"6. (1) The Chairman shall be a Part-time Member and shall hold office for a term of six years from the date on which he enters upon his office.
(2) The Executive Member, 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:
Provided that any person holding office as a Whole-time Member immediately before the commencement of the Prasar Bharati (Broadcasting Corporation of India) Amendment Ordinance, 1998, 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 Whole-time 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:
Provided that every Part-time Member holding office as such, immediately before the commencement of the Prasar Bharati (Broadcasting Corporation of India) Amendment Ordinance, 1998, shall, notwithstanding anything contained in this subsection as amended by the Prasar Bharati (Broadcasting Corporation of India) Amendment Second Ordinance, 1997, retire in accordance with the provisions of subsection (5):
Provided further that no such Part-time Member shall be entitled to any compensation for curtailment of the term of his office under sub-section (5).
(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-lime 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 Ord. 29 of
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SET.]] THE GAZETTE OF INDIA EXTRAORDINARY 5 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) In the event of the occurrence of any vacancy by reason of death, resignation or otherwise in the office of —
(a) the Executive Member, senior most among the members referred to in clauses (c) and (d) of sub-section (5) of section 3, failing which senior most among the Members referred to in clauses (f) and (g) of that sub-section, shall perform the duties of the Executive Member until the date on which a new Executive Member appointed in accordance with the provisions of this Act to fill such vacancy enters upon bis office;
(b) any other Whole-time Member, the Executive Member shall perform the duties of such Whole-time Member until the date on which a new Whole-time Member appointed in accordance with the provisions of this Act to fill such vacancy enters upon his office.
(5) The Central Government shall, in the case of occurrence of vacancy by reason of death, resignation or otherwise of any Whole-time Member, within two weeks from the date of occurrence of such vacancy, make a reference to the committee referred to in sub-section (1) of section 4.
(9) 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.
(10) The Chairman and Part-time Members shall be entitled to such allowances as may be prescribed.".
6. In section 7 of the principal Act,—
(a) for sub-section (3), the following sub-section shall be substituted, namely:— "(3) Notwithstanding anything contained in sub-section (1), the President may, by order, remove the Chairman or any Whole-time Member from his office if such Chairman 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 paid employment 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 continue in office by reason of infirmity of body or mind:
Provided that the President may, by order, remove any Part-time Member from Amendment of section
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6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment of section
9.
Amendment of section
10.
Amendment of section
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his office if he is adjudged an insolvent or is convicted of any offence involving moral turpitude or where he is, in the opinion of the President, unfit to continue in office by reason of infirmity of body or mind.";
(b) for sub-section (4), the following sub-section shall be substituted, namely:— "(4) If the Chairman or any Whole-time Member, except any ex officio Member, the Nominated Member or any elected Member, is, or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the 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 emolument arising therefrom than as a member, and in common with other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour.".