A working journalist on casual leave shall be entitled to wages as if he was on duty.]
35-A. Manner of giving notice under Sec. 12 of the Act._ Notice required to be given under proviso to Cl.(a) of sub-section (2) of Sec. 12 of the Act shall be in Form “H” and shall be published in the official Gazette and in leading newspapers.
CHAPTER VI Miscellaneous 2[36. Application under Sec. 17 of the Act._ _An application under Sec.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, situated.]
237. Maintenance of registers, record 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 Register 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 muster-roll in Form G. may not be Maintained by the newspaper establishment to which the Minimum Wages Act,1948 and/or the Shops and Commercial Establishments Act of State concerned apply and which are required under those Acts or the rules made there under to maintain such or similar forms.
1 Ins. by S.O. 889(E), dated the 11th November, 1980 , published in the Gazette of India, Extraordinary, Pt.II, Sec.3(i), dated the 12th November, 1980.
2 Subs. by G.S.R. 1320 , dated the 1st August, 1963.
38. Effect of rules and agreements inconsistent with those rules.__ The provisions of these rules shall have 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 benefit in respect of that matter, notwithstanding that he receives benefits in respect of other matters under these rules.
--------------- FORM A Nomination form for payment of gratuity under Sec. 5 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955.
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 distributed among the said persons in the manner shown below against their names:
Name and address of Nominee’s relationship Age of Amount of share Contingencies on the the nominee or with the working nominee of gratuity to be happening of which nominees journalist paid to each the nomination shall nominee become invalid.
1 2 3 4 5 Dated ……………… Signature of the 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 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 Dated: newspaper establishment….
--------------- 1FORM AA Form for payment of gratuity under Sec. 5 of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 in the case of minor 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/Smt………………………………………..son/daughter/wife of ………………………………………………to receive the gratuity in the event of my death during the minority of Shri/Km………………………………….
Signature of Working Journalist Dated:
Certified that the above declaration has been signed by……………………….employed in………………(the name of the newspaper estt. to be given) before me after he has read the entires/the entires 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 Dated: newspaper establishment….
---------------- FORM B Nomination form for payment of gratuity under Sec. 5 of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 I……………………hereby cancel the nomination made by me on the ……………..as 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 become 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 :
1 Ins. by G.S.R. 1320 , dated the 1st August, 1963 Name and address of the nominee or 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 Dated……. Signature of the 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 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 Dated: newspaper establishment….
------------------ 1FORM C Application under sub-sec. (1) of Sec. 17 of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 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 the labour mattetrs)………………………………(here insert the name of the place where the headquarters of the State Government are situated).
Sir, I have to state that I Shri/Smt/Km………………………………son/ widow/ daughter of …………………….a working journalist, was entitled to receive from ……………….(here insert the name and address of the newspaper establishment) a sum of Rs…………… on account of ……………………..(here insert gratuity, wages, etc. as the case may be), payable under the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955(XLV of 1955).
I further state that I was appointed by Shri ………………………..by an instrument, dated ………………….to receive amount of the gratuity on behalf of Shri/Km ……………………………….
I further state that I have 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 Sec. 17 of the said Act, and paid tome as early possible.
1 Ins. by G.S.R. 1320 , dated the 1st August, 1963 *[ I have been duly authorized 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……………………….(here 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].
Station………… Signature of the applicant …..
Dated………. Address……….
*To be struck out when the payment is claimed by the newspaper employee himself.
ANNEXURE [*Here insert the details of the amount claimed] --------------------------- 1FORM D Register of Employees See rule 37(i) Name of Establishment…………… Place………… Total number of Working Journalists employed Date as on 1st of Total number of Category Number employed Number who are in Number who are not every month employees receipt of wages in being paid in accordance accordance with with Central Govt.’s Central Govt.’s order and reasons Order. Thereof.
1 2 3 4 5 6 Names of working journalists who have resigned, retired, etc.
Name Designation Whether retired, Total amount Resigned, etc. and the paid as gratuity Date of retirement, and the date of Resignation, etc. payment made 7 8 9 10 1FORM E 1 Ins. by G.S.R. 1320 , dated the 1st August, 1963 Service Register See rule 37(i)
(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 employee…………….
Name of Scale of pay Whether : Emolument drawn Period Post held of the post (i) apprentice; ----------------------- --------------------- ----
(ii) part-time; Pay Other emolu- From To
(iii) permanent ments
(iv) probationer;
(v) temporary;
1 2 3 4 5 6 7 Signature of working Signature of the employer Reference to any recorded Journalist or any other officer of the increment, reward of appreciation Establishment of the working journalist 8 9 10 1FORM F [See rule 37(iii0] Name of establishment………………………………. Place……………… Name and designation of the working journalist…………………. Calendar year of service…..
Duty Earned Leave From To Balance of leave Due Availed Balance From preceding ----------------------- Year From To 1 2 3 4 5 6 7 1 Ins. by G.S.R. 1320 , dated the 1st August, 1963 Leave on medical certificate Availed Due ------------------------- Balance Category of leave From To 8 9 10 11 12 Due Other kinds of leave availed Remarks --------------------------------- From To Balance 13 14 15 16 17 1FORM G Muster Roll [See rule 37(iv)] Name of Establishment…………………….. Place……………….
Serial Name of the working Designation Time at which Rest intervals No. journalist work ---------------------------- Commenced Ceased 1 2 3 4 5 6 Working hours Total hours Overtime hours Rest hours Remarks For the period worked in worked for per- allowed in lieu of Ending……. Consecutive iod ending. the overtime hours
1.2.3.-31 period of 4 1.2.3.-31 worked as in col. 9 ---------- weeks ----------- -----------------------
1.2.3.-31 7 8 9 10 11 ****** 1 Ins. by G.S.R. 1320 , dated the 1st August, 1963 2FORM H Form of notice to be given under the proviso to Cl. (a) of sub-section (2) of Sec. 12 of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955.
(Rule 35-A) 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, which in its opinion effect important alterations in the character of the said recommendations;
Now therefore, in pursuance of the proviso to Cl. (a) of sub-section (7) of Sec. 12 of the Working Journalists 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 modifications to make their representation in writing within a period of thirty days from the publication of this notice.
Proposed modifications.
********** 2 Ins by S.O. 889(E), dated the 11th November, 1980, published in the Gazette of India, Extraordinary, Pt.II, Sec.
3(i)dated the 12th November, 1980