WORKING JOURNALISTS WAGE BOARD RULES, 1956
S.R.O. 1769, dated the 30th July, 1956.-In exercise of the powers conferred by Sec. 20 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (XLV of 1955), the Central Government hereby makes the following Rules, namely :
RULE 01: SHORT TITLE AND EXTENT (1) These rules may be called the Working Journalists Wage Board Rules, 1956. (2) They extend to the whole of India2[ * * * ]
RULE 02: DEFINITIONS In these rules, unless the context otherwise requires,- (a) "Act" means the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (XLV of 1955)-; (b) "Chairman" means the Chairman of the Board; and (c) "member" means member of the Board
RULE 03: MEETINGS The Board shall, subject to the provisions of rule 4-, meet at such date, time and place as may be appointed by the Chairman from time to time: Provided that on the requisition in writing signed by not less than three members, the Chairman shall, within fifteen days from the date of receipt of such requisition, call a meeting of the Board.
RULE 04: NOTICE OF MEETINGS Not less than ten days before the date fixed for every ordinary meeting of the Board, a notice containing the date, time and place of the meeting, together with a list of business to be conducted at the meeting, shall be sent to every member, by registered post, by the Secretary to the Board, or by any other officer authorized by the Chairman in this behalf: Provided that when the Chairman calls a meeting for considering any matter which in his opinion is urgent, a notice of five days from the date of Its issue shall be sufficient.
RULE 05: CHAIRMAN TO PRESIDE AT MEETINGS The Chairman shall preside at every meeting of the Board,
RULE 06: QUORUM (1) No business shall be transacted at any meeting of the Board unless at least tour members are present. (2) If at any meeting the number of members is less than the quorum, the Chairman shall adjourn the meeting to a date not later than five days from the date of the original meeting, informing the members of the date, time and place of the adjourned meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting irrespective of the number of members present at the meeting : Provided that at such an adjourned meeting only such business shall be transacted as was originally proposed to be transacted at the meeting which had to be adjourned for lack of quorum.
RULE 07: PROCEEDINGS BEFORE THE BOARD The proceedings before the Board shall ordinarily be open to the public : Provided that the Board may at any stage direct that any witness shall be examined, or its proceedings shall be held in camera.
RULE 08: DISPOSAL OF BUSINESS Every question considered at a meeting of the Board shall be decided by a majority of the votes and members present and voting. In the event of equality of votes, the Chairman shall have a casting vote: Provided that the Chairman may, if he thinks fit, direct that any matter shall be decided, by circulation of necessary papers to the members present in India and by securing their opinion in writing: Provided further that no decision on any matter under preceding proviso shall be taken unless it is supported by not less than two-thirds majority of the total member.
RULE 09: MINUTES OF THE PROCEEDINGS (1) The minutes of a meeting of the Board shall be recorded and a copy of the minutes shall be sent to each member by the Chairman. (2) The Chairman may correct any clerical error or mistake in any order or decision made by the Board.
RULE 10: SIGNING OF THE REPORT The decision of the Board fixing rates of wages shall be signed by all the members of the Board whether present at its meeting or not but no such decision shall be invalidated merely for want of any such signature.
RULE 10A: BOARD TO GIVE OPPOTUNITY OF HEARING TO A PERSON MAKING REPRESENTATION The Board shall, before making any recommendations to the Central Government, give. an opportunity of being heard to every person who has made a representation to the Board, if -he makes a request in writing to be heard: Provided that if the Board is of opinion, having regard to the nature of the representations or the interests involved or any other relevant circumstances that it is expedient so to do, the Board may, instead of hearing individually, every person who makes such a request, hear only such persons as in its opinion are sufficiently representative of any class or group of persons involved.
RULE 11: SUMMONING OF WITNESSES AND PRODUCTION OF DOCUMENTS (1) The Board may issue summons to persons whose attendance is required either to give evidence or to produce documents. (2) Every summons issued by the Board shall be in duplicate and signed by its Secretary, or by such other person as the Chairman of the Board empowers in this behalf; and it shall specify the time and place at which the person summoned is required to attend and also whether his attendance is required for the purpose of giving evidence or to produce a document, or for both the purposes (3) A person may be summoned to produce a document without being summoned to give evidence; and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same. (4) A summons to produce documents may be for the production of specified documents or for the production of all documents of a certain description in the possession or power of the person summoned. (5) Every summons shall be served by sending it by post to the person for whom it is intended or in such other manner as the Board may direct. (6) The provisions of this rule shall apply, as far as may be, to every other process issued by the Board.
RULE 12: EXPENSES OF WITNESSES Every person who is summoned and appears before the Board shall be paid by the Board such sum of money as appears to the Chairman to be sufficient to defray the travelling and other expenses incurred by the person so summoned in passing to and from the place where he is required to attend.]
RULE 13: RESIGNATION (1) The Chairman or any member may at any time by writing under his hand addressed to the Central Government resign his office or membership, as the case may be. The seat held by the Chairman or the member, as the case may be, shall be deemed to have fallen vacant with effect from the date the resignation of the Chairman or the member is accepted by the Central Government. (2) When a vacancy arises in the office of the Chairman or in the membership of the Board, the Central Government shall take immediate steps to fill the vacancy in accordance with the Act and the proceedings may be continued before the Board so constituted from the stage at which the vacancy is so filled.
RULE 14: ABSENCE FROM THREE CONSECUTIVE MEETINGS. If a member of the Board remains absent from three consecutive meetings (not including adjourned meetings) without the permission of the Board, the Chairman shall inform the Central Government. The Central Government thereupon may declare the scat held by the said member as having fallen vacant and take steps to fill the vacancy so caused as if such member has resigned his membership.
RULE 15: ACTS OF THE BOARD NOT INVALID BY REASON OF DEFECT IN ITS CONSTITUTION, ETC -No act or proceeding of the Board shall be deemed to be invalid by reason merely of any vacancy in, or any defect in the constitution of, the Board.
RULE 16: FEE FOR INSPECTION OT A REPRESENTATION OR DOCUMENT Every application by a person interested in the inspection of any representation made to the Board or any document furnished to it, shall be made in writing to the Secretary of the Board, and shall be accompanied by a fee of Rs. 10, and such inspection shall be made in the presence and under the supervision of the Secretary or any one of his subordinate officers.
RULE 17: MANNER IN WHICH NOTICES BY THE CENTRAL GOVERNMENT MAY BE PUBLISHED -Every notice given by the Central Government under sub-section (2) of Sec. 12-of the Act shall be published- (a) in the Gazette of India and in the official Gazette of the State or each of the States concerned ; and (b) in at least two important newspapers circulating in the State or each of the States, as the case may be, one of the newspapers being in English and the other or others being in the regional language or languages of the State or States concerned.]
WORKING JOURNALISTS (CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS RULES. 1957
S.R.O. 1737, dated the 23rd May, 1957.-In exercise of the powers conferred by Sec. 29 of the Working Journalists (Conditions of Service ) and Miscellaneous Provisions Act, 1955 (45 of 1955)the Central Government hereby makes the following rules, namely :
RULE 1 Short title -These rules may be called the Working Journalists (Conditions of Service) and Miscellaneous Provisions Rules, 1957.
RULE 2 Definitions -In these rules, unless the context otherwise requires,- (a) "Act" means the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955); (b) "authorized medical practitioner" means a registered medical practitioner designated as such underrule 24-and where no such practitioner has been designated, any registered medical practitioner; (c) "average pay" shall have the meaning assigned to it in theIndustrial Disputes Act, 1947 (14 of 1947)-: (d) "competent officer" means an officer designated as such underrule 17-; (e)2[* * *] (f) "form" means a form appended to these rules; (g) "leave" means earned leave, leave on medical certificate, maternity leave, extraordinary, leave not due, casual leave, study leave or quarantine leave; (h) "earned leave" means leave admissible under Cl. (a) ofSec. 7-of the Act; (i) "leave on medical certificate" means leave admissible under Cl. (b) ofSec. 7-of the Act; (j) "leave not due" means leave which is not due to a working journalist but which may be granted to him in anticipation of its being earned subsequently; (k) "quarantine leave" means leave of absence from duty by reason of the presence of an infectious disease in the family or household of a working journalist; (l) "study leave" means leave granted to a working journalist to enable him to undergo any special course of training which may be of use to him in his journalistic career; and (m) "shifts"-"day shift" means a shift when any hours of work of the shift do not fall between the hours of 11 p.m. and 5 a.m; "night shift" means a shift when any hours of work fall between the hours of 11 p.m. and 5 p.m.
RULE 3 Payment of gratuity. -Gratuity shall be paid to a working journalist or in the case of his death, his nominee or nominees or, if there is no nomination in force at the time of the death of the working journalist, his family, as soon as possible after it becomes due and in any case not later than three months.]
RULE 4 Gratuity due to a deceased working journalist journalist--To whom payable. -On death of a working journalist- (a) if a nomination made by him in accordance withrule 5-subsists, the gratuity shall be paid to his nominee or nominees in accordance with such nomination; and (b) if no nomination subsists or if that nomination relates only to a part of the gratuity; the amount of the gratuity or the part thereof to which the nomination does not relate, as the case may be, shall be paid to his family.]
RULE 5 Nominations - (1) A working journalist shall as soon as he completes three years of the continuous service or in the case of those who have completed three years of continuous service at the commencement of the Act, as soon as may be after these rules come into force, make a nomination in Form A conferring the right to receive any gratuity payable under the Act, in the event of his death before the amount has become payable, or where the amount has become payable, before the payment has been made.4[Where the nominee is a minor, a working journalist shall appoint any person in Form AA to receive the gratuity in the event of working journalist's death during the minority of the nominee.] (2) A working journalist may, in his nomination, distribute the amount that may become due to him amongst his nominees at his own discretion.5[* * *] 6[(3) A nomination made under sub-rule (1)4[ * * * ] may at any time be modified by the working Journalist after giving a written notice of his intention to do so in Form B. If the nominee predeceases the working journalist, the Interest of the nominee shall revert to the working journalist, who may make a fresh nomination in accordance with these rules.] 6[(4) A nomination or its modificaiton shall take effect, to the extent it is valid on the date on which it is received by the newspaper establishment.]
RULE 6 Deductions from gratuity -The gratuity will be subject to deduc- tions on account of overpayments made to a working journalist by the newspaper establishment liable to pay such gratuity and moneys borrowed by the working journalist from such newspaper establishment.
RULE 7 Special provisions regarding editors, etc -(1) The provisions of this chapter shall not apply to editors, or to correspondents, reporters or news photographers. (2) Notwithstanding anything contained in sub-rule (1) the following provisions shall apply to every correspondent, reporter or news photographer stationed at the place at which the newspaper (in relation to which any such person is employed), namely: (a) Subject to such agreement as' may be arrived at either collectively or individually between the parties concerned, every such correspondent,reporter or news photographer shall, once he enters upon duty on any day, be deemed to be on duty throughout that day till he finishes all the work assigned to him during that day: Provided that if such correspondent, reporter or news photographer has had at his disposal for rest any interval or intervals for a total period of two hours or less between any two or more assignements of work, he shall not be deemed to be on duty during such period : Provided further that where the total period of such interval or intervals exceeds two hoars, he shall be deemed to be on duty during the period which is in excess of the said period of two hours. (b) Any period of work in excess of thirty-six hours during any week (which shall be considered as a unit of work for the purposes of this sub- rule) shall be compensated by rest during the succeeding week and shall be given in one or more spells of not less than three hours each : Provided that where the aggregate of the excess hours worked falls short of three hours, the duration of rest shall be limited only to such excess.
RULE 8 Normal working day - The number of hours which shall constitute a normal working day for a working journalist exclusive of the time for meals shall exceed six hours per day in the case of a day. shift and five and a half hours per day in the case of a night shift and no working journalist shall ordinarily be required or allowed to work for longer than the number of hours constituting a normal working day.
RULE 9 Interval for rest -Subject to such agreement as may be arrived at between a newspaper establishment and working journalists employed in that establishment the periods of work for working journalist shall be so fixed that no working journalist shall work for more than four hours in the case of day shift and three hours in the case of night shift before he had an interval of rest, in the case of day shift for one hour, and in the case of night shift for half an hour.
RULE 10 Compensation for overtime work -When a working journalist works for more than six hours on any day in the case of a day shift and more than five and a half-hours in the case of a night shift, he shall, in respect of that overtime work, be compensated in the form of hours of rest equal in number to the hours for which he has worked overtime.
RULE 11 Conditions governing night shifts - No working journalist shall be employed on a night shift continuously for more than one week at a time or for more than one week in any period of fourteen days : Provided that, subject to the previous approval of the State Labour Commissioner or any authority appointed by the State Government in this behalf, the limit prescribed in this rule may be exceeded where special circumstances so require.
RULE 12 Interval preceding change of shift -In the case of change of shift from night to day shift or vice versa, there shall be an interval of not less than twenty-four consecutive hours between the two shifts and in the case of a Change from one day shift to another day shift or from one right shift to another night shift there shall be interval of not less than twelve consecutive hours: Provided that no such interval may be allowed if such interval either coincides with or falls within, the interval enjoyed by a working journalist under subsection (2) ofSec. 6-of the Act.
RULE 13 Number of holidays in a year -A working joumalist shall be entitled to ten holidays in a calendar year.
RULE 14 Compensatory holidays -If a working joumalist is required to attend on a holiday, a compensatory holiday shall be given to him, within thirty days immediately following the holiday, on a day mutually agreed upon by him - and his employer.
RULE 15 Wages for holidays - A working journalist shall be entitled to wages on all holidays as if he was on duty.
RULE 16 Wages for weekly day of rest. - A working journalist shall be entitled to wages for the weekly day of rest as if he was on duty.
RULE 17 Competent officers -Every newspaper establishment may designate one or more officers in that establishment as competent officers for the purposes of this chapter.
RULE 18 Application for leave - (1) A working journalist who desires to obtain leave of absence shall apply in writing to the competent officer. (2) Application for leave, other than casual leave, leave on medical certificate and quarantine leave, shall be made not less than one month before the date of commencement of leave, except in urgent o.r unforseen circumstances.
RULE 19 Recording of reason for refusal or postponement of leave -If leave Is refused or postponed, the competent officer shall record the reasons for such refusal or postponement, as the case may be, and send a copy of the order to the working journalst.
RULE 20 Affixing of holidays to leave. -Holidays, other than weekly days of rest, shall not be prefixed or suffixed to any leave without the prior sanction of the competent officer.
RULE 21 Holidays intervening during period of leave. -A holiday including a weekly rest day, intervening during any leave granted under these rules, shall form part of the period of leave.
RULE 22 Recall before expiry of leave - (1) A newspaper establishment may recall a working Journalist on leave if that establishment considers it necessary to do so. In the event of such recall such working journalist shall be entitled to travelling allowance if at the time of recall he is spending his leave at a place other than his headquarters. (2) The travelling allowance which shall be paid to a working journalist under sub-rule (1) shall be determined in accordance with the rules of the newspaper establishment governing travelling allowance for journeys undertaken by the working journalists in the course of their duties.
RULE 23 Production of medical certificate of fitness before resump resump-- tion of duty -A working journalist who has availed himself of leave for reasons of health may, before he resumes duty, be required by his employer to produce a medical certificate of fitness from an authorized medical practitioner, or the medical officer who issued the medical certificate under sub-rule (2) ofrule 28.-]
RULE 24 Designation of authorized medical practitioner -Every news- paper establishment may designate one or more registered medical practitioners as authorized medical practitioners for the purposes of these rules.
RULE 25 Earned leave - (1) A working journalist shall be entitled to earned leave on full wages for a period not less than one month for every eleven months spent on duty: Provided that he shall cease to earn such leave when the earned leave due amounts to ninety days. (2) The period spent on duty shall include the weekly days of rest, holidays, casual leave and quarantine leave.
RULE 26 Wages during earned leave -A working journalist on earned leave shall draw wages equal to .his average monthly wages earned during the period of twelve complete months spent on duty, or if the period is less than twelve complete months, during the entire such period, immediately preceding the month in which the leave commences.
RULE 27 Cash compensation for earned leave not availed of - (1) When a working journalist voluntarily relinquishes his post or retires from service on reaching the age of superannuation, he shall be entitled to cash compensation for earned leave not availed of up to a maximum of thirty days Provided that a working journalist who has been refused earned leave due to him shall be entitled to get cash compensation for the earned leave so refused : Provided further that in the case of a working Journalist who dies while in service and who has not availed himself of the earned leave due to him immediately preceding the date of his death, his heirs shall be entitled to cash compensation for the leave not so availed of. (2) When a working jounalist's services are terminated for any reason whatsoever, other than as punishment inflicted by way of disciplinary action, he shall be entitled to cash compensation for earned leave not availed of up to a maxium of ninety days. (3) The cash compensation shall not be less than the amount of wages due to a working journalist for the period of leave not availed of, the relevant wage being that which would have been payable to him had he actually proceeded on leave on the day immediately preceding the occurrence of any of the events specified in sub-rule (1) or (2), as the case may be.
RULE 28 Leave on medical certificate. - (1) A working journalist shall be entitled to leave on medical certificate on one-half of the wages at the rate of not less than one month for every eighteen months of service :certificate amounts to ninety days. 9[(2) The medical certificate shall be from an authorized medical practitioner; Provided that when a working journalist has proceeded to a place other than his headquarters with the permission of his employer and falls ill, he may produce a medical certificate from any registered medical practitioner : Provided further that the employer may, when the registered medical practitioner is not in the service of the Government, arrange at his own expense, the-medical examination of the working journalist concerned by any Government Medical Officer not below the rank of a Civil Assistant Surgeon or any other Medical Officer-in-charge of a hospital run by a local authority or a public organization at the place, like the Kasturba Gandhi Trust, Kamla Devi Nehru Trust or Tata Memorial Trust.] (3) Leave on medical certificate may be taken in continuation with earned leave provided that the total duration of earned leave and leave on medical certificate taken together shall not exceed a hundred and twenty days at any one time. (4) A working journalist shall be entitled at his option to convert leave on medical certificate on one-half of the wages to half the amount of leave of full wages. (5) The ceiling laid down in the provision. to sub-rule (1) and sub-rule (3) on the accumulation and total duration of leave may be relaxed by the competent officer in the cases of working journalists suffering from lingering illness such as tuberculosis. 10[(6) Leave on medical certificate or converted leave on medical certificate referred to in sub-rules (1) and (4) may be granted to a working journalist at his request notwithstanding that earned leave is due to him.]
RULE 29 Maternity leave - 11[(1) A female working journalist who has put in not less than one year's service in the newspaper establishment in which she is for the time being employed shall be granted maternity leave on full wages, on production of a medical certificate from an authorized medical practitioner, for a period which may extend up to three months from the date of its commencement or six weeks from the date of confinement whichever be earlier.] (2) Leave of any other kind may also be granted in continuation of maternity leave. (3) Maternity leave shall also be granted in cases of miscarriage, including abortion, subject to the condition that the leave does not exceed six weeks.
RULE 30 Quarantine leave -Quarantine leave on full wage shall be granted by the newspaper establishment on the certificate of the authorized medial practitioner desiganted as such underrule 24-or, where there is no such authorized medical practitioner, by a district public health officer or other Municipal Health Officer of similar status, for a period not exceeding twenty-onedays or. in exceptional circumstances, thirty days. Any leave necessary for quaran- tine purposes in excess of that period shall be adjusted against any other leave that may be due to the working journalist.
RULE 31 Extraordinary leave -A working journalist who has no leave to his credit may be granted extraordinary leave without wages at the discretion of the newspaper establishment in which such working journalist is employed.
RULE 32 Leave not due - A working journalist who has no leave to his credit may be granted at the discretion of the newspaper establishment in which such working journalist is employed leave not due.
RULE 33 Study leave -A working journalist may be granted study leave with or without wages at the discretion of the newspaper establishment in which such working journalist is employed.
RULE 34 Casual leave (1) A working journalist shall be eligible for casual leave at the discretion of the newspaper establishment for fifteen days in a calendar year: Provided that no more than five day's casual leave shall be taken at any one time and such leave shall not be combined with any other leave. (2)Casual leave not availed of during a calendar year will not be carried forwardto the following year.
RULE 35 Wages during casual leave - A working journalist on casual leave shall be entitled to wages as if he was on duty.
RULE 35 35--A Manner of giving notice under Sec. 12 of the Act. - Notice re- quired to be given under proviso to Cl. (a) of sub-section (2) ofSec. 12-of the Act shall be in Form "H" and shall be published in the official Gazette and in leading newspapers.]
RULE 36 Application under Sec. 17 of the Act - An application underSec. 17-of the Act shall be made in Form "C" to the Government of the State, where the Central Office or the Branch Office of the newspaper establishment in which the newspaper employee is employed, situated.]
RULE 37 Maintenance of registers, record and muster muster--rolls - Every news- paper establishment shall prepare and maintain the following registers, records and muster-rolls: (i) A register of employees in Form D. (ii) Service Registers in respect of all working journalists in Form E. (iii) Leave Register in respect of all working journalists in Form F. (iv) A muster-roll in Form G: Provided that the leave register in Form F and muster-roll in Form G. may not be maintained by the newspaper establishments to which theMinimum Wages Act. 1948-and/or the Shops and Commercial Establishments Act of the State concerned apply and which are required under those Acts or the rules made thereunder to maintain such or similar forms.
RULE 38 Effect of rules and agreements Inconsistent with those rules - The provisions of these rules shall nave effect notwithstanding anything inconsistent therewith contained in any other rule or agreement or contract of service applicable to a working journalist: Provided that where under any such rule. agreement or contract of service or otherwise, a working journalist is entitled to benefits in respect of anymatter which are more favourable to him than those to which he would be entitled under these rules, 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 these rules.
FORM A A Nomination form for payment of gratuity underSec. 5-of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 [Section 5(1)-] 1. Name (in block letters) Surname (If any)......... 2. Sex........................................................... 3. Religion..................................................... 4. Occupation................................................ 5. Father's Name........................................... 6. Husband's name......................................... (for married women only) 7. Marital status.............................................. (whether bachelor, spinster, married, widow or widower) 8. Date of birth....................day...................month...............Year......... 9. Permanent address: Village.....................Thana................District...............State............ I hereby nominate the person(s) mentioned below to receive the amount of gratuity standing to my credit, in the event of my death before that amount has become payable, or having become payable has not been paid and direct that the said amount shall be distributed among the said persons In the manner shown below against their names : __________________________________________________________________________________ Name and Nominee's Dated..................... Signature of the working journalist. Certified that the above declaration has been signed by .......................employed in.......................(the name of the newspaper establishment to be given) before me after he has read the entires/ the entires have been read over to him by me. Dated................................. Signature of a responsible officer of the newspaper establishment. Signature of witness (1) Designation................................... Dated................... Signatrue of witness..................... (2) Name and address of the newspaper establishment.................................. Dated....................
FORM AA AA Form for payment of gratuity underSec. 5-of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955, in the case of minor [Seerule 5(1)-] Whereas Shri/Kumarl................................ son/daughter of ...................................who has been nominated by me to receive the amount of gratuity standing to my credit, in the event of my death before that amount has become payable, or having become payable has not been paid, is a minor, I hereby appoint Shri/Smt.................................................. son/daughter/wife of.......................................................... to receive the gratuity In the event of my death during the minority of Shri/Km................................................. Signature of Working Journalist. Dated........................... Certified that the above declaration has been signed by.......................employed in.......................(the name of the newspaper establishment to be given) before me after he has read the entires/the entires have been read over to him by me. Dated................................. Signature of a responsible officer of the newspaper establishment. Signature of witness (1) Designation................................... Dated................... Signature of witness..................... (2) Name and address of the newspaper establishment.................................. Dated....................
FORM B B Nomination form for payment of gratuity underSec. 5-of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 [Seerule 5(5)-] I................................ hereby cancel the nomination made by me on the .........................as regards the disposal in the event of my death of the amount of gratuity standing to my credit and hereby nominate the person(s) mentioned below to receive the amount of gratuity standing to my credit, in the event of my death before the amount has become payable, or having become payable has not been paid and direct that the said amount distributed among the said persons in the manner shown below against their names: _______________________________________________________________________________ Name and Nominee's Dated..................... Signature of the working journalist. Certified that the above declaration has been signed before me byDated.............. Signature of a responsible officer of the newspaper establishment. Dated.............. Signature of witness (1) Designation................................... Dated.............. Signature of witness. (2) Name and address of the newspaper establishment.................................. Dated.............
FORM C C (Seerule 36-) Application under sub-section (1) of Sec. 17 of the Working Journalists (Conditions of Service and Miscellaneous Provisions) Act, 1955 To The Secreatry to the Government of......................(here insert the 'name of the State Government) Department of..................... (here insert the name of the Department which deals with the labour matters).................. .................................. (here insert the name of the place where the headquarters of the State Government are situated). Sir, I have to state that I Shri/Smt/Km.............................. son/widow/daughter of............................ a working journalist, was entitled to receive from..............................(here insert the name and address of the newspaper establishment) a sum of Rs...........................on account of ...................(here insert gratuity, wages, .etc. as the case may be), payable under the Working Journalists (Conditions of Service and Miscellaneous Provisions) Act, 1955 (XLVof 1955). I further state that I was appointed by Shri ........................ by an instrument, dated................................. to receive amount of the gratuity on behalf of Shri/Km........................................ I further state that I have served the said newspaper establishment with a demand notice by registered post on ................................-.. fur the said amount which the said newspaper establishment has neither paid nor offered to pay to me even though 15 days have since lapsed. The details of the amount due are mentioned in the statement hereto annexed. I request that the said sum may kindly be recovered from the said newspaper establishment under Sec. 17 of the said Act, and paid to me as early possible.15[l have been duly authorized in writing by ....................... (here insert the name of the newspaper employee) to make this application and to receive the payment of the aforesaid amount due to him.15[I am a member of the family of late...................... (here insert the name of the deceased newspaper employee), being his ..................... (here insert the relationship) and am entitled to receive the payment of the aforesaid amount due to late ......................... (here insert the name of the deceased newspaper employee.) Station...................... Signature of the applicant. Address............................... Dated.........................] To be struck out when the payment to claimed by the newspaper employee himself. [15Here Insert the details of the amount claimed]
FORM H H Form of notice to be given under the proviso to Cl. (a) of sub-section (2) of Sec. 12 of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955. (Rule 35-A-) Whereas the Central Government by Notification No..............dated......... constituted a Board/Tribunal for fixing or revising rates of wages of ................. And whereas the said Board/Tribunal has made its recommendations : And whereas the Central Government proposes to make the modifications to the said recommendations, which In Its opinion effect important alterations in the character of the said recommendations ; Now therefore, in pursuance of the proviso to Cl. (a) of sub-section (7) of Sec. 12 of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, notice is hereby given to all persons likely to be affected by the following modifications to make their representation in writing within a period of thirty days from the publication of this notice. Proposed modifications.]
WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES' TRIBUNAL RULES. 1979 S.O. 1294, dated 4th April, 1979. 1-In exercise of the powers confened by Cl. (d) of sub-section (2) ofSec. 20 of the Working Journalists and other Newspaper Employees' (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), the Central Government hereby makes the following rules namely:
RULE 1 Short title -These rules may be called the Working Journalists and other Newspaper Employees' Tribunal Rules, 1979.
RULE 2 Calling of parties -A tribunal constituted under Sec. 13-AA or, as the case may be, under Sec. 13-DD of the Working Journalists and other Newspaper Employees)' (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), shall subject to the provisions ofrule 3-, call at such date, time and place, as may be appointed by it, from time to time, the parties representing employers in a newspaper establishment and the parties representing the working journalists, or, as the case may be, the non-journalist newspaper employees in such newspaper establishment.
RULE 3 Notice -Not less than ten days before the date fixed by the Tribunal for calling the parties, a notice containing the date, time and place of the meeting, together with a list of business to be conducted at the meeting, shall be sent to both the parties referred to in-rule 2-by registered post by an officer authorized by the Tribunal in this behalf.
RULE 4 Proceedings before the Tribunal - The Proceedings before the Tribunal shall ordinarily be open to the public : Provided that the Tribunal may, at any stage, direct that any witness shall be examined, or its proceedings shall be held, in camera.
RULE 5 Summoning of witnesses and production of documents. - (1) The Tribunal may summon any person to appear as a witness in the course of any inquiry. Such summons may require the witness to appear before it on a date specified therein and to produce any books, papers or other documents and information in his possession or under his control relating in any manner to the inquiry. (2) A summons under sub-rule (1) may be addressed to an individual or an organization of employers or a trade union of working journalists or, as the case may be, of non-journalist newspaper employees, or other workmen as the Tribunal may think fit. (3) A summons under this rule may be served- (a) in the case of an individual, by being delivered or sent to him by registered post; and (b) in the case of an organization or, as the case may be, trade union, referred to in sub-rule (2), by being delivered or sent by registered post to the Secretary or other principal officer of the organization or trade union, as the case may be.
RULE 6 Expenses of witnesses -Every person who is summoned and appears before the Tribunal shall be paid by the Tribunal such sum of money as appears to the Tribunal to be sufficient to defray the travelling and other expenses incurred by the person so summoned in passing to and from the place where he is required to attend. |
