In exercise of the powers conferred by Section 33 read with sub-section (1) of Section 8 of the Prasar Bharat…

REGD. NO D. L.-33004/99 The Gazette of India

EXTRAORDINARY

PART III—Section 4

PUBLISHED BY AUTHORITY

No. 25] NEW DELHI, THURSDAY, FEBRUARY 1, 2001/MAGHA 12, 1922

318 GI/2001

(1)2 THE GAZETTE OF INDIA EXTRAORDINARY [PART III—SEC. 4] 3 4 T HE G A Z E T TE OF I N D IA • E X T R A O R D I N A RY [ P A RT I T I —S E C. 4] 5 6_ a GAZETTE OF INDIA EXTRAORDINARY [PART III—Srv 4] 7 S THE GAZETTE OF INDIA . EXTRAORDINARY |PART III—SEC. 4]

PRASAR BHARATI

(Broadcasting Corporation of India)

NOTIFICATION

New Delhi, the 1st February, 200]

F. No. N-10/3/2000-PB CELL VOL. I.—In exercise of the powers conferred by Section 33 read with sub-section (1) of Section 8 of the Prasar Bharati (Broadcasting Corporation of India) Act, 1990 (25 of 1990), the Corporation hereby makes the following regulations, namely —

1. Short title and commencement:

(1) These regulations may be called the Prasar Bharati (Broadcasting Corporation of India) (Procedure and Conduct of Business) Regulations, 2000.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions: In these regulations, unless the context otherwise requires,

(a) "Act" means the Prasar Bharati (Broadcasting Corporation of India) Act, 1990 (25 of 1990);

(b) "regulation" means a regulation of these Regulations; and

(c) words and expressions used herein and defined in the Act shall have the meanings respectively assigned to them in the Act.

3. Date, time and place of meetings of Board

(1) The date, time and place of a meeting of the Board shall be fixed by the Executive Member, after ascertaining the convenience of the Chairman, by a general or special order passed in that behalf.

(2) The Chairman or in his absence the Executive Member may, whenever he thinks fit, and shall, upon a requisition in writing by not less than one-half of the total number of Members, convene a special meeting of the Board, within thirty days of the receipt of the requisition

(3) The requisition shall set out the business to be transacted at the special meeting to be called and shall be signed by the Members making the requisition

(4) If the Chairman or in his absence the Executive Member, does not convene the special meeting, referred to in sub-regulation (2), within thirty days from the date of receipt of a valid requisition, for the consideration of the business specified in the requisition, the meeting may be called by the Members making the requisition themselves, following, as nearly as may be, the procedure set out herein before in the regulation Provided that no such meeting shall be held before the expiration of thirty days from the date of the receipt of the requisition by the Chairman or in his absence the Executrv e Member, as the case may be

(5) Any meeting may be adjourned to a later hour or date

4 Notice of meetings and business

(1) A list of business to be transacted at every meeting except at an adjourned meeting shall be sent by Fax/Speed-Post/Courier so that it is received at the address of each Member, at least seventy-two hours before the time fixed for such meeting No business shall be brought before, or transacted at, any such meeting other than the business of which a notice has been so given, unless the same has been allowed by the Chairman or the Member presiding at the meeting

Provided that the Chairman or the Executive Member may, in case of urgency, which should be recorded in writing, convene at any time a special meeting with shorter notice informing the members of the business to be transacted and the reasons 3i8i*ai*'-/-JL10 THE GAZETTE OF INDIA EXTRAORDINARY _ __ |PARI III—Sue- 41 for convening such a meeting.

(2) Subject to sub-regulation (3) of regulation 7, any Member may send or deliver to the Executive Member notice of any resolution going beyond the matters mentioned in the notice given of such meeting so as to rearh him at least forty-eight hours before the date fixed for the meeting.

Provided that the resolution shall satisfy the following conditions-

(a) It must relate to a matter concerning functions of the Board under the Act, (b) It shall be clearly and precisely expressed,

(d) It shall not contain arguments, inferences, ironical expressions, imputations or defamatory statements.

(3) The Chairman or in his absence, the Executive Member shall have power to admit or not to admit a resolution, referred to in sub-regulation (2).

(4) If a resolution is admitted, the Executive Member shall with all possible dispatch take steps to circulate such resolution to every Member in such manner as he may think fit.

5 Preparation of list of business

(1) Every list of business to be transacted at a meeting of the Board shall be prepared by the Executive Member

(2) The list of business of a meeting shall be arranged by the Executive Member in the following order-

fa) Confirmation of the minutes of the last meeting;

(b) business proposed by the Executive Member,

(d) any other business allowed by tr-e Chairman.

6. Quorum:

(1) The quorum necessary for transaction of business at a meeting of the Board shall be one-third of the total number of Members

Provided that for the quorum to be complete there shall be at least one Part-time Member present in the meeting.

(2) If at any meeting or during a meeting of the Board there is no quorum, the Chairman or the Member presiding over such meeting shall either adjourn the meeting or suspend it until there is a quorum.

(3) Where a meeting has been adjourned or suspended under sub-regulation (2), the business which would have been brought before the original meeting shall be brought before, and transacted at, an adjourned or suspended meeting, whether there is a quorum present or not. No decision taken in this adjourned or suspended meeting shall be invalidated merely on the ground of quorum.

7. Constitution of Management Council:

(1) There shall be a Council to be known as a "Prasar Bharati Management Council" consisting of -

(a) Executive Member

... President

..Member

(b) Member (Finance)

.. Member

(d) Director-General (Akashvani)

... Member

(e) Director-General (Doordarshan)

... Member

(f) Engineer-in-Chief (Akashvani)

. .Member

(g) Engineer-in-Chief (Doordarshan)n THE GAZETTE OF INDIA : EXTRAORDINARY [PART III—SEC. 4] (2) Any business relating to matters of finance, or personnel management and administration, which is proposed to be placed before the Prasar Bharati Board shall first be considered by the Prasar Bharati Management Council:

Provided that the Executive Member may propose any business for the consideration of the Prasar Bharati Board without placing any such matter before the Prasar Bharati Management Council.

(3) No business shall be proposed for the consideration of the Prasar Bharati Board by any member of the Prasar Bharati Management Council other than the Executive Member.

8 Officials to attend meeting of Board: Any officer or employee of the Prasar Bharati authorized by the Executive Member in this behalf may attend, speak in, or otherwise take part in the proceedings of any meeting of the Board or any of its committees, but none of the persons specified herein shall be entitled to vote in any such meeting.

9 Language to be used at meetings of the Board: The business of the meeting of the Board shall be transacted in Hindi, or English.

10 Method of Deciding Matters:

(1) Subject to the provisions of the Act and the rules made thereunder, all matters which come up before any meeting of the Board shall be decided by a majority of votes, by voice, or, if necessary, by show of hands, of the Members present and voting, and, in the event of equality of votes, the Chairman, or on his absence, the Member presiding, shall have and exercise a second or casting vote:

(2) No decision in respect of any financial or personnel management and administration matter, which in the opinion of the Nominated Member, is likely to create a major financial liability or anomaly or imbalance or disturbance in the existing parities in13 personnel matters relating to Government employees, or is likely to result in wide ramifications or huge implications or which may lead to substantial increase in budgetary support by the Government, shall be taken without the prior approval of the Central Government:

Provided that the Nominated Member shall exercise this right in the rarest of the rare cases and give sufficient reasons in writing for his opinion.

(3) In the event of any decision at a meeting of the Board being not unanimous, the divergent views shall be recorded in the minutes book.

11 Power to take decisions in urgent matters:

(1) If, in the opinion of the Chairman or the Executive Member, a decision on any matter is required to be taken urgently and it is not possible to obtain the approval of the Board, he may, by order, together with a statement of reasons therefore, take such decision as he may consider necessary:

Provided that the matter and the decision taken shall be placed before the Board at its next meeting for approval.

(2) The Chairman or the Executive Member may, in any urgent matter, get, by circulation to all the Members of the Board, its approval. If the majority of the Members approve the proposal, such an approval shall be deemed to be the approval of the Board.

12. Recording of Minutes:

(1) Minutes, in which shall be recorded the names of the Members present, of the proceedings of each meeting of the Board shall be drawn up and recorded in a book to be kept for that purpose. It shall be laid before the ensuing meeting of the Board and signed at such meeting by the Presiding Officer and the Executive Member.

14 HE GAZETTE OF INDIA . EXTRAORDINARY |PART III—SEC. 4]

(2) Unless otherwise desired by the Chairman or in his absence, the Executive Member, it shall not be necessary to keep verbatim record of the discussions of any meeting.

(3) The minutes of a previous meeting of the Board shall be taken as read unless the majority of the Members present request that such minutes be read.

(4) If any member present draws the attention of the meeting to an error or omission in the minutes of the previous meeting, such correction shall be made therein, as the Chairman, or in his absence, the Executive Member, after taking the sense of the meeting, deems fit.

(5) Every meeting of the Board, the minutes of the proceedings of which have been duly drawn up and signed shall be deemed to have been duly convened and to be free from all defects and irregularities.

13. Powers of Presiding Officer in absence of Chairman: The person presiding over a meeting of the Board, in the absence of the Chairman, shall, when so presiding, have the same powers as the Chairman when so presiding.

14. Conduct of Business at meetings of Committees: The procedure laid down above for the conduct of business at a meeting of the Board shall, as far as may be, be followed for the procedure and the conduct of business at a meeting of the Council or a Committee referred to in sub-section (6) of section 3 of the Act.

RAJEEVA RATNA SHAH, Executive Member

LNo ADVT/3/4/Exty./l63/2000J Printed by the Manager, Govt, of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054