Working Journalists (Other than working Journalists in News Agency) |
CHAPTER TWO
Proposal
3. Classification of newspaper establishments.- For the purpose of fixation of rates of wages In respect of working journalists, newspaper establishments shall be classified in the manner hereinafter provided -
notwithstanding anything contained in clauses (b). (c) and (d) above, a newspaper establishment which is classified on the basis of 2 accounting years shall be placed one class lower than the class in which it is liable to be placed and a newspaper establishment which is classified on the basis of one accounting year, two classes lower In either case, it shall not be lower than Class VIII.(a) Classification of newspaper establishments shall be based on the average gross revenue of 3 accounting years 1995-96, 1996-97 and 1997-98.Provided that -(b) In the case of a newspaper establishment completing two out of the aforementioned 3 accounting years, its classification shall be determined on the basis of its average gross revenue for those two years.
(c) In the case of a newspaper establishment which has completed only one year of the said accounting years, its classification shall be determined on the basis of its gross revenue for that year.
(d) A new newspaper establishment, that is to say, a newspaper establishment to which the provisions of clause (a) above do not, in terms, apply. is liable to be classified after the completion of its first accounting year on the basis of its gross revenue for that year.
Provided further that -where a classified newspaper establishment starts one of its old newspapers from a new centre where it has no other newspaper publication, it shall so far as the new centre is concerned, be placed for the first 2 accounting years one class below the class in which it would be liable to be placed on the basis of its total gross revenue; and a classified newspaper establishment which starts a new newspaper from a centre where it has no other newspaper publication. shall be similarly liable to be placed one class lower for three accounting years at the new centre. In either case, it shall not be placed lower than Class VIII, so far as the new centre is concerned.
4. Continuance of classification.- The classification determined in accordance with the provisions of this Chapter shall continue until the newspaper establishment is reclassified in accordance with the provisions of para 7 of this Chapter.
Change of ownership.- If the ownership of the newspaper establishment is transferred by one person to another, the Provisions of paras 3 and 4 of this Chapter shall apply to such newspaper establishment as if the gross revenue of the newspaper establishment for the relevant accounting years under the previous owner were its revenue for those years under the new owner.
6. Classes of newspaper establishments.- Newspaper establishments
shall be classified under the following classes on the basis of their gross
revenue as per para 3(a) of this Chapter.
Class Gross RevenueIB Rs. 600 crore and above;
IA Rs. 200 crore and above but less than Rs. 600 crore;
I Rs. 50 crore and above but less than Rs. 200 crore;
II Rs. 25 crore and above but less than Rs. 50 crore;
III Rs. 10 crore and above but less than Rs. 25 crore;
IV Rs. 5 crore and above but less than Rs. 10 crore;
V Rs. 2 crore and above but less than Rs. 5 crore;
VI Rs. 1 crore and above but less than Rs. 2 crore;
VII Rs. 50 lakh and above but less than Rs. 1 crore;
VIII Less than Rs. 50 lakh.
Explanation.- In this para,
(a) Gross revenue of the circulation and advertisement clubbed together derived newspaper establishment, other than one falling in Class VIII. If the advertisement revenue is less than 55 per cent of its aforesaid revenue, then it should be placed in the class next below the class in which it would fall on the basis of total average gross revenue.
(b) Gross revenue of the circulation and advertisement clubbed together derived by a newspaper establishment. other than one falling in class VIII, if the advertisement revenue is less than 45% of its aforesaid revenue, then it should be placed two classes below the class in which it would fall on the basis of its total average gross revenue.
(c) newspaper establishment, other than one falling in Class viii. publishing Indian language newspapers enumerated in VIIIth Schedule of the Constitution from a district town and not having more than two publications and whose advertisement revenue is less than 60 percent of the total gross revenue. will be placed one class below the class in which it would fall on the basis of its total gross revenue.
(d) No newspaper establishment shall be deemed to be below class VIII.
7. Reclassification.- It shall be open either to the employer
or to the employees to seek a reclassification of a newspaper establishment
at any time after the accounting year 1998-99 on the basis of the average
gross revenue of the 3 immediately preceding accounting years: Provided
that such reclassification should not be sought more than once in any period
of 3 consecutive accounting years.
8. Grouping of working Journalists.- (1) Working Journalists
in the regular cadre, namely full time employees, in newspaper establishments
of classes 1B to VII shall be grouped as under the First Schedule; class
VIII, as under the Second Schedule.
(2) Functional definitions of various categories of working journalists
are described in the Third Schedule.
9. Revised scale of wages.- The revised scale of wages of each group of the Working Journalists in different classes of newspaper establishments is prescribed in Table I.
10. Drawal of wages In the revised scales.- (1) save as otherwise
provided in this Proposal. a newspaper employee shall draw wages in the
revised scale applicable to the group to which he belongs.
(2) Every part-time correspondent/ photographer shall be paid not less
than 40 per cent, if he is posted at district head quarters and above,
and not less than 1/3rd, if he is posted at place below district head-quarters,
of the basic pay plus DA applicable to a full-time correspondent/photographer
at similar level, provided that no part-time correspondent/photographer
will work for more than two newspaper establishments. In addition, payment
shall be paid to him on column basis, the rate of which to be settled by
mutual negotiations.
Dearness Allowance.- (1) Formula for calculating dearness allowance and rate of neutralization are prescribed in Table II.
(2) Dearness Allowance may be sanctioned as soon as the figures for
the quarter for which average regional index is to be used for determining
rate of dearness allowance becomes available. Dearness allowance will become
payable from the beginning of the quarter immediately succeeding the quarter
for which average regional index figures are used for determine rate of
dearness allowance.
Provided that where a work place for which CPI number as compiled by
Labour Bureau, Shimla, as a part of all India Consumer Price Index for
Industrial Worker for a region is not available, the CPI number of the
nearest centre should be adopted and where there is no such centre, CPI
number of the State capital should be adopted. If, however, there is no
regional CPI number in the State Capital, the CPI number of any centre
in the State, which is the highest, shall be adopted.
(3) The revised rates of dearness allowance with reference to average all-India Consumer Price Index Number 1813 (1960=100) will become operative for classes III and above from 01.04.98 on the basis of average Consumer Price Index (1960=100) for the quarter January to March 1998 over Consumer Price Index 1813 (1960=100) and for classes IV to VIII from 01.06.99 on the basis of average Consumer Price Index (1960=100) for the quarter March to May 1999 over Consumer Price Index 1813 (1960=100)
12. House rent allowance.- House rent allowance prescribed
in Table III shall be paid by newspaper establishments to employees posted
in the respective zones:
Provided that -
(i) where an employee is provided residential accommodation by newspaper establishment, no house rent allowance will be payable.13. City compensatory allowance.- City compensatory allowance prescribed in Table IV shall be paid by newspaper establishments to their employees posted in their respective zones.
(2) if an employee is being paid house rent allowance, the same will be adjusted against the amount of house rent allowance payable under this provision.
(3) where a newspaper establishment contributes on behalf of an employee any amount towards a fund to enable the employee to own his residential accommodation, such amount shall be adjusted against house rent allowance payable under this provision.
14. Night shift allowance.- Night shift allowance at the rates prescribed in Table V shall be paid by the newspaper establishment to their respective employees.
15. Medical allowance.- Medical allowance at the rates prescribed in Table VI shall be paid by the newspaper establishments to the employees who are not covered by Employees State Insurance Corporation (ESIC)
16. Education allowance.- All employee shall be paid children's education allowance for two school going children up to school level education at the rates prescribed in Table VII.
17. Hardship allowance.- An employee working in hilly area above 5000 ft. (1524 metres) from the sea level or in a disturbed area shall be paid a lump sum of Rs. 250 per month.
Explanation.- For the purpose of this para, "disturbed area" means disturbed area declared by the appropriate Government, ie State Government or Central Government, as the case may be, under the relevant Act.
18. Leave travel allowance.- An employee shall be paid leave travel allowance at the rates prescribed in Table VIII.
19. Fixation of initial wage in the revised scale.- The initial wage of an employee in the revised scale shall be fixed in the following manner -
Explanation:(a) For the new entrant, the wages shall be fixed in the revised scale at the minimum of the scale.
(b) In the case of employees already working in the establishment, the wages shall be fixed in the revised scale at the stage next above the existing emolument.
(c) If the minimum of the revised scale is higher than the amount of the emoluments being presently drawn by the employee, the wages shall be fixed at the minimum of the revised scale.
(d) If the existing emoluments of the employee are higher than minimum of the revised scale, the wages shall be fixed by adding increments to the minimum of the revised scale and fixing his salary at the next higher stage in the revised scale.
(e) Every employee shall be given one increment in the revised pay scale for completion of every three years' service in the post held immediately before the date of the commencement of the Proposal.
(f) The service rendered by the concerned employee in any other post carrying a scale in that establishment, the minimum of which is lower by not more than 30% of the minimum of the scale in which the employees worked shall also be taken into account.
(g) The total number of increments shall not be more than two.
(h) No employee shall get more than the maximum of the revised pay scale.
(i) The revised pay scales shall become applicable to all employees with effect from the date of enforcement. However, if an employee within three weeks from the date of publication of Government notification under the section 12 of the Act enforcing these recommendations opts for retaining his existing pay scales and 'existing emoluments', he shall be entitled to retain his existing scale and such emoluments.
20. Mode of payment of arrears.- The arrears payable, if any, as a result of retrospective operation, should be paid in three equal instalments in eighteen months as under -(a) The existing emoluments of an employee shall mean his basic pay, variable dearness allowance at the All India Consumer Price Index Number 1813 (base 1960=100) and interim relief, if any, as on Ist January 1998.
(b) The "additional emoluments" of an employee shall mean emoluments other than the "existing emoluments" described in clause (a) granted by newspaper establishment as a result of collective bargaining agreement or award, as increase in basic wage, dearness allowance or interim relief.
(c) The "additional allowances" of an employee shall mean any monthly payments, by whatever name called, not related to a specific purpose nor agreed to be adjusted against any revision of pay or dearness allowance.
(a) The first instalment of arrears within six months from date of the publication of the order of the Central Government under Section 12 of the Act.(b) The second instalment of arrears after another six months; and
(c) The third instalment of arrears after another six months.