ACT NO. XXXII OF 1973
9TH FEBRUARY, 1973
An Act to establish a Pakistan Broadcasting Corporation
WHEREAS it is expedient to provide for the establishment of a Broadcasting Corporation to ensure effective operation and growth of broadcasting as a function-oriented public service medium, general improvement in the quality of programmes, speedy im¬plementation of projects and better utilization of talent, and for matters connected therewith ;
It is hereby enacted as follows :—
l. Short title extent and commencement. — (l) This Act may be called the?; Pakistan Broadcasting Corporation Act, 1973.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once and shall be deemed to have taken effect on the twentieth day of December, 1972.
In this Act, unless there is anything repugnant in the subject or context,—
(a) “Board” means the Board of Directors of the Corpora¬tion ;
(b) “Chairman” means the Chairman of the Board ;
(c) “Corporation” means the Pakistan Broadcasting Corporation established under section 3;
(d) “Director” means a Director of the Corporation ;
(e) “regulation” means a regulation made under this Act;
(f) “rule” means a rule made under this Act;
(g) “station” means any production, receiving, or trans¬mitting unit, fixed or mobile.
ESTABLISHMENT AND INCORPORATION OF THE CORPORATION
3. Establishment of the corporation, — (l) From the commencement of this Act, there shall be established a Corporation to be called the Pakistan Broadcasting Corporation.
(2) The Corporation shall be a body corporate by the name of the Pakistan Broadcasting Corporation, having perpetual succession and a common seal, with power to hold and dispose of property, and shall by the said name sue and be sued.
4. The Board. — (1) The general direction and the administration of the affairs of the Corporation shall vest in a Board, to be constituted in accordance with the provisions of sub-section (2).
(2) The Board shall consist of the following Directors, namely—
(a) the Chairman of the Board, to be appointed by the Federal Government ; and
(A) not more than seven other Directors, of whom one shall be the Director-General and one the Finance Director, to be appointed by the Federal Government.
(3) In particular and without prejudice to the generality of the provisions of sub section (1), the Board shall have full powers with regard to—
(a) the preparation of the annual revenue budget of the Corporation and approval of that budget and expendi-ture not included in its annual budget for capital and development expenditure;
(b) the formulating and implementing of all programmes and policies ; and
(c) the making of plans for technical development within the country and for promotion of the Corporations interests abroad.
5. Qualifications of Directors and term of office. — (1) A Director, other than the Finance Director, shall be a person with experience in the field of broadcasting and public information media.
(2) A Director shall hold office during the pleasure of the Federal Government.
(3) A Director may at any time, by writing under his hand addressed to the Federal Government, resign his office, but he shall continue to perform his functions until his resignation has been accepted by the Federal Government.
6. Removal of Directors. The Federal Government may, by notification in the official Gazette, remove a Director other than the Chairman if—
(a) he refuses or fails to discharge, or becomes, in the opin¬ion of the Federal Government, incapable of discharg¬ing his responsibilities as a Director ;
(b) he is adjudged an insolvent by a competent court ; or
(c) he is declared to be disqualified for employment in, or has been dismissed from, the service of Pakistan ; or
(d) he is convicted of an offence involving moral turpitude.
7. Meetings of the board. – (1) The Board shall meet at such time and such place as may be prescribed by regulations :
Provided that not less than one meeting of the Board shall be held every month.
(2) To constitute a quorum at a meeting of the Board, the Chairman, or in his absence a Director authorised by him, and two other Directors shall be present.
(3) The Chairman, or in his absence ;. Director authorised by him, shall preside at the meetings of the Board.
8. Director General. — (1) There shall be a Director-General of the Corporation , who shall be appointed by the Federal Government on such salary and terms and conditions as the Federal Government may de¬termine and shall be the chief executive of the Corporation.
(2) The Director-General shall hold office during the pleasure of the Federal Government.
9. Delegation of powers. The Board may, from time to time, delegate any of its powers to the Director-General or any other officer of the Cor¬poration.
FUNCTIONS OF THE CORPORATION
10. — (1) The functions of the Corporation shall be—
(a) to provide broadcasting services for general reception in all parts of Pakistan and the territorial waters thereof and on board ships and aircrafts (such services being hereafter referred to as Home Services) and in other countries and places (such services being hereafter re¬ferred to as External Services) for the purposes of dis¬seminating information, education and entertainment through programmes which maintain a proper balance in their subject-matter and a high general standard of quality and morality ;
(b) to broadcast such programmes as may promote Islamic ideology, national unity and principles of democracy, freedom, equality, tolerance and social justice as en¬unciated by Islam, discourage parochial, racial, tribal, sectarian, linguistic and provincial prejudices and reflect the urges and aspirations of the people of Pakistan;
(c) to broadcast in the Home Services such special program¬mes as the Federal Government may, from time to time, direct; …
(d) to broadcast programmes in the External Services to such countries and in such languages and at such times as the Federal Government may, from time to time, direct;
(e) to bring to public awareness the whole range of signi¬ficant activity and to present news or events in as factual, accurate and impartial a manner as possible ;
(f) to carry out instructions of the Federal Government with regard to general pattern or policies in respect of programmes, announcements and news to be put out on the air from time to time ;
(g) to hold the existing, and to construct or acquire and establish or install additional, stations and apparatus;
(i) to hold the existing, and to construct or acquire ad¬ditional, equipment and apparatus for telephony in Pakistan for purposes of broadcasting ;
(j) to compile, prepare, print, publish, issue, circulate and distribute, with or without charge, such papers, ma¬gazines, periodicals, books, circulars and other such -matter as may be conducive to any of the functions of the Corporation ; and
(7) to collect news and information in any part of the world in any manner that may be deemed fit.
(2) In the discharge of its functions the Corporation shall be guided on questions of policy by the instructions, if any, given to it from time to time by the Federal Government which shall be the sole judge as to whether a question is a question of policy.
11. Employment of officers and staff. The Board may, from time to time, employ such per¬sons as it may consider necessary for the performance of its functions on such terms and conditions as it may prescribe by regulations.
12. Transfer of Radio Pakistan servants to the corporation. — (1) Notwithstanding anything to the contrary in any contract or agreement or in the conditions of service, the Federal Government may, subject to the provisions of sub-sections (2) and (3), transfer persons in the service of Pakistan and serving in connection with the affairs of the department of the Govern¬ment of Pakistan headed by the Director-General, Radio Pakistan, hereinafter referred to as Radio Pakistan, immediately before the commencement of this Act, including persons on deputation to other organisations in Pakistan or abroad, to the Corporation on the same terms and conditions to which they were entitled immediately before such commencement.
(2) Notwithstanding anything in sub-section (1), only such members of the Information Service of Pakistan serving Radio Pakistan immediately before the commencement of this Act shall be transferred to the Corporation as opt for service in the Corporation.
(3) The persons transferred to the Corporation under sub¬section (2) shall, on such transfer, cease to be members of the Information Service of Pakistan.
(4) The terms and conditions of service of the members of the Information Service of Pakistan transferred to the Cor¬poration under sub-section (2) shall not be altered by the Cor¬poration to their disadvantage.
(5) No person in the service of Pakistan who is transferred to the Corporation under sub-section (1) shall, notwithstanding anything contained in any law for the time being in force, be entitled to any compensation because of such transfer.
13. Sources income. The sources of income of the Corporation shall be—
(a) grants-in-aid made by the Federal Government for approved projects of the Corporation ;
(b) moneys paid by the Federal Government for the expen¬diture incurred by the Corporation on the External Services and other services performed by the Corpora¬tion at the instance and on behalf of that Government;
(c) such annual subsidy as the Federal Government may grant;
(d) licence fee as the Federal Government may fix in res¬pect of licences issued under section 4 of the Wireless Telegraphy Act, 1933, to possess wireless telegraphy apparatus ;
(e) income derived from sale of programmes and broad¬cast time for advertisement; and
(f) income from other sources.
14. Budget for capital and development expenditure. Before the commencement of each financial year, the Corporation shall submit to the Federal Government for its approval a budget for the capital and development expenditure proposed to be incurred by the Corporation during the financial year and shall not incur any expenditure of the nature of capital and development expenditure which is not provided for in the budget as approved by the Federal Government.
15. Borrowing power. The Corporation may, with the previous sanction of the Federal Government, and on such terms and conditions as may be approved by the Government, borrow in Pakistan currency or foreign currency.
16. Audit and accounts. — (1) The accounts of the Corporation shall be main¬tained in such manner as may be prescribed by rules and shall be audited every year, in such manner as may be so prescribed, by an auditor appointed by the Corporation who is a chartered accountant within the meaning of the Chartered Accountants Ordinance, 1961, and, if the Federal Government so directs, by the Auditor-General of Pakistan.
(2) Copies of the audit report shall be seat to the Boar4 and the report shall also be available for public inspection.
(3) The statement of audited accounts of the Corporation together with a report of the Board thereon shall be furnished to the Federal Government by the Corporation within six months of the close of every financial year.
(4) The Federal Government may at any time issue directions to the Corporation to rectify any audit objection and the Corpora¬tion shall comply with every such direction.
17. Exemption from taxes. Notwithstanding anything contained in the Income-tax Act, 1922, the Business Profits Tax Act, 1947, the Gift-tax Act, 1963, the Wealth-tax Act, 1963, or any other law for the time being in force relating to income-tax, super-tax, wealth-tax, gift-tax or business profits tax, the Corporation shall not be liable to pay any such tax on its income, profits or gains.
18. Reports. (1) The Corporation shall submit to the Federal Govern¬ment at such time, after the end of every financial year, in such form and in such. manner as may be prescribed by rules, a report on the conduct of its affairs for that year.
(2) The Federal Government shall cause the report to be laid before the National Assembly.
19. Transfer of assets and liabilities of Radio Pakistan. All assets and liabilities of the Federal Government in relation to Radio Pakistan subsisting immediately before the commencement of this Act shall, unless the Federal Government, by notification in the official Gazette, otherwise directs, vest in the Corporation as from such commencement.
20. Liquidation of Corporation. No provision of law relating to the winding up of com¬panies shall apply to the Corporation and the Corporation shall not be wound up save by an order of the Federal Government and in such manner as the Federal Government may direct.
RULES AND REGULATIONS
21. Power to make rules. The Federal Government any make rules for carrying out the purposes of this Act.
22. Power to make regulations. The Board may, with the previous sanction of the Federal Government, make regulations to provide for all matters not required to be provided for by rules and for which provision is necessary or expedient for carrying oat the purposes of this Act.
23. Repeal. The Pakistan Broadcasting Corporation Ordinance, 1972, is hereby repealed,