Prasar Bharati (Broadcasting Corporation of India) Act, 1990
11.Transfer of service of existing employees to Corporation
1) Where the Central Government has ceased to perform any
functions which under Section 12 are the functions of the Corporation, it shall
be lawful for the Central Government to transfer, by order and with effect from
such date or dates as may be specified in the order, to the Corporation any of
the officers or other employees serving in the Akashvani or Doordarshan and
engaged in the performance of those functions:
Provided that no order under this sub-section shall be made in relation to any officer or other employee in the Akashvani or Doordarshan who has, in respect of the proposal of the Central Government to transfer such officer or other employee to the Corporation, intimated within such time may be specified in this behalf by the Central Government, his intention of not becoming an employee of the Corporation.
2) The provisions of sub-section (1) shall also apply to the members of the Indian Information Service, the Central Secretariat Service or any other service or to persons borne on cadres outside Akashvani and Doordarshan who have been n working in Akashvani and Doordarshan immediately before the appointment day: Provided that where any such member intimates, within the time specified in sub-section (1), his intention of not becoming an employee of the Corporation but to continue on deputation, he may be allowed to continue on deputation in accordance with such terms and conditions as may be prescribed.
3) In making an order under sub-section (1), the Central Government shall, as far as may be, take into consideration the functions which the Akashvani or, as the case may be, Doordarshan has ceased or ceases to perform and the area in which such functions have been or are performed.
4) An officer or other employee transferred by an order under
sub-section (1) shall, on and from the date of transfer cease to be an employee
of the Central Government and become an employee of the Corporation may
determine and shall, subject to the provisions of sub-sections (5) and (6), be
governed by such regulations as may be made as respects remuneration and other
conditions of service including pension, leave and provident fund and shall
continue to be an officer or any other employee of the Corporation unless and
until his employment is terminated by the Corporation.
5) Every officer or other employee transferred by an order made under sub-section (1) shall, within six months from the date of transfer , exercise his option, in writing, to be governed -
a) by the scale of pay applicable to the post held by him in the Akashvani or Doordarshan immediately before the date of transfer or by the scale applicable to the post under the Corporation to which he is transferred.
b) by the leave, provident fund, retirement or other terminal benefits admissible to employees of the Central Government in accordance with the rules or orders of the Central Government, as amended from time to time, or the leave, provident fund or other terminal benefits admissible to the employees of the Corporation under the regulations, and such option once exercised under this Act shall be final:
Provided that the option exercised under clause (a) officer or other employee shall be applicable only in respect of the post under the Corporation to which such officer or other employee is transferred and on appointment to a higher post under the Corporation he shall be eligible only for the scale of pay applicable to such higher post.:
Provided further that if immediately before the date of his transfer and such officer or other employee is officiating in a higher post under the Government either in a leave vacancy or any other vacancy of a specified duration, his pay on transfer shall be protected for the unexpired period of such vacancy and thereafter he shall be entitled to the scale of pay applicable to the post under the Government to which he would have reverted or to the scale of pay applicable to the post under the Corporation to which he is transferred, whichever he may opt:
Provided also that an officer or other employee serving in the Union Ministry of Information and Broadcasting or in any of its attached or subordinate offices subsequent to the transfer to the Corporation of any other officer or employee senior to him in that Ministry or office before such transfer, the officer or other employee who is promoted of officiate in such higher post shall, on transfer to the Corporation, be entitled only to the scale of pay applicable to the post he would have held but for such promotion or the scale of pay applicable to the post under Corporation to which he is transferred, whichever he may opt.
6) No officer or other employee transferred by an order made under sub-section (1) or sub-section (2), -
a) shall be dismissed or removed by an authority subordinate to that competent to make a similar or equivalent appointment under the Corporation as may be specified in the regulation.
b) shall be dismissed or removed or reduced in
rank except after an inquiry in which he has been informed of the charges
against him and given a reasonable opportunity of being heard in respect of
Provided that where it is proposed after such inquiry to impose upon him any such penalty, such penalty may be imposed on the basis of evidence adduced during such inquiry and it shall not be necessary to give such person an opportunity of making representation on the proposed penalty : Provided further that clause (b) shall not apply where an officer or other employee is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge.