Union of India - Act
The Working Journalists (Conditions Of Service) And Miscellaneous Provisions Rules, 1957
UNION OF INDIA
India
India
The Working Journalists (Conditions Of Service) And Miscellaneous Provisions Rules, 1957
Rule THE-WORKING-JOURNALISTS-CONDITIONS-OF-SERVICE-AND-MISCELLANEOUS-PROVISIONS-RULES-1957 of 1957
- Published on 23 May 1957
- Commenced on 23 May 1957
- [This is the version of this document from 23 May 1957.]
- [Note: The original publication document is not available and this content could not be verified.]
1089.
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:-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,-
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-
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 his death before the amount has become payable or, 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.]
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 editors, etc .-(1) The provisions of this Chapter shall not apply to editors, or to correspondents, reporters or news-photographers.
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 a 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 establishment and working journalist 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 he had an interval of rest, in the case of day shift for one hour, and in the case of night 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 half hours in the case of a night shift he 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 fourteen 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 twenty-four 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 twelve 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 ten 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 thirty 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.
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.
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 eleven months spent on duty:
Provided that he shall cease to earn such leave when the earned leave due amounts to ninety days.26. Wages during earned leave .-A working journalist on earned leave shall draw wages equal to his average monthly wages earned during the period of twelve complete months spent on duty, or if the period is less than twelve 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 upto a maximum of thirty 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 refused:Provided further that in the case of a working journalist who dies while in service and who has not availed himself of the earned leave due to him immediately preceding the date of his death, his heirs shall be entitled to cash compensation for the leave not so availed of.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 eighteen months of service:
Provided that he shall cease to earn such leave when the leave on medical certificate amounts to ninety days.29. Maternity leave .-(1) A female working journalist who has put in not less than one year's service in the newspaper establishment in which she is for the time being employed shall be granted maternity leave on full wages for a period which may extend up to three months from the date of its commencement or six weeks from the date of confinement whichever be earlier.
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 twenty-one days, or, in exceptional circumstances, thirty 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 fifteen 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.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
[35-A. Manner of giving notice under section 12 of the Act.-Notice required to be given under proviso to clause (a) of sub-section (2) of section 12 of the Act shall be 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:-
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 such rule, 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 benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under these rules.FORM ANomination form for payment of gratuity under Section 5 of theWorking Journalists(Conditions of Service) and MiscellaneousProvisions Act, 1955.[See rule 5(1)]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 .
9. Permanent address :
Village Thana District . State ..I 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 become payable, or having become payable has not been paid and direct that the said amount shall be distributedamong the said persons in the manner shown below against their names:| Name and address of nominee of 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. |
| Signature of witness | (1)Designation |
| Dated . | (2)Name and address of the newspaper establishment |
| Signature of witness | (1)Designation |
| Dated . | (2)Name and address of the newspaper establishment |
| Name and address of nominee of 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 |
| Signature of witness | (1)Designation |
| Dated . | (2)Name and address of the newspaper establishment |
| Date as on 1stof every month | Total number of employees | Total number of working journalists employed | Name of working journalists who have resigned, retired, etc. | ||||||
| Category | Number employed in accordance with Central Govt's Order | Number who are in receipt of wages accordance with Central Govt's order and reasons therefore | Number who are not being paid in | Name | Designation | Whether retired, resigned, etc. & 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) |
| (1)Name of working journalist . | (7) Dated of termination of employment, resignation, retirement or death |
| (2)Native place . | (8) Reasons for termination |
| (3)Father's name and residence | (9) Personal marks of identification . |
| (4)Date of birth . | (10) Signature of the working journalist . |
| (5)Educational and other Qualifications | (11) Signature with date and designation of the employer . |
| (6)Date of first appointment and nature of job .. |
| Name of post held | Scale of pay of the post | Whether(i)Apprentice;(ii)Part-time;(iii)Permanent;(iv)Probationer;(v)Temporary. | Emoluments 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 | From | To | ||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) |
| 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 | ||||||||||||
| From | To | Balance of leave from preceding year | Due | Availed_______ | Balance | Due | From | To | Balance | Category of leave | Due | Availed_________ | Balance | |||
| From | To | From | To | |||||||||||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) | (12) | (13) | (14) | (15) | (16) | (17) |
| | | | | | | | | | | | | | | | | | | |
| 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 4 weeks | Overtime hours worked for the period ending1.2.3 ..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 |
| | | | | | | | | | | | | |