Request for implementation of Section 11 of Prasar Bharati Act, 1990 in its true spirit.
To Shri Manmohan Singhji, Hon'ble Prime Minister of India, New Delhi Respected Sir, The attempt of the central government for amendment to Section 11 of Prasar Bharati Act, 1990 which came into force in September,1997 through ordinance promulgated during United Front government, has created public out cry and resentment among the employees of Akashvani & Doordarshan across the country due to complications arising out for non implementation of Section 11 of the Act in its true spirit. It is worth mentioning here that a large section of employees under the banners of Akashvani & Doordarshan Employees Federation (ADEF) and the Union of Akashvani & Doordarshan (Prasar Bharati) Engineering Employees i.e. UADEE have been protesting against the Broadcasting Corporation of India Bill 2010 which was introduced in Rajya Sabha during last winter session of Parliament. They are also demanding to implement Section 11 of Prasar Bharati Act in toto without any dilution of its' contents. Because, Section 11 is the only safety clause in Prasar Bharati Act, 1990 as per DoPT’s norms for the existing employees who will be absorbed in the corporation by exercising option within the stipulated time frame. The Hon’ble Supreme Court while rejecting the plea of a section of employees to repeal of Prasar Bharati Act,1990 made observations in the past that due to non implementation of Section 11 of the Act, resulted into various litigations as well as administrative problems in the matter of transfer/posting of existing government employees which needs to be settled without further delay. However, the apex court never said to legalize the temporary status of the employees’ i.e. Deemed Deputation into a permanent status by making any amendment to the Principle Act, which is tantamount to violation of Article 309 of the Constitution. Moreover, DoPT in its O.M No. AB.14017/37/2009-Estt. (RR), dated 08-10-2010 clearly mentioned that “where there is a conversion of a govt department into PSU/autonomous/statutory body, there must be a time frame within which a new body shall frame its Rules & Regulations. At the end of this period, all employees on ‘Deemed Deputation’ should have opted either to get permanently absorbed in the new organization or revert to the government. A maximum period of 5 years for framing of rules and another 2 years for phasing out repatriation to those opting to come back to government has been prescribed. All the Ministries/Departments are accordingly advised to adhere to the time frame whenever a proposal for transfer of employees is considered as above”. But, Min. of I & B has not yet complied with the said guidelines and norms of DoPT. Under such circumstances, it is the need of the hour to implement Prasar Bharati Act, 1990 in its' true spirit instead of amendment to Section 11 of the Act with an aim at restoring the confidence of the public in general and employees in particular. With Warm Regards,
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