PRASAR BHARATI

DIRECTORATE GENERAL: DOORDARSHAN

Subject:         Guidelines for consideration, processing and approval of Commissioned Programmes for telecast on North East Channels of Doordarshan.

Objectives:

The North East region is an area that needs specific consideration for development communication and cultural programming.  Prasar Bharati is making special efforts in North East to promote and nurture talent, provide a platform to deserving producers/artists, encourage production of programmes in local languages/dialects for the benefit of Doordarshan viewers.  Doordarshan seeks to project the rich culture of the regions – its arts, music and literature.

Commissioning of programmes serves towards meeting such goals by supplementing the in-house programme production efforts, bringing variety in programming in a transparent and fair manner and developing excellence in television production in this region of the country.

1.         METHOD OF COMMISSIONING

Commissioning of programmes will be done by Prasar Bharati both at its Doordarshan Headquarters/or at its Doordarshan Regional Kendras of the region, subject to the availability of funds.

Programmes will be commissioned to Empanelled Producers by following the procedure detailed in these guidelines.

A. Empanelment:

Applications will be invited by Doordarshan for Empanelment of Producers/ firms by making announcements over its Network, advertising on its website, by notices on Notice Board of Doordarshan Kendras and also by advertising in newspapers.

            i. Eligibility

A minimum of five years’ experience in production of TV programmes as Producer/Director.

(Relaxation in experience may be given to degree/ diploma holders from FTII, NSD, Central Govt. Institutes, Satyajit Ray Film & TV Institute etc.)

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ii.                 Application

a.      Full bio-data of the applicant with details of experience in production of programmes in the capacity of Producer/Director

b.      Documentary proof of programmes produced/directed for TV channels with details of telecast (dates and time of telecast), approval/sanction letter/any other documentary proof.

c.       If the applicant is a company, a copy of the Certificate of incorporation along with a copy of the Memorandum and Articles of Association should be submitted with the application.  In case of a partnership firm, a copy of the partnership deed and the certificate of registration, if any, should be submitted.

d.     Attested copy of  ration card/PAN Card/Voter’s ID Card or Passport as proof of residence of the applicant.

e.      75% of the notified programmes are earmarked for the North-East residents and the rest of the 25% are for open competition on merit.  The residents of the North-East, to avail this benefit must submit documentary evidence to show that the principal shareholding of the company/firm is in the hands of persons domiciled in the North East.  An attested copy of the State Subject Certificate should invariably be furnished in support of the domiciled status.  In case of partnership firm, State Subject Certificate should be given for each partner.

f.        Application by residents of the North East should be superscried Application for Empanelment in Category A.  Applications by other Producers in the open competition category should be superscried   Application for Empanelment in Category B.

g.      A show reel of the programmes produced by the applicant.

h.      Audited balance sheets, IT returns for the last 3 years, copy of Pan Card.

i.        Processing fee of Rs. 5,000/- with the application in the form of Bank Draft in favour of PBBCI:DG Doordarshan New Delhi payable at Delhi.

j.        An affidavit to the effect that information submitted in respect of programmes produced/directed and telecast, financial status and other relevant aspects are correct and that the applicant shall have no objection to termination of the programme assignment if the information furnished is found to be incorrect should be submitted along with the application.

iii.       Shortlisting :

Applications will be shortlisted for empanelment in categories A and B on the basis of eligibility, experience, show reel /pilot of the Programme,  script/concept, presentation by the producer and documents submitted.

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(Once empanelled the category will be mentioned in all subsequent correspondence.)  Such empanelment will be valid for five years.

Panels will be prepared for each language/dialect in which programmes are to be commissioned.  If empanelment in more than one language/dialect is applied for by the same applicant, applications with processing fee will be submitted separately in each case.

B.                             Inviting programme proposals

i.                    Proposals will be invited on identified themes/subjects from empanelled producers by a notice which will, inter alia, give details of the programme categories, genres, themes, subjects, number of episodes/hours of programme requirement for each channel, language/dialect.

ii.                 Doordarshan reserves the right to make changes in the number of programmes to be commissioned, their type/genre, theme/subject and the number of episodes at any stage, and its decision in this regard shall be final.

iii.               Doordarshan may commission programmes either on Fixed budget basis or Assessed Budget basis, however, the Fixed Budget would apply only for normal commissioning and Assessed Budget would apply for exceptional cases of eminent producers selected by the Empowered Committee Chaired by CEO.  The basis of costing shall be recorded in the proceedings of the Committee.  In the Fixed Budget Mode, the applicant would be expected to submit a proposal to produce the programme within the episode price specified by Doordarshan whereas in the Assessed Budget Mode the episode price would be determined by the Costing Committee.  The notice would clearly mention the Budget Mode.

C.                            Submission of Programme Proposals 

The following  information and documents would be submitted:

i.                    Subject, title, language, theme, category, genre (e.g. Fiction, Documentary, Quiz, etc.) of the programme.

ii.                 Detailed story line in case of serials.  Story/topic, road outline of treatment and script for single episode programmes.

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iii.               Detailed scenario script/screenplay of all episodes with concept and treatment, in case of a short serial of up to 4 episodes.  In case of longer serials, synopsis of all episodes or 26 episodes, whichever is less, along with detailed scenario script/screenplay for four episodes,

iv.               Details of the production team including names, bio-data and addresses of the Director, Researcher, script writer, director of photography and music director along with written confirmation of each one, agreeing to be engaged for the production of the programme.  No change in the production team, once intimated, will be made without the prior consent of Prasar Bharati.

v.                  Cost of production containing the full details of budget break up at pre-production, production and post production stages.  (This may be in a separate sealed cover, superscribed, Proposed Budget inside the main cover)

vi.               For production of quickies, spots, etc, the same details would be furnished along with a complete storyboard and details of post production.

vii.             An affidavit to the effect that the applicant shall have no objection to cancellation of the programme assignment, if any information furnished is found to be incorrect.

viii.          The applicant/producer will produce such other documents and provide such other information as may be required by Prasar Bharati.

Each proposal will carry as its first page, an index indicating all the above with their page numbers. All documents/affidavits will be submitted with the proposals. Additional time for submission of such documents will not be given. Original documents will be provided for verification when asked for by Prasar Bharati.

D. PROCESSING FEE

Each programme proposal shall be accompanied by a non-refundable processing fee of the value of Rs. 5,000/- (Rupees Five thousand). The processing fee shall be submitted in the form of a crossed Bank draft payable to PBBCI, Directorate General, Doordarshan, New Delhi.

E. EVALUATION

i.                    Each proposal received will be initially evaluated on the basis of all submitted documents for its suitability in terms of channel requirement by a Suitability Committee constituted for this purpose. Of the proposals shortlisted, those that are considered for serials of 13 episodes or more, will be asked to produce a pilot at their own risk and cost, except in the

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case of niche formats so determined. Shortlisted proposals will be referred to an  Evaluation Committee.

ii.         The Evaluation Committee will have not more than 04(four) official members of the rank of Deputy Director and above (At Kendras, PEX and above).  The Committee, in addition to official members, may have upto three (03) outside experts.  The outside experts will be from the fields of film/TV production, performing art, broadcasting journalism, literature, management, social sciences etc.  Such a panel of outside experts will be prepared by the Channel Manager/Kendra Director and will have the approval of the DG/Regional DDG. 

iii.       Prasar Bharati may ask the applicant/ producer to make a presentation in respect of the programme proposal submitted by him/her. In such an event, the applicant/ producer must present himself/ herself in person before the' Evaluation Committee along with the requisite members of the creative team as may be intimated and make such presentation (with the pilot wherever stipulated). Presentation by a person other than the applicant/ producer will not be allowed.

iv         The Committee will evaluate proposals mainly on the basis of the pilot (wherever applicable), presentation and the information submitted about the programme. The number of episodes will be decided by the Committee.

F.         COSTING

For Assessed Budget Programme/s the empowered Committee headed by the CEO would itself be the Costing Committee and would examine the budget submitted by the applicant and fix the cost to be awarded per episode in the light of pre-determined costing parameters.

G.        APPROVAL

i.                    The recommendation of the Evaluation Committee (in case of Fixed Budget Mode) shall be placed before regional DDG for approval.

ii.         The decision regarding such approval will be taken by DG: DD/Regional DDG.  Acceptance or rejection of the proposal shall be communicated to the applicants within thirty days of the decision.

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H.        AGREEMENT

After approval of a programme, Doordarshan Directorate will enter into an Agreement with the applicant. The agreement shall, inter alia, indicate the time frame for production and submission of the programme to DD. (A specimen agreement is appended).

I.          QUALITY CONTROL

To ensure that high standards of quality are maintained throughout in the production, Prasar Bharati may attach a Production Associate who may associate himself/herself with the production of the episodes of an approved programme.

It will be ensured that quality control is exercised at each stage of release of payment, and at the stage of rough-cut and the final product. A Preview Committee constituted for the purpose will do the requisite certification before the payments are released. Whenever necessary, the Production associate nominated by Prasar Bharati may also do an on-the-spot appraisal of any production with a view to ensuring due standards of quality and adherence to the plan submitted by the producer.

J.          PRODUCTION

i.          The programme would conform to the technical formats and technical standards approved and notified by DG: DD from time to time (by the Director of the Regional Kendra at the regional level).

ii          The Producer shall produce the programme and supply the episodes finished in all respects. All episodes of the programme shall be supplied within the time frame stipulated in the agreement. The Producer shall supply promos (video, audio and print), publicity material for the programme.

iii.       If there is likelihood of delay in supply of the programme, the Producer shall seek extension of time from Prasar Bharati. The latter may, at its discretion grant such further           time as it deems fit or reject the request. If extension is granted the period of extension will be decided by the DG, Doordarshan/Director of the Kendra at the regional level.

iv.        Any delay over and above the original/extended period granted would attract interest @ 18% per annum for the delayed period on the amounts paid to the Producer.

v.                  The script and tapes (rough-cuts, final tapes) submitted by the Producer would be previewed by Preview Committee comprising of not more than (03)

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official members including a technical member and involving two outside   experts.

vi         If the Preview committee suggests amendments in the programmes the Producer shall carry out the same within the shortest possible time at his own cost.

vii       All programmes/episodes shall conform to the Broadcasting Code of Prasar Bharati.

viii      On completion of the programme/final episode, the following shall become the property of Prasar Bharati and shall be transferred to and/ or handed over to Prasar Bharati before the release of the final payment of the programme:

a.         All scripts and versions of the programme.

b.         All masters, shooting tapes along with unedited material, preview cassettes, publicity material, photographs, promo material and recordings of songs, if any, pertaining to the programme/episodes.

ix.        During the production process the highest technical standards shall be maintained so that the delivered programme is of required standards. Technical specifications stipulated should be maintained through the complete production process i.e. during Production, Post-Production and Delivery, thereby ensuring format compatibility and sustainable archival standard.

x.         Graphics, Captions and action shall be within the safe areas.

xi.        Production tapes shall be of the highest professional quality, recently manufactured. "First usage" of the specified format shall be ensured.

xii.       Master tape shall have 10 sec. Black, 30 sec. Colour Bar w/t 1 kHz tone, 10 sec.Black followed by 10 sec. Countdown in sequence as the programme leader.

xiii.     Prasar Bharati would check all the telecast masters for technical quality and if the tapes are technically rejected by Prasar Bharati the Producer shall carry out necessary corrections as desired by Prasar Bharati, within the shortest possible time at his own cost. The telecast masters submitted after necessary corrections shall be checked for technical quality again and if the tapes fail the technical quality for the second time or on subsequent checks, the Producer would have to pay penalty equal to 1 % of the Episode Price for each rejected tape for each rejection.

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K.                Payments:

Payments for a programme will be made in the following manner:

S. No.              When to be paid                                          Amount to be paid

1          On signing of Agreement and script approval   50% of the total budget

2.         On approval of rough cuts of all episodes          30% of the total budget

3.         On approval of the final product(all episodes)  20% of the total budget

4.         Payment of amounts will be released by Prasar Bharati only against a 100% irrevocable Bank  Guarantee.  The Bank Guarantee will be for cumulative amounts.  The maximum validity period of Bank Guarantee will be six months beyond the period specified in the Agreement for submission of the complete programme to the full satisfaction of Prasar Bharati.  In case the Programme is satisfactorily completed the Bank Guarantee will be released within one month of submission of the programme and all other required material.

5. If the Producer fails to submit the programme within the time frame agreed upon, with or without extension, Prasar Bharati may, at its discretion and in addition to taking any other action, encash the Bank Guarantee without notice to the Producer.
6. The amount of penalty wherever imposed and the interest shall be deducted from the episode price payable to the Producer.

L.                             Rights

i.              All copyrights, whether vested, contingent or future, including broadcasting rights and new media rights, if any, of a programme commissioned by Prasar Bharati under this scheme and produced by the Producer shall vest with Prasar Bharati in perpetuity.  Producer shall indemnify Prasar Bharati against all claims, demands, actions, costs etc. in connection with the programme.

ii.           The said rights shall, inter alia, include:

a.            Masters/negative/rushes rights for all forms of television transmission, including satellite, terrestrial, free-to-air, pay television, DTH, IPTV,DVB(H) etc. in any manner whatsoever, via any medium, method and/or technology for broadcast/reception now known or hereafter invented.

b.            The exclusive global rights for video, cable, radio, website, internet, audio, publishing, merchandising and conversion to feature film, CD, DD formats with compete language rights in entirety.

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c.             Prasar Bharati shall be the exclusive owner of the programme worldwide in perpetuity for multiple telecasts on its own channels and/or on other channels.

d.      Prasar Bharati shall have the right to exploit the programme by any and all means and in any or all medium throughout the world and shall have the right to edit, cut, translate, dub, package or alter the programme and to combine it with other material at its discretion.  Prasar Bharati shall have the right to insert commercial advertisements in the programme.

e.      The Producer shall not have any claim over the revenues earned by Prasar Bharati through advertisements or through any other means in the course of exploitation of the programme.

f.       Rights in the literary material/screenplay on which the programme is based, including all the Producer's rights, titles and interests shall stand automatically transferred to Prasar Bharati in perpetuity at the time of delivery of the programme/ episode.

g.      If the Commissioned programme wins any national or international award, the award proceeds shall be shared on 50:50 basis between the Producer and Prasar Bharati. This is to encourage excellence in programming.

M.       APPEAL

i.          An applicant, whose proposal for programme assignment has been rejected, may, if he/she so desires, make a written application to DG, DD/Regional DDG for reconsideration of his/her proposal indicating the ground on which the proposal may be reconsidered.

ii.         The application to this effect shall be made by the applicant within a period of one month of the issue of the letter conveying the rejection of the proposal.

iii.       The application for reconsideration in respect of the programme proposal shall be accompanied by a non-refundable fee equal to the processing fee for the programme proposal, as the case may be, in the form of a crossed bank draft payable in favour of PBBCI, DG: Doordarshan, New Delhi.

iv.        The application/s for reconsideration shall be placed before a Reconsideration Committee.   The            members        of the Reconsideration Committee will be separate from the original Committee which evaluated the proposal. The Reconsideration Committee will forward its recommendation to the DG for a final decision in the matter.

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v.         The decision pertaining to the reconsideration will be communicated to the Producer within 30 days of such decision being taken.

N.        GENERAL

i.          All Committees except the Reconsideration Committee will be appointed by the DG/ Regional DOG/Kendra Director. The Reconsideration Committee, will be appointed by the CEO. The minimum quorum in various committees will be defined by the appointing authority

ii.         An outside Member serving on various committees will be required to-give an undertaking that neither he/she nor any of his/her blood relatives is an applicant and that he/she is not in any way associated with the proposal under examination.

iii.       Such Producers who lodge complaints against commissioning undertaken by Prasar Bharati will be disqualified from commissioning for a period of two years if the complaint is found to be frivolous or mischievous.

iv.        Producers who have been charge-sheeted for criminal cases are not eligible to apply. Such Producers who are blacklisted by Prasar Bharati are not eligible to apply

v.         Normally more than one proposal from members of the same family, Production House/Producer will not be considered keeping in view principles of equity and natural justice.

vi.        No Government servant will be allowed to apply as a producer under these guidelines. Members of immediate family of Prasar Bharati officials (including DD/AIR) are barred from applying as producers.

vii.      Any regular employee of a private TV channel operating in India is not permitted to produce any programme for Prasar Bharati.

viii.     An applicant/producer who has been notified as defaulter to Prasar Bharati / who has outstanding dues against him will have to clear the dues before being awarded any assignment.

ix.        Notwithstanding anything contained in these guidelines, Doordarshan may, with the prior approval of the Empowered Committee chaired by the CEO, accept any proposal for telecast of TV programmes under this scheme in relaxation of any of these guidelines, however, that the total budget implication in all such proposals shall not exceed 2% of the commissioned budget during any financial year.

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x.         All decisions taken in pursuance of sub clause ix of clause N shall be placed before the Prasar Bharati Board for approval.

O.        Direct Assignment

Notwithstanding anything contained in these guidelines, Prasar Bharati may commission programme(s) directly from eminent Producers/ Directors/ Production Houses on such terms and conditions and in respect of such topics/subjects as it may deem fit, in fields where these eminent producers/ directors/ production houses have a proven record. This direct selection will be done through a Committee chaired by the CEO. The Committee will include the DG: DD, one Programme DDG, one expert from Media/TV/Arts/Films/Literature, management, social sciences to be nominated by the CEO from among a panel of experts. The panel will be valid for one year. All such direct assignments will thereafter be placed before the Board, for ratification.

P.         These guidelines broadly define the policy and procedure of Commissioning. Exact details of the specific commissioning requirements would be available in the advertisement as and when issued.

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