The PRASAR BHARATI (BROADCASTINGCORPORATION OF INDIA) ACT, 1990

PRASAR BHARATI (BROADCASTING CORPORATION OF INDIA)

Section 7: Removal and suspension of Chairman and Members.

(1)Subject to the provisions of sub-section (3), the Chairman or any other Member,except an ex officio Member, the Nominated Member and an elected Member, shallonly be removed from his office by order of the President of India on the groundof misbehavior after the Supreme Court, on a reference being made to it by thePresident, has, on inquiry held in accordance with such procedure as the SupremeCourt may by rules provide, reported that the Chairman or such other Member, asthe case may be, ought, on such ground, be removed.

(2) ThePresident may suspend from office the Chairman or other Member except an exofficio Member, the Nominated Member or an elected Member, in respect of whom areference has been made to the Supreme Court under sub-section (1) until thePresident has passed orders on receipt of the report of the Supreme Court onsuch reference.

(3)Notwithstanding anything contained in sub-section (1), the President may, byorder, remove the Chairman or any Whole-time Member from his office if suchChairman or such Whole-time Member—

(a) ceases to be a citizen of India; or

(b) is adjudged an insolvent; or

(c) engages during his term of office in any paidemployment outside the duties of his office; or

(d) is convicted of any offence involving moral turpitude;or

(e) is, in the opinion of the President, unfit to continuein office by reason of infirmity of body or mind: 1. Words “The Executive Member,” omitted by Act 12 of 2008, s. 2 (w.e.f. 7-2-2008). 2. Ins. by s. 2, ibid. (w.e.f. 7-2-2008).

Provided that the President may, by order, remove anyPart-time Member from his office if he is adjudged an insolvent or is convictedof any offence involving moral turpitude or where he is, in the opinion of thePresident, unfit to continue in office by reason of infirmity of body or mind.

(4) If the Chairman or any Whole-time Member, except any exofficio Member, the Nominated Member or any elected Member, is, or becomes in anyway concerned or interested in any contract or agreement made by or on behalf ofthe Corporation or the Government of India or the Government of a State or,participates in any way in the profit thereof, or in any benefit or emolumentarising therefrom than as a member, and in common with other members of anincorporated company, he shall, for the purposes of sub-section (1), be deemedto be guilty of misbehaviour.

(5) If a Part-time Member is, or becomes in any wayconcerned, or interested in any contract or agreement made by or on behalf of theCorporation, he shall, for the purposes of sub-section (1), be deemed to beguilty of misbehaviour.

(6) The Chairman or any other Member may resign his officeby giving notice thereof in writing to the President of India and on suchresignation being accepted, the Chairman or other Member shall be deemed to havevacated his office.