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act 045 of 1955 : Working Journalists Wage Board Rules, 1956

Working Journalists Wage Board Rules, 1956

ACTNO. 45 OF 1955
07 June, 1958

In exercise of the powers conferred by Section 20 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), the Central Government hereby makes the following rules, namely:

Section 1. Short title and extent

(1) These rules may be called the Working Journalists Wage Board Rules, 1956.

(2) They extend to the whole of India 2[* * *].

Section 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) Chairman means the Chairman of the Board; and

(c) Member means a member of the Board.

Section 3. Meetings

The Board shall, subject to the provisions of Rule 4, meet at such date, time and place as may be appointed by the Chairman from time to time:

Provided that on a requisition in writing signed by not less than three members, the Chairman shall, within fifteen days from the date of receipt of such requisition, call a meeting of the Board.

Section 4. Notice of meetings

Not less than ten days before the date fixed for every ordinary meeting of the Board, a notice containing the date, time and place of the meeting, together with a list of business to be conducted at the meeting, shall be sent to every member, by registered post, by the Secretary to the Board or by any other officer authorised by the Chairman in this behalf:

Provided that when the Chairman calls a meeting for considering any matter which in his opinion is urgent, a notice of five days from the date of its issue shall be sufficient.

Section 5. Chairman to preside at meetings

The Chairman shall preside at every meeting of the Board.

Section 6. Quorum

(1) No business shall be transacted at any meeting of the Board unless at least four members are present.

(2) If at any meeting the number of members is less than the quorum the Chairman shall adjourn the meeting to a date not later than five days from the date of the original meeting, informing the members of the date, time and place of the adjourned meeting and it shall thereupon be lawful to dispose of the business at such adjourned meeting irrespective of the number of members present at the meeting:

Provided that at such an adjourned meeting only such business shall be transacted as was originally proposed to be transacted at the meeting which had to be adjourned for lack of quorum.

Section 7. Proceedings before the Board

The proceedings before the Board shall ordinarily be open to the public:

Provided that the Board may at any stage direct that any witness shall be examined, or its proceedings shall be held, in camera.

Section 8. Disposal of business

Every question considered at a meeting of the Board shall be decided by a majority of the votes of the members present and voting. In the event of equality of votes, the Chairman shall have a casting vote:

Provided that the Chairman may, if he thinks fit, direct that any matter shall be decided by circulation of the necessary papers to the members present in India and by securing their opinion in writing:

Provided further that no decision on any matter under preceding proviso shall be taken unless it is supported by not less than two-thirds majority of the total members.

Section 9. Minutes of the proceedings

(1) The minutes of a meeting of the Board shall be recorded and a copy of the minutes shall be sent to each member by the Chairman.

(2) The Chairman may correct any clerical error or mistake in any order or decision made by the Board.

Section 10. Signing of the report

The decision of the Board fixing rates of wages shall be signed by all the members of the Board whether present at its meetings or not but no such decision shall be invalidated merely for want of any such signature.

3[10-A. Board to give opportunity of hearing a person making representation. The Board shall, before making any recommendations to the Central Government, give an opportunity of being heard to every person who has made a representation to the Board, if he makes a request in writing to be heard:

Provided that if the Board is of opinion, having regard to the nature of the representations or the interests involved or any other relevant circumstances that it is expedient so to do, the Board may, instead of hearing individually every person who makes such a request, hear only such persons as in its opinion are sufficiently representative of any class or group of persons involved.]

Section 11. Summoning of witnesses and production of documents

4[(1) The Board may issue summons to persons whose attendance is required either to give evidence or to produce documents.

(2) Every summons issued by the Board shall be in duplicate and signed by its Secretary, or by such other person as the Chairman of the Board empowers in this behalf; and it shall specify the time and place at which the person summoned is required to attend and also whether his attendance is required for the purpose of giving evidence or to produce a document, or for both purposes.

(3) A person may be summoned to produce a document without being summoned to give evidence; and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same.

(4) A summons to produce documents may be for the production of specified documents or for the production of all documents of a certain description in the possession or power of the person summoned.

(5) Every summons shall be served by sending it by post to the person for whom it is intended or in such other manner as the Board may direct.

(6) The provisions of this rule shall apply, as far as may be, to every other process issued by the Board.]

Section 12. Expenses of witnesses

5[Every person who is summoned and appears before the Board shall be paid by the Board such sum of money as appears to the Chairman to be sufficient to defray the travelling and other expenses incurred by the person so summoned in passing to and from the place where he is required to attend.]

Section 13. Resignation

(1) The Chairman or any member may at any time by writing under his hand addressed to the Central Government resign his office or membership, as the case may be. The seat held by the Chairman or the member, as the case may be, shall be deemed to have fallen vacant with effect from the date the resignation of the Chairman or the member is accepted by the Central Government.

(2) When a vacancy arises in the office of the Chairman or in the membership of the Board, the Central Government shall take immediate steps to fill the vacancy in accordance with the Act and the proceedings may be continued before the Board so reconstituted from the stage at which the vacancy is so filled.

Section 14. Absence from three consecutive meetings

If a member of the Board remains absent from three consecutive meetings (not including adjourned meetings) without the permission of the Board, the Chairman shall inform the Central Government. The Central Government thereupon may declare the seat held by the said member as having fallen vacant and take steps to fill the vacancy so caused as if such member has resigned his membership.

Section 15. Acts of the Board not invalid by reason of defect in its constitution etc

No act or proceeding of the Board shall be deemed to be invalid by reason merely of any vacancy in, or any defect in the constitution of the Board.

Section 16. Fee for inspection of a representation or document

6[Every application by a person interested in the inspection of any representation made to the Board or any document furnished to it, shall be made in writing to the Secretary to the Board, and shall be accompanied by a fee of Rs. 10 and such inspection shall be made in the presence and under the supervision of the Secretary or any one of his subordinate officers.

Section 17. Manner in which notices by the Central Government may be published

Every notice given by the Central Government under sub-section (2) of Section 12 of the Act shall be published

(a) in the Gazette of India and in the Official Gazette of the State or of each of the States concerned; and

(b) in at least two important newspapers circulating in the State or each of the States, as the case may be, one of the newspapers being in English and the other or others being in the regional language or languages of the State or States concerned.]

1. Vide S.R.O. 1769, dt. 30-7-1956, published in the Gazette of India, 1956, Pt. II, S. 3, p. 1346.

2. The words except the State of Jammu and Kashmir by G.S.R. 1489, dt. 1-9-1971 (w.e.f. 1-9-1971).

3. Ins. by G.S.R. 296, dt. 6-2-1963.

4. Subs. by G.S.R. 296, dt. 6-2-1963.

5. Subs. by S.R.O. 2136, dt. 17-9-1956.

6. Subs. by G.S.R. 296, dt. 6-2-1963.