SRI LANKA BROADCASTING CORPORATION ACT

Arrangement of Sections

1. Short title.

PART I

THE SRI LANKA BROADCASTING CORPORATION

2. Establishment of the Sri Lanka Broadcasting Corporation.

3. Functions of the Corporation.

4. Powers of the Corporation.

4A. Appointment of agents.

5. Corporation to comply with Government policy.

6. Constitution of the Corporation.

7. Term of office of the members of the Corporation.

8. Power of the Minister to remove from office a member of the Corporation.

9. Resignation of members.

10. Casual vacancies among members.

11. Eligibility of members for reappointment.

12. Acts or proceedings of the Corporation deemed not to be invalid by reason of any vacancy, or defect in the appointment, of a member.

13. Application of the seal of the Corporation.

14. Remuneration.

15. Meetings of the Corporation.

16. Temporary appointments of members of the Corporation.

17. Delegation of powers of the Corporation.

18. Transfer of property to the corporation.

PART II

STAFF OF THE CORPORATION

19. Appointment of the Director-General and other officers and servants to the staff of the Corporation.

20. Powers of the Corporation in regard to the staff of the Corporation.

21. Officers and servants of the Department of Broadcasting.

22. Appointment of public officers not in the Department of Broadcasting.

PART III

FINANCE

23. The Fund of the Corporation.

24. Borrowing powers.

25. Investments of the funds of the Corporation.

26. Accounts of the Corporation and financial year.

27. Audit of the accounts of the Corporation.

28. The Auditor-General report.

29. Annual accounts with the Auditor's report and a report of the annual activities of the Corporation to be transmitted to the Minister.

30. Estimate of income and expenditure of the Corporation for each financial year to be transmitted to the Minister.

31. Programme of work to be undertaken by the Corporation during a financial year to be transmitted to the Minister for his approval.

32. Exemption from income tax and customs duty.

PART IIIA

ISSUE OF LICENCES AND REGISTRATION

32A. Prohibition possession and use of radio receiving sets.

32B. Eight of persons who were possessing and using receiving to the relevant date.

32C. Issue of a license.

32D. Terms and conditions of the license.

32E. Any change in particulars application informed

32F. Renewal of licenses.

32G. Penalty for possessing or using a radio receiving without the radio receiving set being licensed and contravention of terms and conditions of a licence.

32H. Surcharge where licence fee has not been paid.

32J. Prohibition on carrying on the business of importing, selling of radio receiving sets, without Certificate of Registration.

32K. Persons who were carrying on business before the relevant date.

32L. Registration of person carrying on business of importing of radio receiving sets.

32M. Application for registration.

32N. Terms and conditions of the Certificate of Registration.

32P. Penalty for carrying on business of importing, selling of radio receiving sets without a Certificate of Registration and contravention of terms and conditions of the Certificate of Registration.

32Q. Liability of certain persons in respect of offences committed by bodies corporate unincorporate.

PART IV

GENERAL

33. Corporation may insure employees.

34. Protection for action taken under this Act or on the direction of the Corporation.

35. No writ to issue against person or property of a member of the Corporation.

36. Members and employees of the Corporation deemed to be public servants.

37. Contracts.

38. Returns and information.

39. The Corporation deemed to be a scheduled institution within the meaning of the Bribery Act.

40. Power to enter any land or premises.

40A. Magistrate to grant search warrants.

41. Offences.

42. Penalties for offences.

42A. Two third of recovered to be credited to the Fund of the Corporation.

43. Power of Corporation to make rules.

44. Power of Minister to issue licenses for the establishment and maintenance of private broadcasting stations.

45. Establishment of committees to advise the Corporation on matters relating to broadcasting.

46. Regulations made under this Act to be published in the Gazette and to be brought before Parliament.

47. This Act to prevail over other written law.

48. Interpretation.

SCHEDULE

5 of 1974,

11 of 1977,

37 of 1966,

48 of 1988,

8 of 1996.

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 licenses 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.

[Am by s 2 of Law 11 of 1977.]

[Date of Commencement: 5th January, 1967]

1. Short title.

This Act may be cited as the Sri Lanka Broadcasting Corporation Act.

[S 1 am by s 2 of Law 11 of 1977.]

PART I

THE SRI LANKA BROADCASTING CORPORATION

2. Establishment of the Sri Lanka Broadcasting Corporation.

(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. Functions of the Corporation.

(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;

(bb) to register persons who carry on the business of importing, selling, manufacturing, or assembling radio receiving sets;

[S 3(bb) ins by s 2 of Act 48 of 1988.]

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

(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. Powers of the Corporation.

The Corporation shall have such powers, rights and authorities as may reasonably be necessary or expedient to carry out its functions, and in particular it may—

(a) establish, install, and operate broadcasting stations;

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

(c) erect, alter, or reconstruct any broadcasting station, or any building or structure for use in connection with any broadcasting station, or in connection with the exercise of its powers, on any land belonging to or administered by the Corporation;

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

(e) acquire by purchase or otherwise, any property, rights or privileges that it considers necessary for the purposes of this Act;

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

(g) with the prior approval of the Minister given with the concurrence of the Minister in charge of the subject of Finance, and subject to such terms and conditions as may be approved, advance money to any person or body of persons, whether incorporated or not, carrying on or intending to carry on the business of producing programmes for broadcasting, whether in conjunction with any other business or not, or give in respect of any advances made to any such person or body as aforesaid by any other person any guarantee, indemnity, or security;

(h) with the prior approval of the Minister given with the concurrence of the Minister in charge of the subject of Finance, subscribe for, acquire, and hold, and dispose of or otherwise deal with, shares or stock in any company, whether incorporated within or outside Sri Lanka, carrying on or intending to carry on the business of providing programmes for broadcasting, whether in conjunction with any other business or not;

(i) use the facilities and equipment of the broadcasting service in such manner as may be thought fit for the purpose of promoting and assisting in the development and carrying on of those arts and cultural pursuits which are usually included in the purpose of broadcasting;

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

(k) publish or arrange for the publication of such periodicals or other publications as it may consider of benefit to any broadcasting service carried on by the Corporation;

(l) do all such things as the Corporation considers to be in the interests of the community for the purpose of developing and improving radio broadcasting talent;

[S 4(l) subs by s 3(1) of Act 48 of 1988.]

(m) act in combination or association with any person or body of persons whether incorporated or not and whether in Sri Lanka or elsewhere, for any of the aforesaid purposes;

[S 4(m) subs by s 3 (1) of Act 48 of 1988.]

(n) issue and renew licence under Part III A for the possession and use of radio receiving sets and to appoint agents to issue and renew such licenses and to ensure that such licences have been obtained or renewed; and

[S 4(n) ins by s 3(2) of Act 48 of 1988.]

(o) call for information and returns in respect of imports, sales, manufacture or assembling of radio receiving sets from all persons engaged in such import, sales, manufacture or assembling of radio receiving sets.

[S 4(o) ins by s 3(2) of Act 48 of 1988.]

4A. Appointment of agents.

The Corporation may from time to time appoint any person or body of persons, whether incorporated or not, to be an agent of the Corporation for the purposes of issuing and renewing licences under Part IIIA of this Act, and to pay such agent, such remuneration as may be agreed upon between the Corporation and such agent.

[S 4A ins by s 4 of Act 48 of 1988.]

5. Corporation to comply with Government policy.

In the exercise of its functions and powers under this Act, the Corporation shall comply with the general policy of the Government with respect to broadcasting and shall comply with any general or special directions given by the Minister pursuant to the policy of the Government in relation thereto.

6. Constitution of the Corporation.

(1) The Corporation shall consist of five members appointed by the Minister, one of whom shall be designated the Chairman of the Corporation.

(2) A person shall be disqualified for being appointed, or for continuing, as a member of the Corporation—

(a) if he is or becomes a Member of Parliament; or

(b) if he is or becomes the owner, a partner, a director, a major shareholder or an employee of or in any business which has a business transaction with the Corporation.

7. Term of office of the members of the Corporation.

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