"(1) 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 consisting wholly of persons other than the Members, officers and other employees of the Corporation:
Provided that for the purposes of appointment to the posts carrying scales of pay which arc not less than that of a Joint Secretary to the Central Government, the Recruitment Board shall consist of the Chairman, other Members, the ex officio Members, the Nominated Member and the elected Members.".
9. In section 11 of the principal Act,—
(a) for sub-section (2), the following sub-section shall be substituted, namely:— "(2) The provisions of sub-section (1) shall also apply to the members of the Indian Information Service, the Central Secretariat Service or any other service or to persons borne on cadres outside Akashvani and Doordarshan who have been working in Akashvani or Doordarshan immediately before the appointed day:
Provided that where any such member intimates, within the time specified in sub-section (1), his intention of not becoming an employee of the Corporation but to continue on deputation, he may be allowed to continue on deputation in accordance with such terms and conditions as may be prescribed.";
(b) for sub-section (5), the following sub-section shall be substituted, namely:— "(5) Every officer or other employee transferred by an order made under subsection (1)shall, within six months from the date of transfer, exercise his option, in writing, to be governed— SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 13 of 1885.
(a) by the scale of pay applicable to the post held by him in the Akashvani or Doordarshan immediately before (he date of transfer or by the scale applicable to the post under the Corporation to which he is transferred;
(b) by the leave, provident fund, retirement or other terminal benefits admissible to employees of the Central Government in accordance with the rules or orders of the Central Government, as amended from time to time, or the leave, provident fund or other terminal benefits admissible to the employees of the Corporation under the regulations, and such option once exercised under this Act shall be final:
Provided that the option exercised under clause (a) by an officer or other employee shall be applicable only in respect of the post under the Corporation to which such officer or other employee is transferred and on appointment to a higher post under the Corporation he shall be eligible only for the scale of pay applicable to such higher post:
Provided further that if immediately before the date of his transfer any such officer or other employee is officiating in a higher post under the Government either in a leave vacancy or any other vacancy of a specified duration, his pay on transfer shall be protected for the unexpired period of such vacancy and thereafter he shall be entitled to the scale of pay applicable to the post under the Government to which he would have reverted or to the scale of pay applicable to the post under the Corporation to which he is transferred, whichever he may opt:
Provided also that when an officer or other employee serving in the Union Ministry of Information and Broadcasting or in any of its attached or subordinate offices is promoted to officiate in a higher post in the Ministry or office subsequent to the transfer to the Corporation of any other officer or employee senior to him in that Ministry or office before such transfer, the officer or other employee who is promoted to officiate in such higher post shall, on transfer to the Corporation, be entitled only to the scale of pay applicable to the post he would have held but for such promotion or the scale of pay applicable to the post under the Corporation to which be is transferred, whichever he may opt.".
10. In section 12 of the principal Act,—
(a) for sub-section (1), the following sub-section shall be substituted, namely:— "(1) Subject to the provisions of this Act, it shall be the primary duty of the Corporation to organise and conduct public broadcasting services to inform, educate and entertain the public and to ensure a balanced development of broadcasting on radio and television.
Explanation.—For the removal of doubts, it is hereby declared that the provisions of this section shall be in addition to, and not in derogation of, the provisions of the Indian Telegraph Act, 1885.";
(b) in sub-section (2), for clause (n), the following clause shall be substituted, namely:— "(n) providing comprehensive broadcast coverage through the choice of appropriate technology and the best utilisation of the broadcast frequencies available and ensuring high quality reception;";
Amendment of section
12.
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Insertion of new sections 13 to 15.
Parliamentary Committee.
Establishment of Broadcasting Council, term of office and removal, etc., of members thereof.
(c) in sub-section (3), for clause (c), the following clause shall be substituted, namely:— "(c) to negotiate for purchase of, or otherwise acquire, programmes and rights or privileges in respect of sports and other events, films, serials, occasions, meetings, functions or incidents of public interest, for broadcasting and to establish procedures for the allocation of such programmes, rights or privileges to the services;";
(d) for sub-section (5), the following sub-section shall be substituted, namely: — "(5) For the purposes of ensuring that adequate time is made available for the promotion of the objectives set out in this section, the Central Government shall have the power to determine the maximum limit of broadcast time in respect of the advertisement.";
(e) for sub-section (7), the following sub-section shall be substituted, namely: — "(7) The Corporation shall have power to determine and levy fees and other service charges for or in respect of the advertisements and such programmes as may be specified by regulations:
Provided that the fees and other service charges levied and collected under this sub-section shall not exceed such limits as may. be determined by the Central Government, from time to time.".