Rule 1: Short title.
This Act may be called the Working Journalists (Fixation of Rates of Wages) Act, 1958.
Rule 2: Definitions.
In this Act, unless the context otherwise requires,-
(a) "Committee" means the Committee constituted under section 3;
(b) "prescribed" means prescribed by rules made under this Act;
(c) "Wage Board" means the Wage Board constituted under the working Journalists Act by notification No. S.R.O. 1075 of the Government of India in the Ministry of Labour, dated the 2nd May, 1956;
(d) "Wage Board decision" means the decisions of the Wage Board published in the Gazette of India, Extraordinary, Part II, Section 3, dated the 11th May, 1957;
(e) "Wages" means wages as defined in the Industrial Disputes Act, 1947 (14 of 1947);
(f) "Working Journalists Act" means the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955);
(g) words and expressions used but not defined in this Act, and defined in the Working Journalists Act, shall have the meanings respectively assigned to them in that Act.
Rule 3: Constitution of Committee.
1) For the purpose of enabling the Central Government to fix rates of wages in respect of working journalists in the light of the Judgment of the Supreme Court, dated the 19th day of March, 1958, relating to the Wage Board decision, and in the light of all other relevant circumstances, the Central Government shall, by notification in the Official Gazette, constitute a Committee consisting of the following persons, namely:--
(i) an officer of the Ministry of Law not below the rank of Joint Secretary, nominated by the Central Government, who shall be the Chairman of the Committee,
(ii) three persons nominated by the Central Government from among the officers of each of the Ministries of Home Affairs, Labour and Employment and Information and Broadcasting,
(iii) a chartered accountant nominated by the Central Government.
(2) If for any reason a vacancy (other than a vacancy by reason of temporary absence) occurs in the office of the Chairman or any other member of the Committee, the Central Government may appoint another person in accordance with the provisions of sub-section (1) to fill the vacancy, and the inquiry before the Committee may be continued from the stage which had been reached when the vacancy arose.
(3) The Central Government may appoint a Secretary to the Committee, and may also provide the Committee with such other staff as may be necessary.
(4) The Secretary shall perform such functions of a ministerial or other nature as the Committee or the Chairman thereof may assign or delegate to him.
Rule 4: Functions of Committee.
(1) The Committee shall, by notice published in such manner as it thinks fit, call upon newspaper establishments and working journalists and other persons interested in
the Wage Board decision to make such representations as they may think
fit as respects the Wage Board decision and the rates of wages which
may be fixed under this Act in respect of working journalists.
(2) Every such representation shall be in writing and shall be
made within such period not exceeding thirty days, as the Committee
may specify in the notice, and shall state--
(a) the specific grounds of objection, if any, to the Wage
Board decision,
(b) the rates of wages which, in the opinion of the person
making the representation, would be reasonable, having
regard to the capacity of the employer to pay the same
or to any other circumstance, whichever may seem
relevant to the person making the representation in
relation to his representation,
(c) the alterations or modifications, if any, which, in the
opinion of the person making the representation, should
be made in the Wage Board decision and the reasons
therefor.
(3) The Committee shall take into account the representations
aforesaid, if any, and after examining the materials placed before the
Wage Board and such further materials as have since been obtained by
or made available to it under this Act, make such recommendations, as
it thinks fit, to the Central Government for the fixation of rates of
wages in respect of working journalists, whether by way of
modification or otherwise, of the Wage Board decision; and any such
recommendation may specify, whether prospectively or retrospectively,
the date from which the rates of wages should take effect.
(4) In making any recommendations to the Central Government, the
Committee shall have regard to all the matters set out in sub-section
(1) of section 9 of the Working Journalists Act.
(5) The Committee may, if it thinks fit, take up for
consideration separately groups or classes of newspaper
establishments, whether on the basis of regional classification or on
any other basis, and make recommendations from time to time in regard
to each such group or class.
Rule 5: Powers of Committee.
(1) Subject to the provisions contained
in sub-section (2), the Committee may exercise all or any of the
powers which an industrial tribunal, constituted under the Industrial
Disputes Act, 1947 (14 of 1947), exercises for the adjudication of an
industrial dispute referred to it and shall, subject to the provisions
contained in this Act and the rules, if any, made thereunder, have
power to regulate its own procedure.
(2) Any representations made to the Committee and any documents
furnished to it way of evidence, shall be open to inspection on
payment of such fee as may be prescribed, by any person interested in
the matter.
(3) If in the course of any inquiry it appears to the Committee
that it is necessary to examine any accounts or documents or obtain
any statements from any person, the Committee may authorise any
officer of the Central Government (hereinafter referred to as the
authorised officer) in that behalf; and the authorised officer shall,
subject to the directions of the Committee, if any, examine the
accounts or documents or obtain the statements from the person.
(4) The authorised officer may, subject to the directions of the
Committee, if any, exercise all or any of the powers which an
industrial tribunal may exercise under sub-section (2) or sub-section
(3) of section 11 of the Industrial Disputes Act, 1947 (14 of 1947).
(5) Nothing in sub-section (1) of section 54 of the Indian
Income-tax Act, 1922 (11 of 1922), or in any corresponding provision
in any other law for the time being in force relating to the levy of
any tax shall apply to the disclosure of any of the particulars
referred to therein in any report made to the Committee by an
authorised officer.
(6) Any information obtained by an authorised officer in the
exercise of any of his powers and any report made by him shall,
notwithstanding anything contained in this Act, be treated as
confidential, but nothing in this sub-section shall apply to the
disclosure of any such information or report to the Central Government
or to a court in relation to any matter concerning the execution of
this Act.
(7) The authorised officer shall be deemed to be a public servant
within the meaning of section 21 of the Indian Penal Code (45 of
1860).
Rule 6: Power of Central Government to enforce recommendations of Committee.
(1) As soon as may be, after the receipt of the
recommendations of the Committee, the Central Government shall make an
order in terms of the recommendations or subject to such
modifications, if any, as it thinks fit, being modifications which, in
the opinion of the Central Government, do not effect important
alterations in the character of the recommendations.
(2) Notwithstanding anything contained in sub-section (1), the
Central Government may, if it thinks fit,--
(a) make such modifications in the recommendations, not
being modifications of the nature referred to in sub-
section (1). as it thinks fit:
Provided that before making any such modifications, the
Central Government shall cause notice to be given to
all persons likely to be affected thereby in such
manner as may be prescribed, and shall take into
account any representations which they may made in this
behalf in writing, or
(b) refer the recommendations or any part thereof to the
Committee, in which case the Central Government shall
consider its further recommendations and make an order
either in terms of the recommendations or with such
modifications of the nature referred to in sub-section
(1) as it thinks fit.
(3) Every order made by the Central Government shall be published
in the Official Gazette together with the recommendations of the
Committee relating to the order, and the order shall come into
operation on the date of publication or on such date, whether
prospectively or retrospectively, as may be specified in the order.
Rule 7: Working journalists entitled to wages at rates not less than those specified in the order.
Subject to the provisions contained in section 11, on the coming into operation of an order of the Central Government, every working journalist shall be entitled to be paid by his employer wages at a rate which shall in no case be less than the rate of wages specified in the order.
Rule 8: [Repealed.]
Rep. by the Working Journalists (Amendment) Act, 1962, s. 10 (w.e.f. 15-1-1963.).
Rule 9: Recovery of money due to working journalists.
Where any amount is due under this act to a working journalist from an employer,
(1) the working journalist himself, or any other person authorised by
him in writing in this behalf or in the cash of the death of the
working journalist, any member of his family may, without prejudice
to any other mode of recovery, make an application to the State
Government for the recovery of the money due to him, and if the State
Government, or such authority as the State Government may specify in
this behalf, is satisfied that any money is so due, it shall issue a
certificate for that amount to the Collector, and the Collector shall
proceed to recover that amount in the same manner as an arrear of land
revenue.
(2) If any question arises as to the amount due under this Act
to a working journalist from his employer, the State Government may,
on its own motion or upon application made to it, refer the question
to any Labour Court constituted by it under the Industrial Disputes
Act, 1947 (14 of 1947) or under any corresponding law relating to
investigation and settlement of industrial disputes in force in the
State and the said Act or law shall have effect in relation to the
Labour Court as if the question so referred were a matter referred to
the Labour Court for adjudication under that Act or law.
(3) The decision of the Labour Court shall be forwarded by it to
the State Government which made the reference, and any amount found
due by the Labour Court may be recovered in the manner provided in
sub-section (1).
Rule 10: Authentication of orders, letters, etc., of the Committee.
All notices, letters, authorisations, orders or other documents to be issued or made by the Committee under this Act may be authenticated by the Chairman or the Secretary thereof or any other officer authorised by the Committee in this behalf and any notice, letter, authorisation,
order or other document so authenticated shall be presumed to have been duly issued or made by the Committee.
Rule 11: Effect of Act on Working Journalists Act, etc.
(1) Sections 8, 10, 11, 12 and 13 of the Working Journalists Act shall have no
effect in relation to the Committee.
(2) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith in the terms of any award, agreement or contract of service, whether made before or after the commencement of this Act:
Provided that where under any such award, agreement, contract of service or otherwise, a working journalist is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Act, the working journalist
shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this Act.
(3) Nothing contained in this Act shall be construed to preclude any working journalist from entering into any agreement with an employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would
be entitled under this Act.
Rule 12: Vacancies, etc., not to invalidate proceedings of Committee.
No act or proceeding of the Committee shall be invalid merely by reason of the existence of any vacancy among its members or any defect in the constitution thereof.
Rule 12-A: Penalty.
(1) Any employer who contravenes the provisions
of section 7 shall be punishable with fine which may extend to two
hundred rupees.
(2) Whoever, having been convicted of any offence under sub-
section (1), is again convicted of an offence under that sub-section,
shall be punishable with fine which may extend to five hundred rupees.
(3) Where an offence has been committed by a company, every
person who, at the time the offence was committed, was in charge of,
and was responsible to, the company for the conduct of the business of
the company, as well as the company, shall be deemed to be guilty of
the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub-section shall render
any such person liable to any punishment provided in this section if
he proves that the offence was committed without his knowledge or that
he exercised all due diligence to prevent the commission of such
offence.
(4) Notwithstanding anything contained in sub-section (3), where
an offence under this section has been committed by a company and it
is proved that the offence has been committed with the consent or
connivance of, or that the commission of the offence is attributable,
to any gross negligence on the part of any director, manager,
secretary or other officer of the company, such director, manager,
secretary or other officer shall also be deemed to be guilty of such
offence and shall be liable to be proceeded against and punished
accordingly.
(5) For the purposes of this section,--
(a) "company" means any body corporate and includes a firm
or other association of individuals; and
(b) "director" in relation to a firm means a partner in the
firm.
Rule 13: Power to make rules.
1) The Central Government may, by
notification in the Official Gazette, make rules to carry out the
purposes of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for--
(a) the manner in which notices under this Act may be
published;
(b) the procedure to be followed by the Committee in the
exercise of its power under this Act;
(c) the powers and functions of the Committee which may be
delegated to any of its members;
(d) the fees to be paid for inspection of documents
furnished to the Committee.
(3) Every rule made under this Act, shall be laid, as soon as
may be after it is made, before each House of Parliament, while it is
in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before
the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not
be made, the rule shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
Rule 14: [Repealed.]
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