The act is downloaded from website of Legislative Department, Government of India.
For latest update please visit http://indiacode.nic.in
THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS
OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955
ACT NO. 45 OF 1955 1*
[20th December, 1955.]
An Act to regulate certain conditions of service of working
journalists and other persons employed in newspaper establishments.
BE it enacted by Parliament in the Sixth Year of the Republic of
India as follows:--
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title and extent.
1. Short title and extent.- (1) This Act may be called the
2*[Working Journalists and other Newspaper Employees] (Conditions of
Service) and Miscellaneous Provisions Act, 1955.
(2) It extends to the whole of India 3***.
2.
Definitions.
2. Definitions.- In this Act, unless the context otherwise
requires,--
4*[(a) "Board" means--
(i) in relation to working journalists, the
Wage Board constituted under section 9; and
(ii) in relation to non-journalist newspaper
employees, the Wage Board constituted under
section 13C;]
(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 may,
from time to time, be notified in this behalf by the
Central Government in the Official Gazette;
(c) "newspaper employee" means any working journalist, and
includes any other person employed to do any work in,
or in relation to, any newspaper establishment;
---------------------------------------------------------------------
1. This Act has been extended to Goa, Daman and Diu by Reg. 11 of
1963, s. 3 and Sch. and Pondicherry by Act 26 of 1968, s. 3 and
Sch.
2. Subs. by Act 60 of 1974, s. 2 for "Working Journalists".
3. The words "except the State of Jammu and Kashmir" omitted by Act
51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).
4. Subs. by Act 60 of 1974, s. 3, for cl. (a).
324
(d) "newspaper establishment" means an establishment under
the control of any person or body or persons, whether
incorporated or not, for the production or publication
of one or more newspapers or for conducting any news
agency or syndicate 1*[and includes newspaper
establishments specified as one establishment under the
Schedule.
Explanation.--For the purposes of this clause,--
(a) different departments, branches and
centres of newspaper establishments shall be
treated as parts thereof;
(b) a printing press shall be deemed to be a
newspaper establishment if the principal business
thereof is to print newspaper;]
2*[dd)"non-journalist newspaper employee" means a person
employed to do any work in, or in relation to, any
newspaper establishment, but does not include any such
person who--
(i) is a working journalist, or
(ii) is employed mainly in a managerial or
administrative capacity, or
(iii) being employed in a supervisory capacity,
performs, either by the nature of the duties attached
to his office or by reason of the powers vested in him,
functions mainly of a managerial nature;]
(e) "prescribed" means prescribed by rules made under this
Act;
3*[(ee) "Tribunal" means,--
(i) in relation to working journalists, the
Tribunal constituted under section 13AA; and
(ii) in relation to non-journalist newspaper
employees, the Tribunal constituted under section
13DD;]
1*[(eee) "wages" means all remuneration capable of being
expressed in terms of money, which would, if the terms
of employment, expressed or implied, were fulfilled,
be payable to a newspaper employee in respect of his
employment or of work done in such employment, and
includes--
(i) such allowances (including dearness allowance) as the
newspaper employee is for the time being entitled to;
(ii) the value of any house accommodation, or of supply of
light, water, medical attendance or other amenity or of any
service or of any concessional supply of food-grains or other
articles;
(iii) any travelling concession,
but does not include--
(a) any bonus;
(b) any contribution paid or payable by the employer to
any pension fund or provident fund or for the benefit of the
newspaper employee under any law for the time being in
force;
(c) any gratuity payable on the termination of his
service.
Explanation.--In this clause, the term "wages" shall also include
new allowances, if any, of any description fixed from time to time.]
(f) "working journalist" means a person whose principal
avocation is that of a journalist and 4*[who is
employed as such, either whole-time or part-time, in,
or in relation to, one or more newspaper
establishments], and includes an editor, a leader-
writer, news editor, sub-editor, feature-writer, copy-
tester, reporter, correspondent, cartoonist,
newsphotographer and proof-reader, but does not include
any such person who--
(i) is employed mainly in a managerial or
administrative capacity, or
(ii) being employed in a supervisory capacity,
performs, either by the nature of the duties attached
to his office or by reason of the powers vested in him,
functions mainly of a managerial nature;
(g) all words and expressions used but not defined in this
Act and defined in the Industrial Disputes Act, 1947
(14 of 1947) shall have the meanings respectively
assigned to them in that Act.
---------------------------------------------------------------------
1. Ins. by Act 31 of 1989, s. 2, retrospectively.
2. Ins. by Act 60 of 1974, s. 3.
3. Ins. by Act 6 of 1979, s. 2 (w.e.f. 31-1-1979).
4. Subs. by Act 36 of 1981, s. 2, for certain words (w.e.f. 13-8-
1980).
325
CHAP
WORKING JOURNALISTS
CHAPTER II
WORKING JOURNALISTS
3.
Act 14 of 1947 to apply to working journalists.
3. Act 14 of 1947 to apply to working journalists.- (1) The
provisions of the Industrial Disputes Act, 1947, as in force for the
time being, shall, subject to the modification specified in sub-
section (2), apply to, or in relation to, working journalists as they
apply to, or in relation to, workmen within the meaning of that Act.
(2) Section 25F of the aforesaid Act, in its application to
working journalists, shall be construed as if in clause (a) thereof,
for the period of notice referred to therein in relation to the
retrenchment of a workman, the following periods of notice in relation
to the retrenchment of a working journalist had been substituted,
namely:--
(a) six months, in the case of an editor, and
(b) three months, in the case of any other working
journalist.
4.
Special provisions in respect of certain cases of retrenchment.
4. Special provisions in respect of certain cases of
retrenchment.- Where at any time between the 14th day of July, 1954,
and the 12th day of March, 1955, any working journalist had been
retrenched, he shall be entitled to receive from the employer--
(a) wages for one month at the rate to which he was entitled
immediately before his retrenchment, unless he had been
given one month's notice in writing before such
retrenchment; and
(b) compensation which shall be equivalent to fifteen days'
average pay for every completed year of service under
that employer or any part thereof in excess of six
months.
5.
Payment of gratuity.
1*[5. Payment of gratuity.- (1) Where--
(a) any working journalist has been in continuous service,
whether before or after the commencement of this Act,
for not less than three 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 as a punishment inflicted by
way of disciplinary action; or
(ii) he retires from service 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 ten years in any newspaper
establishment, and he volun-
---------------------------------------------------------------------
1. Subs. by Act 65 of 1962, s. 3, for s. 5 (w.e.f. 15-1-1963).
326
tarily resigns on or after the 1st day of July, 1961,
from service in that newspaper establishment on any
ground whatsoever 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 three years in any newspaper
establishment, and he voluntarily resigns on or after
the 1st day of July, 1961, from service in that
establishment on the ground of conscience; or
(d) any working journalist dies while he is in service in
any newspaper establishment,
the working journalist or, in the case of his death, his nominee or
nominees or if there is no nomination in force at the time of the
death of the working journalist, his family, as the case may be,
shall, without prejudice to any benefits or rights accruing under the
Industrial Disputes Act, 1947 (14 of 1947), be paid, on such
termination, retirement, resignation or death, by the employer in
relation to that establishment gratuity which shall be equivalent to
fifteen days' average pay for every completed year of service or any
part thereof in excess of six months:
Provided that in the case of a working journalist referred to in
clause (b), the total amount of gratuity that shall be payable to him
shall not exceed twelve and half months' average pay:
Provided further that where a working journalist is employed in any
newspaper establishment wherein not more than six working journalists
were employed on any day of the twelve months immediately preceding
the commencement of this Act, the gratuity payable to a working
journalist employed in any such newspaper establishment for any period
of service before such commencement shall not be equivalent to fifteen
days' average pay for every completed year of service or any part
thereof in excess of six months but shall be equivalent to--
(a) three days' average pay for every completed year of
service or any part thereof in excess of six months, if
the period of such past service does not exceed five
years;
(b) five days' average pay for every completed year of
service or any part thereof in excess of six months, if
the period of such past service exceeds five years but
does not exceed ten years; and
(c) seven days' average pay for every completed year of
service or any part thereof in excess of six months, if
the period of such past service exceeds ten years.
327
Explanation.--For the purposes of this sub-section and sub-
section (1) of section 17, "family" means--
(i) in the case of a male working journalist, his widow,
children, whether married or unmarried, and his
dependent parents and the widow and children of his
deceased son:
Provided that a widow shall not be deemed to be a member of
the family of the working journalist if at the time of
his death she was not legally entitled to be maintained
by him;
(ii) in the case of a female working journalist, her
husband, children, whether married or unmarried, and
the dependent parents of the working journalist or of
her husband, and the widow and children of her deceased
son:
Provided that if the working journalist has expressed her
desire to exclude her husband from the family, the
husband and his dependent parents shall not be deemed
to be a part of the working journalist's family,
and in either of the above two cases, if the child of a working
journalist or of a deceased son of a working journalist has been
adopted by another person and if under the personal law of the
adopter, adoption is legally recognised, such a child shall not be
considered as a member of the family of the working journalist.
(2) Any dispute whether a working journalist has voluntarily
resigned from service in any newspaper establishment on the ground of
conscience shall be deemed to be an industrial dispute within the
meaning of the Industrial Disputes Act, 1947 (14 of 1947) or any
corresponding law relating to investigation and settlement of
industrial disputes in force in any State.
(3) Where a nominee is a minor and the gratuity under sub-section
(1) has become payable during his minority, it shall be paid to a
person appointed under sub-section (3) of section 5A:
Provided that where there is no such person, payment shall be
made to any guardian of the property of the minor appointed by a
competent court or where no such guardian has been appointed, to
either parent of the minor, or where neither parent is alive, to any
other guardian of the minor:
Provided further that where the gratuity is payable to two or
more nominees, and either or any of them dies, the gratuity shall be
paid to the surviving nominee or nominees.
328
5A.
Nomination by working journalist.
5A. Nomination by working journalist.- (1) Notwithstanding
anything contained in any law for the time being in force, or in any
disposition, testamentary or otherwise in respect of any gratuity
payable to a working journalist, where a nomination made in the
prescribed manner purports to confer on any person the right to
receive payment of the gratuity for the time being due to the working
journalist, the nominee shall, on the death of the working journalist,
become entitled to the gratuity and to be paid the sum due in respect
thereof to the exclusion of all other persons, unless the nomination
is varied or cancelled in the prescribed manner.
(2) Any nomination referred to in sub-section (1) shall become
void if the nominee predeceases, or where there are two or more
nominees, all the nominees predecease, the working journalist making
the nomination.
(3) Where the nominee is a minor, it shall be lawful for the
working journalist making the nomination to appoint any person in the
prescribed manner to receive the gratuity in the event of his death
during the minority of the nominee.]
6.
Hours of work.
6. Hours of work.- (1) Subject to any rules that may be made under
this Act, no working journalist shall be required or allowed to work
in any newspaper establishment for more than one hundred and forty-
four hours during any period of four consecutive weeks, exclusive of
the time for meals.
(2) Every working journalist shall be allowed during any period
of seven consecutive days rest for a period of not less than twenty-
four consecutive hours, the period between 10 P.M. and 6 A.M. being
included therein.
Explanation.--For the purposes of this section, "week" means a
period of seven days beginning at mid-night on Saturday.
7.
Leave.
7. Leave.- Without prejudice to such holidays, casual leave or
other kinds of leave as may be prescribed, every working journalist
shall be entitled to--
(a) earned leave on full wages for not less than one-
eleventh of the period spent on duty;
(b) leave on medical certificate on one-half of the wages
for not less than one-eighteenth of the period of
service.
8.
Fixation or revision of rates of wages.
1*[8. Fixation or revision of rates of wages.- (1) The Central
Government may, in the manner hereinafter provided,--
(a) fix rates of wages in respect of working journalists;
---------------------------------------------------------------------
1 Subs. by Act 65 of 1962, ss. 4, for s. 8 to 13 (w.e.f. 15-1-1963).
329
(b) revise, from time to time, at such intervals as it may
think fit, the rates of wages fixed under this section
or specified in the order made under section 6 of the
Working Journalists (Fixation of Rates of Wages) Act,
1958 (29 of 1958).
(2) The rates of wages may be fixed or revised by the Central
Government in respect of working journalists for time work and for
piece work.
9.
Procedure for fixing and revising rates of wages.
9. Procedure for fixing and revising rates of wages.- For the
purpose of fixing or revising rates of wages in respect of working
journalists under this Act, the Central Government shall, as and when
necessary, constitute a Wage Board which shall consist of--
(a) two persons representing employers in relation to
newspaper establishments;
(b) two persons representing working journalists;
(c) three independent persons, one of whom shall be a person
who is, or has been, a Judge of a High Court or the
Supreme Court and who shall be appointed by that
Government as the Chairman thereof.
10.
Recommendation by Board.
10. 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
330
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.
1*[Explanation.--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.]
11.
Powers and procedure of the Board.
11. Powers and procedure of the Board.- (1) Subject to the
provisions contained in sub-section (2), the Board may exercise all or
any of the powers which an Industrial Tribunal constituted under the
Industrial Disputes Act, 1947 (14 of 1947), exercises for the
adjudication of an industrial dispute referred to it and shall,
subject to the provisions contained in this Act, and the rules, if
any, made thereunder, have power to regulate its own procedure.
(2) Any representations made to the Board and any documents
furnished to it by way of evidence shall be open to inspection on
payment of such fee as may be prescribed, by any person interested in
the matter.
(3) If, for any reason, a vacancy occurs in the office of
Chairman or any other member of the Board, the Central Government
shall fill the vacancy by appointing another person thereto in
accordance with the provisions of section 9 and any proceeding may be
continued before the Board so reconstituted from the stage at which
the vacancy occurred.
12.
Powers of Central Government to enforce recommendations of the Wage
Board.
12. Powers of Central Government to enforce recommendations of
the Wage Board.- (1) As soon as may be, after the receipt of the
recommendations of the Board, the Central Government shall make an
order in terms of the recommendations or subject to such
modifications, if any, as it thinks fit, being modifications which, in
the opinion of the Central Government, do not effect important
alterations in the character of the recommendations.
(2) Notwithstanding anything contained in sub-section (1), the
Central Government may, if it thinks fit,--
(a) make such modifications in the recommendations, not
being modifications of the nature referred to in sub-
section (1), as it thinks fit:
Provided that before making any such modifications, the
Central Government shall cause notice to be given to
all persons likely to be affected thereby in such
manner as may be prescribed, and shall take into
account any representations which they may make in this
behalf in writing; or
(b) refer the recommendations or any part thereof to the
Board, in which case, the Central Government shall
consider its further recommendations and make an order
either in terms of the recommendations or with such
modifications of the nature referred to in sub-section
(1) as it thinks fit.
---------------------------------------------------------------------
1. Added by Act 31 of 1989, s. 3.
330A
(3) Every order made by the Central Government under this section
shall be published in the Official Gazette together with the
recommendations of the Board relating to the order and the order shall
come into operation on the date of publication or on such date,
whether prospectively or retrospectively, as may be specified in the
order.
13.
Working journalists entitled to wages at rates not less than those
specified in the order.
13. Working journalists entitled to wages at rates not less than
those specified in the order.-On the coming into operation of an order
of the Central Government under section 12, every working journalist
shall be entitled to be paid by his employer wages at the rate which
shall in no case be less than the rate of wages specified in the
order.
13A.
Power of Government to fix interim rates of wages.
13A. 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).
(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.]
13AA
Constitution of Tribunal for fixing or revising rates of wages in
respect of working journalists.
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;
---------------------------------------------------------------------
1. Ins. by Act 6 of 1979, s. 3 (w.e.f. 31-1-1979).
330B
(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
(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.]
CHAP
NON-JOURNALIST NEWSPAPER EMPLOYEES
1*[CHAPTER II-A
NON-JOURNALIST NEWSPAPER EMPLOYEES
13B.
Fixation or revision of rates of wages of non-journalists newspaper
employees.
13B. Fixation or revision of rates of wages of non-journalists
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, s. 4.
330C
(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.
13C.
Wage Board for fixing or revising rates of wages in respect of
non-journalist newspaper employees.
13C. Wage Board for fixing or revising rates of wages in respect
of non-journalist newspaper employees.- For the purpose of fixing or
revising rates of wages in respect of non-journalist newspaper
employees under this Act, the Central Government shall, as and when
necessary, constitute a Wage Board which shall consist of--
(a) two persons representing employers in relation to
newspaper establishments;
(b) two persons representing non-journalist newspaper
employees, and
(c) three independent persons, one of whom shall be a person
who is, or has been, a Judge of a High Court or the
Supreme Court and who shall be appointed by that
Government as the Chairman thereof.
13D.
Application of certain provisions.
13D. Application of certain provisions.- The provisions of
sections 10 to 13A shall apply to, and in relation to, the Board
constituted under section 13C, the Central Government and non-
journalist newspaper employees, subject to the modifications that--
(a) the references to the Board and working journalists
therein, wherever they occur, shall be construed
respectively as references to the Board constituted
under section 13C and to non-journalist newspaper
employees;
(b) the references in sub-section (3) of section 11 to
section 9 shall be construed as a reference to section
13C; 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.]
13DD
Constitution of Tribunal for fixing or revising rates of wages
inrespect of non-journalist newspaper employees.
1*[13DD. Constitution of Tribunal for fixing or revising rates of
wages in respect of non-journalist newspaper employees.- (1)
Notwithstanding anything contained in this Act, where the Central
Government is of opinion that the Board constituted under section 13C
for the purpose of fixing or revising rates of wages in respect of
non-journalist newspaper employees 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,
---------------------------------------------------------------------
1. Ins. by Act 6 of 1979, s. 4 (w.e.f. 31-1-1979).
330D
a Judge of a High Court or the Supreme Court, for the purpose of
fixing or revising rates of wages in respect of non-journalist
newspaper employees 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 non-journalist newspaper
employees, subject to the modifications that--
(a) the references to the Board and working journalists
therein, wherever they occur, shall be construed
respectively as references to the Tribunal and to non-
journalist newspaper employees;
(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
(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 13C 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 read with section 13D in respect of
nonjournalist newspaper employees 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.]
330E
CHAP
APPLICATION OF CERTAIN ACTS TO NEWSPAPER EMPLOYEES
CHAPTER III
APPLICATION OF CERTAIN ACTS TO NEWSPAPER EMPLOYEES
14.
Act 20 of 1946 to apply to newspaper establishments.
14. Act 20 of 1946 to apply to newspaper establishments.- The
provisions of the Industrial Employment (Standing Orders) Act, 1946,
as in force for the time being, shall apply to every newspaper
establishment wherein twenty or more newspaper employees are employed
or were employed on any day of the preceding twelve months as if such
newspaper establishment were an industrial establishment to which the
aforesaid Act has been applied by a notification under sub-section (3)
of section 1 thereof, and as if a newspaper employee were a workman
within the meaning of that Act.
15.
Act 19 of 1952 to apply to newspaper establishments.
15. Act 19 of 1952 to apply to newspaper establishments.- The
Employees' Provident Funds Act, 1952, as in force for the time being,
shall apply to every newspaper establishment in which twenty or more
persons are employed on any day, as if such newspaper establishment
were a factory to which the aforesaid Act had been applied by a
notification of the Central Government under sub-section (3) of
section 1 thereof, and as if a newspaper employee were an employee
within the meaning of that Act.
CHAP
MISCELLANEOUS
CHAPTER IV
MISCELLANEOUS
16.
Effect of laws and agreements inconsistent with this Act.
16. Effect of laws and agreements inconsistent with this Act.- (1)
The provisions of 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 commencement of this Act:
Provided that 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.
330F
16A.
Employer not to dismiss, discharge, etc., newspaper employees.
1*[16A. Employer not to dismiss, discharge, etc., newspaper
employees.-No employer in relation to a newspaper establishment shall,
by reason of his liability for payment of wages to newspaper employees
at the rates specified in an order of the Central Government under
section 12, or under section 12 read with section 13AA or section
13DD, dismiss, discharge or retrench any newspaper employee.]
17.
Recovery of money due from an employer.
2*[17. Recovery of money due from an employer.- (1) Where any
amount is due under this Act to a newspaper employee from an employer,
the newspaper employee himself, or any person authorised by him in
writing in this behalf, or in the case of the death of the employee,
any member of his family may, without prejudice to any other mode of
recovery, make an application to the State Government for the recovery
of the amount due to him, and if the State Government, or such
authority, as the State Government may specify in this behalf, is
satisfied that any amount is so due, it shall issue a certificate for
that amount to the Collector, and the Collector shall proceed to
recover that amount in the same manner as an arrear of land revenue.
(2) If any question arises as to the amount due under this Act to
a newspaper employee from his employer, the State Government may, on
its own motion or upon application made to it, refer the question to
any Labour Court constituted by it under the Industrial Disputes Act,
1947 (14 of 1947) or under any corresponding law relating to
investigation and settlement of industrial disputes in force in the
State and the said Act or law shall have effect in relation to the
Labour Court as if the question so referred were a matter referred to
the Labour Court for adjudication under that Act or law.
(3) The decision of the Labour Court shall be forwarded by it to
the State Government which made the reference and any amount found due
by the Labour Court may be recovered in the manner provided in sub-
section (1).
17A.
Maintenance of registers, records, and muster-rolls.
17A. Maintenance of registers, records, and muster-rolls.- Every
employer in relation to a newspaper establishment shall prepare and
maintain such registers, records and muster-rolls and in such manner
as may be prescribed.
17B.
Inspectors.
17B. Inspectors.- (1) The State Government may, by notification in
the Official Gazette, appoint such persons as it thinks fit to be
Inspectors for the purposes of this Act and may define the local
limits within which they shall exercise their functions.
(2) Any Inspector appointed under sub-section (1) may for the
purpose of ascertaining whether any of the provisions of this Act or
of the
---------------------------------------------------------------------
1. Ins. by Act 36 of 1981, s. 3 (w.e.f. 13-8-1980).
2. Subs. by Act 65 of 1962, s. 5, for s. 17 (w.e.f. 15-1-1963).
330G
Working Journalists (Fixation of Rates of Wages) Act, 1958 (29 of
1958) have been complied with in respect of a newspaper
establishment--
(a) require an employer to furnish such information as he
may consider necessary;
(b) at any reasonable time enter any newspaper establishment
or any premises connected therewith and require any one
found in charge thereof to produce before him for
examination any accounts, books, registers and other
documents relating to the employment of persons or the
payment of wages in the establishment;
(c) examine with respect to any matter relevant to any of
the purposes aforesaid, the employer, his agent or
servant or any other person found in charge of the
newspaper establishment or any premises connected
therewith or any person whom the Inspector has
reasonable cause to believe to be or to have been an
employee in the establishment;
(d) make copies of or take extracts from any book, register
or other documents maintained in relation to the
newspaper establishment;
(e) exercise such other powers as may be prescribed.
(3) Every Inspector shall be deemed to be a public servant within
the meaning of the Indian Penal Code (45 of 1860).
(4) Any person required to produce any document or thing or to
give information by an Inspector under sub-section (2) shall be
legally bound to do so.]
18.
Penalty.
18. Penalty.- 1*[(1) If any employer contravenes any of the
provisions of this Act or any rule or order made thereunder, he shall
be punishable with fine which may extend to two hundred rupees.
(1A) Whoever, having been convicted of any offence under this
Act, is again convicted of an offence involving the contravention of
the same provision, shall be punishable with fine which may extend to
five hundred rupees.
(1B) Where an offence has been committed by a company, every
person who, at the time the offence was committed, was in charge of,
and was responsible to, the company for the conduct of the business of
the company, as well as the company, shall be deemed to be guilty of
the offence and shall be liable to be proceeded against and punished
accordingly:
---------------------------------------------------------------------
1. Subs. by Act 65 of 1962, s. 6, for sub-section (1) (w.e.f. 15-1-
1963).
330H
Provided that nothing contained in this sub-section shall render
any such person liable to any punishment provided in this section if
he proves that the offence was committed without his knowledge or that
he exercised all due diligence to prevent the commission of such
offence.
(1C) Notwithstanding anything contained in sub-section (1B),
where an offence under this section has been committed by a company
and it is proved that the offence has been committed with the consent
or connivance of, or that the commission of the offence is
attributable to, any gross negligence on the part of any director,
manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty
of such offence and shall be liable to be proceeded against and
punished accordingly.
(1D) For the purposes of this section,--
(a) "company" means any body corporate and includes a firm
or other association of individuals; and
(b) "director" in relation to a firm means a partner in the
firm.]
(2) No Court inferior to that of a Presidency Magistrate or a
Magistrate of the first class shall try any offence punishable under
this section.
(3) No Court shall take cognizance of an offence under this
section, unless the complaint thereof is made within six months of the
date on which the offence is alleged to have been committed.
19.
Indemnity.
19. Indemnity.- No suit, prosecution or other legal proceeding
shall lie against the Chairman or any other member of the Board 1*[or
the person constituting the Tribunal] 2*[or an Inspector appointed
under this Act] for anything which is in good faith done or intended
to be done.
19A.
Defects in appointments not to invalidate acts.
3*[19A. Defects in appointments not to invalidate acts.- No act or
proceeding of the Board shall be questioned on the ground merely of
the existence of any vacancy in, or defect in the constitution of the
Board.
19B.
Saving.
19B. Saving.- Nothing in this Act or the Working Journalists
(Fixation of Rates of Wages) Act, 1958 (29 of 1958) shall apply to
4*[any newspaper employee] who is an employee of the Government to
whom the Fundamental and Supplementary Rules, Civil Services
(Classification, Control and Appeal) Rules, Civil Services (Temporary
Service) Rules, Revised Leave Rules, Civil Service Regulations,
Civilians in Defence Services (Classification, Control and
---------------------------------------------------------------------
1. Ins. by Act 6 of 1979, s. 5 (w.e.f. 31-1-1979).
2. Ins. by Act 65 of 1962, s. 7 (w.e.f. 15-1-1963).
3. Ins. by s. 8, ibid. (w.e.f. 15-1-1963).
4. Subs. by Act 60 of 1974, s. 5, for "any working journalist".
330I
Appeal) Rules or the Indian Railway Establishment Code or any other
rules or regulations that may be notified in this behalf by the
Central Government in the Official Gazette, apply.]
20.
Power to make rules.
20. Power to make rules.- (1) The Central Government may, by
notification in the Official Gazette, make rules to carry 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) payment of gratuity to working journalists;
(b) hours of work of working journalists;
(c) holidays, earned leave, leave on medical certificate,
casual leave or any other kind of leave admissible to
working journalists;
1*[(d) the procedure to be followed by the Board 2*[or, as
the case may be, the Tribunal,] in the discharge of its
functions under this Act;
(e) the form of nominations, and the manner in which
nominations may be made;
(f) the manner in which any person may be appointed for the
purposes of sub-section (3) of section 5A;
(g) the variation or cancellation of nominations;
(h) the manner of giving notice under clause (a) of sub-
section (2) of section 12;
(i) the registers, records and muster-rolls to be prepared
and maintained by newspaper establishments, the forms
in which they should be prepared and maintained and the
particulars to be entered therein;
(j) the powers that may be exercised by an Inspector;
(k) any other matter which has to be, or may be,
prescribed.]
3*[(3) Every rule made under this section shall be laid as soon
as may be after it is made before each House of Parliament while it is
in session for a total period of thirty days which may be comprised in
one session 4*[or
---------------------------------------------------------------------
1. Subs. by Act 65 of 1962, s. 9, for cls. (d), (e) and (f) (w.e.f.
15-1-1963).
2. Ins. by Act 6 of 1979, s. 6 (w.e.f. 31-1-1979).
3. Subs. by Act 65 of 1962, s. 9, for sub-section (3) (w.e.f. 15-1-
1963).
4. Subs. by Act 60 of 1974, s. 6, for "or in two successive
sessions".
330J
in two or more successive sessions], and if before the expiry of the
session 1*[immediately following the session or the successive
sessions aforesaid], both Houses agree in making any modification in
the rule or both Houses agree that the rule should not be made, the
rule shall thereafter have effect only in such modified form or be of
no effect, as the case may be; so however that any such modification
or annulment shall be without prejudice to the validity of anything
previously done under that rule.]
21.
[Repealed.]
21. [Repeal of Act 1 of 1955.] Rep. by the Repealing and Amending
Act, 1960 (58 of 1960), s. 2 and Sch. I.
SCHE
See section 2 (d)
2*[THE SCHEDULE
[See section 2(d)]
1. For the purposes of clause (d) of section 2,--
(1) two or more newspaper establishments under common control
shall be deemed to be one newspaper establishment;
(2) two or more newspaper establishments owned by an individual
and his or her spouse shall be deemed to be one newspaper
establishment unless it is shown that such spouse is a sole proprietor
or partner or a shareholder of a corporate body on the basis of his or
her own individual funds;
(3) two or more newspaper establishments publishing newspapers
bearing the same or similar title and in the same language in any
place in India or bearing the same or similar title but in different
languages in the same State or Union territory shall be deemed to be
one newspaper establishment.
2. For the purposes of paragraph 1 (1), two or more
establishments shall be deemed to be under common control--
(a) (i) where the newspaper establishments are owned by a common
individual or individuals;
(ii) where the newspaper establishments are owned by firms, if
such firms have a substantial number of common partners;
(iii) where the newspaper establishments are owned by bodies
corporate, if one body corporate is a subsidiary of the other body
corporate, or both are subsidiaries of a common holding company or a
substantial number of their equity shares are owned by the same person
or group of persons, whether incorporated or not;
(iv) where one establishment is owned by a body corporate and the
other is owned by a firm, if a substantial number of partners of the
firm together hold a substantial number of equity shares of the body
corporate;
(v) where one is owned by a body corporate and the other is owned
by a firm having bodies corporate as its partners if a substantial
number of equity shares of such bodies corporate are owned, directly
or indirectly, by the same person or group of persons, whether
incorporated or not, or
(b) where there is functional integrality between concerned
newspaper establishments.]
---------------------------------------------------------------------
1. Subs. by Act 60 of 1974, s. 6, for certain words.
2. Ins. by Act 31 of 1989, s. 4, retrospectively.
|
