9
SRI LANKA BROADCASTING CORPORATION [Cap. 365 CHAPTER 365 SRI LANKA BROADCASTING CORPORATION AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A CORPORATION KNOWN AS THE SRI LANKA BROADCASTING CORPORATION FOR THE PURPOSE OF CARRYING ON THE SERVICE OF BROADCASTING IN SRI LANKA AND FOR DEVELOPING, EXTENDING AND IMPROVING THAT SERVICE; FOR THE ISSUE OF LICENCES BY THE MINISTER TO OTHER PERSONS FOR THE ESTABLISHMENT OF PRIVATE BROADCASTING STATIONS WHERE IT IS NECESSARY SO TO DO; AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. Act No. 37 of 1966, Laws Nos. 5 of 1974, 11 of 1977. 1. This Act may be cited as the Sri Lanka Broadcasting Corporation Act. PART I THE SRI LANKA BROADCASTING CORPORATION 2. (1) There shall be established a Corporation, which shall be called the Sri Lanka Broadcasting Corporation (hereinafter referred to as "the Corporation ") and which shall consist of the persons who are for the time being members of the Corporation under section 6. (2) The Corporation shall by the name assigned to it by subsection (1) be a body corporate, and shall be capable of holding property, both movable and immovable, and may sue and be sued in such name. 3. (1) The functions of the Corporation shall be— (a) to carry on a broadcasting service within Sri Lanka and from time to time develop, extend, and improve that service in the public interest; (b) to exercise supervision and control over programmes broadcast by the Corporation; (c) to advise the Minister in respect of matters relating to broadcasting; and [5th January, 1967.] (d) to exercise and perform such powers and duties in relation to broadcasting as are conferred or imposed on it by or under this Act. (2) For the exercise of its functions under paragraph (b) of subsection (1), it shall be the duty of the Corporation to satisfy itself that, as far as practicable, the programmes broadcast by the Corporation comply with the following requirements :— (a) that nothing is included in any such programme which offends against good taste or decency or is likely to incite to crime or to lead to disorder or to offend any racial or religious susceptibilities or to be offensive to public feelings; (b) that the programmes maintain a proper balance in their subject- matter and a high general standard of quality; and (c) that any news given in the programmes (in whatever form) is presented with due accuracy and impartiality and with due regard to the public interest. 4. The Corporation shall have such Powers of the powers, rights and authorities as may corporation. reasonably be necessary or expedient to carry out its functions, and in particular it may— (a) establish, instal, and operate broadcasting stations; Short title. Establishment of the Sri Lanka Broadcasting Corporation. Functions of the Corporation. XIV/13

SRI LANKA BROADCASTING CORPORATION [Cap. · PDF filesri lanka broadcasting corporation [cap. 365 chapter 365 sri lanka broadcasting corporation an act to provide for the establishment

Embed Size (px)

Citation preview

Page 1: SRI LANKA BROADCASTING CORPORATION [Cap. · PDF filesri lanka broadcasting corporation [cap. 365 chapter 365 sri lanka broadcasting corporation an act to provide for the establishment

SRI LANKA BROADCASTING CORPORATION [Cap. 365

CHAPTER 365

SRI LANKA BROADCASTING CORPORATION

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A CORPORATION KNOWN AS THESRI LANKA BROADCASTING CORPORATION FOR THE PURPOSE OF CARRYINGON THE SERVICE OF BROADCASTING IN SRI LANKA AND FOR DEVELOPING,EXTENDING AND IMPROVING THAT SERVICE; FOR THE ISSUE OF LICENCES BYTHE MINISTER TO OTHER PERSONS FOR THE ESTABLISHMENT OF PRIVATEBROADCASTING STATIONS WHERE IT IS NECESSARY SO TO DO; AND FORMATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.

ActNo. 37 of 1966,LawsNos. 5 of 1974,

11 of 1977.

1. This Act may be cited as the SriLanka Broadcasting Corporation Act.

PART I

THE SRI LANKA BROADCASTINGCORPORATION

2. (1) There shall be established aCorporation, which shall be called theSri Lanka Broadcasting Corporation( h e r e i n a f t e r r e f e r r e d to as " t h eCorporation ") and which shall consist ofthe persons who are for the time beingmembers of the Corpora t ion undersection 6.

(2) The Corporation shall by the nameassigned to it by subsection (1) be a bodycorporate, and shall be capable of holdingproperty, both movable and immovable,and may sue and be sued in such name.

3. (1) The functions of the Corporationshall be—

(a) to carry on a broadcasting servicewithin Sri Lanka and from time totime develop, extend, and improvethat service in the public interest;

(b) to exercise supervision and controlover programmes broadcast by theCorporation;

(c) to advise the Minister in respect ofmatters relating to broadcasting;and

[5th January, 1967.]

(d) to exercise and perform such powersa n d d u t i e s in r e l a t i o n tobroadcasting as are conferred orimposed on it by or under this Act.

(2) For the exercise of its functions underparagraph (b) of subsection (1), it shall bethe duty of the Corporation to satisfy itselfthat, as far as practicable, the programmesbroadcast by the Corporation comply withthe following requirements :—

(a) that nothing is included in any suchprogramme which offends againstgood taste or decency or is likely toincite to crime or to lead to disorderor to offend any racial or religioussusceptibilities or to be offensive topublic feelings;

(b) that the programmes maintain aproper balance in their subject-matter and a high general standardof quality; and

(c) that any news given in theprogrammes (in whatever form) ispresented with due accuracy andimpartiality and with due regard tothe public interest.

4. The Corporation shall have such Powers of thepowers, rights and authorities as may corporation.reasonably be necessary or expedient tocarry out its functions, and in particular itmay—

(a) establish, instal, and operatebroadcasting stations;

Short title.

Establishmentof theSri LankaBroadcastingCorporation.

Functionsof theCorporation.

XIV/13

Page 2: SRI LANKA BROADCASTING CORPORATION [Cap. · PDF filesri lanka broadcasting corporation [cap. 365 chapter 365 sri lanka broadcasting corporation an act to provide for the establishment

Cap. 365] SRI LANKA BROADCASTING CORPORATION

(b) acquire by purchase, lease, sublease,or otherwise any land or interest inland, with or without any building;

(c) erect, alter, or reconstruct anybroadcasting station, or anybuilding or structure for use inconnexion with any broadcastingstation, or in connexion with theexercise of its powers, on any landbelonging to or administered by theCorporation;

(d) with the prior approval of theMinister, dispose of by sale, lease,sublease, or otherwise any land orinterest in land;

(e) acquire by purchase or otherwise, anyproperty, rights or privileges that itconsiders necessary for the purposesof this Act;

(f) dispose of by sale or otherwise, orturn to account or otherwise dealwith, any movable property, rights,or privileges of the Corporation;

(g) with the prior approval of theMinister given with the concurrenceof the Minister in charge of thesubject of Finance, and subject tosuch terms and conditions as maybe approved, advance money to anyperson or body of persons, whetherincorporated or not, carrying on orintending to carry on the businessof producing programmes forb r o a d c a s t i n g , w h e t h e r inconjunction with any other businessor not, or give in respect of anyadvances made to any such personor body as aforesaid by any otherperson any guarantee, indemnity, orsecurity;

(h) with the prior approval of theMinister given with the concurrence

of the Minister in charge of thesubject of Finance, subscribe for,acquire, and hold, and dispose of orotherwise deal with, shares orstock in any company, whetherincorporated within or outside SriLanka, carrying on or intending tocarry on the business of providing

programmes for broadcasting,whether in conjunction with anyother business or not;

(i) use the facilities and equipment of thebroadcasting service in such manneras may be thought fit for thepurpose of promoting and assistingin the development and carrying onof those arts and cultural pursuitswhich are usually included in thepurpose of broadcasting;

(j) take on lease, rent, or purchasehouses, or purchase sites and erecthouses, for the use of its officers;

(k) publish or arrange for the publicationof such periodicals or otherpublications as it may consider ofbenefit to any broadcasting servicecarried on by the Corporation;

(l) do all such things as the Corporationconsiders to be in the interests ofthe community for the purposeof developing and improvingbroadcasting talent; and

(m) act in combination or associationwith any person or body of persons,whether incorporated or not andwhether in Sri Lanka or elsewhere,for any of the aforesaid purposes.

5. In the exercise of its functions and Corporation topowers under this Act, the Corporation comply with

shall comply with the general policy of the Government

Government with respect to broadcastingand shall comply with any general or specialdirections given by the Minister pursuant tothe policy of the Government in relationthereto.

6. (1) The Corporation shall consist of Constitutionfive members appointed by the Minister, of the one of whom shall be designated theChairman of the Corporation.

(2) A person shall be disqualified forbeing appointed, or for continuing, as amember of the Corporation—

(a) if he is or becomes a Member ofParliament ; or

XIV/14

Pramod N Hettihewa
policy.
Pramod N Hettihewa
Pramod N Hettihewa
Corporation.
Page 3: SRI LANKA BROADCASTING CORPORATION [Cap. · PDF filesri lanka broadcasting corporation [cap. 365 chapter 365 sri lanka broadcasting corporation an act to provide for the establishment

SRI LANKA BROADCASTING CORPORATION [Cap. 365

(b) if he is or becomes the owner, apartner, a director, a majorshareholder or an employee of or inany business which has a businesstransaction with the Corporation.

7. Every member of the Corporationshall, unless he earlier vacates office bydeath, resignation or removal, hold officefor a period of four years.

8. (1) The Minister may, if he considersit expedient so to do, remove, by Orderpublished in the Gazette, any member of theCorporation without reason stated.

(2) The seal of the Corporation may bealtered in such manner as may bedetermined by the Corporation.

(3) The application of the seal of theCorporation shall be authenticated by thesignature of the Chairman of theCorporation or some other member of theCorporation authorized by the Corporationto authenticate the application of the sealand of the officer of the Corporation who isdesignated the Director-General of theCorporation or some other officer of theCorporation authorized by name by theCorporation to act in his stead in thatbehalf.

Term of officeof the membersof theCorporation.

Power of theMinister toremove fromoffice amember of theCorporation.

(2) A member of the Corporation inrespect of whom an Order under subsection(1) is made by the Minister shall vacate hisoffice on the date of the publication of suchOrder in the Gazette.

14. The members of the Corporation Remuneration.shall be remunerated in such manner and atsuch rates, and shall be subject to suchconditions of service, as may be determinedby rules made under this Act.

9. A member of the Corporation may atany time resign his office by letter addressedto the Minister.

10. (1) If a member of the Corporationdies or resigns or is removed from office, theMinister may appoint any other person tobe a member in place of the member whodies or resigns or is removed from office.

(2) A member appo in ted undersubsection (1) shall, unless he earlier resignsor vacates office by death or removal, holdoffice for the unexpired part of the term ofoffice of the member whom he succeeds.

11. Any member of the Corporationwho vacates office, other than a memberwho is removed from office under section 8,shall be eligible for reappointment.

12. No act or proceeding of theCorporation shall be deemed to be invalidby reason only of the existence of anyvacancy amongst its members or defect inthe appointment of any member thereof.

13. (1) The seal of the Corporation shallbe in the custody of the Corporation.

15. Rules may be made under this Act Meetings of thein respect of the meetings of the Corporation.Corporation, and the quorum for, and theprocedure to be followed at, such meetings.

16. Where a member of the Corporationis by reason of illness, infirmity or absencefrom Sri Lanka, temporarily unable toperform the duties of his office, the Ministermay appoint another person to act in hisplace.

17. (1) The Corporation may delegatein writing to the Director-General such ofits powers as the Corporation thinks fit:

Provided that no such delegation shallprevent the exercise by the Corporation ofany power so delegated.

(2) Any delegat ion made undersubsection (1) may be subject to suchconditions and restrictions as theCorporation thinks fit, and may be madeeither generally or in relation to anyparticular matter.

18. (1) With effect from the appointeddate all property, movable or immovable,which immediately prior to the appointeddate are held by or on behalf of theGovernment by the Department ofBroadcasting shall be transferred to, vestedin and held by the Corporation.

Temporaryappointmentsof membersof theCorporation.

Delegation ofpowers of theCorporation.

Transfer ofproperly, &c.,to theCorporation.

Resignation ofmembers.

Casualvacanciesamongmembers.

Eligibility ofmembers forreappointment.

Acts orproceedingsof theCorporationdeemed not tobe invalid byreason of anyvacancy, ordefect in theappointment,of a member.

Application ofthe seal of theCorporation.

XIV/15

Page 4: SRI LANKA BROADCASTING CORPORATION [Cap. · PDF filesri lanka broadcasting corporation [cap. 365 chapter 365 sri lanka broadcasting corporation an act to provide for the establishment

Cap. 365] SRI LANKA BROADCASTING CORPORATION

(2) All debts, liabilities, obligations andc o n t r a c t s of the D e p a r t m e n t ofBroadcasting, outstanding or subsisting atthe appointed date, shall, with effect fromthe appointed date, be deemed to be thedebts, liabilities, obligations and contractsof the Corporation.

PART II

STAFF OF THE CORPORATION

19. (1) The Corporation may, inconsultation with the Minister, appoint tothe staff of the Corporation a Director-General who shall be the chief executiveofficer:

Provided that the Corporation may, withthe concurrence of the Minister, appoint theChairman of the Corporation to perform, inaddition to his duties, the duties of theDirector-General.

(2) The Director-General shall, subject tothe provisions of subsection (3), hold officefor a period of five years, and may at thetermination of that period be reappointedfor a further period as the Corporation may,with the concurrence of the Minister,determine.

(3) The Director-General—

(a) shall retire from office on reaching theage of sixty years ; and

(b) may at any time, with the priorapproval of the Minister, beremoved from office.

(4) The Corporation may appoint to thestaff of the Corporation such other officersand servants as the Corporation may deemnecessary.

20. (1) Subject to the other provisionsof this Act, the Corporation may—

(a) dismiss and exercise disciplinarycontrol over the staff of theCorporation;

(b) fix the wages or salary or otherremuneration of such staff;

21. (1) Within two years after the Officers andappointed date any officer or servant of the servants of the

Department of Broadcasting who does not Broadcasting. [§ 2, Law 5 of

1974.]

(c) determine the terms and conditions ofthe service of such staff; and

(d) may establish and regulate providentfunds or schemes for the benefit ofsuch s t a f f , and m a y makecontributions to any such fund orscheme.

(2) Rules may be made under this Act inrespect of all or any of the matters referredto in subsection (1).

belong to a transierable service of theGovernment may be employed by theCorporation on such terms and conditionsas shall be agreed upon by that officer orservant and the Corporation; and in anysuch case paragraphs (a), (b) and (c) ofsubsection (3) of section 9 of the MotorTransport Act, No. 48 of 1957*, shall apply,mutatis mutandis, to any such officer orservant. Any such officer or servant who isemployed by the Corporation may, withintwo years after the date on which he was soemployed, opt to retire from the service ofthe Corporation, and if on the date onwhich he was so employed his substantivepost in the Department of Broadcasting wasa post declared to be pensionable under theMinutes on Pensions, he shall, if he so optsto retire, be eligible, notwithstandinganything in the preceding provisions of thissection, for such an award under thoseMinutes as might have been made to him ifhe had retired from the public service on theground of abolition of post on the date onwhich he was so employed by theCorporation.

(2) Where an officer or servant of theDepartment of Broadcasting, not belongingto a transferable service of the Government,is not employed by the Corporation withintwo years after the appointed date, he shallbe retired; and if on the date of hisretirement his substantive post in thatDepartment was a post declared to bepensionable under the Minutes on Pensions,he shall be eligible for such an award underthose Minutes as might have been made to

Appointmentof theDirector-General andother officersand servants tothe staff of theCorporation.

Powers of theCorporation inregard to thestaff of theCorporation.

*Repealed by Law No. 19 of 1978.

XIV/16

Pramod N Hettihewa
Department of
Pramod N Hettihewa
Page 5: SRI LANKA BROADCASTING CORPORATION [Cap. · PDF filesri lanka broadcasting corporation [cap. 365 chapter 365 sri lanka broadcasting corporation an act to provide for the establishment

SRI LANKA BROADCASTING CORPORATION [Cap. 365

him if he had retired from the state serviceon the ground of abolition of post on thedate of his retirement.

22. (1) Where an officer in the publicservice (other than an officer of theD e p a r t m e n t of B r o a d c a s t i n g ) ispermanently appointed to the staff of theCorporation, the provisions of paragraphs(a), (b) and (c) of subsection (3) of section 9of the Motor Transport Act, No. 48 of1957*, shall, mutatis mutandis, apply tosuch officer.

Appointmentof publicofficers notin theDepartment ofBroadcasting.

(2) At the request of the Corporation,any officer in the public service may, withthe consent of that officer and of theSecretary to the Treasury, be temporarilyappointed to the staff of the Corporationfor such period as may be determined by theCorporation, with like consent and wheresuch officer is so appointed the provisionsof subsection (2) of section 9 of the MotorTransport Act, No. 48 of 1957*, shall,mutatis mutandis, apply to and in relationto him.

PART III

FINANCE

The Fund 23. (1) The Corporation shall have itsof the own Fund.Corporation.

(2) There shall be paid into the Fund ofthe Corporation—

(a) all such sums of money as may bevoted from time to time byParliament for the use of theCorporation;

(b) all such sums of money as may beadvanced from time to time by theMinister in charge of the subject ofFinance to the Corporation;

(c) all sums of money received by theCorpora t ion in the exercise ,discharge and performance of itsfunctions, powers and duties ;

(d) such portion of the fees received eachyear under the TelecommunicationsOrdinance for the issue and renewal

of radio licences as may bedetermined by the Minister inconsultation with the Minister incharge of the subject of Finance;and

(e) all other sums of money as arerequired by this Act or anyregulation made thereunder to bepaid to such Fund by theCorporation.

(3) There shall be paid out of the Fund ofthe Corporation all sums of money requiredto defray any expenditure incurred by theCorporation in the exercise, discharge andperformance of its functions, powers andduties under this Act or any other writtenlaw and all such sums of money as arerequired to be paid out of such Fund by orunder this Act.

24. (1) The Corporation may, from time Borrowingto time, with the consent of the Minister powers.

and on and subject to such terms andconditions as he thinks fit, borrowtemporarily, by way of overdraft orotherwise, such sums as the Corporationmay require for meeting the obligations ofthe Corporation:

Provided that the aggregate of theamounts outstanding in respect of anytemporary loans raised by the Corporationunder this subsection shall not exceed suchsum as may be determined by the Ministerin consultation with the Minister in chargeof the subject of Finance.

(2) The Corporation may, with theconsent of the Minister given with theconcurrence of the Minister in charge of thesubject of Finance, borrow money otherwisethan. by way of a temporary loan undersubsection (1) for all or any of the followingpurposes:—

(a) the provision of money for meetingany expenses incurred in connexionw i t h a n y w o r k i n v o l v i n gthe installation, establishment,operation and maintenance of anyapparatus required for broadcastingand of broadcasting stations;

(b) the acquisition of any land or interestin land for the above-mentionedpurposes;

*Repeated by Law No. 19 of 1978.

XIV/17

Page 6: SRI LANKA BROADCASTING CORPORATION [Cap. · PDF filesri lanka broadcasting corporation [cap. 365 chapter 365 sri lanka broadcasting corporation an act to provide for the establishment

Cap. 365] SRI LANKA BROADCASTING CORPORATION

(c) the redemption of any stock issued ora n y l o a n r a i s e d b y t h eCorporation;

(d) the repaymentt e m p o r a r i l ysubsection (1).

of anyb o r r o w e d

moneyunde r

(3) The Corporation may, with theconsent of the Minister given with theconcurrence of the Minister in charge of thesubject of Finance, borrow money for anyof the purposes mentioned in subsection (2)by the issue of stock under subsection (4) orin any other manner whatsoever.

(4) The Corporation may create and issueany stock required for the purposes ofexercising the powers of the Corporationunder subsection (3) and the stock socreated and issued is in this Act referred toas " Broadcasting Corporation Stock ".

25. Any funds of the Corporation whichare not immediately required for theexercise of the functions of the Corporationunder this Act may be invested by theCorporation in such manner, or in suchsecurities, as may be authorized by theMinister with the concurrence of theMinister in charge of the subject of Finance.The Corporation may make investments inconnexion with such activities as are directlyconnected with broadcasting, subject to theapproval of the Minister given with theconcurrence of the Minister in charge of thesubject of Finance.

Investments ofthe fundsof theCorporation.

26. (1) The Corporation shall cause itsaccounts to be kept in such form andmanner as may be determined by theCorporation.

Accountsof theCorporationand financialyear.

(2) Rules may be made under this Act inrespect of the matters referred to insubsection (1).

(3) The financial year of the Corporationshall be the period of twelve monthscommencing on the first day of January.

27. (1) The Corporation shall have itsAudit of theaccounts of the accounts for each financial year audited byCorporation. the Auditor-Oeneral.

(2) For the purpose of assisting him inthe audit of such accounts, the Auditor-General may employ the services of any

qualified auditor or auditors who shall actunder his direction and control.

(3) For the purpose of meeting theexpenses incurred by him in auditing theaccounts of the Corporation, the Auditor-General shall be paid from the Fund of theCorporation such remuneration as theM i n i s t e r may d e t e r m i n e w i t h theconcurrence of the Minister in charge of thesubject of Finance.

(4) For the purposes of this section, theexpression " qualified auditor " means—

(a) an individual who, being a member ofthe I n s t i t u t e of C h a r t e r e dAccountants of Sri Lanka, or ofany other Institute established bylaw, possesses a certificate topractise as an Accountant isued bythe Council of such Institute ; or

(b) a firm of Accountants each of theresident partners of which, being amember of the I n s t i t u t e ofChartered Accountants of SriLanka or of any other Instituteestablished by law, possesses acertificate to practise as anAccountant issued by the Councilof such Institute,

28. (1) The Auditor-General shall The Auditor-examine the accounts of the Corporation General's

and furnish a report— report.

(a) stating whether he has or has notobtained all the information andexplanations required by him ;

(b) stating whether the accounts referredto in the report are properly drawnup so as to exhibit a true and fairv i e w of t h e a f f a i r s of t h eCorporation; and

(c) drawing attention to any item in theaccounts which in his opinion maybe of interest to Parliament in anyexamination of the activities andaccounts of the Corporation.

(2) The Auditor-General shall transmithis report to the Corporation.

XIV/18

Page 7: SRI LANKA BROADCASTING CORPORATION [Cap. · PDF filesri lanka broadcasting corporation [cap. 365 chapter 365 sri lanka broadcasting corporation an act to provide for the establishment

SRI LANKA BROADCASTING CORPORATION [Cap. 365

29. The Corporation shall, on receipt ofthe Auditor-General's report on theaccounts for each financial year, transmitsuch report together with the profit and lossaccount and the balance sheet to which thereport relates, and a statement by theCorporation of its activities during thatfinancial year to the Minister who shallcause copies thereof to be laid beforeParliament before the end of the year nextfollowing the year to which such report andaccounts relate.

30. (1) The Corporation shall, for eachfinancial year, prepare in such form as maybe approved by the Minister an estimate ofthe income and expenditure for that year.

(2) The estimate referred to in subsection(1) shall be in duplicate and shall betransmitted to the Minister on or before thefirst day of June in the financial yearpreceding the one to which it relates.

31. The Corporation shall before thefirst day of November in each financial yeartransmit to the Minister for his approval aprogramme of the work involving capitalexpenditure which is to be undertaken bythe Corporation during the next financialyear, and the Corporation shall have regardto any directions given by the Minister inrespect of that programme.

32. (1) The income of the Corporationshall be exempt from income tax.

(2) Notwithstanding anything in anyother written law, the Principal Collector ofCustoms may, with the sanction of theSecretary to the Treasury, waive thecustoms duty on articles imported by theCorporation for any of its purposes.

PART IV

GENERAL

33. The Corporation may from time totime enter into contracts of insuranceinsuring employees of the Corporationagainst loss from personal accident arisingout of and in the course of the exercise bythem of any power or duty conferred orimposed upon the Corporation under this

Act and may pay the premiums payable inrespect of any such contracts. The categoriesof employees to be so insured shall bedetermined by the Corporation by rules,made under this Act.

34. (1) No suit or prosecution shall lie—

(a) against the Corporation for any actwhich in good faith is done orpurports to be done by theCorporation under this Act, or anyregulation made thereunder;

(b) against any member, officer, servantor agent of the Corporation for anyact which in good faith is done orpurports to be done by him underthis Act or any regulation madethereunder, or on the direction ofthe Corporation.

(2) Any expense incurred by theCorporation in any suit or prosecutionbrought by or against the Corporationbefore any court shall be paid out of theFund of the Corporation and any costs paidto, or recovered by, the Corporation in anysuch suit or prosecution shall be credited tothe Fund of the Corporation.

(3) Any expense incurred by any suchperson as is referred to in paragraph (b) ofsubsection (1) in any suit or prosecutionbrought against him before any court inrespect of any act which is done or purportsto be done by him under this Act or anyregulation made thereunder, or on thedirection of the Corporation shall, if thecourt holds that the act was done in goodfaith, be paid out of the Fund of theCorporation.

35. No writ against person or propertyshall issue against a member of theCorporation in any action brought againstthe Corporation.

36. All members, officers and servantsof the Corporation shall be deemed to bepublic servants within the meaning of andfor the purposes of the Penal Code.

Protection foraction takenunder this Act,&c., or on thedirection of theCorporation.

No writ toissue againstperson orproperty of amember of theCorporation.

Members andemployeesof theCorporationdeemed to bepublic servants.

Annualaccounts withthe auditor'sreport and areport of theannualactivities of theCorporation tobe transmittedto the Minister.

Estimate ofincome andexpenditureof theCorporationfor eachfinancial yearto betransmitted tothe Minister.

Programme ofwork to beundertakenby theCorporationduring afinancial yearto betransmitted tothe Ministerfor hisapproval.

Exemptionfrom incometax andcustoms duty.

Corporationmay insureemployees.

XIV/19

Page 8: SRI LANKA BROADCASTING CORPORATION [Cap. · PDF filesri lanka broadcasting corporation [cap. 365 chapter 365 sri lanka broadcasting corporation an act to provide for the establishment

Cap. 365] SRI LANKA BROADCASTING CORPORATION

Contracts.

Returns andinformation.

TheCorporationdeemed to bea scheduledinstitutionwithin themeaning of theBribery Act.

37. (1) Contracts on behalf of theCorporation may be made as follows :—

(a) a contract which if made betweenprivate persons would be by lawrequired to be in writing, may bemade on behalf of the Corporationin writing under the common sealof the Corporation;

(b) a contract which if made betweenprivate persons is by law requiredto be in writing, signed by theparties to be charged therewith,may be made on behalf of theCorporation in writing signed byany person or persons dulyauthorized thereto as hereinafterprovided; and

(c) a contract which if made betweenprivate persons would by law bevalid although made by parole onlyand not reduced into writing, maybe made by parole on behalf of theCorporation by any person orpersons duly authorized thereto ashereinafter provided.

(2) A contract made according to thissection shall be effectual in law and shallbind the Corporation and all parties theretoand their legal representatives.

(3) A contract made according to thissection may be waived or discharged in thesame manner in which it is authorized bythis section to be made.

38. The Corporation or any personauthorized in that behalf by theCorporation may by notice in writingrequire any person to furnish to theCorporation or the person so authorized,within such period as shall be specified inthe notice, all such returns or informationrelating to all such matters as may benecessary for the Corporation under thisAct and as are within the knowledge of thatperson.

39. The Corporation shall be deemed tobe a scheduled institution within themeaning of the Bribery Act, and theprovisions of that Act shall be construedaccordingly.

premises.

49. Any officer or servant of the Power to enterCorporation who is generally or specially any land or

authorized in that behalf by theCorporation may, at all reasonable times,enter upon any land or premises and theredo such acts as may be reasonably necessaryfor the purpose of carrying out any work ofthe Corporation, or of making any survey,examination or investigation preliminary orincidental to the exercise of any power, orthe discharge of any function, of theCorporation.

41. (1) Every person who—

(a) knowingly makes any false orincorrect statement in any return orother document made or furnishedunder or for the purposes of thisAct or of any regulation madethereunder; or

(b) fails or refuses to furnish anyinformation or return required bythis Act, or any regulation madethereunder, to be furnished by him;or

(c) resists or obstructs any person in theexercise, discharge or performanceof any power, function or dutyconferred or imposed upon thatperson by or under this Act, or anyregulation made thereunder ; or

(d) contravenes or fails to comply withany provision of this Act orregulation made under this Act,

shall be guilty of an offence under this Act.

42. Every person who commits anoffence under this Act shall, on convictionafter summary trial before a Magistrate, beliable to a fine not exceeding five hundredrupees.

Offences.

Penalties foroffences.

43. make Power of(1) The Corporation mayrules in respect of all or any matters for Corporation to

make rules.which rules are authorized or required bythis Act to be made.

(2) No rule made by the Corporationunder this Act shall have effect until it hasbeen approved by the Minister.

XIV/20

Page 9: SRI LANKA BROADCASTING CORPORATION [Cap. · PDF filesri lanka broadcasting corporation [cap. 365 chapter 365 sri lanka broadcasting corporation an act to provide for the establishment

SRI LANKA BROADCASTING CORPORATION [Cap. 365

44. (1) The Minister may, if heconsiders it necessary so to do and afterconsultation with the Corporation, issue toany person a licence for the establishmentand m a i n t e n a n c e of any p r i v a t ebroadcasting station in any area in SriLanka.

(2) Before the issue of a licence undersubsection (1), the Corporation shall, bynotice published in the Gazette and in oneor more newspapers circulating in SriLanka, call for applications from personsfor the issue of a licence. Every such noticeshall specify the class or type of privatebroadcasting station which is required to beestablished and such other matters as theCorporation thinks fit.

(3) No licence shall be issued to anyperson under this section except afterinquiry into his application.

(4) Regulations may be made by theMinister in respect of all or any of thefollowing matters:—

(a) the procedure to be followed inrespect of applications to be made,and the hearing of inquiries intoapplications, for the issue oflicences under this section;

(b) the control and supervision by theC o r p o r a t i o n of p r o g r a m m e sb r o a d c a s t f r o m p r i v a t ebroadcasting stations;

(c) the furnishing or disclosure by anybody of persons applying for alicence under this section ofinformation relating to such bodyand of its members;

(f) the prohibition, regulation or controlof the ownership of privatebroadcasting stations by prescribedpersons or classes of persons;

(e) the regulation or control of thetransfer of shares in companieswhich hold licences for privatebroadcasting stations, and thetransfer of interests on suchstations;

(f) the form of application for a licenceunder this section and the form ofsuch licence; and

(g) the fees to be charged for suchlicences.

45. (1) The Minister may makeregulations for the purpose of theestablishment of one or more consultativecommittees to advise the Corporation onsuch matters relating to broadcasting asmay be referred to the committees by theCorporation.

(2) Regulations made under subsection(1) may prescribe the remuneration payableto the members of the consultativecommittee or committees.

46. (1) Every regulation made by theMinister under this Act shall be published inthe Gazette and shall come into operationon the date of such publication or on suchlater date as may be specified in theregulation.

(2) Every regulation made by theMinister shall, as soon as convenient afterits publication, be brought beforeParliament for approval. Any regulationwhich is not so approved shall be deemed tobe rescinded as from the date of disapprovalbut without prejudice to anything previouslydone thereunder.

47. The provisions of this Act shall haveeffect notwithstanding anything containedin any other written law, and accordingly inthe event of any conflict or inconsistencybetween the provisions of this Act and suchother law, the provisions of this Act shallprevail.

48. In this Act—

" appointed date " means the 5th day ofJanuary, 1967;

" broadcasting " includes the broadcastingof television programmes;

" private broadcasting station " means abroadcasting station established oroperated by some person other thanthe Corporation;

" programme" includes any signal,a n n o u n c e m e n t , i t e m ,communication, picture or othermatter broadcast or intended to bebroadcast from a broadcastingstation for reception by the public.

Establishmentof committeesto advise theCorporationon mattersrelating tobroadcasting.

Regulationsmade underthis Act to bepublished inthe Gazetteand to bebrought beforeParliament.

This Act toprevail overother writtenlaw.

Interpretation.

Power ofMinister toissue licencesfor theestablishmentandmaintenanceof privatebroadcastingstations.

XIV/21