Chapter - 3
A Review of Provisions of the
Prasar Bharati Act, 1990
3.1 In the light of the impressions and insights gathered in
course of the hearings and on a study of the representations made, the Group
is of the opinion that Prasar Bharati should be a Statutory Corporation as envisaged
in the Act. The Preamble to this Act may be amplified as follows:
"An Act is to be provided for the establishment
of a Broadcasting Corporation of India, to be known as Prasar Bharati for providing
public service broadcasting and fulfil the basic information, education and
entertainment needs of the people and to define its composition, functions and
powers and to provide for matters connected therewith or incidental thereto."
3.2 It is necessary to split Doordarshan and AIR into two completely
separate wings under the corporate umbrella of the Prasar Bharati. True that
historically, Doordarshan has emerged out of AIR, but, of late, it appears to
have grabbed much of the limelight and media attention. Although the service
cadres, by and large, continued to be the same but, in actual practice, officers
who are once posted in Doordarshan have a tendency to resist return to AIR.
This creates a lot of internecine bickering in the service cadres of the AIR
and Doordarshan organisation which affects the morale of the employees and is
not conducive to the degree of efficiency and motivation which would be desirable
in the functioning of the two organisations. Doordarshan has been generating
sizeable advertising and other revenue resources in recent years whereas AIR,
by and large, lagged far behind until very recently with the advent of the FM.
There are some signs of a new spirit in AIR in regard to the raising of advertising
and licensing revenue. On the whole, officers working in AIR have a 'poor cousin'
psychosis which, in our opinion, will not disappear unless the two organisations
are physically delinked and turned into two independent operating wings charting
their own separate course in the matter of purveying of news and providing entertainment
and wholesome cultural programmes. Although, they will have to work in close
coordination in some respects, they may have to compete with each other in many
other respects, and we are of the opinion that this will boost up the morale
of both and provide motivation and stimulation to employees of both AIR and
Doordarshan. We, therefore, strongly suggest that while the Prasar Bharati can
start operating immediately, under it there should be two separate wings for
AIR and Doordarshan respectively. Organisational steps should be immediately
taken to split the personnel and assets including infrastructure. Each should
be headed by a Managing Director. The two Managing Directors should be Members
of the Prasar Bharati Board with the designations Member (Radio) and Managing
Director-Akashvani, and Member (Television) and Managing Director-Doordarshan,
respectively.
3.3 In our opinion, the resurgence of radio in recent years
in the Western countries creating its own niche market and providing a lot of
gratification to the audience, often in competition with the TV holds some lessons
for India. Even in India, one can see how the advent of FM has brought about
a transformation in the scenario. We, therefore, strongly feel that after separation
from Doordarshan, All India Radio as a separate enterprise will show a new innovativeness,
and creativity identifying new markets and new listener groups and bringforth
a lot of new initiatives.
3.4 The skills required for successful television programmes
and radio programmes, in our opinion are different. So also as of now are the
technologies involved in TV and Radio respectively despite the fact that during
the years ahead the advent of digital technology may, to some extent, bring
them closer. It should, therefore, be possible to demarcate the hardware and
the assets and bifurcate the personnel including the engineering, programme
and news personnel into two distinct compartments, one for All India Radio and
another for Doordarshan. We, therefore, recommend that the two should operate
as independent wings under the umbrella of Prasar Bharati with close coordination
in areas clearly defined and delineated by the Corporation.
3.5 The Group carefully considered the issue whether the Prasar
Bharati should be a regular company like NFDC or a statutory corporation. While
on commercial considerations a company would, no doubt, be more desirable than
a statutory corporation, the Group also felt that turning the Prasar Bharati
into a company under the Companies Act, 1956 would also involve major recasting
of the present Act which the Group felt would not be desirable in the interest
of bringing the Prasar Bharati, already delayed by about six years, into existence.
The Group would, therefore, like to suggest that Prasar Bharati should be brought
into being for the present as a statutory corporation as envisaged in the Act.
But after the Corporation has become fully operational, the possibility of turning
it into a Company could be explored. In that event, the modality that has been
followed for transforming the Indian Airlines and Air India from statutory corporations
into Companies could be followed.
3.6 We do not recommend a part-time Chairman as envisaged in
the original Act. In our opinion, a full time Chairman is essential in the interest
of ensuring true autonomy and in directing and coordinating the massive diversification
in the electronic media in the formative years, which we have envisaged. Indeed,
the tasks before the full-time Chairman of Prasar Bharati will be enormous,
arduous and sensitive in nature given the magnitude of the two organisations
and the challenges ahead of them. It is true that organisations like the BBC
have a part-time Chairman. However, they have a much longer tradition and many
more years of autonomous functioning during the course of which healthy conventions
have been established, enabling the Chairman and the Chief Executive to operate
in close coordination. We strongly feel that the function of the 'Chairman'
and of 'Chief Executive' should be combined in one functionary, namely the full-time
Chairman.
3.7 We recommend the following other Members on the Board of
the Prasar Bharati:
i) Member (Finance);
ii) Member (Personnel);
iii) Member (Radio) and Managing Director - Akashvani;
iv) Member (Television) and Managing Director - Doordarshan;
v) Member (Programme Planning);
vi) Member (Technical Planning),
vii) A representative not below the, level of Joint Secretary nominated by the
Ministry of Information and Broadcasting;
viii) Four part-time Members to be nominated by the Committee envisaged in Section
4(3) of the Act on the basis of experience or expertise in management, electronic
media, performing arts, communication, literature, art and culture or journalism.
All the Members, except those at (vii) & (viii), will be whole-time Members.
The whole-time Members shall be persons having special knowledge and practical
experience in their respective functional areas. The Managing Director-Akashvani
and Managing Director-Doordarshan will be in charge of the entire gamut of operations
of the respective organisations. Member (Programme Planning) and Member (Technical
Planning) will be responsible for major policy formulations in the sphere of
hardware and software respectively, as distinct from line jobs, keeping pace
with the rapid changes in the media front, evolving suitable strategies for
expansion and modernisation and formulating and submitting feasible proposals
to the Chairman through the Managing Directors of Akashvani and Doordarshan
as the case may be.
3.8 We gave considerable thought to the provisions relating
to the election of representatives of the employees of the Corporation on the
Board, one being elected by the Engineering Staff from amongst themselves and
the other being elected by other employees from amongst themselves. We are constrained
to observe that all the associations representing various services in AIR and
Doordarshan demand the right to elect representative from amongst their own
segment e.g. Programmes, News, Engineering, Announcers, Secretarial staff, Motor
Drivers, Group 'D' Staff,
etc. This itself is a problem that cannot be easily thrashed out. Also, the
election process involving the employees of Akashvani and Doordarshan is sure
to introduce a lot of complexities, legal and otherwise, which might vitiate
the entire process and jeopardise the free functioning of the Board. Also, we
noted that the experience of having workers' representative on the Boards of
several public sector enterprises has not been known to be successful. In the
light of these considerations we recommend deletion of Clause 3(5)(i). This
does not mean that we are opposed to the general principle of representation
of workers on the Management Boards. However, time and circumstances are not
ripe yet in India where multiplicity of trade unions prevail and it will be
very difficult, almost impossible, to get smooth and fair elections and to elect
any representatives who by and large command the confidence, of all the sections
of employees. If the Parliament of Government are very keen on some kind of
representation of workers we would rather recommend that the President appoints
one trade union leader of eminence and standing, not necessarily working in
the Prasar Bharati, as part-time Member of the Board.
3.9 We further recommend that for redressal of employees grievances,
an appropriate scheme of employees participation in management should be devised
and implemented by the Corporation separately for Akashvani and Doordarshan,
below the Board level.
Section 4(1)
3.10 We recommend that the Chairman 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 leader of the Opposition, in the Lok Sabha; and
(c) the Chairman of the Press Council of India established under Section 4 of
the Press Council Act, 1978.
3.11 As we are recommending a larger number of full-time members
and as it may be difficult for the Committee as envisaged in Section 4(1) to
be convened as frequently as the selection of the larger number of members would
make it necessary, we recommend that for selection of other full-time members
there may be another Committee consisting of:
(a) the Chairman of the Press Council of India, who shall he the Chairman of
the Committee;
(b) the Chairman of Prasar Bharati;
(c) the Chairman, Public Enterprises Selection Board; and
(d) the Chairman, Union Public Service Commission.
Section 5
3.12 We recommend replacement of the Executive Member by the
whole-time. Chairman, who will be the Chief Executive of Prasar Bharati. Section
6(1)
3.13 We propose the following amendment in place of the existing
section: "The Chairman shall be a full-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 58 years". However, we strongly recommend that
in view of the enormous and intricate problems the Corporation will have to
face during the initial years, the term of the first Chairman should be five
years, irrespective of his/her age. Section 6(2)
3.14 We recommend a term of five years instead of six years.
The Group noted that the present age of superannuation of all employees of Akashvani
and Doordarshan is 58 years. Prescribing any higher age limit for full-time
Board Members is bound to invoke a similar demand from all other categories
of employees which it will be very difficult to resist, and, if accepted, would
retard the growth prospects of existing employees and would also adversely affect
induction of fresh blood in the Corporation. The Group therefore feels that
the age of 'retirement' of Board Members should be fixed at 58 years.
Section 6(3)
3.15 For part-time Members, we recommend term Of Office of
two years rather than six years. In that event, the expression that the one-third,
of such Members shall retire on the expiration of their term, is to be deleted.
In our opinion, six years is too long a period for this sort of appointment.
Section 7(1)
3.16 This sub-section may be amended as under: "Subject
to the provisions of sub-section (3), the Chairman or any other Member, the
latter whether full-time or part-time, except the Member nominated by the Ministry
of Information and Broadcasting, shall only be removed from his office by the
order of the President of India on the ground of misbehaviour after the Supreme
Court, on a reference being made to it by the President, has, on enquiry held
in accordance with such procedure as the Supreme Court may by rules provide,
reported that the Chairman or such other Member, as the case may be, ought,
on such ground, be removed. As regards the Ministry's representative, any misbehaviour
on his part will be referred to the Ministry and dealt with by the Ministry
in accordance with the appropriate rules".
Section 7(2) & 7(4)
3.17 In these sub-sections, the following may be deleted: "except
an ex-officio Member, the Nominated Member or an elected Member".
Section 7(6)
3.18 The Group recommends three months notice in respect of
the Chairman and the full-time Members.
Section 8(3)
3.19 Delete the provision of 'the Executive Meniber and in
the absence of both.
Section 9(1)
3.20 As we envisage the appointment of Managing Director, Akashvani,
and Managing Director, Doordarshan, in consultation with the Committee mentioned
by us earlier in Para 3.1l., the phrase "the Director-General (Akashvani),
the Director-General, Doordarshan and such other may be deleted from this sub-section.
Accordingly, this sub-section may be amended as under: "Subject to such
control, restrictions and conditions as may be prescribed, the Corporation may
appoint, after consultation with the Recruitment Board, officers and other employees
as may be necessary".
Section 10(1)
3.21 We recommend that this sub-section be amended as under:
"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. 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, Member (Personnel), Member (Radio), Member
(Television) and, Member representing the discipline concerned".
Section 11(1)
3.22 Certain operational difficulties are likely to arise due
to the existing provision. The amendments which we recommend are spelt out here.
According to the existing provision, the Central Government is empowered to
transfer to the Corporation any Officers or other employees of Akashvani and
Doordarshan. The proviso to the sub-section prohibits issue of order in respect
of any officer(s) or other employees in Akashvani and Doordarshan who opt(s)
against becoming an employee of the Corporation. This Group recommends that
the Officers and employees recruited specifically for Akashvani/Doordarshan,
whether they belong to an organised service or not, should not have such an
option.
Section 11(2)
3.23 As regards officers/ ernployees in Akashvani and Doordarshan
borne on cadres such as the Indian Information Service and Central Secretariat
Service, this sub-section gives them the option to become employees of the Corporation
or the continue on deputation with the Corporation on terms and conditions to
be prescribed. We would like to add a proviso that such officers/ employees
may continue on deputation at the discretion of the Corporation. We do not want
the Corporation to be in a state of flux for too long or the Corporation to
have a large chunk of employees who are birds of passage, impinging on its efficiency.
A sense of belonging and a sense of involvement is essential for a cohesive
structure, operational flexibility and clear and direct chains of command.
Section 12(5)
3.24 The maximum limit for the quantum of advertising content
may be determined by the Corporation itself without seeking the approval of
the Central Government. For, the Radio and Television Authority proposed to
be set up shall deal with complaints, if any, about the surfeit of advertisements.
Section 13
3.25 The Group strongly recommends that this Section should
be deleted. There is no such provision anywhere in our system specifically for
a particular organisation. There is a Parliamentary Standing Committee on Communication
looking after the Ministry of Information & Broadcasting and, in our opinion,
this Committee can itself do whatever is necessary for Parliamentary supervision
of the working of the Prasar Bharati. We could rather have a provision that
an Annual Report on the working of the Prasar Bharati will be placed before
both the Houses of Parliament alongwith the demands for grants-in-aid. This
will provide the Hon'ble Members of Parliament an opportunity to discuss or
debate at length on the various relevant issues connected with the Corporation
or its work and also raise any issues they consider relevant. Also the Hon'ble
Members of the Parliament have a right to raise questions in the two Houses
on any specific matter connected with the work of the Corporation and that will
provide an opportunity to the Members to obtain relevant information and also
to discuss on specific issues when placed in the House in connection with the
Corporation. There is also the Consultative Committee of the Ministry of Information
and Broadcasting which can oversee the working of Corporation. In the Group's
opinion, these provisions will adequately serve the purposes of accountability
to the Parliament to ensure that this Corporation should function in accordance
with the provisions of the Act.
Sections 14 & 15
3.26 These Sections deal with the establishment of a Broadcasting
Council to receive and consider complaints referred to in Section 15 and to
advise the Prasar Bharati in the discharge of its functions. For the reasons
recorded in the Chapter on satellite channels, we have recommended the establishment
of an independent Radio and Television Authority of India to license satellite
channels, domestic and foreign, with uplinking facilities and impose appropriate
terms and conditions on their operations. We are of the opinion that the same
Authority should be entrusted with the responsibility of receiving and considering
complaints against the violation of the terms and conditions imposed on a licensee
or violation of standards laid down in the Advertising Code etc. - something
akin to the role being played by the Press Council of India, in respect of the
print media - with regard to decency national sovereignty and security requirements
and preventing disrespect to national symbols or departed national leaders.
In making these recommendations, we have taken into account the recommendations
made by the Sub-Committee of the Consultative Committee of the Ministry of Information
and Broadcasting on National Media Polity under the Chairmanship of Shri Ram
Vilas Paswan, in its Working Paper. It is understood that the Ministry of Information
and Broadcasting is already considering bringing in a separate legislation to
give effect to such a body. If so, it is not necessary for Sections 14 &
15, in their present form, to be in the Prasar Bharati Act. Alternately, we
propose the recasting of Sections 14 & 15 in an appropriate manner on the
lines of what we are suggesting. We are envisaging this Authority as of higher
stature than that of the Broadcasting Council proposed in Section 14. It will
not, therefore, be desirable that this Authority's recommendations on a complaint,
if found to be justified, will be referred to the Executive Member of the Prasar
Bharati for appropriate action. In any case, it is a fundamental principle of
law that the same authority should not be both a player and an umpire. Thus,
if the Prasar Bharati runs separate TV or Radio channels for pure entertainment
or for commercial purposes, it will be in the position of a player. In that
event, it should not be called upon to adjudicate on complaints made to the
Broadcasting Council. The Independent Television and Radio Authority of India,
that we are envisaging should consist of a President and other Members to be
appointed by the President of India from amongst persons of eminence in public
life as envisaged in Section 14. We also agree with the suggestion that the
President shall be whole-time member and other members shall he part-time members,
who will hold their office for three years. We do not think it desirable that
4 Members of Parliament should be members of this Authority as envisaged in
Section 14 (2) (ii). Its constitution and functions will, by and large, be on
the lines of the Independent, Television Commission and Radio Authority of the
United Kingdom except that for our purposes, we would envisage one composite
body rather than two separate bodies. Section 15 will need to be recast to provide
for this Authority hearing and disposing of all such complaints received and
making the final orders which will be enforced on the parties concerned. We
would like tb leave it to the Government whether the establishment of the proposed
Authority is brought about by a separate law on this subject or by appropriate
changes in Sections 14 & 15 in the Prasar Bharati Act. In any case, we are
envisaging Prasar Bharati and the proposed Radio and Television Authority of
India as two separate bodies without any organisational or procedural linkages.
Section 24
3.27 In this Section, the present Act envisages that the Central
Government may require the Corporation to furnish such information as that Government
may consider necessary. The Group feels that this gives the Government a very
sweeping power to get involved in the day-to-day functioning of the Corporation
and thereby impairing the very concept of autonomous functioning for which the
Prasar Bharati is being created. However, the Corporation will furnish the annual
financial statements to the Central Government as stipulated in Section 20,
sub-Section (2). Needless to say that Government should have 'full liberty'
to examine the accounts of the Corporation and ask the Corporation to furnish
all forecasts, estimates, information and documents which the Government may
require to examine with regard to, the financial transactions and engagements
of the Corporation. This is proposed keeping in view the same procedure which
has been adopted by the BBC as per the Royal Charter of 1996.
Section 31
3.28 As a sequel to the recommendation of this Group to do
away with the Broadcasting Council, both in sub-Sections (1) & (2) the Broadcasting
Council may be substituted by the Radio and Television Authority of India.
3.29 We have already stated in the proposed Act that under
the Corporate umbrella of the Prasar Bharati, AIR and Doordarshan should be
bifurcated into two separate wings.
3.30 There should be six Deputy Managing Directors under the
Managing Director of All India Radio and also the Managing Director of Doordarshan
representing the six disciplines of Engineering, Programmes, News, Marketing
and Audience Research, Finance and Personnel/ administration. There is urgent
need to create a professional marketing set up in the Corporation, one each
for both the wings namely Akashvani and Doordarshan. As a first step in this
direction, the Commercial Broadcasting wing of these two organisations should
be strengthened and the personnel trained in marketing of airtime.
3.31 Considering the large network of both the organisations,
it is necessary to decentralise the functioning to a great extent and give the
Heads of regions individual delegated powers to be able to operate independently
without having to look up to the Headquarters for direction and guidance for
day-to-day operations. The Corporation, may consider giving a shape to these
regional setups. For the sake of cohesive functioning of various disciplines
serving in a region, the Heads of each and every discipline will report to the
Chief of the region who should be of the level of Deputy Managing Director,
who in turn will report to the Managing Director concerned. The Chief of the
region could be from any of the disciplines of the organisation or even from
outside.
3.32 In the light of the above recommendations, some of the
definitions in Section 2 of the Act cease to be relevant.
These are:
(e) Broadcasting Council
(i) Elected Member
(j) Executive Member
(m) Member (Finance)
(n) Member (Personnel)
And, certain definitions modified as indicated hereunder:
(f) "Chairman" means the whole-time Chairman of the Corporation appointed
under section 4.
(r) "Part-time Member" means a Part-time Member of the Board under
section 4.
(w) "Whole-time Member" means Member (Finance), Member (Personnel),
Member (Radio), Member (Television), Member (Programme Planning) or Member (Technical
Planning),
3.33 In the foregoing paragraphs we have discussed the amendments
proposed by this Group to several existing provisions of the Act. In respect
of certain Sections where only some additions or deletions were required, these
have been recommended. However, in respect of other provisions where major changes
have been recommended, the relevant Sections would require recasting. It is
pertinent to add that the remaining provisions in, respect of which we did not
make specific recommendations, have been found unexceptionable.
Chapter 1
Chapter 2
Chapter 4
Chapter 5
Chapter 6
Chapter 7
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