How to become a Member of IBDF
To enroll as a Member of the Indian Broadcasting & Digital Foundation (IBDF), please follow a simple three step process:
- Membership of the Foundation shall be by invitation only.
- Fill in the Membership Application Form, as prescribed.
- Application for Membership shall be proposed and seconded by Board of Directors of IBDF.
Limitation Of Membership
All television broadcasters who meet eligibility criteria, and approved by the Board, can become members. Membership shall not be extended to other industry associations with similar nature of business, and extend only to individual entities. Provided that the Board may, in its discretion relax the eligibility conditions for extending the membership of the Foundation to such other entities/class of entities as it may deem fit.
Membership of the Foundation shall be of three types:
Full (Regular) Members
Only Broadcasters are eligible to become Full (Regular) Members subject to the following eligibility criteria:
a) Broadcaster shall have an average turnover of at least INR 25 Crs from their broadcasting business only for preceding 3 (three) financial years as per audited financials
b) The Broadcaster shall have at least one channel operational for the past 3 years.
c) The Broadcaster or any of its Director(s) shall not be a declared wilful defaulter as identified by any Bank or Reserve Bank of India; and
d) The Broadcaster or its Promoters are not adjudicated as insolvent by a court of competent jurisdiction.
e) The applicant company should have permissions/licenses under its name from the relevant authority.
f) The Broadcaster should have been an Adhoc Member of IBDF for at least a period of 5 years.
Only Broadcasters are eligible to become Adhoc Members. The eligibility criteria for obtaining the Adhoc membership of the company shall be the same as defined above for Full (Regular) Members, except that the average turnover requirement in such case for the applicant Broadcaster be not less than INR 10 crores for the preceding 3 (three) financial years as per the audited financial statements.
Any TV Broadcaster who wishes to become a member of the Foundation may send in their application to the Secretariat. With effect from 26th March, 2010 Adhoc Membership is being granted to the applicants subject to the approval from the Board of Directors.
Adhoc members shall neither have voting rights nor shall be eligible to be elected to the Board of Directors for five years from the date of granting the Adhoc membership. However, the Board in exceptional cases has absolute power to grant Full (Regular) Membership even before completing the prescribed period of five years.
After completion of five years of membership, an Adhoc Member can apply to the Secretariat for the Full (Regular) Membership subject to the fulfillment of eligibility criteria applicable to the Full (Regular) Members and the Board of Directors of IBDF in their absolute discretion may either admit or decline any member for Full (Regular) membership of the Foundation and the Board shall not be bound to give any reasons for any such decision. However, such member shall continue as an Adhoc Member.
During the period of Adhoc Membership, the Adhoc members shall be permitted to enjoy all of the privileges of a Full (Regular member, except that of the voting rights & shall not be eligible to be elected to the Board of Directors.
Any Person who is interested in the objectives of the Foundation can apply for the Associate Membership.
Notwithstanding anything contained in the Articles of the Company, Membership of any nature either Regular, Adhoc or Associate shall not be granted to any Association or Institution or Organization whether registered or unregistered, representing any section or class or association of People or Industry.
Provided further that the Board of Directors is under no obligation to grant membership to every eligible applicant and the decision of the Board shall be final and binding on the Applicant. Further, the Board of the Foundation is not required to assign any reason while rejecting any application for grant of membership.
- Television Broadcaster shall alone be eligible to become Full & Adhoc members, provided it has been on air for a minimum period of three years.
- Membership of the Foundation shall be by invitation only, extended on the recommendation of the Board of Directors of the Foundation.
- Admission to membership shall be taken as conclusive proof of assent to the provisions of the Rules and bye-laws (if any) of the Foundation for the time being in force. All members shall be bound by the Foundation interpretation of the said Rules and bye-laws and the Resolutions passed by the Board from time to time. Such interpretation and the decision of the Board resulting therefrom shall be final.
- Code of Ethics and Self Regulation Guidelines
Every member shall abide by the Code of Ethics and Self Regulation Guidelines, as may be laid by the Board from time to time. Non-compliance with any of the clauses of the aforesaid Code or Guidelines will be treated as a disqualification for continuing as a member of IBDF and such membership shall be liable to be terminated.
- Entrance Fee
An entrance fee shall be paid by every member at the time of its admission, for such amount as the Board shall, from time to time impose and the Board shall have power to increase the said entrance fee on year to year basis with such amount as it may deem fit. The Board shall also have the power to dispense with the requirement of the payment of the Entrance Fee in such case as it may deem fit.
- Annual Subscription of member
The Annual Subscription of member which shall be payable in advance shall be such an amount as the Board may from time to time by a resolution of the Board at its meeting agree upon. The Annual Subscription of members shall be payable in advance yearly according to financial year i.e. from 1st April to 31st March. Any member admitted in the middle of any financial year shall pay subscription for the full year. A member ceasing to be a member of the Foundation in midterm shall not be entitled for refund of subscription or such other funds and levy paid by him.
- Voting Rights
Only Full (Regular) Members will exercise voting rights and each Full (Regular) Member shall have one vote. Associate & Adhoc Members shall neither have voting rights nor shall be eligible to be elected to the Board of Directors. In addition, the Board may at any time create new classes of members and may provide for their entrance fees and subscription for the rights and privileges of such new classes of members in the Foundation. Notwithstanding the provision contained in the Articles of the Company, the Board shall be entitled to transfer the membership of any member of the Foundation from one class to another in accordance with the qualifications for membership of the respective classes laid down by the Board in that behalf from time to time.
- Proposal for Admission
Every person or firm or corporation or applicant for admission as a member shall be proposed by one Board Member of IBDF and seconded by another Board Member of IBDF. The application for membership of every candidate shall be made in writing in such form and contain such particulars as may be required by the Board from time to time.
- Election of Member
The Board is empowered to prescribe the procedure and make regulations from time to time for admission and may in their absolute discretion either admit or reject any candidate for membership of the Foundation and shall not be bound to give their reasons for any rejection.
- Membership When to Commence
After approval of the application for membership by the Board, the Secretary General shall notify the same to the Member in writing and shall furnish him with a copy of the Memorandum of the Foundation and of the rules and bye-laws (if any) for the time being in force. The date of admission shall be the date on which the applicant is admitted by the Board but the fees shall be payable on the basis of the full year only. No newly admitted members shall be permitted to enjoy any of the privileges of a member until he shall have paid his subscription and the entrance fee and such other levy as may be decided by the Board from time to time. Should a newly admitted member not have paid his subscription and entrance fee as may be decided by the Board within one month of the date of admission, such admission shall be considered void and he shall be deemed to have been rejected.
- Rejected Candidate cannot be a Visitor
No rejected applicant shall be eligible for admission as a visitor to the Foundation premises or its meetings without the permission of the President.
- Nomination of Representatives
Every member of the Foundation may appoint in writing in such forms as may from time to time be required by the Board, any individual to represent the member on the Foundation. Provided that such individual shall either be personally qualified to be a member or be an employee of a company/other entity involved in the business specified in the Articles.
- Cessation of Membership/Withdrawal from Membership
Any member of the Foundation can resign or withdraw from the membership of the Foundation only on 31st March in each year by giving not less than one calendar month’s notice in writing to the Secretary General of the intention of such member to do so and upon the expiry of the notice such member shall cease to be a member. Any member resigning from the membership of the Foundation at any time after the commencement of the year shall be liable to pay to the Foundation the full year’s subscription and all other fees and dues as on that day payable to the Foundation by a member and/or dues payable to any party as per the Award given by the Foundation. No member shall, by virtue of giving up membership to the Foundation for any reason whatsoever, be entitled to any refund of the fees and dues paid by him.
- Retirement without Payment of Arrears
Notwithstanding anything in the preceding article, the Foundation may refuse to accept the resignation of a member unless and until he has paid the Foundation all arrears of subscription or any other sum which may be due from him to the Foundation. In such cases, if the amount remains due to be paid by such member, company or corporation, the Foundation shall have the uninterrupted right to recover the same, with or without fine, at any time. In future, when such person enters the production trade and/or enter other Society or Associations with whom this Foundation is under self regulation, the decision of the Board, in such cases, shall be final.
- Insolvent cannot be Member
Any Member shall cease to be a member of the Foundation if the member be adjudicated insolvent. A member carrying on business through a firm or a company shall be ceased to be a member if such firm is adjudged insolvent or the company is wound up.
In the event of the Board finding a member guilty of misconduct, behavior prejudicial to the interest of the Foundation, the Board may determine any punishment, such as fine and/or to the extent of recommending to the General Body the member be expelled from the membership, as they deem fit. Prior to passing any order under this Rule, the concerned member shall be given an opportunity to be heard and the Foundation shall abide by the principles of natural justice. Subject to the above, the decision of the Foundation shall be final.
- Expulsion, Suspension or Fine
If the Board finds that a member has refused or neglected or failed to comply with any provisions of the Rules or any bye-laws or the directives of the Board or the Sub-Committee appointed under the auspices of the Board or is guilty of such conduct as the Board considers likely to endanger the harmony or effect the character or stability of interest of the Foundation or its members, the Board shall pass a Resolution to that effect in the Board meeting and call a Special General Body Meeting of the members of the Foundation, of which notice specifying the intention to propose the Resolution for suspension or expulsion of the member, shall be given, by registered post, by the Board before passing such resolution and that he shall at such meeting and before the passing of such resolution have had an opportunity to give orally or in writing any explanation or defence he may think fit provided further that the quorum shall not be less than 7 members or 1/3rd of the total strength whichever is less. However, the quorum shall not fall in any case below five members at the said meeting. Incase the quorum falls below the number fixed above, the meeting shall be adjourned to such date as the Board thinks fit. If at the adjourned meeting also the requisite quorum is not present, the meeting shall proceed to transact the business without the said quorum. No advocate or legal practitioner shall be allowed to argue on behalf of the member. Voting at such Special General Body Meeting shall be by secret ballot. On passing of such Resolution, the member shall forthwith be deemed to be suspended or expelled, as the case may be, and shall not have any claim against the Board or the Foundation. The decision of the Special General Body Meeting shall be final. No member suspended or expelled under this Article shall be entitled to the repayment of subscription or entrance fee or such other fees and levy already paid to the Foundation.
The Board shall, in addition to any legal action that it may decide to take, be competent to impose a fine to the extent of Rs. 50,000/- for any of the following acts or omission on the part of the members:-
- for neglecting to submit or to abide by and carry out any award or decision or order of any arbitrators or surveyors or umpire and/or decisions and directives of various joint tribunals set up under the auspices of the Foundation made in conformity with the Rules and bye-laws.
- for any misconduct in his dealings with any member or members or any disreputable or fraudulent transaction with any person whether member or not of which a complaint is made in writing to the Board by a member or outsider.
- for knowingly violating or disobeying any Rule or bye-law of the Foundation or any enactment, order or notification issued by the State or Central Government or otherwise in respect of the Indian Television Software Producers Society/Industry or any notice issued by the Board in that regard or violating the spirits of the Resolution passed by the Board from time to time.
- for knowingly publishing or permitting to be published in any newspapers, circulars or otherwise any misrepresentation relating to “INDIAN BROADCASTING & DIGITAL FOUNDATION” to mislead the members and/or the public.
- for wrongful or intentional non fulfillment of contract with a member or an outsider or fraudulent or flagrant breach of contract or wilful repudiation of a contract.
- for disclosing directly or indirectly any information prohibited by the bye-laws framed there under or by an order of the Board.
- for having commercial dealings with a producer who has been declared a defaulter by the Foundation. Explanation: The Foundation shall have a right to frame rules and bye-laws or declaring a producer a defaulter and a declaration by the Foundation that a particular person, firm or company is a defaulter shall be final and conclusive and shall not be liable to be questioned by any member.
- Re-entry of expelled member
- Re-entry of expelled member
A member, who has been expelled under these Rules shall not be eligible for re-admission for a period of one year from the date of expulsion and provided that not less than three members in addition to the proposer and seconder concur in the proposal for re-admission. Provided that the members may, by a simple majority, waive the above debarment for reasons to be recorded in writing.
- Ex-member liable for dues
Any member who shall by any means cease to be a member or be expelled from membership shall nevertheless remain liable for and shall pay to the Foundation all moneys which at the time of such member ceasing to be a member may be due from such member to the Foundation.
- Recoveries and Penalties
Any member who has failed to pay his subscription for the year in advance shall be notified by the Secretary General of the fact one month after the subscription has fallen due, by letter addressed to his last known address and failing payment within one month of the date of such notification, the Board may at any time thereafter remove the name of the defaulting member from the Register of Members and his removal shall be notified to the member who shall thereupon cease to be a member but shall nevertheless be liable for payment of any arrears of subscription, including the subscription for the current year, but the Board shall have the power to restore the name of such member at any subsequent time on his paying the subscription and such fees and levy then in force or such portion of the arrears of subscription as the Board may decide must be paid by him as a condition precedent to his restoration or membership. The Board shall have the power to require such a member to pay an entrance fee and/or such other fine not exceeding Rs. 5,000/-, the imposition of such fee desirable.