|
The
Working
Journalists and other Newspaper Employees (Conditions
of Service) and Miscellaneous Provisions Rules,
1957
In
exercise of the powers conferred by section 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- 1. Vide S.R.O. 1737,
dated 23rd May, 1957.
Chapter
I: Preliminary
1.
Short title - These rules may be called the Working
Journalists (Conditions of Service) and Miscellaneous
Provisions Rules, 1957.
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) 'Authorised medical practitioner' means a
registered medical practitioner designated as
such under rule 24 and where no such practitioner
has been designated, any registered medical practitioner;
(c) 'Average pay' shall have the meaning assigned
to it in the Industrial Disputes Act, 1947 (14
of 1947);
(d) 'Competent officer' means an office designated
as such under rule 17; 1[***]
(f) 'Form' means a form appended to these rules;
(g) 'Leave' means earned leave, leave on medical
certificate, maternity leave, extraordinary leave,
leave not due, casual leave, study leave or quarantine
leave;
(h) 'Earned leave', means leave admissible under
clause (a) of section 7 of the act;
(i) 'Leave on medical certificate' means leave
admissible under clause (b) of section 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 pm and 5 am; 'night shift' means
a shift when any hours of work fall between the
hours of 11 pm and 5 am.
Chapter
II: Gratuity
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.
4. Gratuity due to a deceased working journalist
to whom payable - On death of a working journalist
-
(a) If a nomination made by him in accordance
with Rule 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.
5. Nominations -
(1) A working journalist shall, as soon as he
completes three years of 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 this death before the
amount has become payable of, where the amount
has become payable, before the payment has been
made.
[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 be come due to
him amongst his nominees at his own discretion.
[***] (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.
(4)
A nomination or its modification shall take effect,
to the extent it is valid on the date on which
it is received by the newspaper establishment.
6. Deductions from gratuity -
The gratuity will be subject to deductions on
account of overpayments made to a working journalist
by the newspaper establishment liable to pay such
gratuity and monies borrowed by the working journalist
from such newspaper establishment.
Chapter
III: Hours of work
7.
Special provisions regarding editor's etc.-
(1) The provision 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) is published,
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 in 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 assignments 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
hours, 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 36 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.
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 not exceed six hours
per day in the case of a day shift and five and
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.
9. Interval for rest -
Subject to such agreement as may be arrived at
between a newspaper estab-lishment and working
journalists employed in that establishment, the
periods of work for working journalists 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
lie had had an interval of rest, in the case of
day shift for one hour, and in the case of nigh
shift for half an hour.
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 lie 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.
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
14 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.
12. Interval preceding change of shift -
In the case of change of shift from night shift
to day shift or vice versa, there shall be an
interval of not less than 24 consecutive hours
between the two shifts and in the case of a change
from one day shift to another day shift or from
one night shift to another night shift there shall
be interval of not less than 12 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 sub-section (2) of section 6 of the act.
Chapter
IV: Holidays
13.
Number of holidays in a year -
A working journalist shall be entitled to 10 holidays
in a calendar year.
14. Compensatory holidays -
If a working journalist is required to attend
on a holiday, a compensatory holiday shall be
given to him, within 30 days immediately following
the holiday, on a day mutually agreed upon by
him and his employer.
15. Wages for holidays -
A working journalist shall be entitled to wages
on all holidays as if he was on duty.
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.
Chapter
V: Leave
17.
Competent officers -
Every newspaper establishment may designate one
or more officers in that establishment as competent
officers for the purposes of this chapter.
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
or unforeseen circumstances.
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 journalist.
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.
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.
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 traveling 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 traveling
allowance for journeys undertaken by work-ing
journalists in the course of their duties.
23. Production of medical certificate of fitness
before resumption 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 authorised
medical practitioner, any registered medical practitioner
or the medical officer who issued the medical
certificate under sub-rule (2) of rules 28.
24.
Designation of authorised medical practitioner
-
Every newspaper establishment may designate one
or more registered medical practitioner as authorised
medical practitioners for the purposes of these
rules.
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 11 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.
26.
Wages during earned leave -
A working journalist on earned leave shall draw
in wages equal to his average monthly wages earned
during the period of 12 complete months spent
on duty, or if the period is less than 12 complete
months, during the entire such period, immediately
preceding the month in which the leave commences.
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 unto a maximum of 30 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 re-fused:
Provided further that in the case of a working
journalist who the while in service and who has
not availed himself of the earned leave due to
him immedi-ately preceding the date of his death,
his heirs shall be entitled to cash compen-sation
for the leave not so availed of.
(2) When a working journalist'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 unto a maximum of 90 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-rules (1) or (2),
as the case may be.
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 18 months of service: Provided that he shall
cease to earn such leave when the leave on medical
certificate amounts to 90 days.
(2)The medical certificate shall be from an authorised
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 in, 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 organisation
at that place like the Kasturba Gandhi Trust,
Kamiadevi Nehru Trust or Tata Memorial Trust.
(3) Leave on medical certificate may be taken
in continuation with earned leave provided that
that the total duration of earned leave and leave
on medical certificate taken together shall not
exceed 120 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 on full wages.
(5) The ceiling laid down in the provisos 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.
(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 not withstanding that earned leave
is due to him.
29.Maternity
leave -
(1) A female working journalist who has put in
not less than one year's service in the news paper
establishment in which she for the time being
employed shall be granted maternity leave on full
wages for a period which he may extend unto 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.
30.
Quarantine leave -
Quarantine leave on full wages shall be granted
by the newspaper establishment on the certificate
of the authorised medical practitioner designated
as such under rule 24 or where, there is no such
authorised medical practitioner by a district
public health officer or other municipal health
officer of similar status, for a period not exceeding
21 days, or, in exceptional circumstances, 30
days. Any leave necessary for quarantine purposes
in excess of that period shall be adjusted against
any other leave that may be due to the working
journalist.
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.
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.
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.
34.
Casual leave -
(1)A working journalist shall be eligible for
casual leave at the discretion of the newspaper
establishment for 15 days in a calendar year:
Provided that not more than five days' 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 forward to the following
year.
35.Wages
during casual leave -
A working journalist on casual leave shall be
entitled to wages as if he was on duty.
Chapter
VI: Miscellaneous
35A.
Manner of giving notice under section l2 of the
act -
Notice required to be given under proviso to clause
(a) of sub-section (2) of section 12 of the act
shall in Form H and shall be published in the
Official Gazette and in leading newspapers.
36. Application under section 17 of the act -
An application under section 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, is situated.
37.
Maintenance of registers, records and muster rolls
-
Every newspaper 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 registers 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 the muster-roll in
Form G may not be maintained by the newspaper
establishments to which the Minimum Wages Act,
1948 and / or the Shops and Commercial Establishments
Act of the state concerned apply and which are
required under those acts of the rules made thereunder
to maintain such or similar forms.
38.Effect
of rules and agreements inconsistent with these
rules -
The provisions of these rules shall have 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 schedule, agreement
or 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
these rules, the working journalist shall continue
to be entitled to the more favourable bene-fits
in respect of that matter, notwithstanding that
he receives benefit in respect of other matters
under these rules.
FORM
A
Nomination form for payment of gratuity under
section 5 of the Working Journalists (Conditions
of service) and Miscellaneous Provisions Act,
1955 [See rule 5(l)] 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 ding to my credit, in the
event of my death before that amount has become
payable, or in become payable has not been paid
and direct that the said amount shall be distributed
one the said per-sons in the manner shown below
against their names name and address of the nominees
Nominee's relationship with the working journalist
Age of nominee
Amount of share of gratuity to be paid to each
nominee
Contingencies on the happening of which the nomination
shall become invalid 1 2 3 4 5
Date...............
Signature of the working journalist
Certified that above declaration has been signed
by ........employed in .............(the name
of the newspaper establishment to be given Due
me after Before me after he has read the entries
/ the entries 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......
[FORMAA]
Form for payment of gratuity under section 5 of
the Working Journalists (Conditions of service)
and Miscellaneous Provisions Act, 1955 in the
case of minors 1.Ins. by G.S.R. 1320. dated Ist
August, 1963. [See rule 5(l)] Whereas Shri/Kumari......
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/Kumari/Shrimati......... son/daughter/wife
of ................. to receive the gratuity in
the event of my death during the minority of Shri/
Ku-mari.................. Dated....... Signature
of 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 entries/the
entries have been read to him by me.
Dated...... Signature of a responsible officer
of the newspaper establishment Signature of witness.....
(1) Designation........ Dated.......
(2) Name and address of the newspaper establishment.........
Signature of witness......
Dated.......
FORM
B
Nomination form for payment of gratuity under
section 5 of the Working Journalists (Conditions
Of Service) and Miscellaneous Provisions Act,
1955 [See rule 5(5)] I,.......hereby cancel the
nomination made by me on the. ....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 that amount has be-come 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 address of the
nominees
Nominee's relationship with the working journalist
Age of nominee
Amount of share of gratuity to be paid to each
nominee
Contingencies on the happening of which the nomination
shall become invalid 1 2 3 4 5
Date...............
Signature of the working journalist
Certified that above declaration has been signed
by ........employed in ............(the name of
the newspaper establishment to be given).
Dated.......
Signature of a responsible official of the newspaper
establishment
Signature of witness .......
(1) Designation Dated .......
(2) Name and address of the newspapergnature of
witness....... Establishment.........
Dated.........
FORM
C
Application under sub-section (1) of section 17
of the Working Journalists (Conditions of service)
and Miscellaneous Provisions Act, 1955
1.
Forms C to G ins. by G.S.R. 1320, dated Ist August
1963. (See rule 36) To the secretary to the government
of..... (Here insert the name of the state government)
department of..... (Here insert the name of the
department which deals with 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/Shrimati/Kumari...son/widow/daughter
of.....a working journalist, was entitled to receive
from....(here insert the name and address of the
newspaper estab-lishment) 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 (45 of 1955). I further state that I
was appointed by Shri.....by an instrument dated..to
receive the amount of the gratuity on behalf of
Shri/Kumari....... I further state that I served
the said newspaper establishment with a demand
notice by registered post on.....for 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 section 17 of the said act, and paid to
me as early as possible. *[I have been duly authorised
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. *[I am a member of the family of late.....(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).] *To be struck
out when the pay-ment is claimed by the newspaper
employee himself. Station ... Signature of the
applicant Date.... Address....... ANNEXURES (Here
insert the details of the amount claimed)
FORM
D
Register of Employees [See rule 37 (1)
Name of establishment........
Place......
Date as on 1st of every month
Total number of employees
Total number of working journalists employed
Names
of working journalists who have resigned, retired,
etc.
Category
Number employed
Number who are in receipt of wages in accordance
with central govt's order Number who are not being
paid in accordance with central govt's order and
reasons therefore
Name
Designation
Whether retired, resigned, etc. and the date of
retirement resignation, etc. Total amount paid
as gratuity and the date of payment made 1 2 3
4 5 6 7 8 9 10
FORM E
Service Register [See rule 37 (ii)]
(1) Name of working journalist.......
(2) Native place.............
(3) Father's name and residence......
(4) Date of birth............
(5) Educational and other qualifications....
(6) Date of first appointment and nature of job..
(7) Date of termination of employment resignation,
retirement or death.......
(8) Reasons for termination.........
(9) Personal marks of identification...........
(10) Signature of the working journalist.........
(11) Signature with date and designation of the
employer........
Name of post held
Scale of pay of the post
Whether (i) Apprentice; (ii) Part-time; (iii)
Permanent; (iv) Probationer; (v) Temporary Emolument
drawn
Period
Signature of working journalist
Signature of the employer or any other officer
of the establishment Reference to any recorded
increment, reward or appreciation of the working
journalist Pay Other emoluments Form To 1 2 3
4 5 6 7 8 9 10
FORM F
Leave register [See rule 37 (iii)
Name of establishment.....
Place.....
Name and designation of the working journalist.....
Calendar year of service...
Duty
Earned leave
Leave on medical certificate
Other kinds of leave
Remarks
Form
To
Balance of leave from preceding year
Due
Availed
Balance
Due
Availed
Balance
Category of leave
Due
Availed
From
To
From
To
From
To
Balance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
FORM
G
Muster roll [See rule 37
(iv)] Name of establishment........
Place.....
Sl. No.
Name of the working journalist
Time at which work
Designation
Rest interval
Working hours for the period ending.. 1.2.3--31
Total hours worked in consecutive period of four
weeks
Overtime hours worked for the period ending 1.2.3
.31
Rest hours allowed in lieu of the overtime hours
worked as in column 9..1.2.3.31
Remarks
Commenced
Ceased 1 2 3 4 5 6 7 8 9 10 11 1
FORM
H
Form of notice to be given under the proviso to
clause (a) of sub-section (2) of section 12 of
the Working Journalists and other Newspaper Employees
(Conditions of Service) and Miscellaneous Provisions
Act, 1955. 1. Form H ins. by G.S.R. 899(E), dated
11th November, 1980 (w.e.f 12-11-1996). (See rule
35A) 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; Now, therefore, in pursuance
of the proviso to clause (a) of sub-section (2)
of section 12 of the working jounalists 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 modifi-cations to make their
representation in writing within a period of 30
days from the publication of this notice.
Back
to Bare acts index
|
