The proposed Broadcast Bill — Part II
More jobs for the boys! The draft bill provides for government officials to man key functions of the authority.
CHAPTER 3
BROADCASTING REGULATORY AUTHORITY OF INDIA
12. Establishment and incorporation of the Authority:
(1) With effect from such date, as the Central Government may by notification appoint in this behalf, there shall be established for the purposes of this Act an Authority, to be known as the Broadcast Regulatory Authority of India.
(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued.
(3) The Authority shall consist of one Chairperson and not more than six whole-time Members, to be appointed by the Central Government.
(4) The head office of the Authority shall be New Delhi.
13. Qualifications for appointment of Chairperson and members: The Central Government shall, by notification, appoint a whole-time Chairperson and six whole-time members of the Authority at the rate of one each from amongst persons who have special knowledge of and professional experience in, the fields of
(a) Television, Radio, Cinema, Advertising, Audio-Visuals, Fine Arts etc.;
(b) Journalism, Mass Communication, Literature, Social Sciences etc.;
(c) Finance, Commerce, Audit, Accountancy etc.;
(d) Electronics, Telecommunication, Information Technology etc;
(e) Consumer Affairs, Social Work/Service, Civil Society Organizations etc.;
(f) Law, Judiciary etc.;
(g) Public Administration, Management etc.;
14. Term of office, conditions of service etc. of the Chairman and other members:
(1) Before appointing any person as the Chairperson or a whole-time member, the Central Government shall satisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as such member.
(2) The Chairperson and other whole-time members shall hold office for a term of five years from the date on which they enter upon their offices or till they attain the age of sixty-five years, whichever is earlier.
(3) The Chairperson or a member shall not be eligible for a second term but a member will be eligible for appointment as Chairperson of the Authority for the remaining part of his term.
(4) The Chairperson or a whole-time member shall not take up any commercial employment in the organizations that fall within the operational jurisdiction of the Authority, after demitting office within a period of one year without the prior permission of the Central Government.
(5) The salary and allowances payable to and other conditions of service of the Chairperson and other whole-time members shall be such as may be prescribed.
(6) A person having commercial employment or interest, direct or indirect, in any broadcasting services provider, advertising or programme producing agency shall not be eligible for appointment or continuation as Chairperson or a whole-time member.
15. Powers of the Chairperson: The Chairperson shall have powers of general superintendence and direction in the conduct of the affairs of the Authority and he shall, in addition to presiding over the meetings of the Authority, exercise such powers of the Authority, and shall discharge such functions of the Authority, as may be prescribed.
16. Removal, suspension or resignation of Chairperson and members: (1) The Central Government may remove from office or suspend the Chairperson or any member of the Authority who:
(a) Ceases to be a citizen of India; or
(b) Is adjudged an insolvent; or
(c) Is convicted or any offence involving moral turpitude; or
(d) Is, in the opinion of the Central Government, unfit to continue in office by reason of infirmity or body or mind; or
(e) Engages during his term of office in any paid employment outside the duties of his office;
(f) Acquires such financial or other interest as is likely to affect prejudicially his functions as a Chairperson or member;
(g) Abuses his position so as to render his continuance in office prejudicial to public interest.
(2) The Chairperson or any other member may resign his office by giving notice thereof in writing to the Central Government and on such resignation being accepted, the Chairperson or the member shall be deemed to have vacated his office.
17. Meetings of the Authority or its committees:
(1) The Authority may constitute committees of the Authority for specific purposes, and make regulations for the transaction of business at the meetings of the Authority as well as its committees
(2) The Authority or its committee shall meet at such time and place and shall observe such procedure in regard to the transaction of business at its meetings as may be provided by regulations.
(3) The Chairperson shall preside at the meetings of the Authority or its committee, and if for any reason he is unable to attend any meeting, any other whole-time member elected by the members present at such meeting, shall preside at the meetings.
(4) A member shall be deemed to have vacated his office if he absents himself for three consecutive meetings of the Authority without the leave of the Chairperson.
(5) All questions which come up before any meeting of the Authority shall be decided by a majority of the votes of the members present and voting and, in
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