The Working Journalists (Fixation of Rates of Wages) Act, 1958

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

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 bynotification No. S.R.O. 1075 of the Government of India in the Ministry of Labour, dated the 2ndMay, 1956; (d) "Wage Board decision" means the decisions of the Wage Board published in the Gazette ofIndia 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) andMiscellaneous Provisions Act, 1955 (45 of 1955); (g) words and expressions used but not defined in this Act, and defined in the WorkingJournalists Act, shall have the meanings respectively assigned to them in that Act.

(1) For the purpose of enabling the Central Government to fix ratesof wages in respect of working journalists in the light of the Judgment of the Supreme Court, dated the19th day of March, 1958, relating to the Wage Board decision, and in the light of all other relevantcircumstances, the Central Government shall, by notification in the Official Gazette, constitute aCommittee consisting of the following persons, namely:-- (i) an officer of the Ministry of Law not below the rank of Joint Secretary, nominated by theCentral Government, who shall be the Chairman of the Committee, (ii) three persons nominated by the Central Government from among the officers of each of theMinistries 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 theoffice of the Chairman or any other member of the Committee, the Central Government may appointanother person in accordance with the provisions of sub-section (1) to fill the vacancy, and the inquirybefore 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 theCommittee 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 theChairman thereof may assign or delegate to him.

(1) The Committee shall, by notice published in such manner as itthinks fit, call upon newspaper establishments and working journalists and other persons interested in theWage Board decision to make such representations as they may think fit as respects the Wage Boarddecision 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 exceedingthirty 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 bereasonable, having regard to the capacity of the employer to pay the same or to any othercircumstance, whichever may seem relevant to the person making the representation in relation to hisrepresentation, (c) the alterations or modifications, if any, which, in the opinion of the person making therepresentation, 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 examiningthe materials placed before the Wage Board and such further materials as have since been obtained by ormade available to it under this Act, make such recommendations, as it thinks fit, to the CentralGovernment for the fixation of rates of wages in respect of working journalists, whether by way ofmodification 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. (4) In making any recommendations to the Central Government, the Committee shall have regard toall 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 ofnewspaper establishments, whether on the basis of regional classification or on any other basis, and makerecommendations from time to time in regard to each such group or class.

(1) Subject to the provisions contained in sub-section (2), the Committeemay exercise all or any of the powers which an industrial tribunal, constituted under the IndustrialDisputes Act, 1947 (14 of 1947), exercises for the adjudication of an industrial dispute referred to it andshall, subject to the provisions contained in this Act and the rules, if any, made thereunder, have power toregulate its own procedure. (2) Any representations made to the Committee and any documents furnished to it by way ofevidence, shall be open to inspection on payment of such fee as may be prescribed, by any personinterested in the matter. (3) If in the course of any inquiry it appears to the Committee that it is necessary to examine anyaccounts or documents or obtain any statements from any person, the Committee may authorise anyofficer of the Central Government (hereinafter referred to as the authorised officer) in that behalf; and theauthorised officer shall, subject to the directions of the Committee, if any, examine the accounts ordocuments or obtain the statements from the person. (4) The authorised officer may, subject to the directions of the Committee, if any, exercise all or anyof the powers which an industrial tribunal may exercise under sub-section (2) or sub-section (3) ofsection 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 inany corresponding provision in any other law for the time being in force relating to the levy of any taxshall apply to the disclosure of any of the particulars referred to therein in any report made to theCommittee by an authorised officer. (6) Any information obtained by an authorised officer in the exercise of any of his powers and anyreport made by him shall, notwithstanding anything contained in this Act, be treated as confidential, butnothing in this sub-section shall apply to the disclosure of any such information or report to the CentralGovernment 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 ofthe Indian Penal Code (45 of 1860).