Section 33 of The Prasar Bharati (Broadcasting Corporation of India) Act, 1990
- (1)The Corporation may, by notification, make regulations not inconsistent with this Act and the rules made thereunder for enabling it to perform its functions under this Act.
- (2)Without prejudice to the generality of the foregoing power such regulations may provide for all or any of the following matters, namely:--
- (a)the manner in which and the purposes for which the Corporation may associate with itself any person under sub-section (7) of section 3;
- (b)the times and places at which meetings of the Board shall be held and, the procedure to be followed thereat, and the quorum necessary for the transaction of the business at a meeting of the Board under sub-section (1) of section 8;
- (c)the methods of recruitment and conditions of service of officers and other employees of the Corporation under sub-section (2) of section 9; 1[(d) the conditions of service of officers and employees under sub-section (5) of section 11;] 2* * * * *
- (f)the services which may be provided by the Corporation under clause (f) of sub-section (3) of section 12;
- (g)the determination and levy of fees and other service charges in respect of advertisements and other programmes under sub-section (7) of section 12;
- (h)the manner in which and the period within which complaints may be made under sub-section (2) of section 15;
- (i)any other matter in respect of which provision is, in the opinion of the Corporation, necessary for the performance of its functions under this Act: Provided that the regulations under clause (c) or clause (d) shall be made only with the prior approval of the Central Government.
Summary
- The Corporation has the power to make regulations by publishing a notification in the Official Gazette.
- Regulations can provide for the manner and purposes of associating any person with the Corporation under Section 3(7).
- Regulations can govern the times, places, procedures, and quorum for Board meetings under Section 8(1).
- Regulations can prescribe the methods of recruitment and conditions of service of the Corporation's officers and employees under Section 9(2) and Section 11(5).
- Regulations can determine the fees and service charges for advertisements and specified programs under Section 12(7).
Practical examples
FAQ
1. Who has the power to make regulations under Section 33 of the Act?
The Corporation itself has the power to make regulations by publishing a notification in the Official Gazette.
Test yourself
Q1.Under Section 33 of The Prasar Bharati (Broadcasting Corporation of India) Act, 1990, what is the primary restriction on the Corporation's power to make regulations?
Q2.Under Section 33 of The Prasar Bharati (Broadcasting Corporation of India) Act, 1990, which of the following matters is subject to a proviso requiring the "prior approval" of the Central Government?
Q3.Under Section 33 of The Prasar Bharati (Broadcasting Corporation of India) Act, 1990, how does the regulation-making power interact with Section 3(7) regarding the association of external advisers?
Q4.Under Section 33 of The Prasar Bharati (Broadcasting Corporation of India) Act, 1990, how does the Corporation's regulation-making power interact with Section 8(1) regarding Board meetings?