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The right to information act
The right to information act
The right to information act
The right to information act
The right to information act
The right to information act
The right to information act
The right to information act
The right to information act
The right to information act
The right to information act
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The right to information act

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  • 1. THE RIGHT TO INFORMATION ACT, 2005 No. 22 of 2005 [15th June, 2005] An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto. Whereas the Constitution of India has established democratic Republic; And whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed; And whereas revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information; And whereas it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal; Now, therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it.Parliamentary Procedures of India – Part 1Thangai VS AnnanDear Indian Civil Services Aspirants,This Article on the Parliamentary Procedures of India will be of immense use for your preparation to the Civil Services Exams and subsequentpersonality test. Best wishes for your success. Go ahead:Parliamentary procedure, often used interchangeably with “parliamentary law,” is more correctly defined as parliamentary law in combination with therules of order that a given assembly or organization has adopted.Parliamentary law is:1. rules of the game of democracy.2. rules that govern procedures by which civil and criminal laws are made and adopted.3. rules and customs that govern deliberative and decision-making assemblies and organizations.PrinciplesParliamentary law is based upon1. the will of the majority;2. the right of the minority to be heard;3. protection of the rights of absentees;4. courtesy and justice for all; and
  • 2. 5. consideration of one subject at a time.Rules of Procedure and Conduct of Business in the Rajya Sabha contain various procedural devices to enable members to raise matters of publicimportance on the floor of the House. By conventions and practices some other devices have also developed without having any specific sanction of therule book.According to the Constitution of India, the union legislative body is called the Parliament. Also called as Sansad in Hindi, the Parliament includes thePresident and the two Houses – the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). This kind of system, with two Houses, iscalled a bicameral legislature.Rajya Sabha:The Upper House of Parliament is the Rajya Sabha (Council of States). It has a maximum of 250 members, out of which 12 members are nominated bythe President for their expertise in specific fields of art, literature, science, and social services. The remaining 238 members are elected by the Statesand Union Territories.Every member serves for a term of six years. At the end of two years, one third of its members retire. The Rajya Sabha is a permanent body and unlikethe Lok Sabha, it cannot be dissolved at any time. Both Houses have equal legislative powers. But in the area of finance the Lok Sabha is givenoverriding powers. The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. A Deputy Chairman is however elected from among itsmembers, who take care of the day-to-day working of the House.Lok Sabha:The Lok Sabha (House of the People) is the Lower House of the Parliament. The members are directly elected by the people of the country. Eligiblecandidates are all citizens who have attained 18 years of age and are otherwise not disqualified to vote under the law. The maximum strength of theLok Sabha can be 552 members. While up to 530 members can represent territorial constituencies in the states, up to 20 members would represent theUnion Territories, and two members would be appointed by the President to represent the Anglo-Indian community if there is inadequate representationof the community. The minimum age for qualification as a member of the Lok Sabha is 25 years. Each Lok Sabha is formed for a period of five years, atthe end of which the House is dissolved. The House can be dissolved before the completion of the term or it can be extended by a Proclamation ofEmergency. The period of extension cannot exceed one year at a time. A Speaker and a Deputy Speaker, elected by the members of the Lok Sabha,conduct day-to-day business. The Deputy Speaker presides during the absence of the Speaker.Government of IndiaThe formal, constitutional head of Republic of India is the President. Once the Lok Sabha elections are over, the President invites the leader of the partyor parties with the majority of votes in the Lok Sabha, to form the Government. The President appoints the leader of the majority party as the PrimeMinister and on the advice of the Prime Minister appoints other ministers. The ministers can be chosen from both Houses of Parliament.The political power is vested with the Prime Minister and his team of ministers. The Council of Ministers constitutes the Government of India and thegovernment is headed by the Prime Minister. The Council of Ministers, headed by the Prime Minister, is responsible for the governance of the countryand is collectively responsible to the Lok Sabha. If the Lok Sabha passes a motion of no-confidence against the Council of Ministers, they are underconstitutional obligation to resign. As the leader of the majority, the Prime Minister is also the Leader of the House. He has to perform certainparliamentary functions like proposing dates of calling the House in session to the Speaker and drawing up programme of the official business.The leader of the largest party in opposition in each House is designated as the Leader of the Opposition.Functions of ParliamentWhere India is concerned, the members of the Parliament also belong to the Council of Ministers. There is an overlap of the legislative and executivefunctions for several members. For those members who are part of the Council of Ministers, there is an additional responsibility of the executive ascompared to those who are not in the Council of Ministers.The broad functions of Parliament can be described as follows:1. Legislative: To pass laws2. Supervisory: To ensure that the executive (i.e. government) performs its duties satisfactorily.3. Representative: To represent the views and aspirations of the voters in Parliament.4. “Power of the Purse”: To approve and oversee the revenues and expenditures proposed by the governmentPresident’s roleThe President is directly elected by an electoral college that includes elected members of both Houses of Parliament and the elected members of the
  • 3. Legislative Assemblies of the States. The President performs certain constitutional functions:1. He summons the two Houses of Parliament to meet from time to time.2. He has the power to discontinue a session in the two Houses and dissolve the Lok Sabha.3. The President has to agree to sign a Bill before it can become a law.4. If the Houses are not in session, the President can enact or promulgate Ordinances having the same validity as a law passed in Parliament.5. The President has the power to appoint Speaker of the Lok Sabha and the Chairman of Rajya Sabha on an interim basis.6. The President has the right to address either or both Houses of Parliament.7. The President has the power to call both Houses for a joint sitting in case a dispute arises over passing a Bill. In the joint sitting, the matter isdecided by majority vote.8. He nominates 12 members of the Rajya Sabha and has the right to nominate two members from the Anglo Indian community to the Lok Sabha ifthey are under-represented.9. He invites the leader of the majority party to form the Government after a new Lok Sabha is duly elected.Special powers of Rajya Sabha1. Rajya Sabha can declare that it would be in the national interest for the Parliament to make laws on any subject in the State List ; and2. Rajya Sabha is empowered to make laws creating one or more All India Services, which would be common to the Union and State, if it is deemed toserve the national interest.3. The services such as the Indian Administrative Service, Indian Police Service, and All-India Judicial Service are part of the All India Services.Qualifications and disqualifications for being a Member of ParliamentTo be qualified to become a Member of Parliament a person must be:1. a citizen of India;2. not less than 30 years of age in the case of the Rajya Sabha3. not less than 25 years in the case of the Lok Sabha; and4. a voter for any parliamentary constituency in India, (in the case of the Rajya Sabha a candidate must be registered as an elector in the State orUnion Territory from where he is to be chosen).There are, however, certain disqualifications for becoming a member. A person would be ineligible for being a member of either House of Parliament ifthe person:1. holds any office of profit under the government other than an office declared by Parliament by law not to disqualify its holder;2. is of unsound mind;3. is an un-discharged insolvent;4. has ceased to be a citizen of India;5. is so disqualified by any law made by Parliament;6. is so disqualified on the ground of defectionBesides, certain laws enumerate further disqualifications. Also a person should not have been convicted or punished, among other things,1. for promoting enmity between different groups or convicted for the offence of bribery2. for preaching and practising social crimes such as untouchability, dowry, sati,If he has been punished or convicted because of the above charges, he will be disqualified from being chosen as a member. There are alsodisqualifications on the ground that the person is convicted for an offence and sentenced to imprisonment; and for a government servant dismissed forcorruption or for disloyalty to the State.Definition of a BillThe Parliament or the central legislative (or law making) body has as one of its primary functions that of making laws. Any legislative proposal can bebrought before the Parliament. The draft of a legislative proposal is known as a Bill. For a Bill, whether it is introduced by the Government or a privatemember, to become law or Act of Parliament it should receive the approval of the President of India.Types of the Parliamentary BillsBroadly, there are two types of Bills:1. Government Bills: Any Bill initiated by the government is a Government Bill.2. Private Members’ Bills: If the Bill is sponsored by any private member (a member who is not part of the Council of Ministers is referred to as aprivate member) in either House of Parliament, it is known as a Private Members’ Bill.Although most laws are made through Government Bills, the Private Members’ Bill serves the purpose of highlighting any changes needed in theexisting law or the need for a particular legislation.
  • 4. Bills may be further classified on the basis of their content.1. Ordinary Bills: Any Bill which is not a Constitution Amendment Bill or a Money Bill is classified as an Ordinary Bill.a. Original Bills (embodying new proposals, ideas or policies),b. Amending Bills (to modify, amend or revise existing Acts),c. Consolidating Bills (to consolidate existing law on a particular subject),d. Expiring Laws (Continuance) Bills (to continue an expiring Act), ande. Bills to replace Ordinances issued by the President.2. Money and Financial Bills: Money and Financial Bills are treated separately from these Bills, because of their special features.3. The Constitution (Amendment) Bills: These refer to Bills that seek to amend the Constitution of IndiaDrafting of a Parliamentary BillThe legislative proposal or the Bill should be drafted by the concerned ministry after weighing the various political, administrative, financial, legal andconstitutional implications. This is done after consultation of the other ministries or State governments. Advice is also sought from the Ministry of Law,the Attorney General of India, and other interest groups. The Ministry, then, prepares a proposal and examines it thoroughly before submitting it to theCabinet. Once the Cabinet approves the proposal, it is given the shape of a Bill to be brought before the House.Passage of an Ordinary Bill in ParliamentA Bill goes through three readings in both Houses before it becomes an Act.First Reading: During the First Reading, the Bill is introduced by the minister in-charge after the Speaker grants permission to do so. The Bill is thenpublished in the Gazette of India. If the Bill has already been published in the Gazette with the Speaker’s assent, the stage of introducing the Bill in theHouse can be bypassed.Second Reading: The Second Reading is the most vital stage for the Bill because it is scrutinized thoroughly during this period. This Reading is dividedin two stages.First Stage in Second Reading:Initially, only the principles of the Bill are discussed. There is no in-depth discussion about the details of the Bill. The Bill may be• referred to a Select Committee of Lok Sabha,• to a Joint Committee of the Houses with the concurrence of Rajya Sabha and/or• It may be circulated for the purposes of eliciting opinion. These committees are appointed on a temporary basis in order to consider particular Billsreferred to them.At this time, either of the two Houses might refer the Bill to Departmentally Related Joint Standing Committee of both Houses. This Committee alsoconsiders the Bill clause by clause and its members can move amendments to various clauses. The Committee can also take evidence of experts,associations or public bodies who are interested in the subject. After each clause and schedule have been considered and adopted by the Committee,the Lok Sabha Secretariat prepares a report. This report is presented to the House for its consideration.Eliciting Opinion:The Parliament may pass a motion that a Bill should be circulated to elicit the opinions of local bodies, associations, individuals or institutions. In such acase, the Secretariat of the House circulates letters to all the state governments and Union Territories asking them to publish the Bill in their respectivelocal Gazettes. The period for eliciting opinion is generally mentioned in the motion. If no mention is made, the State governments have to send theopinions within three months of adopting the motion. The opinions are then tabled in Parliament. The Bill again passes through the Committee stage. Atthis point, the House can debate on the Bill as reported by the Committee. The debate is confined to the Bill as reported by the Committee.The Second Stage: After the House decides to debate the Bill as reported by the Committee, the members discuss each clause of the Bill separately.They can also amend the clauses. This is a long process where each clause and amendment is discussed, adopted or rejected by the House. If anAmendment is accepted, it becomes a part of the Bill.Third Reading: At this stage, the Bill is discussed solely to determine whether to approve or reject it. Only certain verbal, formal and consequentialamendments are allowed to be moved at this stage. In order to pass an Ordinary Bill, the simple majority of members present and voting is required.Once the Bill has been approved by the originating House, it is sent to the other House. It goes through all the three stages again. In case a Bill ispassed by the originating House but rejected by the other House, the President has the power to call a joint sitting of the two Houses. The decision to
  • 5. accept or reject a Bill is taken by the majority of the total number of members of both Houses present and voting.After both Houses of Parliament passes a Bill, it is presented to the President for his assent. If the President does not agree to sign the Bill, it isrejected. However, the President generally acts on the advice of the Council of Ministers, so he generally does not withhold consent against the adviceof the ministers. He has the right to seek information and clarification about the Bill. If the President gives his assent, the Bill becomes an Act.Money BillAccording to the Constitution of India, a Bill is considered to be a Money Bill if it contains only provisions dealing with all or any of the following matters,namely:(a) the imposition, abolition, remission, alteration or regulation of any tax;(b) the regulation of money borrowed by the Government of India or any guarantee given by the Government of India. The Bill can also consideramendment of the law with respect to any financial obligations undertaken or to be undertaken by the Government of India;(c) the custody of the Consolidated Fund or the Contingency Fund of India , the payment of moneys into or the withdrawal of moneys from any suchFund;(d) the appropriation of moneys out of the Consolidated Fund of India;(e) the declaring of a new item to be expenditure charged on the Consolidated Fund of India. Also, if there is any increase in the amount of any suchexpenditure;(f) the receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or the issue of such money or theaudit of the accounts of the Union or of a State; or(g) any matter incidental to any of the matters specified in sub-clauses (a) (f)Only on the recommendation of the President, the Money Bill can only be introduced in the Lok Sabha. Also, the Speaker of the House has the finalauthority to decide whether a Bill is a Money Bill or not. A Money Bill cannot be introduced in Rajya Sabha nor can it be referred to a Joint Committee ofHouses or be considered at a Joint Sitting of the two Houses.After being passed in the Lok Sabha, the Bill is sent to the Rajya Sabha. The Rajya Sabha may not amend Money Bills but can recommendamendments. A Money Bill should be returned to the Lok Sabha within 14 days or the Bill is deemed to have passed both Houses in the form it wasoriginally passed by the Lok Sabha. The Lok Sabha has the discretion to accept or reject the recommended Amendments made by the Rajya Sabha. ThePresident does not have the power to return a Money Bill for reconsideration unlike an Ordinary Bill.Financial BillAny Bills relating to revenue or expenditure is a Financial Bill. Those Bills which make provisions for any of the matters specified in the Money Bills butdo not contain solely those matters are known as Financial Bills. For e.g. a Bill contains taxation clause, but does not deal solely with taxation. FinancialBill also includes matters involving expenditure from the Consolidated Fund.Differences between a Money Bill and a Financial Bill1. All Financial Bills are not Money Bills.2. A Financial Bill is considered to be a Money Bill solely when it contains matters specified in the Constitution for a Money Bill.3. Only those Financial Bills would be considered as Money Bills, which are certified by the Speaker.4. A Financial Bill, which contains any matters specified for a Money Bill but does not deal exclusively with such matters, has two features in commonwith a Money Bill:5. It cannot be introduced in the Rajya Sabha6. It cannot be introduced except on the recommendation of the President.7. But, if the Bill is not classified as a Money Bill, the Rajya Sabha has full powers to reject or amend it as it does in the case of Ordinary Bill. In case ofdisagreement over a Bill between the Houses, the President can call for a joint sitting to resolve the deadlock.8. A Financial Bill, which involves expenditure from the Consolidated Fund of India, is treated in the same manner as an Ordinary Bill. Hence, it can beintroduced in both the Houses and the Rajya Sabha has the full power to reject or amend it. It also does not require the recommendation of thePresident for its introduction. However, the President’s recommendation is necessary before the Bill can be passed by both the Houses.Appropriation BillAs the name suggests, the Appropriation Bill seeks to give legal authority to the Government to appropriate expenditure from the Consolidated Fund ofIndia. The Constitution says that no money can be withdrawn from the Consolidated Fund without the enactment of law by the Parliament. A Bill thatincorporates all the demands for grants voted by the Lok Sabha as well as the expenditures charged on the Consolidated Fund, is introduced in the LokSabha. This Bill is known as the Appropriation Bill. It is passed in the same manner as any other Bills. But no amendments can be proposed to the Bill.After the Bill is passed by the Lok Sabha, the Speaker certifies it as a Money Bill. Rajya Sabha can make recommendations over the Bill but it does not
  • 6. have the power to amend or reject the Bill. Thereafter, the Bill is presented to the President for his assent.Finance BillThe Finance Bill incorporates all the financial proposals of the Government for the following year. It is ordinarily introduced in the Lok Sabha every year,immediately after the Budget is presented. Discussions on the Bill are restricted to matters relating to general administration and local grievanceswithin the sphere of responsibility of the Union Government. No discussion is permitted on the details of particular estimates. This Bill has to beconsidered and passed by the Parliament and assented to by the President within 75 days after its introduction. This Bill is certified as a Money Bill.Thus, Rajya Sabha can only make recommendations to the Bill. It is up to the Lok Sabha to accept or reject such recommendations.Bill becoming an ActFirstly, a Bill has to be approved by both Houses of Parliament. Once the Bill is approved, it is sent to the President for his assent. No Bill can becomean Act without the assent of the President.Amendment of the Constitution of IndiaThe Parliament has the power to amend the Constitution of India through a set of procedures laid down in Article 368. It is initiated by introducing a Billin either House of the Parliament. Such a Bill may be introduced either by the government or a private member. Generally, Constitution (Amendment)Bills brought forward by a minister are introduced in the Lok Sabha. The Constitution (Amendment) Bill goes through three stages of reading before theBill is passed. Articles of the Constitution have been classified into three categories for the purpose of amendment:• Articles amendable by simple majority ;• Articles, which require special majority for their amendment, i.e., by a majority of the total membership of that House and by a majority of not lessthan two-thirds of the members of the House present and voting;• Articles, which require a special majority as well as ratification by the legislatures of not less than one- half of the States. The Constitution does notprovide for any time limit within which the States must give their consent for the ratification of a Constitution (Amendment) Bill, referred to them forthis purpose.Parliamentary privilege vs Contempt of the HouseParliamentary privilege can be defined as the set of special rights enjoyed by each House of Parliament and its Committees collectively as a constituentpart of Parliament and by members of each House individually. For example: A member has immunity from any proceedings in any court in respect ofanything said or any vote given by him in Parliament. When any of these rights and immunities are disregarded or attacked by any individual orauthority, the offence is called a breach of privilege, and is punishable under the law. However, the privileges have not been codified by law.If any act obstructs either House of Parliament or its Committees from discharging their duties, it might amount to Contempt of the House. Forexample, offering bribes to members to influence them in their Parliamentary conduct is also a form of Contempt of Parliament.***** Home || About The Organisation || Affiliate Unions || Office Bearers || Constitution || Resolutions International Affiliations || Activities || Achievements || Archive || Join Us || Contact Us ® Indian Journalists Union (IJU), New Delhi, India ~ All Rights Reserved © Futureideaz Total Solution ™ 2002 - 2003 ~ All Rights Reserved contact us # futureideaz@hotmail.com Working Journalists Act (1955)
  • 7. STRUGGLE FOR CONSTITUTION OF WAGE BOARDIJU DEMANDSWAGE BOARD RECOMMENDATIONSSALARY SCALEThe Working Journalists & other Newspaper Employees (Conditions of service) andMiscellaneous Provisions Act, 1955(Only salient features of the act)Chapter 1 (Preliminary)1)a) Short title and commencement.- this act may be called Working Journalists & other NewspaperEmployees (Conditions of service) and Miscellaneous Provisions Act, 1955.b) It extends to the whole of India, except the state of Jammu & Kashmir.2) Definitions: b) "Newspaper" means any printed periodical work containing public news or comments on public news and includes such other class of printed periodical work as many, from time to time, be notified in this behalf by central Government in the official Gazette. c) "Newspaper Employees" means any working Journalists and includes any other person employed to do any work in or in relation to any newspaper establishment. d) "Newspaper Establishment" means an establishment under the control of any person or body of persons, whether incorporated or not for any production or publication of one or more newspaper or for conducting any news agency or syndicate. (f) "Working Journalists" means a person whose principal avocation is that of a journalist and (who is employed as such, either whole-time or part -time in, or in relation to, one or more newspaper establishment), and includes an editor , a leader writer , news-editor, sub-editor, feature-writer, copy-tester, reporter, correspondent, cartoonist, news-photographer and proof-reader, but does not include any such person who a) is employed mainly in a managerial or administrative capacity or b) being employed in a supervisory capacity, performs, either by the nature of duties attached to his office of by reasons of the power vested in him, and function mainly of a managerial nature.Chapter 2 Working Journalist3.).......2) Sec 25-f of the aforesaid act, in its application to working journalist, shall be construed as in Cl. (a)thereof, for the period of notice referred to therein in relation to the retrenchment of a workman, thefollowing periods in relation to the retrenchment of a working journalist has been substituted, namely -a) six months, in case of an editor, b) three months, in case of any other working Journalists.
  • 8. Termination of Service without notice-Effect thereof-where a journalist was permitted to continueinto employment even after he has attained the age of superannuation, but later on his service wereterminated without giving him notice or retrenchment compensation, it was held by the court that theaction of the management of the company in terminating the services was illegal and improper.4) SPECIAL PROVISIONS IN RESPECT OF CERTAIN CASESOF RETRENCHMENT - Where at any time between 14 July 1954 and 12 March 1955,any working journalist had been retrenched he shall be entitled to receive from employer -a) wages for one month at the rate to which he was entitled immediately before his retrenchment ,unless he has been given one month notice in writing before such retrenchment; andb) compensation which shall be equivalent to 15 days average pay for every completed years ofservice under that employer or any part thereof in excess of six months.5)PAYMENT OF GRATUTITY 1:)WHERE a) any working journalists has been in continuous service, whether before or after the commencement of this Act for not less than 3 years in any newspaper establishment and i) his services are terminated by the employer in relation to that newspaper establishment for any reason whatsoever, otherwise than a punishment inflicted by way of disciplinary action or ii) he retires from services on reaching the age of superannuation or b) any working journalist has been in continuous service whether before or after the commencement of this Act for not less than 10 years in any newspaper establishment and he voluntarily resign on or after 1st day of July 1961 from services in that newspaper establishment on any ground what so ever other than on the ground of conscience or c) any working journalist has been in continuous service whether before or after the commencement of this Act for not less than 3 years in any newspaper establishment and he voluntarily resigned on or after 1st day of July 1961, from services in that newspaper establishment on any ground whatsoever other than on the ground of conscience or d) any working journalist dies while he is in service in any newspaper establishment6) HOURS OF WORK1) Subject to any rules that may be made under this Act, no working journalist shall be required orallowed to work in any newspaper establishment for more than 144 hours during any periods of 4consecutive weeks, exclusive of time for meals.2). Every working journalist shall be allowed during any period of 7 consecutive days rest for a periodof not less than 24 consecutive hours, the period between 10 pm and 6 pm being included therein(Explanation - for the purpose of this section ,"week" means a period of 7 days beginning at midnighton Saturday.)(Comment)The maximum hour of work for any period of consecutive weeks is 144 hours.Working Journalists (Condition of Service) and MiscallenousProvisions Rules 1975Chapter 3 (Hours of Work)7) SPECIAL PROVISIONS REGARDING EDITOR, ETC (HOURSOF WORK)-
  • 9. The provision of this chapter shall not apply to editor, or to correspondants, reporters or newsphotographers2) Not withstanding any thing contained in sub rule (1) the following provision shall apply to everycorrespondant, reporter , news photographer stationed at the place at wich the newspaper ( in relationto person is employed) namely a) Subject to such agreement as may be arrived at either collectively or individually between the parties concerned, every correspondent, reporter or news photographer shall, once he enters upon duty on any day, be deemed to be on duty throughout that day till he finishes all the work assigned to him during the day. Provided that if such correspondent, reporter or news photographer has had at his disposal for rest any interval or intervals for a total period of two hours or less between any two or more assignments of work , he shall not be on duty during such period .Provided further that where the total period of such interval or intervals exceeds two hours he shall be deemed to be on duty during the period which is in excess of the said period of two hours. b) Any period of work in excess of 36 hours during any week (which shall be considered as a unit of work for the purpose of this subrule) shall be compensated by rest during the succedding week and shall be given in one or more spells of not more than three hours each. Provided that where the aggregate of the excess hours worked falls short of three hours , the duration of rest shall be limited only to such excess.8) NORMAL WORKING DAYSThe number of hours which shall constitute a normal working day for working journalists exclusive oftime for meals shall exceed six hours per day in case of a day shift and five and half hours per day incase of night shift and no working journalist shall ordinarily be required or allowed to work for longerthan the number of hours constituting a normal working day.10) COMPENSATION FOR OVER TIME WORK -When a working journalist works for more than six hours on any day in the case of day shift ,and morethan five and half hours in case of night shift, he shall in respect of that overtime work, becompensated in the form of hours of rest equal in number to the hours for which he has workedovertime.Chapter 4 (Holidays)13) The number of holidays in a yearA working journalist shall be entitled to 10 holidays in a calendar year and15)shall be entitled to wages on all holidays if he was on duty.16)A working journalist shall be entitled to wages for weekly day of rest if he was on duty.Chapter 5 (LEAVE)LEAVESWithout prejudice to such holidays, casual leave or other kind of leave as may be prescribed, everyworking journalists shall be entitled to25)a) Earned leave on full wages for not less than one-eleventh of the period spent on duty, providedthat he shall cease to earn such leave when the earned leave due amounts to ninety days.
  • 10. 28) leave on medical certificate: 1) A working journalists shall be entitled to leave on medicalcertificate on one-half of wages for not less than one-eighteenth of the period of service25) EARN LEAVE -1) A working journalist shall be entitled to earned leave on full wages for a period not less than onemonth for every eleven months spent on duty provided that he shall cease to earn such leave dueamount to 90 days.2)The period spent on duty shall include weekly days of rest , holidays, casual leave and quarantineleave.29) MATERNITY LEAVE-1) A female working journalist who has put in not less than one years service in the newspaperestablishment in which she is for the time being employed shall be granted maternity leave on fullwages on production of a medical certificate from an authorized medical practitioner for a periodwhich may extend for three months from the date of its commencement or six weeks from theconfinement which ever is earlier.2) Leave of any other may be granted in continuation of maternity leave.3) Maternity leave shall also be granted in case of miscarriage, including abortion, subject to thecondition that the leave does not exceeds six weeks.30) QUARNATINE LEAVE -Quarantine leave on full wage shall be granted by newspaper establishment on the certificate ofauthorized medical practioner for a period not exceeding 21 days or In exceptional circumstances, 30days.31)EXTRAORDINARY LEAVE -A working journalist who has no leave to his credit may be granted ,at the discretion of newspaperestablishment in which such working journalist is employed leave not due.33)Study leave may be granted in same pattern.34) CASUAL LEAVE -1)A working journalist shall be eligible for casual leave at the discretion of newspaper establishmentfor 15 days in a calendar year.SETTING OF THE WAGE BOARDFor the purpose of fixing or revising rates of wages in respect of working journalists the CentralGovernment shall as and when necessary constitute a wage board which shall consist of -a) Three persons representing employers in relation to newspaper establishmentsb) Three persons representing working journalistsc) Four independent persons, one of whom shall be a person who is or has been a judge of Highcourt or Supreme court and who shall be appointed by the Government as the Chairman.Powers of Central Government to enforce recommendations of the wage boardAfter the receipt of the recommendations of the wage board the Central Government without affectingthe important alternation in the character of the recommendation can modify it. Friday May 30, 2003IJUS DEMANDS TO AMEND THE WORKING JOURNALIST ACT 1. An amendment to make the non-implementation of wage awards a cognizable offence to ensure that no newspaper management gets away into not to implementing it. 2. Amendment to increase the age of superannuation from 58 to 60 years.
  • 11. 3. To amend the provisions of gratuity in working journalists act to provide for grant of gratuityafter 5 year service.4. To make it mandatory for the employers to issue appointment letters to all mofussial andpart-time correspondents, by whatever name called, according to a fixed forma as suggestedby BACHAWAT WAGE BOARD

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