CHAPTER 5
MISCELLANEOUS
38. Power of the Central Government to issue directions:
(1) The Central Government may, from time to time, issue to the Authority such directions as it may deem necessary in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign countries, public order, decency or morality.
(2) Without prejudice to the foregoing provisions, the Authority shall, in exercise of its powers or the performance of its functions, be bound by such directions on questions of policy as the Central Government may give in writing to it from time to time
Provided that the Authority shall, as far as practicable, be given an opportunity to express its views before any such direction is given under this sub-section.
(3) The decision of the Central Government whether a question is one of policy or not shall be final.
Comment: the authority of the Government overrides the authority of the broadcasting authority!
39. The Authority to follow principles of natural justice:
(1) The Authority shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules, the Authority shall have powers to regulate its own procedure including the fixing of places and times of its enquiry.
(2) The Authority shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely: -
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery and production of documents;
(c) Receiving evidence on affidavits;
(d) Issuing commissions for the examination of witnesses or documents;
(e) Requisitioning any public record or document or a copy of such record or document, from any office;
(f) Reviewing its decisions;
(g) Dismissing an application for default or deciding it, ex-party;
(h) Setting aside any order of dismissal of any application for default or any other passed by it, ex-party;
(i) Any other matter, which may be prescribed.
40. Service providers to maintain records:
(1) Every service provider shall maintain such documentary records and transmission schedules as may be specified in the policy guidelines, notified under this Act and allow inspections of the facilities and such documentary records and transmission schedules by any person authorized by the Authority.
(2) The Authority may call for any information from the service provider, which is necessary for transparency and ascertaining the true ownership of the service provider.
(3) The Authority or any officer authorized by the Authority shall have power to inspect and obtain information wherever necessary, from programme producers, distributors and advertising agents.
(4) For effective enforcement of restrictions on holding of licenses, as provided under section 10, the Authority or any officer authorized by the Authority for that purpose, shall have all the powers of an inspecting officer as provided under Section 209-A of the Companies Act, 1956.
(5) It shall be the duty of every service provider to carry out the directions of the Authority given under this section.
(6) If default is made by a service provider in complying with the provisions of sub-section (5), the Authority may take such action as provided under section 32 (1) after providing him an opportunity of being heard.
41. Members and employees of the Authority to be public servants: The Chairman, every member, every officer or other employee of the Authority, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
42. Protection of action taken in good faith: No suit or other legal proceeding shall lie against the Government, Authority, or any Member or Officer or other employee thereof for anything which is in, good faith done or intended to be done in pursuance of this Act or of any rules or regulations made there under.
43. Exemption from tax on wealth and income: Notwithstanding anything contained in the Wealth Tax Act, 1957, the Income Tax Act, 1961, or any other enactment for the time being in force relating to wealth, income, profit or gains, the Authority shall not be liable to pay wealth tax, income tax, or any other tax in respect of their wealth, income, profit or gains derived.
44. This Act to have over-riding effect:
(1) This Act shall have overriding effect over provisions of any other law for the time being in force and shall be given effect to, notwithstanding anything contained in any other law for the time being in force and notwithstanding any rights claimed under contract or created under any other law for the time being in force.
(2) Notwithstanding anything contained in section 31 or section 37 of the Indian Copyright Act, 1957, where one or more persons have made complaints in respect of a work which has been published or performed in public or which has already been broadcast or whose licensed reproductions have already been made available in public, licenses shall be granted to all such complainants under sub-section (1) of section 31 of the Indian Copyright Act 1957.
45. Power of the Central Government to make rules:
(1) The Central Government may, by notification, makes rules for carrying out 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) To determine other circumstances for communication under sub-clause (c) of clause (ii) of section 2;
(b) To notify the sporting events and to lay down the procedure to be followed for enabling their being shared with Prasar Bharti under section 6;
(c) The policy guidelines, designate licensing authorities, specify terms and conditions, and procedures for grant of the licenses/ permissions/ registration to the service provider under clauses (i) to (iv) of section 9;
(d) To lay down a time frame for change over to digital addressable networks for broadcasting content, and commercial and technical arrangements during the transition phase under clause (v) of section 9;
(e) To lay down the Content Code and procedures to be followed for content certification by the service providers, adjudication of complaints against content certification and appeals against imposition of penalties, under clauses (vi) to (viii) of section 9;
(f) The norms of public service broadcasting obligations, rates and procedures for levying and collection of fees, and setting up institutional arrangement and norms for managing and operating the public service broadcasting obligation fund under clauses (x) and (xi) of section 9;
(g) The eligibility conditions and restrictions to prevent accumulation of interest in licensed services and restrictions on controlling interest in print media and electronic media as well as within different segments of the electronic media under section 10;
Comment: Cross media restrictions pertaining to print are not in the provisions of the bill but are to be brought in through the rules.
(h) The salaries and allowances payable and other conditions of service of the Chairperson and whole-time members under sub-section (5) of section 14;
(i) The places where the Regional Offices may be set up and the functions to be performed by such offices under section 19;
(j) The form in which and the time at which in each year the Authority shall prepare a budget under sub-section (4) of section 25;
(k) The form and the manner in which the annual statement of accounts shall be prepared under sub-section (5) of section 25;
(l) The information relating to the proceedings and policy of the Authority to be contained in a report to be submitted by the Authority under sub-section (9) of section 25;
(m) Any other matter which is required to be or may be prescribed.
46. 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 modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
Comment: much of the bite of this piece of legislation lies in the rules. You need very watchful members of Parliament to nail the government on these. The entire content code which has implications for the nature of content regulation on television is to be dealt with only in the rules.
47. Application of certain laws: the provisions of this Act shall be in addition to the provisions of the Indian Telegraph Act, 1885 and Indian Wireless Telegraphy Act, 1933 and, in particular, nothing in this Act shall affect any jurisdiction, powers and functions required to be exercised or performed by the Telegraph Authority in relation to any area falling within the jurisdiction of such Authority.
48. Power to remove difficulties:
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by other 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 commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made before each House of Parliament.
49. Repeal and saving:
(1) The Cable Television Networks (Regulation) Act 1995 is hereby repealed.
(2) Notwithstanding such repeal any cable operator registered under that Act as on the date of repeal, may continue to provide his services, provided he makes an application to the Authority for the grant of a license for any of the broadcasting network services within six months from the date of the commencement of this Act or where he has made such an application, till the disposal of such application, whichever is later.
(3) The Authority may on receipt of an application under sub-section (2) grant a license for any of the broadcasting network services subject to fulfillment of such eligibility and other terms and conditions as may be prescribed.
(4) The cable operators operating under sub-section (2) above shall continue to be regulated as if the Cable Television Networks (Regulation) Act, 1995 has not been repealed during the interregnum i.e. the period from the commencement of this Act and disposal of his application for the license or a period of six months, whichever is later.
(5) Notwithstanding such repeal, all cable operators registered under that Act as on the date of repeal, shall continue to comply with the provisions of the Program Code under Rule 6 and the Advertising Code under Rule 7 of the Cable Television Networks Rules, 1994 prescribed under that Act, till the said Codes are replaced by the new guidelines and norms (the Content Code) provided for under sub-section (vi) of section 9 of this Act.
Broadcast Services Regulation Bill
Comment: Nowhere in this piece of draft legislation does the government spell out how and where complaints against broadcasters or programme makers can be lodged by the public.
In the draft content code which the government has not made public it says that each member broadcast service provider shall specify an authorized representative¿s name to the BRAI and publicize his/her details for the public, making it convenient for the BRAI and the public to have a contact point for the its grievances against the content on the BSP¿s channel. But apart from complaining to the BSP will there be a complaints council of any kind set up by the BRAI?
CONCLUDED
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