Amendment status not verified — confirm the current text below against the official source.
Power of Government to fix interim rates of wages.— (1) Notwithstanding anything contained in this Act, where the Central Government is of opinion that it is necessary so to do, it may, after consultation with the Board, by notification in the Official Gazette, fix interim rates of wages in respect of working journalists. (2) Any interim rates of wages so fixed shall be binding on all employers in relation to newspaper establishments and every working journalist shall be entitled to be paid wages at a rate which shall, in no case, be less than the interim rates of wages fixed under sub-section (1). The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act, 1955 (3) Any interim rates of wages fixed under sub-section (1) shall remain in force until the order of the Central Government under section 12 comes into operation.] Case Law Since the fixing of interim wages is in no way a final decision as to fixation of rates of wages, the parties concerned can make further and effective representation to the Wage Board which makes, after due consideration, fresh recommendations to the Central Government for acceptance. Hence, the procedure prescribed under section 12 of the Act making it incumbent on the Central Government to give hearing lo the parties affected or serve notice before or at the stage of fixation of interim wages, is certainly not applicable to section 13A; Ananda Bazar Patrika Ltd. v. Union of India, 1989 74 FJR 401. 1[13AA. Constitution of Tribunal for fixing or revising rates of wages in respect of working journalists.—(1) Notwithstanding anything contained in this Act, where the Central Government is of opinion that the Board constituted under section 9 for the purpose of fixing or revising rates of wages in respect of working journalists 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 working journalists 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 working journalists, subject to the modifications that— (a) the references to the Board therein, wherever they occur, shall be construed as references to the Tribunal; (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 office of the person constituting the Tribunal; and 1 Ins. by Act 6 of 1979, sec. 3 (w.e.f. 31-1-1979). The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act, 1955 (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 section. (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 if the Tribunal is of opinion that further examination 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, the witness shall 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 offices: 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 the order of the Central Government under section 12 read with this section comes into operation.] 1[CHAPTER IIA NON-JOURNALIST NEWSPAPER EMPLOYEES 13B.Fixation or revision of rates of wages of non-journalist newspaper employees.—(1) The Central Government may, in the manner hereinafter provided,— (a) fix rates of wages in respect of non-journalist newspaper employees; and (b) revise, from time to time, at such intervals as it may think fit, the rates of wages fixed under this section. 1 Ins. by Act 60 of 1974, sec. 4 (w.e.f., 21-12-1974). The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act, 1955 (2) The rates of wages may be fixed or revised by the Central Government in respect of non-journalist newspaper employees for time work and for piece work.