Prasar Bharati may
run out of money for operations in two months as board members fight
source:http://economictimes.indiatimes.com |
NEW DELHI: Public broadcaster Prasar Bharati could run out of money
for operations and salaries in two months as a debilitating turf war over
the corporation's accounting has led to administrative confusion and a
potential government decision to hold back grants.
The information & broadcasting ministry, which has administrative
responsibility for the autonomous Prasar Bharati, has told the broadcaster
that it will not release new funds for the fiscal year 2012-13 as audited
accounts have not been submitted since fiscal 2009-10. Typically, more
than two-thirds of Prasar Bharati's annual budget comes from government
grants.
"All that is humanly possible is being done to set the matter right," said
Jawahar Sircar, the 1975 batch IAS officer who took over as Prasar Bharati
CEO in February.
For more than a year before he came on board, a disagreement between two
senior executives over the balance sheet for fiscal 2009-10 was allowed to
grow into a tricky knot involving court proceedings, interpretation of
complex accounting norms and allegations of corruption and financial
bungling.
As one senior executive, who is also a board member, pointed out major
problems with the accounts, the Prasar Bharati board withdrew its approval
of the 2009-10 balance sheet.
BOARD PRESIDES OVER PROTRACTED BATTLE OF MISSIVES
Prasar Bharati's statutory auditor, the Comptroller & Auditor General,
also withdrew its approval following the board decision, even though it
had not spotted problems during its audit. As the board presided over a
protracted battle of missives that ensued, some of its decisions were
contested in court and the accounts for the 2010-11 fiscal could not be
prepared either.
The I&B ministry is required to place the accounts of Prasar Bharati, an
organisation created by an Act of Parliament, before it by the end of each
calendar year. Audited accounts for 2009-10 should have been placed by
December 31, 2010, and for fiscal 2010-11 by December 31, 2011. Both
deadlines have passed. While I&B ministry allowed some leeway last year,
it is now putting its foot down, fearing that questions might be raised in
Parliament.
Growth and modernisation have been impeded for months, and now cash is
drying up fast and threatening to disrupt operations. Also known as the
Broadcasting Corporation of India, Prasar Bharati runs All India Radio and
Doordarshan - the radio and television networks, respectively - that
employ over 50,000 people and continue to be the sole media outlets in
many parts of the country.
On March 16, well over a year after disagreements first broke out, the
Prasar Bharati board requested three accounting and governance
institutions - Comptroller & Auditor General, Controller General of
Accounts and Indian Institute of Corporate Affairs - to form a
three-member committee and help solve the logjam.
"The crux of the disagreement is over what accounting standards are to be
followed by Prasar Bharati. One side has argued that the accounting
standards applicable to all normal companies must be applied, while the
other side feels that only those notified under the Prasar Bharati Act are
applicable. The committee will now determine which standards are
applicable and make recommendations about whether we need more
transparency and more rigorous reporting," Sircar said.
TAKRU VS JAIN
Of the 'two sides' Sircar is referring to, one is I&B ministry Additional
Secretary Rajiv Takru, the ministry's nominee on the Prasar Bharati board,
who served as the CEO between January 2011 and February this year. The
other is Arun Kumar Jain, a 1977 batch IAS officer, who serves as member
(finance) on the board.
Takru says Prasar Bharati's accounts, which are the responsibility of Jain
- whose position is the equivalent of a chief financial officer, has
serious and widespread discrepancies, and falls short of statutory
requirements. Takru was named officiating CEO in January 2011, weeks after
his predecessor BS Lalli was suspended following a CBI enquiry into
financial bungling at Prasar Bharati related to the Commonwealth Games.
On February 1, 2011, Takru wrote a note to the Prasar Bharati board,
voicing concerns over the accounts. "In my view, there appear to be
serious deficiencies and significant non-disclosure even before the
board," he wrote. He listed the deficiencies and recommended that an
external chartered accounting firm be engaged to carry out a "detailed
review of Prasar Bharati accounts, relevant records and accounting
system".
That is tied to the central contention between the two - whether or not
the corporation comes under the Income-Tax Act and is required to adhere
to normal accounting standards. Takru contends the organisation comes
under these rules and has serious tax and other liabilities for which
provisions have not been made. Jain argues the broadcaster is governed
solely by the accounting guidelines in the Prasar Bharati Act and all is
well with the accounts. The dispute has dragged on for 14 months and the
board has been unable to resolve it.
Subsequent to Takru's letter, a war of missives ensued between the two,
where the acting CEO found more discrepancies and Jain defended the
accounts even more aggressively. The board withheld approval to the
accounts in February. In September, the board resolved to refer the matter
to the Comptroller & Auditor General and I&B ministry.
In his letter to the Comptroller & Auditor General on behalf of the Prasar
Bharati board, Takru wrote the broadcaster might have an income-tax
liability of Rs 3,362 crore.
"The board feels the finance and account matters in Prasar Bharati are in
a state of complete disarray and ... could result in the most serious
consequences for the organisation and the government," he wrote. Takru
also pointed out that potential criminal charges of fabrication and
falsification could arise out this.
A certificate required under Section 10 (B) of the Income-Tax Act was
obtained from one Kuldip Singh, a chartered accountant who had no mandate
from Prasar Bharati, Takru alleged. Singh told ET that he was mandated by
Prasar Bharati's CA firm TR Chadha & Co, and had audited the accounts
before he gave the certificate.
In response, the Comptroller & Auditor General withdrew its approval of
the accounts as the board had withheld its own nod by then, admonished the
board for not informing the national auditor of the development, and
recommended a panel of CA firms that could be commissioned to review the
accounts as desired by the board.
In the meanwhile, the board decided to strip Jain of his powers as member
(finance). He moved the Delhi High Court, where the case is pending. The
war between the two senior officials vitiated the atmosphere in the top
echelons of Prasar Bharati, while forcing board members to take sides.
Correspondence on the matter stretching over a year shows acrimonious
attacks and polarised positions.
The Prasar Bharati board comprises former journalist Mrinal Pande
(chairman), journalist Suman Dubey, educator Sunil Kapoor, former Tata Sky
CEO Vikram Kaushik, IIM-Ahmedabad Director SK Barua, Takru, Jain and the
director generals of Doordarshan and AIR.
Jain told ET that allegations of discrepancies in accounts are false and
Prasar Bharati accounts have been prepared as per the notified
requirements under the Act. He also alleged the controversy over accounts
has been generated to cover the wrongdoings during Lalli's tenure. The
corporation seems to have done little on its own to figure out what went
wrong during Lalli's term and Jain was, in fact, a key whistleblower
during Lalli's reign.
Further, Jain said the allegations on accounts surfaced after he
red-flagged a "serious case of under-valuation" in the sale of marketing
rights for ICC World Cup 2011 to broadcaster ESPN.
According to communication dating back to early last year, which has been
reviewed by ET reporters, it is evident that allegations of accounting
irregularities surfaced after a contentious meeting on January 20, 2011,
when Jain disputed the manner in which Doordarshan bid Rs 30 crore for the
revenue management rights of the entire series.
He argued the bid was low. ESPN bid Rs 32 crore and won the rights to
market the airtime on Doordarshan's channels. Jain argues the approval of
a specialised in-house body, the empowered committee on sports rights, was
required but not sought.
In a letter to the Prasar Bharati board on February 14, Jain argued that
ESPN had been allowed to "walk away" with a low bid of Rs 32 crore. He
pointed out that Doordarshan had effectively bid Rs 40 crore for the 2007
World Cup and the value of sports properties had jumped in the five years
since.
While the 2007 edition of the event was held in an unfavourable time zone,
in 2011 not only was India a host, the national team was going into the
tournament as a favourite to win and tremendous excitement was building
around the event. As it happened, India won the tournament, and all
stakeholders - broadcasters, sponsors and players - made a killing. Except
Doordarshan.
"The appropriate bid in this regard, in my view, should have been placed
at Rs 112.5 crore based on a conservative assessment," Jain wrote in his
letter. An ESPN spokesperson said since 2007, due to the advent of
Twenty20 cricket, there has been an overdose of cricket. "Our commercial
decisions are guided by the market. We obviously can't speak for the
commercial decisions of other parties involved in the bidding process,"
ESPN India MD Aloke Malik said.
Responding to an ET questionnaire, Takru said the due process had been
followed in the bid. "No two events are comparable as circumstances in
each case are different," he said. Takru pointed out that since the bid
was only a minimum guarantee and was split as per a 75:25 formula in
favour of the rights holder, Doordarshan took on proportionately greater
risk in bidding aggressively.
It's unclear how the Prasar Bharati board allowed matters to drag for more
than a year. Chairman Mrinal Pande declined comment for the report,
directing an ET reporter to seek responses from Sircar. When the
three-member committee decides on the accounting controversy at Prasar
Bharati, one of the two warring officials will emerge a hero and the other
battered.
But the war will have served to obfuscate the long trail of alleged
wrongdoing at Prasar Bharati. It's also unclear how the organisation will
be compensated for the opportunity cost of innovation and robust
operations for a year.
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