14

No. 6

Provisions
in relation
to national security

Transfer
of licence

Regulations

Broadcasting Services

1993,

(f) willfully delays or obstructs an inspector or a police or other authorized officer in the exercise of powers conferred upon him by
or under this Act;
(g) fails or refuses to comply with any order or direction lawfully
given to him by the Commission;
(h) fails or refuses to comply with the terms and conditions of the
licence he holds;
(i) for the purposes of obtaining, whether for himself or another
person, the issue of a licence, makes a declaration or statement
which he knows to be false in any material particular or does not
know or believe to be true, or knowingly makes use of a declaration or statement or document containing the same,
is guilty of an offence and shall be liable on conviction to a fine not
exceeding 5,000,000/- or to imprisonment for a term not exceeding twenty
four months or to both that fine and that imprisonment.
(2) A court convicting a person of an offence under this Act may, in
addition to any penalty that it may impose, order the forfeiture to the
government of any broadcasting apparatus or other material in relation
to in connection with or by means of which the offence was committed.
(3) Notwithstanding subsection (2), no order of forfeiture shall be
made if it is proved that the broadcasting apparatus in question is not
owned by the person so convicted and if the owner proves that he did
not have any knowledge of the unlawful use of the apparatus by the
person so convicted and could not have reasonably prevented such use.
25.-(1) The Minister or any person authorised by the Minister may
by order under his hand require any licence holder to broadcast forthwith
or within or at any time and in any manner specified, any announcement
which as its content any matter which the Minister deems to be in the
interest of national security or in the public interest.
(2) If the Minister is of opinion that the broadcasting of any matter
or matter of any class or character, would be contrary to the national
security or public interest he may, by notice in writing delivered at the
principal office of the licence holder, prohibit the licence holder from
broadcasting such matter or matter of such class or character and the
licence holder shall comply with any such notice so delivered.
26.-(l) A licence issued under this Act to any person shall not be
transferred to another person, except with the approval of the Commission granted upon an application for such transfer in the prescribed form.
(2) Where a company is the holder of a licence under this Act, no
person other than an existing shareholder of that company, shall, except
with the prior written approval of the Commission, acquire shares or
any other interest in such company which results in such person directly
or indirectly acquiring a controlling interest in the company.
27.-(1) The Minister may make regulations prescribing all matters
which are by this Act required or permitted to be prescribed, or which
are necessary or convenient to be prescribed for the better carrying out
or giving effect to the provisions of this Act.

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