Act. 

(2) Without prejudice to the generality of the foregoing power such regulations may provide for all or 

any of the following matters, namely:— 

(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; 

(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; 

(c) the methods of recruitment and conditions of service of officers and other employees of the 

Corporation under sub-section (2) of section 9; 

1[(d) the conditions of service of officers and employees under sub-section (5) of section 11;] 
2* 

* 

* 

* 

* 

(f) the services which may be provided by the Corporation under clause (f) of sub-section (3) of 

section 12; 

(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; 

(h)  the  manner  in  which  and  the  period  within  which  complaints  may  be  made  under  

sub-section (2) of section 15; 

(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: 

Provided  that  the  regulations  under  clause  (c)  or  clause  (d)  shall  be  made  only  with  the  prior 

approval of the Central Government. 

34.  Rules  and  regulations  to  be  laid  before  Parliament.—Every  rule  and  every  regulation  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 regulation, or 
both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter 
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such 

1. Subs. by Act 6 of 2012, s. 4, for clause (d) (w.e.f. 8-3-2012). 
2. Clause (e) omitted by s. 4, ibid. (w.e.f. 8-3-2012). 

15 

 
 
 
 
 
 
 
 
                                                           
modification or  annulment shall be without prejudice to the validity of anything previously done under 
that rule or regulation. 

35. Power to remove difficulties.—If any difficulty arises in giving effect to the provisions of this 
Act, the Central Government may, by order, published in the Official Gazette, make such provisions, not 
inconsistent with the provisions of this Act, as it may deem necessary, for the removal of the difficulty: 

Provided  that  no  such  order  shall  be  made  after  the  expiry  of  a  period  of  three  years  from  the 

appointed day. 

16 

 
