Amendment status not verified — confirm the current text below against the official source.
Recommendation by Board.—(1) The Board shall, by notice published in such manner as it thinks fit, call upon newspaper establishments and working journalists and other persons interested in the fixation or revision of rates of wages of working journalists to make such representations as they may think fit as respects the rates of wages which may be fixed or revised under this Act in respect 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 regard to the capacity of the employer to pay the same or to any other circumstance, whichever may seem relevant to the person making the representation in relation to his representation. (3) The Board shall take into account the representations aforesaid, if any, and after examining the materials placed before it make such recommendations as it thinks fit to the Central Government for the fixation or revision of rates of wages in respect of working journalists; and any 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 rates of wages for comparable employment, the circumstances relating to the newspaper industry in different regions of the country and to any other circumstances which to the Board may seem relevant. 3[Explanations.- For the removal of doubts, it is hereby declared that nothing in this sub-section shall prevent the Board from making recommendations for fixation or revision of rates of wages on all India basis,] CASE LAW 1 Subs. by Act 34 of 1996, sec. 2 (w.e.f. 28-9-1996). 2 Subs. by Act 34 of 1996, sec. 2 (w.e.f. 28-9-1996). 3 Added by Act 31 of 1989, sec. 3 (w.e.f. 28-8-1989). The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act, 1955 (i) In view of section 2(d) and explanation to section 10(4) of the Act, the units of an establishment which have branches all over India can be clubbed together for the purposes of fixation of wages on all India basis; Indian Express Newspapers (P.) Ltd. v. Union of India, 1994(6) JT 269 SC 1. (ii) Since all the units of an establishment are not expected to form similarly, uniform pay-scales for the employees of all the units can be prescribed by considering the financial capacity of an all India newspaper establishment as a whole on the basis of the gross revenue and the financial capacity of all the units taken together;. Indian Express Newspapers (P.) Ltd. v. Union of India, AIR 1995 SC 965. (iii) It can not be said that all India newspaper establishments are not liable whatever the financial incapacity of their individual units; Indian Express Newspapers (P.) Ltd, v. Union of India AIR 1995 SC 965.