the \\ql~king journalistc ijfji q'llu t-il1~is?l-u:i!j:l ehpwyees (conditions of service) and miscellaneous pro'lisiohs ( amendivjent) bi ll, 1979  ( to be/as introduced in lok sabba) 1 - page 1 , in the long title,-fq1: lin e 1rsp ap er s 11 read "ne wsp 'lper 11 2 page 3, line 14, -for "fixing ("if" read "fixing or" 3 page 5, line 14, -for "employee s' ii read "employers' " 4 page 8, line 2,-for "news!? ap ers ii read "newsp apeh ,t new delhi; februar~~ 19~ magtia 2~~ , 900 aka)  bill no 15 of ist79!l'lie woriqng joubnalists and other newspaper em-ployus (conditions of service) and miscelianeous provisions (amendment) bill 1979 bill further to amend thb working jo'urruuists and othe1-newspapers emp1dyess (clonditions of service) and mi'jcellaneous provisions act~ 195~  uotllllwhereas the wage board constituted under' section 9 of the working jcltltqau"ts and other newspaper employees (conditions of ~rvice) and :miscellaneous provisions act, 1955 by the notification of the government of india in the ministry of labour, no s0 809, dated the 6th february, s 1976 for fixing and revising rates of wages in respect of wo,rking journalists and the wage board constituted under section 13c of the said act hy the n9mfteatiol'l ef the gowmment of india in the 141j7istry o~ labour, no so i, 41ated the 11th june, 1975 for fixing and revjsulg rates of wages in respect of non-journalist newspaper employees have not been 10 able to function effectively; and whereas the consequent delay on the part of the said boards in making thefr recommendations to the central government has impeded the making of proper provision for securing to working journalists and non",;oul'jullist newspaper employees just conditions of work; 15 and whereas for dealing with the situations referred to in the foreg~pa1"ogmph8 ~ matters risillg therefrom it is necessary in the  wie mterest to make alternative 8lt8qgements for the purpose of fixing and revising rates of wages in respect of worldng journalists and in r~spect of non-jaumalist newspaper employees under the said act and 20 ijiereby securing to them speedtly just conditions of work; be it  ted ~ par-liament in the thirtieth year of the republic of india as follows:-i ~!l} this act may be caned the workuj,g joumausts and other ii  per ~ees(conditions of8eryice) and ~us pro-25 '\rib (ameadmetlt) ad, mg shc;ri title and commencement (i) it shall be deemed to ha~ @6me into fqrce on the 31st day of january, 1(179 il  _ 2 in section 2 of the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions ad, 1955 (hereinafter referred to as the principal act), after clause (e), the fohowing  clause shall be inserted, namely:-'(ee) "tribunal" means,-s (i) in relation to working journalists, the tribunal constituted under section 13aaj and (ii) in relation to non-journalist newspaper employees, the tribunal constituted under section 13'ddj' 3 in chapter ii of the principal act, after section 13a, the following 10 section shall be inserted, namely:-insertion of new section 13aa constitution of tribunal forftxing orrevisingrates otwages in respect of workingjournalists "13aa (1) notwithstanding anything contained in this ad, where the central government is of opinion that the board consti tuted under section 9 for the purpose of fudng or revising rates of wages in respect of working journalists under this act has not been is able to function (for any reason whatsoever) effectively, and in the circumstances, it is necessary so to do, it may, by notification in the official gazette, constitute a tribunal, which shall consist of a penon who is, or has been, a judge of a high court or the supreme court, for the purpose of fixing or revising rates of wages in respect of working journalists under this act ' 20 (2) the provisions of sections 10 to 13a shall apply to, and in relation to, the tribunal constituted under gub-section (1) of this section, the central government and working journalists, subject to the modifications that--2s (a) the references to the board therein, wherever they occur, shall be construed as references to the tribunalj (b) in sub-section (3) of section 11,-(i) the reference to the office of chairman or any other member of, the board shall be construed as a reference to the 30 office of the person constituting the tribunal; and (ii) the reference to section 9 shall be construed as a reference to sub-section (1) of this section; and (c) the references in section 13 and section 13a to section 12 shall be construed as references to section 12 read with this sec- 3s tion (3) the tribunal, in discharging its functions under this act, may act on the evidence recorded by the wage board or partly recorded by the wage board and partly recorded by itself:  provided that ifi the tribunal is of opinion that further examina- 40 tlon of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as it may permit, th~ wjtjl~~ ,hall be discharged  (4) on the constitution of a tribunal under sub-section (1), the board constituted under section 9 and functioning immediately before such constitution shall cease to exist and the members constituting that board shall be deemed to have vacated their ofdces: s provided that any interim rates of wages fixed by the central government under section 13a in respect of working journalists and in force immediately before the constitution of the tribunal shall remain in force until tlieorder of the central government under section 12 read with this section comes into operation" 10 4: in chapter iia of the principal act, after section 130, the 'following section shall be inserted, namely:-insertion ott new section 13dd is constitution oi tribunal forflxing or revisingrates of wages in respect otnonjournalist 20 paper employees 1113dd (1) notwithstanding anything contained in this act, where the central government is of opinion that the board constituted under section l3c for the purpose of fixing of revising raies of w- ia respect of non-journalist newspaper employees under this act has not been able to function (for any reason whatsoever) effectively, and in the circumstances, it is necessary so to do, it may, by notification in the official gazette, constitute a tribunal, which shall consist of a person who is, or has been, a judge of a high court or the supreme court, for the purpose of fixing or revising rates of wages in respect of non-journalist newspaper employees under this act (2) the provisions of sections 10 to 13a shall apply to, and in relation to, the tribunal constituted under sub-section (1) of this section, the central government and non-journalist newspaper employees, subject to the modifications that-(a) the references to the board and working journalists therein, wherever they occur, shall be construed respectively as references to the tribunal and to non~ournalist newspaper employees; 30 (b) in sub-section (3)0,£ section 11,-3s (i) the reference to the office of chairman or any other member of the board shall be construed as a reference to the office of the person constituting the tribunal; and (ii) the reference to section 9 shall be construed as a reference to sub-section (1) oil this section; and (c) the references in section 13 and section 13a to section 12 shall be construed as references to section 12 read with this section (3) the tribunal, in discharging its functions under t~s act, may act on the evidence recorded by the wage board or partly recorded by the wage board and partly recorded by itself: 4s provided that if the tribunal is of opinion that further examination o~ any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may re-summon any inch witness, and after such further examination, cross-examination and re-examination, if any, as it may permit, the witness shall be discharged, (4) on the constitution of a tribunal under sub-section (1), the board constituted under section 13c and functioning itnmedlafely before such constitution shall cease to exist and the members constituting that board shall be deemed to have vacated their omeei: provided that any interim rates of wages fixed by the central 5 government under section 13a read with section 13d in respect 'of non-journalist newspaper employees and in force immediately before the constitution of the tribunal shall remain in force until the order of the central government under section 12 read with this section comes into operation" 10 amerdm,etlt of iiectioa 19 5 in section 19 of the principal act, after the words "member of the board", the words "or the person constituting the tribunal" shall bf! inserted ameddmed,tof llec:tion 20 t in section 20 o~ the principal act, in clause (d) of sub-tloa(2), after the word "board", the wer&; "or, as the cue may be, the ~al," 1'5 shall be inserted ',~ 3 of 1979 7 (1) the working journalists and otmr newspaper bployees (conditions of service) and miscellaneous provisions (antenc!ment) ordinance, 1979 is hereby repealed (2) notwithstanding such repeal, anything done or any action faken 20 under the principal act as amended by the said ordil'llriae shall be deetned to have been done or taken under the principal ad as adl8'l1ded by this act  statement of objects and reasonsthe central government constituted, under the working journalists and other newspaper empl10yees (conditions of service) and miscellaneous provisions act, 1955, two wage boards, one for non-journalist new~ paper employees and the other for working journalists, on the 11th june, 1975 and 6th february, 1976 respectively on the 1st april, 1977, the central government, on the recommendations of the wage boards, notified interhn wage rates for these employees under section 13a, read with section 13d, of the act soon after this, some newspaper managements filed writ petitions in various high courts challenging the 'fixation c1l interim wage rates on various grounds the constitution of the wage boards was also challenged ori the ground that the two independent member9 on the wage boards were not really independent later, in december 1977, the employees' representatives wrote to the central government that they were withdrawing from the wage boards because their respective organisations desired them to do so under the circumstances, further sittings of the wage boards had to be po9tponed 2 the government made several efforts to resolve the deadloot 'l'tie employees' representatives put forward some concrete propoi8clsfor ending the li'talemate, but these proposals were not acceptable to the employers' oarganisations no other alternative proposals acceptable to both sides and within the framework of existing boards and theact under which the boards have been set up, emerged the wage boards were therefore advised to proceed with their work on 28th august, 1978 writ petitim1s were flied by the indian and eastern newspaper society and others in the high court at bombay, challenging the emstitutioll of the wage boards and praying that the members of the wage boards (other than the employers' representatives) be restrained from hoidid&' or proceeding with any meetings of the wage boards an interim injunction order was passed by the bombay high cow-t on 9th september, 1978 allowing the prayer of the petitioners this was confirmed on 10th october, 1m around thi9 time, the employers' representatives on the two wage boards sent in their resignations to the government as a result, the wage boards could not proceed with their work 3 ai; no other solution except making alternative arrangements for dispgsal of the work entrusted to the boards could be found and as it became urgently necessary to make such alternative arrangements so as to secure speedily just conditions of work to non-journalist newspaper empl<1yee8 and working journalists, the president promulgated on the 31st january, 1979 the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions (amendment)' ordinance, 1979 this ordinance provided for the constitution of a tribunal consisting of a person who is or has been a judge of a high court or the supreme court in place of each such board and the abolition of such boards upon the constitution of such tribunals and for the continuance of the interim wages notified by the government after taking into account the recommendations of 9uch boards the ordinance also empowered each tribunal to regulate its own procedure and to act in its discretion on the evidence recorded by the board in place of which such tribunal had been created 4 the present bill seeks to replace the aforesaid ordinance nilw ddm; the 14th febrl/4'11l, 1979 ravlndra varma , clause 3 of the bill seeks to insert a new section 13aa, w bile clause 4 of the bill seeks to insert a new section 130d in chapter iia of the principal act sub-section (1) of the said new section 13aa provides for the constitution of a tribunal for fixing or revising rates of wages in respect of working journalists, while sub-section (1) of the other new section 13do provides for the constitution of a tribunal for fixing or revising rates of wages in respect of non-journalist newspaper employees the expenditure that will be involved as a result of the constitution of the tribunal aforesaid would depend upon the periods for which such tribunals may have to function, the number of witnesses that such tribunals may call and the travelling allowances that will have to be paid to irlch witnesses, the staff that, may be employed for assisting such tribunals, etc as a matter of economy, the same person has been appointed to both the tribunals constituted under the relevant provisions of the ordinance which the bill seeks to replace it is estimated that the non-recurring expenditure, which may be involved with respect to both the tribunals, would be of the order of about rs 1 lakh and that the expenditure on salaries, allowances and other items of recurring expenditure would be about rs 2 lakhs for one year if the tribunals complete their work in less than a year, there will be a corresponding reducuon in the expenditure on recurring items and if the tribunals continue for a period longer than one year, there will be a corresponding increase in such expenditure it is estimated that expendi"-ture as aforesaid will also be incurred as and when similar tribunals are set up in future it may also be mentioned that in view of the fact that a tribunal can be constituted only in place of a wage board, whenever a tribunal is con9tituted, the wage board concerned will stand abolished and there would, therefore, be a corresponding reduction in expenditure the bill does not involve any other expenditure of a recurring or nontecurring nature   memorandum regarding delegated legislationclause 6 of the bill seeks to amend sub-section (2) of section 20 of the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955, to empower the central government to make rules to regulate the procedure to be followed by the tribunal constituted under new section 13aa or section 13dd the central government has already been empowere-d to make rules to regulate the procedure to be followed by the wage board constituted under section 9 or section 13c the power of making rules will be confined to matters of procedure 2 the delegation of legislative power is, therefore, of a nonna! character  j  :  empiloyimls (conditions of smvice) and mlllcellanbous pliovisions aer, 1955' (45 of 1955) - - - - - z in this act, unless the context otherwise requires,-- - - - -  chapi'er ii              working journalists -            -                       -                                   -                                              -  chapter ii-a inon-journalist newspaper employees - - - - -  chapter iv                  m!scellanidous -             -                          -                                      -                                                   - indemnity 19 no suit, prosecution or other legal proceeding shall lie against the chairman or any other member of the board or an inspector appointed under this act for any thing which is in good faith done or intended to be done ~ - - - - - 20 (1) -  - - - power to make rules (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any o~ the following matters, namely:-• - - - - (d) tne procedure to be followed by the board in the discharge of its functions under this act; - -  - - a bill further to amend the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 (shri ravindra varm4, minister of parliamentmy affairs and labour) 