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INFORMATION TECHNOLOGY
18 (2010-11)
EIGHTEENTH REPORT
STANDING COMMITTEE ON
INFORMATION TECHNOLOGY
(2010-11)
Chapter-II 4-22
II. Analysis of the Prasar Bharati (Broadcasting Corporation of India) Amendment Bill, 4
2010
(ii) Non implementation of the provisions made under Section 11 of ‘The Prasar 5
Bharati (Broadcasting Corporation of India) Act, 1990’
(iii) Proposed status of deemed deputation to employees of Prasar Bharati 5
(vi) Issues relating to officers of Indian Information Service, Central Secretariat Service 16
APPENDICES
I. The Prasar Bharati (Broadcasting Corporation of India) Amendment Bill, 2010 41
II. Statement indicating the history and background of the Bill as furnished by the 48
Ministry of Information and Broadcasting
III. Statement indicating the sanctioned strength and vacancies in the Prasar Bharati 54
Corporation as furnished by Prasar Bharati
IV. Minutes of the First Sitting of the Committee held on 20 October, 2010 55
*VI. Minutes of the Third Sitting of the Committee held on 23 November, 2010 60
*VII Minutes of the Fourth Sitting of the Committee held on 8 December, 2010
Lok Sabha
2. Shri Rajendra Agrawal
3. Shri Nikhil Kumar Choudhary
4. Shri Milind Deora
5. Dr. Charles Dias
6. Shri Rajen Gohain
7. Smt. Darshana Vikram Jardosh
8. Shri Mithilesh Kumar
9. Shri Sadashivrao Dadoba Mandlik
10. Shri Inder Singh Namdhari
11. Shri Adhalrao Shivaji Patil
12. Shri Abdul Rahman
13. Shri Prem Das Rai
14. Shri Tufani Saroj
15. Shri Tathagata Satpathy
16. Smt. M. Vijaya Shanti
17. Dr. Bhola Singh
18. Shri Dhananjay Singh
19. Shri Sushil Kumar Singh
20. Shri C. Sivasami
21. Shri Dharmendra Yadav
Rajya Sabha
22. Shri M.P. Achuthan
*23. Shri Mohammed Adeeb
24. Shri Salim Ansari
*25. Shri Rajeev Chandrasekhar
*26. Shri Rajkumar Dhoot
27. Shri Prabhat Jha
28. Prof. Alka Balram Kshatriya
29. Shri Ravi Shankar Prasad
30. Shri P. Rajeeve
31. Shri Jesudasu Seelam
SECRETARIAT
4. The Report was considered and adopted by the Committee at their sitting held
th
on 8 December, 2010.
CHAPTER-I
(Appendix-I) was introduced in Rajya Sabha on 31 August, 2010 and was referred
examination and report to the House within two months i.e. by 7 November, 2010.
Hon‟ble Speaker, subsequently, permitted extension of time upto the last week of
Winter Session of Parliament for the purpose of presenting Report on the request of
the Standing Committee as per the decision taken at the sitting held on 20 October,
2010 so as to facilitate wider consultations on the provisions made under the Bill.
2. The aforesaid legislation seeks to settle the long-pending issues of the status
established w.e.f. 23 November, 1997 as per the provisions made under „The Prasar
Prasar Bharati, All India Radio and Doordarshan were attached offices of the
Bharati after its establishment. Section 11 of the Prasar Bharati Act provides for
Corporation by the Central Government where it has ceased to perform any of the
no such order shall be made in respect of any officer who has intimated, within the
However, the employees were not given option in terms of Section 11 for transfer
of their services to the Corporation. As indicated by the Ministry, such option has
been dispensed with in view of the resistance from the Staff/Employees
Associations.
3. It has been mentioned in the Statement of Objects and Reasons of the Bill
that the Government kept receiving representations from the employees about their
rise to a number of litigations in various High Courts. Since the matter concerning
final view. Further, Supreme Court of India, in appeals clubbed together in Civil
Appeal No. 3244/2002, while upholding the right of the Prasar Bharati Broadcasting
February, 2007 to take a firm decision in terms of Section 11 of the aforesaid Act
and complete the entire process of deciding the service related issues of Prasar
Bharati employees.
continue to serve in Prasar Bharati on „deemed deputation‟ basis till the time of
their retirement with all facilities at par with Central Government employees and
that the persons recruited after 23 November, 2007 i.e. the date on which Prasar
Bharati was established, and serving in Prasar Bharati on the date of the decision of
the Group of Ministers i.e. 5 October, 2007 will also be treated as Government
employees on „deemed deputation‟ to Prasar Bharati and will enjoy all facilities at
par with the Central Government employees. With regard to the matters related to
the posts borne on the strength of the cadres of the Indian Information Service,
Central Secretariat Service and any other cadres borne outside Akashvani and
Doordarshan, the Bill provides that the terms and conditions of their service in the
Corporation shall be such as may be prescribed by rules. Further, the amending
legislation provides that the provisions made under the proposed Bill shall not
charged basis.
5. Since the provisions made under the Bill relate to the service conditions of
the employees working in Prasar Bharati, the Committee invited views of various
Bharati briefed the Committee about the provisions made in the Bill at their sitting
Department and Department of Legal Affairs of the Ministry of Law and Justice
assisted the Committee in clarifying the various legal issues involved. The
Committee in the process of examination of the Bill called for written replies to
various issues that emerged during the deliberations on the provisions made under
Bill from the Ministry of Information and Broadcasting as well as Prasar Bharati.
Having examined the provisions made under the Bill after due deliberations and in
Committee could arrive at their views on the various provisions made in the Bill.
made in the Bill has been given in the subsequent Chapters of the Report.
CHAPTER-II
II. ANALYSIS OF THE PRASAR BHARATI (BROADCASTING
CORPORATION OF INDIA) AMENDMENT BILL, 2010
(i) The status of employees working in Prasar Bharati
known as Prasar Bharati. The said Act came into force on 15 September,
1997. The accounts of Prasar Bharati were separated from the accounts of
receiving funds as Grants-in-Aid and loan w.e.f. 1 April, 2000. The Prasar
Information and Broadcasting until this time the salaries of employees and
India.
8. Out of 36675 employees 2738 (2465 for AIR and 273 for Doordarshan)
were recruited during the period 23 November, 1997 (the appointed day
were recruited after 5 October, 2007. Thus out of total 36675 employees
33042 employees i.e. 90.09 per cent of the employees were serving in All
India Radio and Doordarshan prior to the establishment of Prasar Bharati
the Indian Information Service the Central Secretariat Service or any other
appointed day. When enquired about the reasons for not calling the option
from officers and staff and absorbing them as Prasar Bharati employees, the
never be obtained from the employees and the uncertainty about their
the Bill, the Government kept receiving representations from the employees
Broadcasting have consistently been insisting to end the stalemate about the
status of employees.
on the ground that the Corporation does not have the power to transfer the
employees and by an order dated 6 October, 2000, the said transfer orders
Writ Petition in 2001 (CWP No. 10856-CAT/2001) before the High Court of
Punjab and Haryana which was dismissed by the said High Court on 26 July,
2001. Aggrieved by the said judgment of the High court, the Corporation
complete the entire process of deciding the service related issues of Prasar
under:-
18. When asked about the reasons for making the difference between the
aforesaid two categories of officers and employees, the Ministry in the
written response has stated that under the provisions in the proposed Clause
11 (1) and (2), the employees covered shall be on deemed deputation to the
Corporation till their retirement and they shall be eligible for all the benefits
on par with the Government servants.
20. As stated in the earlier part of the report, 2738 employees were
recruited after the establishment of Broadcasting Corporation of India to 5
October, 2007 and as per the cut-off date decided by Group of Ministers, the
Bill proposes the status of deemed deputation for such employees. As per
the information furnished by Prasar Bharati, 895 employees were recruited
after 5 October, 2007. The Bill provides that such officers and employees
recruited after 5 October, 2007 shall be officers and employees of the
Corporation and be governed by such conditions of service as may be
specified in the regulation. The representatives of ADASA who appeared
before the Committee apprehended that the officers and employees who are
recruited and working in Prasar Bharati after 2007 may also claim the status
of deemed deputation and the amendment may create a lot of problem in
future to the employees. When enquired how one category of employees
recruited after the establishment of Prasar Bharati can be considered on
deemed deputation and the second category as regular employees of Prasar
Bharati, the representative of the Ministry of Information and Broadcasting
during the course of deliberations submitted as under:-
“Actually for this distinction between deemed deputation and
Prasar Bharti‟s own employees the cut off date is 2007.
Anything before that is deemed deputation and anything after
that is Prasar Bharti. That is very clear.”
25. While commenting on the demand of ADASA for grant of upgraded pay
scales on par with 11 categories of programme and engineering staff, the
Ministry in the written note stated as under:-
“The demand of ADASA for grant of upgraded pay scales on par
with the 11 categories of programme and engineering staff by
decision of the Cabinet in the year 1999 was considered by the
GoM on Prasar Bharati in their second meeting held on 17 June,
2010. The GoM has recommended that a group of Joint
Secretaries of the Departments of Expenditure, Legal Affairs,
Personnel and Training and the Ministry of Information and
Broadcasting may be constituted to look into the specific issues
relating to disparity in pay scales and other related issues for
categories of employees that are exclusive to the Ministry of
Information and Broadcasting/Prasar Bharati arising out of
upgraded pay scales granted to 11 categories of employees of
Prasar Bharati as per the decision taken in 1999. The GoM has
further recommended that the issues relating to disparities in the
pay scales of common administrative categories of employees
like LDCs, UDCs and other ministerial cadres would not be
considered by the Committee as this would have wide ranging
implications. The Group of Joint Secretaries is examining the
issues as per the recommendations of GoM.”
26. The Bill provides that all officers and employees recruited after 5
October, 2007 shall be officers and employees of the Corporation and shall
be governed by such conditions of service as may be specified in the
regulation. Section 33 of „The Prasar Bharati Act, 1990‟ provides for making
regulations for enabling the Corporation to perform its functions under the
Act. The aforesaid Section further provides that such regulations shall be
made only with the prior approval of the Central Government. Section 33
(2) (c) provides for making regulations with regard to the method of
recruitment and conditions of service of officers and other employees.
Further the proposed amended Section 33 (d) provides for making
regulation in respect of the condition of service of officers and employees
recruited after the 5th day of October, 2007. Section 10 of the Act provides
for the establishment of Recruitment Board. As per the information
furnished by the Ministry, the said regulations have not yet been notified.
The Group of Ministers in its meeting held on 17 June, 2010 has directed
Prasar Bharati to finalize the recruitment regulations and service conditions
for all categories of employees and the proposal for constitution of the
Recruitment Board and place the same for the consideration of the Prasar
Bharati Board latest by 31 July, 2010. The GoM further directed that Prasar
Bharati would take a decision on all these proposals by 31 August,
2010. As per the information furnished by Prasar Bharati, Recruitment Rules
of over 190 cadres in Doordarshan and AIR are under active consideration
and finalization. At present, 88 numbers of RRs have been scrutinized and
screened for being put up to Prasar Bharati Board for approval before they
are sent to the Ministry of Information and Broadcasting for clearance. The
Committee have further been informed that the remaining RRs are also
expected to be finalized shortly and would be placed before the Board.
With regard to setting up of Recruitment Board, the Ministry has informed
that the draft Notification for constituting the Recruitment Board has been
received in the Ministry on 16 November, 2010 and is under
examination in the Ministry.
27. The data with regard to sanctioned strength and vacancies as
furnished by Prasar Bharati has been given at Appendix-III. The analysis
of the data indicates that out of the sanctioned strength of 48173, 11498
posts i.e. almost one-fourth of the posts are lying vacant. In the
Programme Wing, the position is more critical. Out of the sanctioned
strength of 10679, 3746 posts i.e. 35.08 per cent of posts are lying vacant.
28. CEO, Prasar Bharati while updating the Committee about the status of
Recruitment Regulations, service conditions and Recruitment Board(s) stated
as under:-
“Considering the kind of work which is involved, the strategy
that we have adopted, broadly speaking, is that the critical
vacancies which we had identified earlier and which had been
communicated, and the number of such critical vacancies is
3,452. In respect of those critical vacancies, we are first
concentrating on such cadres that would contribute the
maximum critical vacancies. So, we have done the work in
respect of these 88 cadres. It covers that.
In any case, we can only do all these only when the Recruitment
Board actually comes into being, for which we have already sent
a notification to the Government for clearing it.”
29. He further added as under:-
“It is difficult for me to tell you straightaway that we will indeed
finish this work of 190 cadres rolls in two months. As I told you
that within a few months we have done 88 cadres and that takes
care of the initial work, which we are going to undertake and
also the remaining work. All of them are various stages of
finalization.”
33. When asked to furnish the details of the entitlement of pay and
allowances and other perks to the regular employees of Prasar Bharati as
well as the employees on deemed deputation as per the amending
legislation, the Ministry of Information and Broadcasting has stated that the
employees on deemed deputation to Prasar Bharati shall be entitled to pay
allowances and other perks on par with the Government servants. They
would be given CGHS, Government accommodation, pension, admission of
wards in Kendriya Vidayalaya etc. This has been incorporated in suggested
sub-section 11 (3) of the proposed legislation.
34. About the housing facility, the Ministry has further stated that the
employees of erstwhile AIR and Doordarshan, on deemed deputation to
Prasar Bharati, continue to be eligible for allotment of General Pool
accommodation beyond November, 2007 on the same basis as other eligible
Government servants and they have not been allocated specific houses by
Directorate of Estates for allotment to the employees of Prasar Bharati.
35. When asked whether Prasar Bharati plan to construct their own houses
for the residential purpose of Prasar Bharati, the Committee have been
apprised that the Prasar Bharati has been constructing residential quarters
of its own wherever land is available and is part of Plan projects scheme. At
present the following staff quarters are being constructed by Prasar Bharati:-
(i) 916 staff quarters in four metros, i.e. Delhi, Chennai, Mumbai
and Kolkata;
(ii) 32 number of hostel accommodation at Srinagar; and
(iii) 38 number of staff quarters at Guwahati.
42. Asked to comment upon the suggestion of the Association, the Ministry
in the written reply has stated that the work charged employees are not
regular employees. A proposal for regulation of these employees is under
consideration in the Ministry. About the steps being taken by the Ministry
to regularize the service of these employees, the representative of the
Ministry during the course of oral evidence stated:
“….......Now, „work charged‟ by its very definition means
employees, who are kept against the requirements of a
particular work. That is why they are kept. By their very
nature, the employment of a work charged employee should
finish when the work finishes. That is why they are called work
charged. They are charged on the work. That is where the
salary comes from......... The cadre is being managed by the All
India Radio. They have been asked to identify the equivalent and
matching regular posts, which are vacant in the All India Radio
and Doordarshan against which the regularisation of these work
charged staff could be considered. We are awaiting this
information. There are about 11,000 posts vacant in Prasar
Bharati. The minute these vacant posts can be adjusted, the
minutes we get an equivalent posts from there, these people
would be adjusted against those posts, and this category of work
charged employees would cease to exist...........Anybody who is
entitled to get pension automatically is falling into the same
category in which the deemed deputation employees are falling.
So, they would also move into the deemed deputation category.”
45. During the course or examination of the Bill, the staff Association who
submitted written views and appeared before the Committee stated that on
29 August, 2005 Government of India had filed an affidavit in the Hon‟ble
Supreme Court admitting that Prasar Bharati is financially unviable and will
remain so in foreseeable future on account of public obligations. It was also
brought in the notice of Committee that it has become the regular practice in
Prasar Bharati that employees at various stations are receiving their salary
after 7 to 10 days of salary day since January, 2009. Besides, welfare
measures like reimbursement of medical bills, training; TA/DA, Overtime
Allowance for performing additional duties etc. are hampered due to the lack
of fund in Prasar Bharati. The Associations also brought to the knowledge of
the Committee the issues related to non-maintenance of infrastructure of
Prasar Bharati due to fund constraints.
46. Therefore, a suggestion was made to ensure salary, perks and pension
of these employees, maintenance and development of infrastructure are met
from Consolidated Fund of India.
47. On being asked to comment on this aspect, the Ministry has stated the
affidavit has been filed in the year 2005 on behalf of Prasar Bharati.
48. In so far as the issue of financial viability of Prasar Bharati is
concerned, the Committee have been informed that a Group of Ministers was
constituted in the year 2006 to look into various issues relating to Prasar
Bharati including the issue of Capital and Financial restructuring of Prasar
Bharati. The agenda was considered by the newly constituted GoM in its
meeting dated 16 April, 2010. The GoM has recommended 50 per cent of
the annual operating expenses of Prasar Bharati should be borne by Prasar
Bharati from its internal Extra Budgetary Resources and the remaining 50
per cent will henceforth be met by non-plan grants-in-aid by the
Government In regard to the Government support to Prasar Bharati, it was
recommended that the level of 50% non plan support by Government may
be maintained for the next 5 years i.e. 2010-11 to 2014-15 and the same
will be reviewed thereafter in order to scale down the quantum of non-plan
support by Government to Prasar Bharati. As regards, plan funding by
Government to Prasar Bharati, the GoM recommended that henceforth the
plan support by Government to Prasar Bharati may be in the form of grants-
in-aid and not in the form of loan.
49. The Ministry has informed that the GoM while recommending that 50
per cent of the operating expenses will be borne by Government of India,
has taken into consideration the present pattern of expenditure in Prasar
Bharati.
50. In this context the representative of the Ministry during the course of
evidence submitted as under:
“Regarding 50 per cent, we did tend to get bogged down and as
I mentioned right at the beginning, the Group of Ministers took
this decision of 50:50 based on data which was provided, and
the data was projections made by Prasar Bharati about their
expectations of income. Now, the Group of Ministers, on that
basis, said: “Let us maintain 50:50 ratio for the next five years,
and we can thereafter meet and see what view needs to be
taken”.
51. When specifically asked whether Prasar Bharati is in a position to bear
50 per cent of the annual operating expense of the organization, CEO, Prasar
Bharati during oral evidence stated:
“.........it is not actually correct to look at Prasar Bharati as a
commercial entity which is driven to us earlier. We were
conceived of as a creation of the statute which would perform
public service. And the responsibility by the Parliament was cast
on the comment to give such adequate revenue as is found fit
for Prasar Bharati to be enabled to perform its function. That was
the concept under which the Prasar Bharati came into being.
Over the years, this thing also has been evolved that we should
also try to make revenue and towards that we have been
striving.”
employees i.e. 90.09 per cent of the employees were serving in All
The unprofessional way Prasar Bharati dealt with the situation led to
addresses to the concerns of the employees has been taken and „The
subsequent paras.
amendments as per the Bill under consideration are still not totally
a decision one way or the other. The non exercise of the statutory
functions by the Government for such a long time has resulted into
Although some attempt has been made now by way of bringing the
and the proposal for constitution of the Recruitment Board and place
the same for the consideration of the Prasar Bharati Board latest by
31 July, 2010, the said regulations and service conditions could not
taken care of. The Ministry in this regard has informed that
Bharati are notified and the amending provisions are put into
operation.
recruited during the period on or after the appointed day till the 5th
2465 employees for AIR and 273 employees for Doordarshan were
recruited during this period and (b) all officers and employees
recruited after the 5th day of October, 2007. As per the information
October, 2007.
to the Corporation with effect from 1st day of April, 2000 or the date
that the accounts of Prasar Bharati were separated w.e.f. 1st April,
2000 (covered under proposed Section 11(1) and (b) all officers and
till 5th day of October, 2007 (covered under proposed Section 11(2)
provided till retirement but for (b) category the word „till retirement‟
has not been added. The Committee understand from the written
retirement to both said „a‟ and „b‟ categories. The Committee feel
the Government.
Boards for the purposes of Section 9 which prescribe for the method
cadres. In case of Prasar Bharati, the status of not only the officers
Committees and GoM. The plea that Prasar Bharati is different from
the organization.
10. The Committee are concerned to note that Prasar Bharati was
strength of 48173, 11498 posts i.e. almost one fourth of the posts
35.08 percent of posts are lying vacant. This is absolutely the sorry
about the status of employees ends and the critical vacancies are
effective way.
11. As per the proposed Clause 11(5) of the amending Bill, the
officers and employees recruited after the 5th day of October, 2007
way so that the apprehensions of the officers and employees are set
decision of the Cabinet in the year 1999 was considered by the GoM
to look into the specific issues relating to disparity in pay scales and
like LDCs, UDCs and other Ministerial Cadres, the Committee have
been informed that the Group of Ministers has already taken a view
that the pay scales of the said employees would not be looked into in
view of the wide ranging implications. The Committee note from the
13. The Committee have been informed by the Ministry that the
that in the Bill it has been mentioned that such officers and
that Prasar Bharati plans to construct their own houses for the
was stated that the Union Cabinet in its meeting held on 28 January,
proviso was added in the aforesaid Bill placed before the Supreme
in this regard.
been mentioned that the terms and conditions of their service shall
Objects and Reasons in this regard states that the Group of Ministers
Broadcasting and Prasar Bharati may jointly work out the number of
While appreciating the intention of the Ministry for not giving any
the Central Secretariat Service and other cadres borne outside the
legal complications and as such recommend that the posts for these
Wing of All India Radio who do not find any place in the amending
Bill leading to the status of these employees being vague. When the
have been informed that the steps are being taken to regularize the
Further, the Committee have also been assured that the said
before bringing the amendments and then put the status of these
matching posts within the stipulated time frame and the services of
17. The Committee are concerned to note that the Ministry in the
being financially unviable before none other than the highest judicial
body of the country i.e. the Supreme Court of India. From the data
the year 2006-07 to 2008-09, as per the actuals 47 per cent (2006-
have been informed that GoM in its meeting held on 16 April, 2010
Bharati should find out ways and means to mobilize funds to reduce
The Committee are of the firm view that Prasar Bharati can definitely
to take the decision in this regard which would further help Prasar
how the difference between the mandate of Prasar Bharati and the
to meet the gap between the 50 per cent i.e. the mandate minus the
employees and they would put their best for the organization
Broadcasting Council in spite of the fact that the word „shall‟ has
context has informed the Committee that GoM in their meeting held
Committee Report. The Ministry has also stated that these proposals
******
APPENDIX-II
STATEMENT INDICATING THE HISTORY AND BACKGROUND OF THE BILL AS
FURNISHED BY THE MINISTRY OF INFORAMTION AND BROADCASTING
Prior to the creation of Prasar Bharati, All India Radio and Doordarshan
were attached offices of Ministry of Information & Broadcasting. The
employees on the strength of All India Radio and Doordarshan, were
Central Government employees.
Section 11 of the Act states that it shall be lawful for the Central
Government to transfer any of the officers or other employees, from
Central Government to the Corporation. However, the Central
Government had to first ask such officers or other employees their
option and if the officers and employees intimates their unwillingness
to become an employee of the Corporation, then such transfer shall
not be given effect to.
After the formation of Prasar Bharati steps were taken to finalize the
Recruitment Rules and service conditions so that the Central
Government employees working on deemed deputation could exercise
their options in terms of Section 11 of the Act.
In September 2002, regulations in respect of as many as 122
categories of employees out of the 163 identified categories were
notified in consultation with the Central Government.
The committees looking into the issue submitted their reports with
draft regulations covering various identified categories. However, the
Employees were not satisfied even with the said regulations.
On 18th September 2002, another order was issued; stating that the
services of all Government servants of' Akashvani and Doordarshan
are placed on deemed deputation basis to Prasar Bharati without
deputation allowance w.e.f. 1st April, 2000 and further stated that this
order shall remain in force till the said employees are transferred to
the Corporation in accordance with Section 11 of the Act. This situation
continues till date.
On 21st November 2006 and the Supreme Court observed that the
hearing of the main appeal would be proceeded with and directed
impalement of Union of India as a party and issued notice to the Union
of India. Union of India was directed to file its affidavit within a period
of three weeks.
Accordingly, Union of India filed its affidavit before this Hon'ble Court
on 13th December 2006.
In the said affidavit it was stated that in order to seek options from
employees, the terms and conditions of service of the said employees
are to be determined and that is an issue which has a vital linkage
with the financial structure and viability of Prasar Bharati. It was
further stated that a GOM has already been constituted by the Central
Government in this regard. It was also informed that the said GOM has
already held three sittings.
In the said Judgment dated 2nd Februarv 2007 the Supreme Court
while upholding the right of Prasar Bharati to transfer its employees
directed Union of India to take a firm decision in terms of Section 11 of
the Act regarding the status of Prasar Bharati employees to end the
uncertainty regarding their service conditions within six months.
Meanwhile, employees of the Corporation launched agitations all over
India demanding that their status as Government servants should be
maintained and all facilities like Government accommodation, health
facilities under CGHS and admission of their wards to Kendriya
Vidyalayas should be continued.
The GOM met again on 5.10.2007. In the said meeting a firm, decision
was taken to continue the employees on deemed deputation till their
retirement with all the benefits available to Government servants. It
was also decided to seek Cabinet approval on the said
recommendation of the GOM including approval for required
amendments to Section 11 of the Act and Rule ,37 A of the CCS
(Pensions) Rules, 1972 to enable the employees to continue on
deemed deputation till their retirement instead of only till such time as
their services are transferred to the Corporation.
The employees unions/associations were initially agreeable to the
option of deemed deputation, subsequently started demanding that
they should be treated as regular government employees. The
employee unions continued their agitations.
27.02.2008: NFADE in its letter to the Ministry stated that they reject
the proposed amendments as it will create three categories of
employees in Prasar Bharati. In the said letter it was stated that they
had earlier demanded the repeal of Prasar Bharati Act, but after
regular meetings with the GOM and Ministry of I&B, they had agreed
for the proposals for amendments in the Act in order to retain the
employees and the assets of AIR and Doordarshan with the
Government while granting functional autonomy to Prasar Bharati.
*****
APPENDIX-III
*****
Confidential
PRESENT
Shri Rao Inderjit Singh -- Chairman
MEMBERS
Lok Sabha
Rajya Sabha
Secretariat
List of Witness
Ministry of Information & Broadcasting
List of Witness
Prasar Bharati
2. At the outset, the Chairman welcomed the Members to the first sitting
of the Committee on Information Technology constituted for the year 2010-
11 and congratulated them on their nomination to the Committee.
3. xxxxx xxxxx xxxxx xxxxx
xxxxx.
4. The Hon‟ble Chairman thereafter informed the Committee that Prasar
Bharati (Broadcasting Corporation of India)Amendment Bill, 2010 has been
referred by the Hon„ble Speaker, Lok Sabha on 8 September, 2010 for
examination and report within 2 months i.e. by 7 November, 2010. He also
informed that the list of points seeking the detailed information in
connection with the aforesaid Bill was sent by the Secretariat to the Ministry
of Information and Broadcasting on 17 September, 2010 and the replies
from the Ministry of Information and Broadcasting and Prasar Bharati were
received by 18 October, 2010 in the Secretariat. The Employees
Associations/Federations of AIR and Doordarshan have also been requested
to furnish the Memoranda to the Secretariat which are still awaited. The
Committee after deliberations unanimously decided to have consultations
with Employees Associations/Federations of AIR and Doordarshan for in
depth examination of the Bill keeping in view the fact that the legislation
seeks to settle the long pending issues of the status of employees working in
Prasar Bharati. As such, the Committee decided that Hon‟ble Speaker might
be requested to give extension of time for presentation of the report on the
aforesaid Bill till the last week of Winter Session of Parliament.
MEMBERS
Lok Sabha
Rajya Sabha
SECRETARIAT
4. Before the witnesses were asked to depose before the Committee, the
Chairman welcomed them and drew attention of each of the witnesses to the
provisions of Direction 55 (1) of the Directions by the Speaker, Lok Sabha.
5. The representatives of the staff/employees Associations explained
their views/suggestions on the Prasar Bharati (Broadcasting Corporation of
India) Amendment Bill, 2010 which seeks to settle the long pending issues
about the status of the employees working in Prasar Bharati. While
responding to the various queries of the Members, they also placed before
the Committee their suggestions on some of the provisions made under the
aforesaid Bill.
6. The Chairman then thanked the representatives of the staff/employees
associations for appearing before the Committee and furnishing information
which the Committee desired in connection with examination of the Prasar
Bharati (Broadcasting Corporation of India) Amendment Bill, 2010.
A verbatim record of the proceedings has been kept.
The Committee, then, adjourned.
*****
Confidential
MEMBERS
Lok Sabha
Rajya Sabha
8. Shri M.P.Achuthan
9 Shri Mohammad Adeeb
10. Shri Salim Ansari
11. Shri P. Rajeeve
12. Shri Jesudasu Seelam
SECRETARIAT
PRASAR BHARATI
1. Shri B.S. Lalli CEO
2. Shri V. Shivakumar Member (P)
3. Ms. Noreen Naqvi DG (AIR)
2. The following representatives from the Ministry of Law & Justice were
present to assist the Committee:-
Legislative Department
3. At the outset, the Chairman welcomed the Members to the sitting of the
Committee convened to take oral evidence of the representatives of the
Ministry of Information and Broadcasting and Prasar Bharati in connection with
the examination of „The Prasar Bharati (Broadcasting Corporation of India)
Amendment Bill,2010‟.