Labour Acts/Wage Board

THE WORKING JOURNALISTS (FIXATION OF RATES OF WAGES) ACT, 1958

 

ACT NO. 29 OF 1958 1*

 

[16th September, 1958.]

 

 

An Act to provide for the fixation of rates of wages in respect of working journalists and for matters connected therewith.

 

BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:--

 

 

  1. Short title.

 

 

1. Short title.- This Act may be called the Working Journalists (Fixation of Rates of Wages) Act, 1958.

 

 

2. Definitions.

 

 

2. Definitions.- In this Act, unless the context otherwise requires,--

 

  1. "Committee" means the Committee constituted under section 3;

 

  1. "prescribed" means prescribed by rules made under this Act;

 

  1. "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;

 

  1. "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;

 

  1. "Wages" means wages as defined in the Industrial Disputes Act, 1947 (14 of 1947);

 

  1. "Working Journalists Act" means the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955);

 

  1. 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.


 

3.Constitution of Committee.

 

 

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

 

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  1. Extended to the Union territory of Pondicherry by Act 26 of 1968, S.3 and Schedule.

 

332

 

 

 

 

notification

in

the  Official

Gazette,  constitute

a  Committee

consisting of

the following persons, namely:--

 

 

  1. 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,

 

  1. 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,

 

  1. 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.

 

 

 

4. Functions of Committee.

 

 

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--

 

  1. the specific grounds of objection, if any, to the Wage Board decision,

 

  1. 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,333

 

(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  representions

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 retropectively,

the date from which the rates of wages should take effect.

 

 

                     

 

  1. 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.

 

  1. 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.

 

 

5. Powers of Committee.

 

 

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 apperas 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).

 

334

 

(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.

 

  1. 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.

 

  1. 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).

 

 

6. Power of Central Government to enforce recommendations of Committee.

 

 

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.

 

  1. 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.

 

335

 

 

7. Working journalists entitled to wages at rates not less than thosespecified

 

in the order.

 

 

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.

 

 

8.[Repealed.]

 

 

8. [Review of order of Central Government.]- Rep. by the Working Journalists (Amendment) Act, 1962, s. 10 (w.e.f. 15-1-1963.).

 

 

9. Recovery of money due to working journalists.

 

9. Recovery of money due to working journalists.- (1) 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

behaf

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*[(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).

 

 

10. Authentication of orders, letters, etc., of the Committee.

 

 

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.

 

 

 

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  1. Subs. by Act 65 of 1962, s. 10, for "the working journalist may" (w.e.f. 15-1-1963).

 

  1. Subs. by s. 10, ibid., for sub-section (2) (w.e.f. 15-1-1963).

 

11. Effect of Act on Working Journalists Act, etc11. 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  consistrued  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.

 

 

 

 

 

 

 

 

12. Vacancies, etc., not to invalidate proceedings of Committee.

 

 

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.

 

 

12 A.Penalty.

 

 

1*[12A. 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.

 

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1.

Ins. by

Act 65

of 1962,

s. 10

(w.e.f. 15-1-1963).

 

336A

 

 

 

 

 

 

 

 

 

 

(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.

 

 

 

 

 

 

 

 

 

  1. For the purposes of this section,--

 

  1. "company" means any body corporate and includes a firm or other association of individuals; and

 

  1. "director" in relation to a firm means a partner in the firm.]

 

 

13. Power to make rules.

 

 

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--

 

  1. the manner in which notices under this Act may be published;

 

  1. the procedure to be followed by the Committee in the exercise of its power under this Act;

 

  1. the powers and functions of the Committee which may be delegated to any of its members;

 

  1. the fees to be paid for inspection of documents furnished to the Committee.

 

1*[(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.]

 

 

14.[Repealed.]

 

 

14. [Repeal and saving.]- Rep. by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and Sch. I.

 

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1.      Ins. by Act 4 of 1986, s. 2 and Sch. (w.e.f. 15-5-1986).

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