Section 16 of The Prasar Bharati (Broadcasting Corporation of India) Act, 1990
As from the appointed day,--
- (a)all property and assets (including the Non-lapsable Fund) which immediately before that day vested in the Central Government for the purpose of Akashvani or Doordarshan or both shall stand transferred to the Corporation on such terms and conditions as may be determined by the Central Government and the book value of all such property and assets shall be treated as the capital provided by the Central Government to the Corporation;
- (b)all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Central Government immediately before such day for or in connection with the purposes of Akashvani or Doordarshan or both shall be deemed to have been incurred, entered into and engaged to be done by, with or for the Corporation;
- (c)all sums of money due to the Central Government in relation to the Akashvani or Doordarshan or both immediately before such day shall be deemed to be due to the Corporation;
- (d)all suits and other legal proceedings instituted or which could have been instituted by or against the Central Government immediately before such day for any matter in relation to the Akashvani or Doordarshan or both may be continued or instituted by or against the Corporation.
Summary
- On the appointed day, all property, assets, and money (including the Non-lapsable Fund) that belonged to the government for Akashvani or Doordarshan are handed over to the Corporation.
- The book value of all these transferred assets is treated as capital that the government has provided to the Corporation.
- Any debts, contracts, or obligations the government had for Akashvani or Doordarshan become the responsibility of the new Corporation.
- Any money that people owed to the government for these services is now owed to the Corporation instead.
- If there was any ongoing lawsuit by or against the government regarding these services, the Corporation takes the government's place in the legal proceedings.
Practical examples
FAQ
1. What happens to the Non-lapsable Fund that belonged to the government's broadcasting division?
The Non-lapsable Fund is transferred to the Corporation along with all other property and assets.
2. How does the government account for the buildings and equipment it gives to the Corporation?
The book value of all the transferred property and assets is treated as the starting capital provided by the Central Government.
3. Do people who owed money to Doordarshan get their debts canceled?
No, all sums of money that were due to the Central Government for Doordarshan or Akashvani become due to the Corporation instead.
4. Who handles old lawsuits involving Akashvani?
The Corporation steps into the government's shoes and takes over any pending suits or legal proceedings.
Test yourself
Q1.Under Section 16 of The Prasar Bharati (Broadcasting Corporation of India) Act, 1990, how is the value of the property and assets transferred to the Corporation officially recorded?
Q2.Under Section 16 of The Prasar Bharati (Broadcasting Corporation of India) Act, 1990, what specific financial entity is explicitly mentioned as being transferred along with the property and assets to the Corporation?
Q3.Under Section 16 of The Prasar Bharati (Broadcasting Corporation of India) Act, 1990, what happens to contracts entered into by the Central Government for the purposes of Doordarshan before the appointed day?
Q4.Under Section 16 of The Prasar Bharati (Broadcasting Corporation of India) Act, 1990, what is the rule regarding legal proceedings instituted against the Central Government relating to Akashvani before the appointed day?