(3) For the trial of an offence referred to in sub-section (I), the [Tribunal] shall follow the same procedure and exercise the same powers as the Commission follows and exercises for the trial of an offence under the Ordinance, and the provisions of the Ordinance, other than the provisions of sub-section (9) of section 22A, thereof, shall so far as may be and with the necessary modifications, apply to such trial.

 

(4) The Tribunal shall have the power to issue a direction, which a Labour Court has under sub-section (I) of section 51 of the Ordinance.

 

(5) Subject to any rules of procedure which may be prescribed, the Tribunal may, for the purpose of determining the category of a newspaper establishment or the grade of a newspaper employ or otherwise holding an inquiry for the purpose of implementing the decision of the Board, exercise the same powers and follow the same procedure, so far as may be and with the necessary modifications, as the Commission may exercise or follow for the purpose of adjudicating an industrial dispute under the Ordinance.

 

(6) The Tribunal may require a newspaper establishment to file a declaration in such form and give such information as the Tribunal may determine or require.

 

13A. Any person convicted and sentenced by the Tribunal under section 55 of the Ordinance to imprisonment for any period not less than six months may, with the leave of the Supreme Court, prefer an appeal to that Court.

 

13B. (1) The Chairman of the Tribunal shall exercise general superintendence over its affairs.

 

(2) Where the Tribunal consist of more members than one, –

 

(a)        The Chairman shall constitute as many benches of the Tribunal consisting of one or more members of the Tribunal as he may deem fit; and

 

(b)        If any member of the Tribunal who constitutes a bench, or is a member of a bench, is absent from, or otherwise unable to attend, any sitting of a bench, the Chairman of the Tribunal may take over the case himself, or transfer it to another bench, for disposal; and the Chairman, or, as the case may be, the other bench, may continue the proceedings from the stage they had reached.

 

14. Subject to any rules of procedure which may be prescribed, the Board may, for the purpose of fixing rates of wages, exercise the same powers and follow the same procedure, so far as may be and with the necessary modifications, as the Commission may exercise or follow for the purpose of adjudicating an industrial dispute under the Ordinance.

 

15. The decision of the Board shall be binding on all employers in relation to newspaper establishments, and every newspaper employee shall be entitled to be paid wages at a rate which shall, in no case, be less than the rate of wages fixed by the Board.

 

16.—(l) Notwithstanding anything contained in this Act, where the Board is of the opinion that it is necessary so to do, it may, by notification in the official Gazette, fix interim rates of wages in respect of newspaper employees.

 

(2) Any interim rate of wages so fixed shall be binding on all employers in relation to newspaper establishments, and every newspaper employee shall be entitled to be paid wages at a rate which shall, in no case, be less than the interim rate of wages fixed under sub-section (1).

 

(3) Any interim rate of wages fixed under sub-seclion (1) shall remain in force unlit Ihe decision of the Board comes into operation under sub-seclion (2) of section 11.

 

16A. —The Board and the Tribunal shall have the same power to punish their respective contempts as the Commission has under section 22C of the Ordinance.


17. The provisions of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968 (W. P. Ordinance No. VI of l968) , as in force for the time being, other than those contained in Standing Order 2 and clauses (1) and (2) of Standing Order 12 thereof, shall, subject to the other provisions of this Act, apply to every newspaper establishment wherein ten or more newspaper employees are employed or were employed on any day of the twelve months proceeding the coming into force of this Act as, if such newspaper establishment were an industrial establishment to which the aforesaid Ordinance has been applied by a notification under clause (c) of sub-section (4) of section 1 thereof, and as if a newspaper employee were a workman within the meaning of that Ordinance.

 

[Provided that the provisions of this Section shall apply to a person who is employed as the editor of a newspaper.]

 

Explanation. —For the avoidance of doubt, it is hereby declared that provisions of Standing Orders, 10B and 11, clauses (6) and (8) of Standing Order 12 and Standing Order 15 of the aforesaid Ordinance shall apply only to a newspaper establishment, which fulfils the conditions laid down therein.

 

18. Subject to the other provisions [this Act] the provisions of the Ordinance shall apply to, or in relation to, newspaper employees, as they apply to, or in relation to, workmen within the meaning of the Ordinance:

 

Provided that nothing in this section applies to a newspaper employee—  i) who is employed mainly in a managerial or administrative capacity, [or is the editor of a newspaper] or

ii) who, being employed in a supervisory capacity, performs, either because of the nature of duties attached to his office or by reason or the powers vested in him, functions mainly or a managerial nature.

 

19. (1) The provisions or this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of’ any award, agreement or contract of service, whether made before or after the coming into force of this Act:

 

Provided that, subject to the provisions or section 73 of the West Pakistan Employees’ Social Security Ordinance, 1965 (W. P. Ordinance No. X of’ 1965), where under any such award, agreement, contract of service or otherwise, a newspaper employee is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Act, the newspaper employee shall continue to be entitled to the more favourable benefits in respect of that matter notwithstanding that he receives benefits in respect of other matters under this Act.

 

(2) Nothing contained in this Act shall be construed to preclude any newspaper employee from entering into an agreement with an employer for granting him rights or privileges in respect of any matter, which are more favourable to him than those to which he would be entitled under this Act.

 

20. -(1) The Federal Government may, by notification in the official Gazette, appoint such person as it thinks fit to be Inspectors for the purposes of this Act within such local limits as it may assign to them respectively.

 

(2) An Inspector shall perform within the local limits assigned to him such functions in relation to the implementation of the decision of the Board published under section 11 ns may be prescribed.

 

(3) An Inspector may—

a) at all reasonable hours enter on the premises of any newspaper establishment and make such examination of any register or document relating to the implementation of the decision of the Board published under section 11 and take on the spot or otherwise evidence of any person relevant to such implementation as he may deem necessary ;

          b) exercise such other powers of inspection as he may be deem necessary for carrying out the purposes of this Act.

 

21. (I) Whoever contravenes the provisions of section 6 shall be punishable with fine which may extend to two thousands rupees.

 

(2) Whoever contravenes any of the provisions of this Act or any rule made, or deemed to have been made, thereunder shall, if no other penalty is elsewhere provided by or under this Act for such contravention, be punishable with fine, which may extend to one thousand rupees.

 

(3) Where the person guilty of an offence under this Act is a company or other body corporate, every director, manager, secretary and other officer thereof shall, unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent its commission, also be guilty of the same offence and liable to the same punishment.

 

(4) No court shall take cognizance of an offence under this Act unless the complaint thereof is made within six months of the date on which the offence is alleged to have been committed.

 

21A –The Chairman of the Board and the Chairman and members of the Tribunal shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860)

 

22. No suit, prosecution or other legal proceedings shall lie against any person or authority for anything which is in good faith done or intended to be done in pursuance of this Act 01 any rule made, or deemed lo have been made, thereunder.

 

23. (1) The Federal Government may, by notification in the official Gazette , make rules for carrying out the purposes of this Act.

 

(2) In particular, and without prejudice to the generality of the foregoing power , such rules may provide for all or any of the following matters, namely :—

 

a)         hours of work of newspaper employees ;

 

b)         holidays , earned leave, leave on medical certificate , casual leave or any other kind of leave admissible to newspaper employees ;

 

c)         the constitution of Provident Fund ;

 

d)         the constitution of Board of Trustees for the administration of Provident Fund ;

 

e)         the procedure for regulating the management and administration of Provident Fund and the conditions subject to which such Fund shall operate ;

 

f)          the procedure to be followed by the Board in fixing rates of wages ;

 

g)         the manner in which the decision of the Board may be published ;

 

[gg)      the procedure to be bellowed by the Tribunal in determining the categories of newspaper establishments or grades of newspaper employees or holding an inquiry for the purpose or implementing the decision of the Board; and ]

 

h)         any other matter which is to be or may be prescribed.

 

23-A. —The powers conferred by this Act on the Federal Government shall, as from the fourteenth day of August, 1973, continue be exercised by the Federal Government.

 

24 -(1) The Working Journalists (Conditions of Service) Ordinance, 1960(XV1 of 1960), is hereby repealed.

 

(2) Notwithstanding the repeal of the said Ordinance, and without prejudice to the provisions of section 24 of the General Clauses Act, 1897 (X of 1897), anything done, appointment made, notification order or rule issued, form prescribed, proceedings commenced, or action taken under that Ordinance shall, so far as it is not inconsistent with the provisions of this Act, continue in force and be deemed to have been made, issued or taken under the provisions of this Act.

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