The Article of Association (statute) of IRIB

The Article of Association (statute) of IRIB (Islamic Republic of Iran Broadcasting (IRIB)

In line with the article 175 of the constitution of the Islamic Republic of Iran and other articles which refer to mass media (radio and TV) as well as the law governing the activity of IRIB passed by the Parliament on Dec., 28,1980, the text of the Article of Association of IRIB which in the said Association Articles has been referred as the organization is as follows:

Generalities

Article 1- the organization, based on the law governing its activities is an independent entity which is administered on the basis of the said law, the law stipulating the policies of the organization and this Article of Association under the joint supervision of the three branches of government.

Article 2- the organization and the affiliated institutions, in respect to financial, administration and employment affairs are subject to the IRIB’s governing law and this Articles of Association but the affiliated companies and those companies under the ownership of the organization are subject to separate Articles of Association which are approved by the Overseeing Council and in cases which their Articles of Association are not specific, they will be subject to country’s commercial laws.

Article 3- Each member of the Overseeing Council in carrying out their responsibilities, will reflect the views of its constituency (branch of government).

Article 4- The views of three branches of government about the organization will be exclusively expressed through their representatives in the Overseeing Council.

Article 5- The view of the Legislative will be conveyed through the Speaker, the Executive branch, through the President and the Judiciary, through the head of the Supreme Court to the Overseeing Council.

Article 6- The headquarters of the organization is in Tehran and the organization, subject to approval of the Overseeing Council can establish local – TV centers in any part of the country based on the cultural, political and geographical priorities and set up representative offices in other countries in line with country’s foreign policies.

Article 7- Establishment of radio and TV transmitters and broadcasting in any part of the country is in the monopoly of the organization and in case the real or legal persons establish and operate media, their act will be considered as illegal and subject to legal persecution.

Article 8- The assets of the organization include all the rights and assets of the former National Iranian Radio and Television organization comprising of privileges, properties, real states, shares and capitals in state owned and private companies, cash and deposited money in state owned and private companies, other cash and deposited money, installations and similar assets. Meanwhile the organization is the lawful substitute to the former National Radio and Television organization and is responsible to its liabilities and entitled to its rights.

Objectives, tasks and authorities

Article 9- the main objective of the organization as a popular university is promotion of Islamicculture, creation of suitable condition for purification and education of people and enhancement ofmoral values and expediting the evolutionary process of the Islamic Revolution across the world.These objectives should be attained within the framework of entertainment, educational, guidelines,news and recreational programs. Details of objectives and programs of the organization in varioussectors are provided in the law approved by the Parliament concerning the direction and principlesof the organization’s work.

Article 10- in order to make better use of the organizations potentials and recruiting the availablecultural and artistic talents in the society, the organization, subject to coordination with Ministry ofGuidance can set up cultural, art and research groups and establish halls for performing arts andexhibitions.

Article 11- The organization should produce and air useful radio-TV programs in internationallevel, work for promotion of global exchange and communication by observing the Islamicprinciples.

Article 12- In order to recruit the required human resources in art and technical areas, theorganization should work for expansion and completion of the faculty as much as is needed.

Article 13- The organization is authorized to conduct some of its activities which are deemednecessary in the form of an enterprise to make investment in governmental or private companieswhich are engaged in activities relevant to the activities of the organization.

Main Bodies of the Organization

Article 14- The organization consists of the following bodies:

1. Overseeing Council
2. General Manager

Article 15- Election of the Board members and formation of its meeting and credibility of its approval are based on the governing law of the organization.

Note 1– The principles members of the overseeing Board except being a parliament member could not hold other positions and the representative of the Judiciary could not have other job.

Note 2– The Overseeing Board is required to elect one of the Board members as the secretary of the Board for a period of 6 months in its first meeting. All the correspondents of the Board should be signed by the secretary and his/her re-election is permissible.

Note 3– The Board should hold at least two meetings per week and if needed could hold extraordinary meetings.

Note 4– The substitute members of the Board are required to attend at least once the weekly meetings. They certainly can attend all the meetings and make comments but in case of the presence of the principle members in the meeting, the substitute members will have right to vote:

Note 5– Dismissal of the representatives of the Legislative would be possible upon the recommendation of at least 15 members and deliberations by the pro and against members at most for two hours and the absolute majority of present and the right to vote representatives.

Article 16- Responsibilities and the authorities of the Overseeing Council are as follows:

1. Formulation, drafting and modification of the general principles of the organization’s Letters of Association and outline of its plans and its submission to the Islamic Consultative Assembly (parliament) based on article 74 of the country’s Constitution.
2. Preparation and approval of the organization’s structural chart, departments, deputies and managements stipulated in this law and defining the tasks and responsibilities. Note- Establishment or dissolving of any organizational posts must be approved by the Overseeing Council.
3. Direct and active supervision over all programs to verify their compatibility with the approved policies of the organization and monitoring its ongoing activities and performance of various departments.
4. Defining the framework of programs and approving of radio and TV schemes and programs based on the policies approved by the Parliament and making necessary coordination about domestic and foreign propagation policies of the country with the concerned authorities.
5. Election of the general manager (chairman) of the organization by majority votes for a period of two years. The re-election of the chairman for next term of office is permitted. Note- The Overseeing Council is required to elect new chairman from within the council or outside in case of the death or dismissal of the incumbent chairman within one month from the date of the death or dismissed, to conduct the affairs of the organization.
6. Election of inspector and auditor.
7. Preventing of wrong doing and deviations through the general manager, taking up any complaint to rectify possible shortfalls.
8. Reviewing and approving the annual budget proposed by the general manager.
9. Reviewing and approval of the financial transactional, administrative, employment rule of procedures of the organization and the affiliated companies.
10. Reviewing and approval of the annual operational report, balance sheet and loss and profit accounts of the affiliated companies.
11. Approval of investment in subsidiary companies and deciding about the recommendations for modifications of the investment.
12. Review and approval of the Constitution (letters of association) of the affiliated companies and institution of the affiliated companies and institutions.
13. Deciding about purchasing company shares and transaction of government bonds.
14. Reporting the performance of the organization to the three branches of the government on each quarter.
15. Confirming the competence of the deputies of the General Manager of the organization based on the criteria stipulated in the IRIB Act.
Note- Appointment and dismissal of the deputies of the organization and managers of provincial centers as well as the persons in charge of the overseas bureaus upon the recommendation of the General Manager and approval of the Overseeing Council and the decree issued by the GM.

Article 17: Responsibilities and powers of the GM are as follows:

1. Administration of the organization.
2. Preparation of radio TV plans and projects and their submission to the Overseeing Council of approval.
3. Coordination and consolidation of ties between all departments and the provincial centers.
4. Administration of the employees’ affairs and employment, appointment and dismissal of staff working for the deputies of the organization in a accordance with the relevant taws and by-laws.
5. Implementations of decisions made by the Overseeing Council.
6. Preparing the annual budget of the organization to be submitted to the Overseeing Council.
7. Concluding of agreement and contracts with real and legal persons and representing the organization in judicial and administrative establishments and appointing of attorney with the right of appointment of lawyer and settlement of law suit through compromise and referring to arbiter on the bases of articles 77, 125 and 139 of the Constitution. Note- Signing of foreign contracts and referring the law suits and disputes to arbiters should be approved by the Overseeing Council.
8. Submitting of by-monthly report of the organization records to the Overseeing Council.

Note 1-The GM is entitled to transfer by his own discretion part of his authority to any of the officials working in the management department of the organization.
Note 2– the GM is accountable to the Council and should be held accountable for all the issues that according to the organization’s constitution are assigned to him.

Article 18- The inspector of the organization would be appointed from among the Muslim individuals and those observing the religious obligations and have good knowledge of accounting works. The inspector would be appointed by the Overseeing Council for a two year time and his reappointment for the job is permissible.

Note– In case of death, resignation, change of post or dismissed of the inspector, the Overseeing Council would appoint a qualified individual as his successor within one month.

Article 19- Responsibilities of the inspector (auditor) are as follows:

1. Review of the organization financial affairs and the balance sheet and profit and loss of theaffiliated companies and compiling of required reports to be submitted to the OverseeingCouncil. The said report must be submitted to the Council by the end of the Iranian monthof Khordad (May 21 – Jun.20)

2. Verification of the performance of the organization with the approved budget.

3. Conducting other activities that according to the commercial law are assigned to inspectorsto carry out in respect to affiliated companies.

Note 1– The inspector will carry out his responsibilities based on a special rule ofprocedures, approved by the Overseeing Council.

Note 2– The inspector is authorized to refer to all departments and check all financialdocuments and books in line with his legal obligations but his activities must interrupt andhinder the routing works of the organization.

Note 3– In case the inspector comes across any wrong doing or mistake during hisinspection works, He will inform the Overseeing Council accordingly.

Organizational Structure

Article 20- The oversight Council for conducting its legal obligation consists of the following departments:

A. The Project and Plan Department that assists the Council in adoption of planning policies,review and approval of all recommended radio-TV project

B. The Political Department that assists the council in defining and formulating the ad hocpolicies for news, commentaries and political programming and overseeing theirimplementation.

C. Inspection and Evaluation Department which is responsible for evaluation and supervisionover the programs to verify their conformity with the overall adopted policies.

D. The Administration Department, responsible for streamlining and reviewing theorganizational chart, defining the responsibilities of each department and their staff, rule ofprocedures and regulations of the organization and their presentation to the OverseeingCouncil.

E. The Inspection Office that is responsible for supervising the every day working of theorganization and taking care of both internal and external complaints.

Article 21- The General Manager of the organization in carrying out his responsibilities, have 6 deputies as follows:

1. Deputy for programming, responsible for preparation of radio- TV projects and programs and their submission to Plans and Program Department for production and broadcasting.

2. Deputy for Political Affairs, responsible for production, editing and broadcasting of news, reports, commentaries and political analyses. This department receives all its news policies from the Political Bureaus.

3. Deputy for education, responsible for training of the manpower within the radio-TV faculty to meet the organization’s requirements, programming assistance through cultural and publication works and job training courses.

4. Deputy for technical affairs, responsible for all technical activities of the organization. Such as supply and procurement of technical equipment maintenance and repair works, expansion of radio and TV coverage within the country and outside world and promotion of the audiovisual quality of radio – TV outlets.

5. Deputy for financial and administration affairs responsible for preparing and implementing the organization’s budget, recruiting the manpower, carrying out the administrative, salary, welfare and services and coordination of these activities.

6. Deputy for overseas affairs responsible for production of radio-TV programs and presenting them to programming department for overseas broadcasting as well as production of radio- TV programs to be aired by the overseas radio-TV stations and channels.

Financial Affairs

Article 22- Income and revenue sources of the organization are as follows:

1. Incomes made through transferring and licensing the distribution and broadcasting of contents and rendering of services in various manners.

2. Incomes originated by implementation of the expansion of country’s TV networks.

3. Incomes originated from the production activities and their relevant profits.

4. The money secured through the state budget and other funds provided by the government under various titles.

5. Funds provided through the country’s development project.

6. Incomes through broadcasting of commercials and advertisement.

7. Cash and other financial assistance provided by real and legal persons.

8. Incomes made in accordance with country’s law and regulation.

Article 23- The financial year of the organization starts from March 21st and ends on March 20th of the following year.

Article 24- The General Manager is duty bound to prepare the detailed budget of the organizationand the affiliated companies for the coming year to be presented to the oversight council not laterthan Oct.06.

Article 25- the General Manager will submit the details of the financial performance of theorganization and the balance sheet of the affiliated companies to the Overseeing Council before theend of the Iranian month of Khordad (May 27 – Jun 20) the following year.

Article 26- The overseeing Council is obliged to give its comments and views about the financialperformance of the previous year before the end the Iranian month of Tir (Jun. 21 – July. 20).

Article 27- Making comments and decisions concerning the way of proceeding of the balance sheetsand loss and profits of previous years which have not been confirmed by the former concernedauthorities ( Ex National Iranian Radio & Television) is assigned to the Overseeing Council.

Article 28- All the financial documents, cheques and any other valuable bounds of the organizationmust be signed by the GM and the financial controller or those appointed by them. In any case allsuch documents should have two signatures.

Miscellaneous Regulations

Article 29- The employees of the organization as long as are serving in this organization are barred from engaging in any political activities including political or professional grouping inside the organization.

Article 30- All the laws and regulations contradicting this law will be considered as null and void upon the approval of this law.

The above constitution consisting of 30 articles and 15 notes was approved by the IslamicConsultative Assembly (parliament) on wed. Oct. 18, 1983.

The law governing the general policies and principles of the programs of IRIB “approved by theParliament on Oct., 08, 1982

Source Information:http://www.iranculture.org/en/nahad/irib.php (Accessed August 22, 2009)