 the working journalists (amendment) bill, 1962(as intlloducbd in loit sabha on 7m septbmber, 1962)  1962 (as introduced in lok sabra)a bill further to amend the working jauf'tl4lilt, (ccmditimu of senj4ce) and misceuaneoub ,pr!)visions act, 1955 and the working journalist, (fization of rate, of wages) act, 1958 be it enacted by parliament in the thirteenth year of the republic of india u fo~:-1 (1) thb act may be called the working journalists (amend- shon tide meot) act, 1962 ==11& 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint z in section 2 of the working journalists (conditions of service) amendment and miscellaneous provisions ad, 1955 (hereinafter referred to as of aectio;l 1 the principal act), in clause (a), for the word andftgure "sectiojl s", 10 the word and figure "section 9" shall be substituted is 3 for section 5 of the principal act, the following sections shall substitution  d 1 of new leebe substltute , name y: -tiona for iecr;on , "5 (l) where-payment of p'atuity (a) any working journalist has been in continuous service, whether before or after the cammencement of this act, for dot less than three years in any newspaper establishment, and-(i) his services are terminated by the employer in relation to that newspaper establishment for any reason whatsoever, otherwise than as a punishment intlicted by way of disciplinary action; or 1731 (b) ls-l (ii) he retires from service on reaching the age of superannuation; or (b) any working journalist has been in continuous service, whether before or after the commencement of this act, fer not less than ten years in any newspaper establish-s ment, and he vo 1 untarily resigns from service in that newspaper establishment on any ground whatsoever; or (c) any working journa!ist who has been in continuous service, whether before or after the commencement of this act, for less than ten years but not less than three years in 10 any newspaper establishment, and he voluntarily resigns from service in that establishment on the ground of conscience; or (d) any working journalist dies while he is in service in any newspaper establishment, the working journalist or, in the case of his death, his nominee 15 or nominees or, if there is no nomination in force at the time of the death of the working journalist, his family, as the case may be, shall, without prejudice to any benefits or rights accruidg under the industrial disputes act, 1947, be paid, on such termination, retirement resi~ation or death by the employer in 20 relation to that f>stablishment ~ratuity which shall be equivalent to fifteen days' average pay for every completed year of service or any part thereof in excess of six months: provided that in the case of a working journalist referred to in clause (b) the total amount of gratuity that shall be pay~ 2s able to him shall not exceed twelve and half months' average pay: provided further that where a working journalist is ern· ployed in any newspaper establishment wherein not more than six working journalists were employed on any day of the twelve 30 months immediately preceding the commencement of this act the gratuity payable to a working journalist employed in any such newspaper establishment for any period of service before such commencement shall not be equivalent to fifteen days' average pay for every completed year of service or any part 40 thereof in excess of six months but shall be equivalent tl>-(a) three days' average pay for every completed year of service or any part thereof in excess of six months, if the period of such past $ervice does not exceed five yearsi (b) five days' average pay tor every completed year of service or any part thereof in excess of six months, if the period of such past service exceeds five years but does not exceed ten years; and (c) seven days' average pay for every completed year of service or any part thereof in excess of six months, if the period of such past service exceeds ten years   erplanation-;-for the purposes of this sub-section, "family" means-10 (i) in the case of a male working journalist, his widow, children whether married or unmarried, and his dependent parents and the widow and children of his deceased son: is provided that a widow shan not be deemed to be a member of the fdmily of the working journalist if at the time of his death she was not legally entitled to be maintained by him; cii) in the case of a female working journalist, her husband, children, whether married or unmarried, and the dependent parents of the working journalist or of her husband, and the widow and children of her deceased son: 20 provided that if the working journalist has expressed her desire to exclude her husband from the family the husband and his dependent parents shall not be deemed to be a part of the working journalist's family, 30 14 of 1941 35 and in either of the above two cases, if the child of a working journalist or of a deceased son of a working journalist has been adopted by another person and if under the personal law of the adopter, adoption is legally recognised, such a child shall not be considered as a member of the family of the working journalist (2) any dispute whether a working journalist has voluntarily resigned from service in any newspaper establishment on the ground of conscience shall be deemed to be an industrial dispute within the meaning of the industrial disputes act, 1947 or any corresponding law relating to investigation and settlement of industrial disputes in force in any state (3) where a nominee is a miner and the gratuity under subsection (1) has become payable during his minority, it shall be paid to a person appointed under sub-section (3) of section ga: provided that where there is no such person, payment shah be made to any guardian of the property of the minor appointed by a competent court or where no such guardian has been appointed, to either parent of the minor, or where neither parent is alive, to any other guardian of the minor: provided further that where the gratuity is payable to two or more nominees, and either or any of them dies, the gratuity shall be paid to the surviving nominee or nominees nomination b, workin journalist 5a (1) notwithstanding anything contained in any law for the time being in force, or in any disposition, testamentary or 10 otherwise in respect of any gratuity payable to a working journalist, where a nomination made in the prescribed manner purports to confer on any persan the right to receive payment of the gratuity for the time being due to the working journalist, the nominee shall, on the death of the working journalist, 'be- 15 come entitled to the gratuity and to be paid the sum due in respect thereof to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner (2') luly nomination referred to in sub-section (1) shall become void if the nominee predeceases, or where there are two 20 or more nominees, all the nominees predecease the working journalist making the nomination (3) where the nominee is a minor, it shall be lawful for the working journalist making the nomination to appoint any person in the prescribed manner to receive the ,ratuity in the ls event of his death during the minority of the nominee'' "ft (1) the central government may, in the manner hereinafter provided,-30 sobtitution t for sections 8 9 10 11 12 and 13 of the princiftlll a- the ofocwaec-' , , , ~ ~  nodi for aec- following sections shall be substituted, namely: ---tiona 8,9, 10, ii, r2 and 13 piutiod ~ reviaion of rateaof wqel la) fix rates of wages in respect of working journalists; cb> revise, from time to time, at such intervals as it may think fit, the rates of wages fixed under this section or specified in the order macie und~r sef;tion 6 of the working journalists (fixation of rates of wages) act, 1958 3' 29 of 1951 (2) the rates of wages may be fixed or revised by the central government in respect of workiili journalists for time work and for piece work t por the purpose of fixin, or revisinl rates ef wages in p~ respeet of workin, journalists under this act, the cefttral gov- :r::~-= emmellt shall as and when neeessat)', con8titu~ a wage board o(wages whleh shall censist ef-(a) two persons representinl employers in relation to newspaper establis~nts; (b) tw penons represeatiag wodtina jeumalists; 10 (c) tltree independent persods, one of whom shall be a person who is or has been, a jud«~ of a high court or the supreme court and who shall be appointed by that government as the chairman thereof is 10 (1) the board shall, by notice published in such man- ~n_ ner as it thinks fit, call upon newspaper establishments and ::: by working journalists and other persons interested in the fixation revision of rates of wages of working journalists to make sucn representations as they may think fit as respects the rates of wages which may be fixed or revised under this act in l"espect of working journalists (2) every such representation shall be in writing and shall be made within such period as the board may specify in the notice and shall state the rates of wages which, in the opinion of the person making the representation, would be reasonable having reg~rd to the capacity of the employer to pay the same or to any other circumstance, whichever may seem relevant to the person making the rep!"esentation in relation to his representation (3) the board shall take into account the representations af~eui4 if any, and after examtninj{ the materials placed before it make such recommendations as it thinka fit to the central gove~ent for the fixation or revision of rates of wages in respect of working journalists; and ~y such recommendation may specify, whether prospectively or retrospectively, the date from which the rates of wages should take effect (4) in making any recommendations to the central government the board shall have regard to the cost of living, the prevalent ra~s of wages for compara'ble employment, the circumstances relating to the newspaper industry in different regions of the country and to any other circumstances which to the board may 8eem relevant powenand procedure of the board 11 (1) subject to the provisions contained in sub-section (2) the board may exercise all or any of the powers which an industrial tribunal constituted under the industrial disputes act 1947, exercises for the adjudication of an industrial dispute r  of 1947 referred to it and shall, subject to the provisions contained in 5 this act, and the rules, if any, made thereunder have power to regulate its own procedure (2) any representations made to the board and any documents furnished to it by way of evidence shall be open to inspection on payment of such fee as may be prescribed, by any person 10 interested in the matter (3) if, for any reason, a vacancy occurs in the office of chairman or any other member of the board, the central government shall fill the vacancy by appointing another person thereto in accordance with the provisions of section 9 and any 15 proceeding may be continued before the board so reconstituted from the stage at which the vacancy occurred powera of c:ntral government to enforce recommendation:! of the waaeboard 12 (1) as soon as may be, after the receipt of the recommendations of the board, the central government shall make an order in terms of the recommendations or subject to such 20 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,-25 (a) make such modifications in the recommendations, not being modifications of the nature referred to in subsection (1), as it thinks fit: provided that before making any such modifications, the central government shall cause notice to be given to all 30 persons likely to be affected thereby in such manner as may be prescribed, and shall take into account any representations which they may make in this behalf in writini; or (b) refer the recommendations or any part thereof to the board, in which case, the central government shall con- 35 sider its further recommendations and make an order either" in terms of the recommendations or with such modifications of the nature referred, to in sub-section (1) as it thinks fit (3) every order made by the central government under this section shall be pubulhed in 'the ofticial gazette topther 40 with the recommendations of the board 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 s 13 on the coming into operation of an order of the central working government under section 12, every working journalist shall be ~~~[3:jis~ entitled to be paid by his employer wages at the rate which wages at rates shall b 1 h   not lesa than in no case e esst an the rate of wages specified in the thole apeciorder" tied in the order 10 i for section 17 of the principal act, the following sections shall substitution b b i d 1 ofnew sece au st tute - name y:-tions (or section 17 20 "17 (1) where any amount is due under this act to a news- recovery of money due paper employee from an employer the newspaper employee from an may without prejudice to any other mode of recovery, make an employer application to the state government for the recovery of the amount due to him, and if the state government, or such auth0-rity, as the state government may specify in this behalf, is satis· fied that any amount is so due, it shall issue a certificate for that amount to the collector, and the collector shall proceed to reo cover that amount in the same manner as an arrear of land reo venue 30 (2) if any question arises as to the amount due under this act to a newspaper employee from his employer, the state government may on it~ own motion or upon application made to it refer the question to any labour court constituted by it under the industrial disputes act, 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 bv it to the state government which made the reference and any amount found due by the labour court may be recovered in the 35 manner provided in sub-section (1) 17a every employer in relation to a newspaper establish- maintenulcc ment shall prepare and maintain such re,nsters records and of rerdgistend, reeo san muster-rolls and in such manner as may be prescribed muster-rou •• bapecton 17b (1) the state government may by notificattonid the ofticial gazette, appo-int such pertons as it thinkb fit to be inapeet~rs for the purposes of this act and may define the local limits within which they shall exercise their functions (2) any inspector appointed under sub-lection (1) may , for the purpose of ascertaining whether any of the provisions of this act or of the working journalists (fixation of rates of wages) act, 1958 have been complied with in respect of a news-if" 1951 paper establishment-(a) require an employer to furnish such information as 10 be may consider necessary; (b) at any reasonable time enter any newspaper establishment or any premises connected therewith and require anyone found in charge thereof to produce before him for examination any accounts books, registers and other docu- is ments relating to the employment of persons or the pa,ment of wages in the establishment: (c) examine with respect to any matter relevant to any of the purposes aforesaid', the employer, his agent or servant or any other penon found in charge of the dewspaper estab- 20 lishment or any premises connected therewith or any person whom the inspector has reasonable cause to believe to be or to have been an employee in the establishment; (d) make copies of or take extracts from any book, register or other documents maintained in relation to the news- 25 paper establishment; (e) exercise such other powers as may be prescribed (3) every inspector shall be deemed to be a public servant within tb~ meaning of the indian penal code , of r96o (4) any person required to produce any document or thing 3g or to give information by an inspector under sub-section (2) shall be legally bound to do so" amendmeat s in section 18 of the principal act for sub-section (1), tbe of sectiod following subsections shall be substituted namely:-il '(1) if any employer contravenes any of the provisions of 35 this act or any rule or order made thereunder, he lihau be punishable with flne whtch may extend to two hundred rupees (14) whoever, having been convicted of any offence under this act is again convicted of an offence involvidg the contraveation of the same provision, shall be punishable with fine which may extend to flve hundred rupees , 10 (ib) where an oftedce has been committed by a company, wery penon who, at the time the offence was committed, was in claarp of, and was responsible to, the company for the conduct of the b1ulnels of the company, as well as the company sllall be deemed to be guilty of the oftence and shall be liable to be pro eeeded agalut and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this jecrtion, if he proves that the offence was committed without hia lmowledge or that he exercised all due dlligeaee to prevent the commission of such offence is 20 (1e) notwithstanding anything contained in sub-section (lb),where an offence under this section has been committed by a company and it is proved that the offeuee 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 offteer of the compauy, such director, ~ger, secretary or other officer shall also be deemed to be guilty of such offence and shall he liable to be proceeded against and punished accordingly (1 d) for the purposes of this section,-(a) "company" means any body corporate and includes a ftrm or other association of individuals; and (b) "director" in relation to a firm means a partner in the firm  30 t in section 19 of the principal act, after the words "member of ::-=cnt the board", the words "or an inspector appointed under this act" ie 19 shad be insened 8 after section 19 of the principal act, the following sections shan insenf~ ef ftcw  oi1i be inserted, namely: -ipa ad j- "19a no act or proc:eeding of the board shall be questioned defects in on the gound merely of the existence of any vac~cy in, or :uu"!;;,t co defect in the constitution of, t~ board in'falid~ - 1731 (b) ls-2 19b nothing in this act or the working journalists (fixation of rates of wages) act, 1958 shall apply to any working journalist who is an employee of the government to whom the fundamental and supplementary rules, civil services (classification, control and appeal) rules, civil services (temporary 5 service) rules revised leave rules, civil service regulations, civilians in defence services (classification control and appeal) rules or the indian railway establishment code or any other rules or regulations that may be notified in this behalf by the central government in the official gazette apply 10  9 in section 20 of the principal act,- amendment of iciction 2q(i) in sub-section (2), for clauses (d), (e) and (t>, the following clauses shall be substituted, namely:-, (d) the procedure to be followed by the board in the discharge of its functions under this act; 15 (e) the form of nominations, and the manner in which nominations may be made; (f) the manner in which any person may be appointed for· the purposes of sub-section (3) of section 5a; (g) the variation or cancellation of nominations; (h) the manner of giving notice under clause (a) of subsection (2) of section 12; (i) the registers, records and muster-rolls to be prepared and maintained by newspaper establishments, the forms in which they should be prepared and maintained and 2s the particulars to be entered therein; (j) the powers that may be exercised by an inspector; (k) any other matter which has to be or may be, prescribed"; (ii) for sub-section (3), the following sub-section shall be 30 substituted, namely:-" " i': it (3) every rule made under this section 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 35 successive sessions, and if before the expiry of the session in which it is so 1aiq or the session immediately followingl 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 bej so however that any 5 such modification or annulment shall be without prejudice to the validity of anything previously done under that rule" 10 the working journalists (fixation of rates of wages) act, am~ndmodt 1958 shall be amended in the manner hereinafter specified, namely: _ ~~ at of (a) section 8 shall be omitted; 10 (b) in section 9, for sub-section (2), the following subsection shall be substituted, namely:-15 20 "(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 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"; (c) after section 12, the following section shall be inserted, namely:-'12a (1) any employer who contravenes the provisions of penl1tr 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 subsection, shall be punishable with fine which may extend to five hundred rupees 30 35 (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 h~ knowledge or that he exercised all due diiigence to prevent the commission of such offence (4) notwithstanding anything contained in sub-aection (3), where an offence under this section has been c::ommittd by 8 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 afay director, manager, secretary or other officer of the company,_ sueh director, manager, secretary or other officer shall also be deemed to be guilty of such offence and shall be liable to be proceeded 10 against and punished accordiagly (5) for the purposes of this section,-(a) "company" means any body corporate and includes a ftnn or other associati')n of individuals: and (b) "director" in relation to a firm means a partner in i' the firm' in the case of express newspapers v8 union of indi'3, the supreme court in its judgment dated the 19th march, 1958 declared that section 5(1) (a) (iii) of the working journalists (conditions of service) and miseeuaneous provisions act, 1955 was illegal and void as it contravened the fundamental rights ~ranteed to citizens under article 19(1) (g) of the constitution the supreme court observed that there would be no justification for awarding gratuity when an employee vcluntarily resigns except in exceptional circumstances like the operation of a 'conscience clause' and a longer period of continuous servite 2 section 5 (1) (a) (iii) inter alia provides for payment ot gratuity to a working journalist when he voluntarily resigns from service from any newspaper establishment after rendering a continuous service of not less than three years it is accordingly proposed to amend the act to provide for payment of gratuity to a working journalist if he voluntarily resigns on any ground whatsoever after the total service of ten years and also on the ground of conscience if his total service is not less than three years but less than ten years provision is also being made for enabling a working journalist to appoint nominee or nominees for receiving gratuity in case of his death 3 the central government is also being empowered tc fix and revise rates of wages payable to working journalists for this purpose provision is now being made to set up wage boards from time to time which will make necessary recommendationc; to the central government as regards the rates of such wa~es 4 for the purpose of effective implementation of the provisions of the working journalists (conditions of service) and miscellaneous provisions act, 1955 gnd the working journalists (fixation of rates of wages) act, 1958, opportunity is being taken to provide for appointment of inspectors and for requiring newspaper establishments to maintain registers muster-rolls and other records 5 the notes on clauses e'lq)lain in detail the various provisions of the biu nnr di:uu; jaisukhlal hathi the 3rc! september 1962 clause 3-this clause substitutes the existing section 5 of the working journalists (conditions of service) and miscellaneous provisions act, 1955 by two new sections 5 and 5a and makes provision inter azia for the payment of gratuity to a working journalist-(a) on resignation on grounds of conscience after a service of three years, or (b) on voluntarily resignation after a service of ten years the maximum gratuity payable not to exceed 12i months' average pay specific provision has been made to enable a working journalist to nommate a person or persons to receive payment of gratuity in case of his death if no nomination is made, the gratuity would be payable to his family it is also being provided that any dispute whether a working journalist has resigned on the ground of conscience shall be deemed to be an industrial dispute within the meaning of the industrial disputes act, 1947 or any corresponding law in force in any state clause 4-this clause substitutes the existing l:iections 8, 9, 10, 11, 12 and 13 of the working journalists (conditions of service) and miscellaneous provisions act, 1955 under the proposed section 8, the central government is being empowered to fix and revise rates of wages payable to working journalists in order to enable the central government to fix and revise such wages, the central government is being empowered in the proposed section 9 to constitute a wage board which will consist of seven persons, two representing employers, two representing working journalists and three independent persons, one of whom, who is or has been e judge of a high court or the supreme court, will be appointed by that government as the chairman thereof under the proposed section 10, the wage board will make the necessary recommendations to the central government after taking into account the various representations made to it by newspaper establishments and working journalists and any other person interested in the fixation or revision of the rates of wages the powers of the wage board will be the same as of an industrial tribunal constituted under the industrial disputes act, 1947 under the proposed section 12 the central government wid !ssue the order fixing the rates of wages in the 1i~ht of the recommen- dations made subject, of course, to any modifications that the central government may think fit to make this new section is on the same lines as section 6 of the working journalists (fixation of rates of wages) 'act, 1958 it is also being provided in the proposed section 13 that working journalists shall be entitled to be paid by the employer wages at the rate which shall in no case be less than the altes of wages fixed by the central government this corresponds to section 7 of the working journalists (fixation of rates of wages) act, 1958 clause s-this clause substitutes the existing section 17 by a new section and inserts two more new sections 17a and 17b new section 17 is almost on the slame lines as section 9 of the working journalists (fixation of rates of wages) act, 1958 the two new rections 17a and 17b are necessary for the purpose of the effective implementation of the working journalists (conditions of service) and miscellaneous provisions act, 1955 and the working journalists (fixation of rates of wages) act, 1958 under the proposed section 17a, every employer shall be required to prepare and maintain such registers, records and muster-rolls and in such manner as may be prescribed by rules under the proposed section 17b, state governments are being empowered tq appoint inspectors who will exercise functions mentioned in that section clause 6-this clause substitutes the existing sub-section (1) of section 18 by five new sub-sections the existing sub-section (1) proyides for penalty for violation of the provisions contained in section 6 only it is felt that the employer should be made liable for contravention of every provision in the act or any rule or order made thereunder new sub-sections (ib), (1c) and (1d) provide that where an offence has been committed by a company every person who is in charge of, and was responsible to, the company for the conduct of the business of the company shall also be liable to be proceeded against and punished accordingly these new sub-sections are on the general pattern relating to offences by companies clause 7-this clause makes amendment in section 19 so as to afford protection also to an inspector appointed under the act , clause b-this clause inserts two new sections 19a and 19b proposed section 19a is self-explanatory as regards section 19b it is necessary to exclude government servants from the operation of the working journalists (conditions of service) and miscellaneous provisions act, 1955 and the working journalists (fixation of rates of wages) act, 1958 as the government rules and regulations generally offer better terms and conditions: of service, clause 9-section 20 of the working journalists (conditions o! service) and miscellaneous provisions act, 1955 is being amended by this clause so as to enable the central govenunent to make rules with regard to the procedure to be followed by wage board, the manner in which nominations are to be made by working journeliau, the powers to be exercised by inspectors and the manner in which registers, records and muster-rolls are to be maintained by newspaper establishments clause lo-this clause amends the working journalists (fixation of retes of wages) act, 1958 in following respects section 8 is being omitted as it is no lcnger necessary in view 'of the new sections 8 to 12 proposed to be inserted in the working journalists (conditions of service) and miscellaneous provisions act, 1955 by clause 4 there is no provision in the working journalists (fixation of rates of wages) act, 1958 for penalty for the violation of the provisions of section 7 the proposed section 12a provides for such penalt, this bill contemplates the setting up of a wage board for working journalists as and when necessary and also for appointment of inspectors 2 clause 4 of the bill empowers the central government to constitute a wage board, as and when considered necessary, for purposes of fixing and revising the rates of wages in respect of working journal ists the wage board, when appointed will consist of two independent members besides the two representatives each of the employers and the working journalists and a person of the status and experience of a high court judge as the chairman it is expected that when such a board is appointed, it may complete its work within a period of six months the total expenditure on the salaries, etc of the chairman, staff and travelling expenses of the members of the board and witnesses, etc would be about rs 65,000 for a period of six months 3 clause 5 of the bill empowers the state governments to appoint inspectors for the proper enforcement of the provisions of the working journalists (conditions of service) and miscellaneous provisions act, 1955 and the working journalists (fixation of rates of wages) act, 1958 the responsibility of too central government is limited to the union territories and the powers of the state government have been delegated to the chief commissioners/lt governors concerned it is expected that the union territories would be able to appoint the existing officers as inspectors under this act and as such, no additional expenditure is likely to be incurred 1731 (ai) ls-3 clause 9- of the bill amel'ldssection 20 of, the workidj!: :j01l1"di:nstlt (conditions· of service) and miscelleneous prorisioas act 18u::'wbieb empowers the central government to make rules the matt  respect of which such rules may now be made relate to the procedure to'be followed· by the wel'e &ard in' the' diseharge of'its"funetiens, the· ttrlltuler of making nominations by working' j0\2!'halist8'; powetl of ·lj1spectol's, rtwlintenanee of registers, recorda' ana < lilustei'-!'o1:1si 'i!hese are matters of procedure or detail the proposed del  tion· of· legislative· powers ia thus of· a normal chal'8eteit ,e                       ,                                              ,                                                                       ,                                                                                              - z in this act, unless the context otherwise requ~,-     (q) "board" means t~e wage b~ cojl,t~t~~ under sectlon:8;        -                      -                                                   -                                                                    s (1) ~ere--      '&1) : any iw'orking joumahst"us,been in· eoatinuous aervice, ·wbether:·before -er after·the oommeacement of-this act,'for not 11_, than"t!uree- ~eus in ,aay, newspaper ·establishment, ,and-      -(i) ~bis,nl'!rices,aretenninated by the·employer in·rele- tum f to that ,newspaper' estabuament' for-any reason what-:smyer, -otherwise than '·as a, puni&hmel'lt inftieted h1 w~y ef ,1i1acl~,,,etion or       (ii) he retires from service on reaching the age of super-annuation or       (tin, he v()l\li)taruy re:;jq'lls frot;n$eroce ~qjil that ~~8- p~per e$~apua,l}ment, or      (b) 'iul'y -working' j c)ul'il1alist dies while : he is -in 'serftee: ,in ,lilly rlmnvspaper, estabiiahjnent, tlaelwuldilg j01ll'dalist or ,as- the ease may be, his helrsmn, whhout prejudice to any benefits or rights accruing under the industrial disputes,act 1947, be pa~~" onslje,h termiil~i~ l"etj~ejllen~·~gna- 14 of r~1 tion or ,deatlt ~r  ,tj,:te ~ropl9yer in , ~lat~9n" to thet e~t~qlijl;im~dt gratuity which shan be equivalent to fifteen days' average pay for every completed year of service or any part thereof in ~~cess of six months                                             -    (j) notwithstanding anything contained in sub-section (1) where a working journalist is employed in any newspaper establishment wberein not more than six working jownallsts wej'e                                                                    employ~d on ~yday, of the twelve months immediat~y preced_i:gg tbe\ comxnenc;ement of \his act, the  ,sratu~~y> pyable to~,a w9;t:kiqg jqwj}li\ust c\1lployed in any such newspaper establishment for any period of service before such commencement shall be equivalent to-(a) three days' average pay for every completed year of service or any part thereof in excess of six months, if the period of such past service does not exceed five years; (b) five days' average pay for every completed year of service or any part thereof in excess of six months, if the period of such past service exceeds five years but does not exceed ten years; and (c) seven days' average pay for every completed year of ~ ,: service or any part thereof in excess of six months, if the period of such past service exceeds ten years  - - - - s (1) the central government may, by notification in the omclal conititutiod gazette, constitute a wage board for fixing rates of wages in respect qc of working journalists in accordance with the provisions of this act (2) the board shall eonsist of an equal number of persons nominated by the central government to represent employers in relation to newspaper establishments and working journalists, and an independent person shall be appointed by the central government as the chairman thereof 9 (1) in fixing rates of wages in respect of working journalists, the plsation of board shall have regard to the cost of living, the prevalent rates of wapi wages for comparable employments, the circumstances relating to the newspaper industry in different regions of the country and te any other circumstances which to the board may seem relevant (2) the board may fix rates of wages for time work and for piece work ' (3) the decision of the board ftxtng rates of wages !lball be communicated as soon as practicable to the central government 10 (1) the decision of the board shall, within a period of one hb1lcation month from the date of its receipt by the central government, be ~~~=~odadcl published in such manner as the central government thinks fit ia commencement (2) the decision of the board published under sub-section (1) s11all come into operation with effect from such date as may be specified in the decision, and where no date is so sp~ifted, it shall come into operation on the date of its publication pown iiid " 11 subject to any rules of procedure which may be prescribed, =ure of the board may, for the purpose of fixing rates of wages, exercise ule same powers and follow the same procedure as an industrial tribunal constituted under the industrial disputes act, 1947, exercises or 14 of 1947 follows for the purpose of adjudicating an industrial dispute referred to it decision of board to be bindinloll 'f 1!-employ-, ~n 12 the decision of the board shall be binding on all employers in relation to newspaper establishments and every working journalist shall be entitled to be paid wages at a rate which shall, in no case, be less than the rate of wages fixed by the board ~werof 13 (1) notwithstanding anything contained in this act, where the to fi:~= central government is of opinion that it 1s necessary so to do, it may, rates of after consultation with the board, by notification in the official waps gazette, fix interim rates of wages in respect of working journalists (2) any interim rate of wages so fixed shall be binding on all employers in relation to newspaper establishments and' every working journalist shall be entitled to be paid wages at a rate which shall, in no case, be less than the interim rate of wages fixed under subsection (1) (3) any interim rates of wages fixed under sub-section (1) shall remain in force until the decision of the board comes into operation under sub-section (2) of section 10, - - - bcover,of idodc1 due from an employer 17 where any money is due to a newspaper employee from an employer under any of the provisions of this act, whether by way of compensation, gratuity or wages, the newspaper employee 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 penalty 11 (1) if any employer contravenes the provisions of section 6, he shall be punishable with fine which may extend to two hundred rupees - - tae caairman or ely otlaer; member of the board;for "ny~thidglwhjeh is 'inr'ood :iaith done or ifttedded to be gode - 20' (1) the central government may, by notiflcatiol'lrin the,oil-'=' ~e  cial 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 all or any of the followhlr'mauers, namely:-(a)rpayment ofrgratuity to working 3aumallstl; (b) hours of 'work ~f ·working journalists; (c) holidays, earned leave, leave on medical certificate, 'casual leave or any other kind of'leave admissible to wor~j journalists; (d) the prraeeciure, to be followed- by tbe~ board in fb:ing d_ of wages; (e) the manner in which thedeclsian of the,boant maybe p10lblished ; (f) 'y other matter which has to be, or may be,preserthed (3) all rules made under this section shall, as soon as practicable after they 8l'e1malde; be' laid before both'houses- ef!parliameftt - - - - reviewof0f 8 the central government may, at any time after the expiry of ~~ gov- three years from the date of the order passed by it under this act, if erllldent, it is of opinion that circumstances require that the rates of wages specified in the order should be revised, constitute a wage board as provided in section 8 of the working journalists act, and where a wage board is so constituted, the provisions of the working journalists act shall apply thereto recov~ of 9 (l) where any amount is due under this act to a working :o:~ journalist from an employer, the working journalist may, without joumaula 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 govemment, or such authority as· the state government may: specify in this behalf, is satisfied that any money ia so due, it shall isaue a certificate'for that amount to the collector, and the callector shall proceed to recover that·amount in the same manner as an arrear of land revenue (2) if any question arises as to the amount due under this act to a working journalist from an 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 section 7 of the industrial disputes act, 1947, and the said act shall have effect in relation to 14 of 1947 the labour court as if the question so referred were a matter specifled in the second schedule to that act which has been referred to the labour court for adjudication (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! sud-aec:tiqll· (1)  - - - - -  a billfurther to amend the working journalists (conditions of service) and miscellaneous provisions act, 1955 and the working journalists (fixation of rates of wages) act, 1958 (shri jai sukh ltd hathi, minister of labour in the   ministry of labour and   employment) 