THE WORKING IOURNALISTS AND OTHER
NEWSPAPER EiVIPLOYEES (CONDITIONS
OF SERVICE) AND MISCELLANEOUS
PROVISIONS ACT, 1-955
INTRODUCTION
A large number of persons are employed in the "u1?::
newsPaPerg a1d qliodicals being
published in India. Every newspaper or p'eriodical establishment-hid
devised its own way of
employing persons to iun its working. The Covemment of lndia constituted
the Press
Commission to enquire, among oth", tfirrgs, into the conditions of
employment of working
journalists. The Press Comrniision made certain recommerdations for improvement
and
'r"lrfutior, of such service conditions by means of legislation' Accordingly the Working
]ournalists (Conditions of Service) and Miscellaneous
Piovisions Bill was introduced in the
Parliament.
STATEMENT OF OBIECTS AND REASONS
The press commission which was constituted by Government to
inquire, among other
things, into the
"or,dirio.,,
of employment of working journalists, have made certain
recommendations f- mprorrement u.,i ,ugrtution of suih'service conditions by means
of
legistation. These recomrnendations .or", milnimrm period of notice, gratuity,
provident f,nd'
settlement of industrial disputes, leave with pay, houis of work
and minimum wages' All these
aspects are covered in the Bill which geneially follows the lines indicated by the
Press
Commission; the determination of minimi* *ug!r has however, for various reasons,
been left
to a Board to be constituted for this purpose'
2. The Commission also suggest"a tnl application of the Industrial Employment
(Standing
orders) Act,1946, and the Empioyees Provident Funds Act,1952, to the
industry' and such
application is also fr""ra"a fJt i" the Bilt in respect of estabiishments
exceeding a certain
minimum size.
3. In order to provide a longer period of notice in certain cases
of retrenchment' necessary
legislative provision in respect oj tnu application of the Industrial
Disputes Act' 1947 '
has been
included in the Bill.
4. A transilional clause is also included to cover cases of retrenchment'
which has occurred
after the Press Commission signed their report but before the application
of the Industrial
Disputes Act, 1947, to working journaiists'
ACT 4s OF 1es5
The working Journalists (Conditions of Service) and Miscellaneous
Provisions Bill having
been passed by both the Houses of Parliament received the assent of
President on 20th
December, 1955. It came on the statute Book as THE WORKING IOURNALISTS
(CONDITIONSoFsgnvtcg)ANDMISCELLANEOUSPROVISIoNSACT,Ig55(45of1955).
By section 2 of the Working igulafisls (Conditions of Service) and Miscellaneous
Provisions
(Amendment) Act, 1974 $d;f D74) thenomenclature of Act was changed and now
it stands
asTHEWORKINGIounxer-ISTSANDoTHERNEWSPAPEREMPLOYEES(CONDITIONS
oF SERVICE) AND MISCELLANIEOUS PROVISIONS ACT, 1955
(45 of 1955)'
LIST OF AMENDING ACTS
1. The Repealing and Amending Act, 1960 (58 of 7960)'
Z. The Working iournalists (AmLndment) Act, 1962 (.65 of 1962).
3. The Central Labour Laws (Extension to ]ammu ancl Kashmir Act' 1970
(51 of 1970)'
4. The Workrng Journalists (Conditions of Service) and Nliscellaneous Provisions
(Amenctment) Act, 7974 (60 of 7974)'
5 The working lo.,^orirrs and other Newspaper Employees (Condilions of service)
and
Misceilaneous Pro"isions (Amendment) Acl' 797c)
('6 of 1979)'
6. The Workingln.,rnnllsts ancl other Newspaper Employees (Conditions of Service)
and
ivliscellaneois provisions (Amendment) Act, 19Bl
(36 of 1981).
7. The Working-iounialists ancl other Newspaper Emplovees (Conclitions of Service)
and
Ivlisceilaneois provisions (Amendment) Act, 1989
(31 of 1989).
8. The Working-lournalists ancl other Newspaper Emplovees (Conditions of Service)
and
Miscellaneous Provisions (AmenrJment) Acl, 1996
(34 of 7996)'
THE WORKING JOURNALISTS AND OTHER
NEWSPAPER ElVlPLOYEES (CONDITIONS
OF SERVICE) AND MISCELLANEOUS
PROVISIONS ACT, 1955
INTRODUCTION
A large number of persons are employed in the various newspapers and periodicals being
published in India. Every newspaper or periodical establishment had devised its own way of
employing persons to run its working. The Government of India constituted the Press
Commission to enquire, among other things, into the conditions of employment of working
journalists. The Press Commission made certain recommendations for improvement and
regulation of such service conditions by means of legislation. Accordingly the Working
Journalists (Conditions of Service) and Miscellaneous Provisions Bill was introduced in the
Parliament.
STATEMENT OF OBJECTS AND REASONS .
The Press Commission which was constituted by Government to inquire, among other
things, into the conditions of employment of working journalists, have made certain
recommendations for improvement and regulation of such service conditions by means of
legislation. These recommendations cover minimum period of notice, gratuity, provident fund,
settlement of industrial disputes, leave with pay, hours of work and minimum wages. All these
aspects are covered in the Bill which generally follows the lines indicated by the Press
Commission; the determination of minimum wages has however, for various reasons, been left
to a Board to be constituted for this purpose.
2. The Commission also suggested the application of the InduStrial Employment (Standing
Orders) Act, 1946, and the Employees Provident Funds Act, 1952, to the industry, and such
application is also provided for in the Bill in respect of establishments exceeding a certain
minimum size.
3. In order to provide a longer period of notice in certain cases of retrenchment, necessary
legislative provision in respect of the application of the Industrial Disputes Act, 1947, has been
included in the Bill.
4. A transitional clause is also included to cover cases of retrenchment, which has occurred
after the Press Commission signed their report but before the application of the Industrial
Disputes Act, 1947, to working journalists.
ACT 45 OF 1955
The Working Journalists (Conditions of Service) and Miscellaneous Provisions Bill having
been passed by both the Houses of Parliament received the assent of President on 20th
December, 1955. It came on the Statute Book as THE WORKING JOURNALISTS
(CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955 (45 of 1955).
By section 2 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions
(Amendment) Act, 1974 (60 of 1974) the nomenclature of Act was changed and now it stands
as THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS
OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955 (45 of 1955).
LIST OF AMENDING ACTS
The Repealing and Amending Act, 1960 (58 of 1960).
The Working Journalists (Amendment) Act, 1962 (65 of 1962).
The Central Labour Laws (Extension to Jammu and Kashmir Act, 1970 (51 of 1970).
The Working Journalists (Conditions of Service) and Miscellaneous Provisions
(Amendment) Act, 1974 (60 of 1974). .
The Working Journalists and other Newspaper Employees (Conditions of Service) and
Miscellaneous Provisions (Amendment) Act, 1979 (6 of 1979).
6. The Working Journalists and other Newspaper Employees (Conditions of Service) and
Miscellaneous Provisions (Amendment) Act, 1981 (36 of 1981).
7. The Working Journalists and other Newspaper Employees (Conditions of Service) and
Miscellaneous Provisions (Amendment) Act, 1989 ('31 of 1989).
8. The Working Journalists and other Newspaper Employees (Conditions of Service) and
Miscellaneous Provisions (Amendment) Act, 1996 (34 of 1996).
1
FWPT“
IU’I
“a...
.54.
THEWORKINGIOURNALISTSANDOTHER
NEWSPAPEREMPLOYEES(CONDITIONS
OF SERVICE) AND MISCELLANEOUS
PROVISIONS ACT, 19551
(45 of 1955)
l20th Da.centber, 19551
An Act to regulata certain conditions of seraica o-f uorking journalists nnd other
persons employe.d in newspaper estnblishments'
Br it enacted by Pariiament in the sixth Year of the Republic of India as
follows:--
CLIAPTER I
PRELIMINARY
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.-In this Act, unless the context otherwise
a[(a) "Board" means-
(i) in relation to working journalists' tl-re Wage
under section 9; and
(ii) in relation to non-journalist newsp_aper employees, the wage
Board constituted under section 13C;]
(b) ,'news paper" means any plinted periodical work containing public
news o, Io**"nts on f"fU. t "*i
and includes such other class of
printed period.ical *ork as may, from time to time, be notified in this
ilehalf by the Central Government in the Official Cazette;
(c) ,,newspaPer employee,, mean' 1.y working
jotrrnalist,.u,..9 includes
a.,y oti-,e. p"rro., employed to do any work in, or in relation to, any
newsPaPer establishmen|
(d) ,'newspaper estabiishment" means an establishment under the
control o? ,"y person or body of persons, whether incorporated or
not, for the production or ptrblication of one or more newspapers
or
for conduc^ting any news a8encv or syndicate
s[and includes
newspaper establishments tp"ifi"a as one c'stabiishment under the
Schedule;
, i*r""r"O to G,ru, Darna^ a1t1 Diu by Reg. 11 of 1963, sec 3 aucl Sch and to Pondicherry
by
Act 2(r of 1968, sec. 3 and Sch'
2. Strbs. by Act 60 t'i 1,974, sec. 2, for "worki,ug Jotunalists" (w'e'f' 27-72-7974)'
3. Tlre words "except tire state of Jammu and Kasirmir" ornittecl by Act 51 of 1970' sec'
2 and
Sclr. (w.e.f. 1-9-7971).
.1. Strbs. by Act 60 of 7974, sec 3, for clause (a) (u''e'f' 27j12-1974)'
5. Ins. by Act 37 of 7989, sec' 2 (w'r'e'f' 20-72-7955)'
_2
requues/-
Board constittrted
THE WORKING JOURNALISTS AND OTHER
NEWSPAPER EMPLOYEES (CONDITIONS
OF SERVICE) AND MISCELLANEOUS
PROVISIONS ACT, 19551
(45 of 1955)
[20th December, 1955]
An Act to regulate certain conditions of service of working journalists and other
persons employed in newspaper establishments. .
Br: it enacted by Parliament in the Sixth Year of the Republic of India as
follows:-~
CHAPTER 1
PRELIMINARY
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[Ht].
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;
(d) “newspaper establishment” means an establishment under the
control of any person or body of persons, whether incorporated or
not, for the production or publication of one or more newspapers or
for conducting any news agency or syndicate 5[and includes
newspaper establishments specified as one establishment under the
Schedule;
1. Extended to Goa, Daman and Diu by Reg. 11 of 1963, sec. 3 and Sch. and to Pondicherry by
Act 26 of 1968, sec. 3 and Sch.
2. Subs. by Act 60 of 1974, sec. 2, for ”Working Journalists" (wet. 21—12—1974).
3. The words “except the State of ]ammu and Kashmir” omitted by Act 51 of 1970, sec. 2 and
Sch. (wet. 1-9-1971).
<1. Subs. by Act ()0 of 1974, sec. 3, for clause (a) (w.e.f. 21-12-1974).
Ins. by Act 31 of 1989, sec. 2 (w.r.e.f. 20—12—1955).
-2
p1
Sec. 2l The working Joumalists and other Newspaper Employees 3
(Conditions oiservice) and Miscellaneous Provisions Act, 1955
Eiplnnntion.-For the purposes of this clause'-
(a) different departments, branches and centres of newspaper
establishmerrtsshallbetreatedaspartsthereof;
(b)aprintingPressshallbedeemedtobeanewspaper
establishm"eni if the principal business thereof is to prinf
newspaper;]
tt(dd) ,,non-journalist newspaper employee" means a person employed to
do any *ork in, or in relation to, u.,y newspaper establishment, bttt
does not inciude 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 c-apacity' performs' either by
the riature oithe duties ittached-to his o{fice orby reason of the
powers vested in him, functions mainly of a managerial nature;]
(e) "prescribed" means prescribed by rules made under this Acu
2[(ee) "Tribttnal// Pgnns-
(i) in relation to working journalists, the Tribunal constituted under
section 13 AA; and
(ii) in relation to non-jourrnalist newspaper employees, the Tribunal
constituted under section 13 DD;]
3[(eee; ,,wages" means all remuneration capable of b.eing expressed in
term's of monev, which would' if the Lerms of employment'
expressedorimplied,wereftrlfilled,bepayabletoanewspaper
emplovee in respect of his employment or of work done in such
emPlolrment, and includes-
(i)strchailowances(inciudingdearnessallowance)asthe
newspaperemploveeisforthetimebeingentitledto;
(ii) the valtre of any house accommodatiort, or of strpply of light,
water, medical attend.ance or other amenity or of any service or
(iij) ::;li:,:x;:#"::"::t-v*
of foodgrains or other articles;
but does not inch-rde-
(a) ;lnv bonlts,
(b) anv contrilrution paii'-l or: pavable bv the .employer to-
any\*/
f"..i"rl iuii<l or proviclent ir.tn,i r:i: for the
irenefit ol'the
newspaper empl,xeg rll'ler aiif i'lr't" for the tinie being in
force;
(c) irnv grraitttit-,2 p;rvable on the termi:"tation of iiis serVicc'
t-'tplnn"ntio'i'-it' this clar-rse' tire l-er:l
'\'rgcs'- shail 'tlso itrcltrcle
rrer.r, allorvc-rrlc€s, if anv, of ;rnt' descriptirln fixed frorn ltme tc'' time;l
[r'rs. br,' r\ct (r() trt it)7'[, sec 3 (''v e'f' 21-12-1q74)
lns. b,,' ,\ct (r of lc)79, sec. 2 (w e f 3l-l-1979)
Ins. by .\ct 3l ot 1989, sec. 2 (w.e.f 28-8-1989)'
1l
:i
ri
I
I
'i
I
l
t.
')
J.
Sec. 2] The Working Journalists and Other Newspaper Employees 3
(Conditions of Service) and Miscellaneous Provisions Act, 1955
Exblanation.——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;]
l[(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;
2[(ee) ”Tribunal” means—
‘ (i) in relation to working journalists, the Tribunal constituted under
section 13 AA; and
(ii) in relation to non—journalist newspaper employees, the Tribunal
constituted under section 13 DD;]
3[(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 foodgrains 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 fay-v for the time being in
force;
(c) any gratuity payable on the termination of his service
EgrplnnizliOiz.~—i,n this. clause, the term ”\Arages” shall also include
new allowances, if any, of any description fixed from time to time}
l his. by «'\ct (it) of W74, sec. 3 (wet. 2147:1974)
2. Ins by {\ct (w of 1979, sec. 2 (wef 3l—l—l979).
"x Ins. by Act 3'1 of 1989, sec 2 (w.e.fi28—8-1989).
TheWorkingJournatistsandotherNewspaperEmployees[Sec.2
(conditions" d'sr*irr) and Miscetlaneous Provisions
Act, 1955
(0,,workingjournalist,,meansaPersonwhoseprincipalavocationis
that of ;lo';rnaiist urr6
tiionolr'"*ptoyed as such, either whole-time
or part-iime, in' or ln relation. to' one or
more newspaper
establishments],andincludesaneditor,aleader-writer,newseditor,
sub-editor,feature-writer'copy-tester'reporter'corresPondent'
cartoonist, news-pi-,otog-rapner"a.,a
proof-reader, but does not
include anY such Person who-
(i)isemployedmainiyinamanagerialoradministrativecapacity,
or
(ii) being empioyed in a supervisory capacity'
performs' either by
the nature of the o"[ut*itt^tn"a'to fi1
officoor b1:::'tt" of the
p;;;;sted in him, functions mainly of a managerial
nature;
(g)allwordsandexpressionsusedbutnotdefinedinthisActand
defined in the Industriai;r;;1;r act,794z
(14 of 1947), shail have
ti're mJa'l"tts respectively assigned
to them in that Act'
COMMENTS
Evenanex-employee,whoseemploymenthascometoanendasaresultofhis
resignation, comes'#i# ,n"'"*uii
tf
iil;;f,.ritio^ o-f 'working journalist'; Bennett
Coleman €t Co- e') Ltd' v' Punya Priya Das Gupta'
AIR 1970 SC 426'
CHAPTER II
WORKING IOURNALISTS
3. Act t4 of 1947 toaPply to workinq iournal'sts'-(1)
The provisions of the
tndustriat Oisputei Xct, tgq. $4;;'i;fr), as in
fo:t" foi the time being' shall'
subiect to the *J;i.;Lr, ,p..iriu;;;"t-rection
(2), apply to' or in relation to'
working io.,rr',urii';-;h"f apPi; ;;'-;;
in telation to' *ortmen within the
*'"H8.:1,:11#:r
thu ufor"said Act, in its applicarion
to working journarists,
sha, be .o^rtrr.j ;; ii * clause_ Ai;ilr."f, rJrjr," period
of
-notice
referred to
therein in relatioi i" it "
,etrencl#ur,i or a'*orkmul", the follo*P'
periods of
noticeinrelationtotheretrenchmentofaworkingjournalisthadbeen
substituted, namelY:-
(a) six months, in tl're case of an editor'
and
(b) three months' in the case of any other
working journalist'
4.Specialprovisionsinrespectofcertaincasesofretrenchment.-\Alhereat
any time berween if,u r+tf, drf "il;il,-ieS+,
and the 12th day of March' 1955'
any work*g;or*rfist had beln;#;"i.il, ne
snaff be entitled to receive from
the employer- , ^-^ to which he was entitled(a) wages for one. month at the rate
i**.liri"ry l"1or" his retrenchment, unless he
had been given one
month,s notice ," *'i,i.l-t"ro'. such retrenchment;
and
(b)compensationwhichst.a[beequivalenttofifteendays,averagepay
f", y".J; .ffiil;.;;;; .} '.*i." under
that employer or any part
thereof i't "*tbtt
of six months'
-;rjy
A"t 36 of Lgg1, sec. 2, for 'who is employed
as such in, or in relatron to' any
'
;;P;'Per establishment" (w'r'e'f' 13-s-1980)'
'4 The Working Journalists and Other Newspaper Employees [Sec, 2
(Conditions of Service) and Miscellaneous Provisions Act, 1955
(f) ”working journalist” means a person whose principal avocation is
that of a journalist and 1[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, news—photographer 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.
COMMENTS
Even an ex—employee, whose employment has come to an end as a result of his
resignation, comes within the ambit of the definition of working journalist'; Bennett
Coleman E; Co. (P.) Ltd. v. Punya Priya Das Gupta, AIR 1970 SC 426.
CHAPTER II
WORKING IOURNALISTS
3. Act 14 of 1947 to apply to working journalists—(1) The provisions of the
Industrial Disputes Act, 1947 (14 of 1947), as in force for the time being, shall,
subject to the modification spec1fied 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—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.
_________._._——#——-—
I. Subs. by Act 36 of 1981, sec. 2, for ”who is employed as such in, or in relation to, any
newspaper establishment" (w.r.e.f. 13-8—1980).
Sec. 5l The Working Journalists and Other Newspaper Employees
(Conditions of Seruice) and Miscellaneous Provisions Act, 1955
1[S. Payment of gratuity.-(1) Where-
(a) any working journalist has been in continuous service, whether
beiore 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 acticn; or
(ii) he retires from service on reaching the age of suPerannuation; or
(b) any working journalist has been in continuous service, whether
beiore or after the commencement of this Act, for not less than ten
years in any newspaper establishment, and he voluntarily 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
beiore or after the commencement of this Act, for not less than three
years in any newspaper establishment, and he voluntarily resigns on
br after the 1st diy of !u.\y,1961, from service in that establishment
on the ground of conscience; or
(d) any working journalist dies while he is in service in a.y 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 !! llf benefits
or rights accruing under the Industiial Disputes Act, 7947 (74 of 1947), be paid,
on sirch terminition, retirement, resignation or death, by the empioyer in
relation to that establishment gratuity which shall be equivalent to Jifteen 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 ciause (b), the
total amount of gratuity that shall be payible to him shall not exceed lwelve and
haif months' average PaY:
provided further that where a working journalist is employed in any
newspaper establishment wherein not more than six working journalists were
emptoyea on any duy of the twelve months immediately -preceding the
commencement "t
thi; Act, the gratuity payable to a working journalist
employed in any such newspaper establishment for any period of service before
such commencement shall "ot
Uu equivalent to fifteen days' average pay _f.or
every completed year of service o. any part thereof in excess of six months but
shall be equivalent to-
(a) three days' average pay for every completed y?u, _of service or any
part thereof in excess oi six months, if the period of such past service
does not exceed five Years;
(b) five days' average pay for every completed ye_ar -of service
or any
part thereof in excess of six months, if lhe period of such past service
exceeds five years but does not exceed ten years; and
-1-S;b" by A.t 65 of 1962, sec.3, for section 5
(w'e'f' 15-1-7963)'
Sec. 5] The Working Journalists and Other Newspaper Employees 5
(Conditions of Service) and Miscellaneous Provisions Act, 1955
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 voluntarily resigns on
or after the lst 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 lst 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
; ,r, *:,!,!f !!li!!;2llr^u;,?Jl,ill:,Y'i::;:,f#'fJf"'nuu
rsec 5
, :;":"i'f :
"
l ::; ;;;:1,*.m; :;HJ"'"
0 v e ar o r s e rv ice
o r anv
p"t
'n?lJ"r
* l.tE"''""I*;;;(t' if the putioa
o[ sucir past serr tce
exceeds ten years' -- of this sub-section a.d
s'"rb-section (1) of
Lxplnrntio[.-For the
purposes
.u.,it#"1'7',']jirn'rrir" means- rr working iournalist, his 't'ido''1''
children'
="'
t' on'
l ; l^l'i": *i,:i o"iT[,.x;#:?lttiiil"
j""t p aren ts a. d the
*raoJu"u'J 'r"u'"1:l*t:t1ii;:i"*'oX1*"0 to !." member
of the
Provided that a-wid io,rnalist if at tn"'ii*" of
his death s.e was
familY of the worktng
,,,, fii,i".'*l t"' :"'t x,I
*#?iii'H'[fi er hu s b an d' chil d ren'
whether married ",
.iil;;riJl;r,a, g'"-J"pt"d:lt
p11"nts of the
working iourna-Iist o,.o?,*,
i.,,uu,..,a, ;;j;fi" widow and
children
of her deceased son:
Providedthatiftheworking]:.'..lljthasexpressedherdesireto
exclude her r'usbat'i
i'"*- irtt r'*iv'
"'iie"
husband and his
a"pu,..a"'.t parents
,r.]rr ,,ot u. du",,.uj,
i" u" a part of the working
journalist's familY'
and in either of tr-,"
above two cases, if the
child
rof
a worki"g i?llluiist or
of a
deceased son of
"u
*orr.ir,e i"1rr^^i*,iu'-u""'t 'oip'"i
ov uiotrt"t person and
if under *,e perslnuiiu*-oi
,r'"'ll;;i;;; 'aop'io'il
*t*' recosnised' such a
chiid sha, nor U"'.or,rla.red
as, H"'fi;; of tf'" fu*iiyl?
t(e workrng journaiist'
(2) Any dir;'t" *h"th"' 1yilil#;r"*"i1'1t
it" r'oluntaril' ftT:iil"#
serv ice in any'';:; ,n
;;;;
-* Yf;;;:1;*',.tJ
"Hi$ J "+-lff"-i;;' t'iul
i".*"a- to be an industnat
c
*iH[:,ff ';^iiifl,s,1::f ;':'lir*]itgd*iiq-'#;l;"' -tgi"Where a nominee' it' li
become payau[ during
r.i, **o.,ii; ;^;[,11u. p,,a
i," I pl,'o" appointed under
sub-sectio" tgi of r".tt,l ?o.- ,",..,o suchperson, payment shall,be
made to any
"*- pio"ia"a 't#t;il;;' 't::: I fiXi'";ir%"#;? #;il"*pltenl-;ourt
or where
s,Ji;;;r",[i*"*ffil'l'J;;Ait either ;.^*"i;i-'he minor,
or where
i:;*'lrx:lt'riil,i!':?",i[;il;;"'diii':1'1;" ilffii: I:,'*o or
more
":fi#:1J.:1'xt'
s*;3:':'ff f;T,";il; ;*li;";r"ii
be paid'Lo tire
""1[t?il"#il""",'ntilit']^s'"YT:':'i;lli.:,"T"1{ilT"5"?:"iff,
contained #"il;l;" iT,:l',-:'#:, Ti":";"ril'i.i-;'i,r,ll: io a vuorkins
testamentary or otherr't'rse
u-
i ourn a i i s u :lT. t x 1nH lli :tr*;i $ilff
: l-i ff tTl tx"'fJ
,ii:
confer o" o:] I=i -,Jt.,n i"orr*ulist, the "uT".l:-t^:fl1 i"'"^ia the sum duebeing a.,u t3 i.," *o,t*g
p;*ii,t, tn..""#;;;i1, .["
tr.'J death of the
ilTt;3.',"ilH'i?'tfu *r.ffi'r5*=T:ll#:'H'Hffi
''"'i'i''u'lio"i'
in respect LrtErcv.r f i" ,n" prescribed manner.t*d
:t :'i::"jz 0t Doz,sec. 3, for section 5 (w'e'f'
15-1-1e63)'
1. Subs' b)' Act 6:
————————i
6 The Working Journalists and Other Newspaper Employees [See 5
(Conditions of Service) and Miscellaneous Provisions Act, 1955
(c) seven days’ average pay for every completed year of service of any
part thereof in excess of six months, if the period of such past service
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;
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.
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 shallbe paid to a person appomted under
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
' 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.
/
i 1. Subs. by Act 65 of 1962, sec. 3, for section 5 (w.e.f. 15-1—1963).
Sec. 101 The working Jottrnalists and
other Newspaper Empl.oyees
(Conditions ols"iri) and Miscellaneous Provisions Act, 1955
Act 65 of
Act 65 trf
Act 34 of
Act 34 of
Act 34 of
(2)Anynominationreferredtoinstrb-Section(1)shal|b-":1l:^]oidifthe
nomineep,ed'ece,ses,orwheretherearetwoormorenominees,allthe
nominees p,"au."u,e,,the working jotrmalist making
the nomination.
(3) \Mhere the nominee is a minor, it shall be lawful for the working
joumalist makinf the nomination to appoinl .u"Y Person
rn the prescribed
manner to recerve the grat,ity lr, if,e "'Jtit
of his a"utf' during the minorify of
the nominee.]
S.Hoursofwork.-(1)SubjecttoanyrulesthatmaybemadeunderthisAct,
no rvorking jotrrnalist shall be required or allowed
to work in any newspaper
establishment for more than onJ hundred and forty-four
hotrrs during any
period. of four consecutive weeks' "*ti"it'u
of the time for meals'
(2)Everyworkingjournalistshalibeallowedduringanyperiodofseven
consecutive days rest ior a period of not less than
twenty-f9ur c.onsecutive hours'
the period between 10 P'Ni' 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.-without prejudice to such holidays, casual
leave or other kinds of
leave as may be prescribed, "rury
*orking journalist shall be entitled to-
(a) eamed leave on fuli wages fJr 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'
i[g. Fixatio* J, revision_ of rates of wages.-(1) The
Central Govemment
may, in the manner hereinafter provided'-
(a) fix rates of wages in respect of working
joumalists;
(b)revise,fromtimetotime,atsuchintervalsasitmaythinkfit,the
ratesofwagesfixedund'erthissectionorspecifi:dii.theordermade
under section O of the Working Joumatists
(Fixation of Rates of
Wages) Act, 1958 (29 oi 1958)'
(2)Theratesofwagesm.lybefixedorrevisedbvtheCentralGovernment
in respect of working iournalirtr-io. time work
and ior piece work']
2[9. procedure for fixing and revising rates of wages'-For
the purpose of
fixing o, ,.ririr[;* of *I.ges *.-*O"ifof working iournalists
under this Act'
the Central Gov[rnment shall, as and *hu. tt"t""uiy'
constitute a Wage Board
which shall consist of-
(a):r[threepersons]representingempioyersinrelationtonewspaper
establishments;
(b) a[three persons] representing working jotrrnalists;
(c)s[fotrrinclependentpersons],o.'"ofwhomshallbeapersonwhois,
orhasbeen,aJttdgeofaHighCotrrtortheSupremeCourtandwho
shallbeappointedbythatGovernmentastheChalrmanthereof'l
1962, sec. '4, for section 8 (rv'e f' 15 1-1963)
)tgoz., ur.4, for section 9 (w'e'i' 15-i-1963)',
1996, sec. 2(i), for tft" *otao "lwo persons"
(w'e'f' 28-9-19-96)'
1996, sec. 2(ii), for the words "iwo persons"
(w e'f' 28'-9-]:9.-6)'^^.
1996, sec. 2(iii), for "three intlependent persons"
(w'e'f' 28-9-L996)
1.
2.
.r.
4.
5.
Strbs. Lr1,
StiL,s. by
Sr"rbs. bv
SuL.s. by
Subs. by
Sec. 10] The Working Journalists and Other Newspaper Employees 7
(Conditions of Service) and Miscellaneous Provisions Act, 1955
(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—(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 RM. 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—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.
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;
(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]
2[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) 3[three persons] representing employers in relation to newspaper
establishments;
(b) J‘[three persons] representing working journalists;
(c) 5[four 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]
1. Subs. by Act ()5 of 1962, sec. 4, for section 8 (w.e.f. 15-1—1963).
2. Subs. by Act 65 of 1962, sec. 4, for section 9 (w.e.f. 15-1-1963).
3. Subs. by Act'34 of 1996, sec. 2(i), for the words “two persons” (w.e.f. 28-9—1996).
4. Subs. by Act 34 of 19%, sec. 2(ii), for the words ”two persons" (w.e.f. 28—9—1996).
5. Subs. by Act 34 of 19%, sec. 2(iii), for ”three independent persons” (w.e.f. 28-9—1996).
BTheWorkingJournalists,andotherNewspaperEmployees[Sec.10
(conditiois'-'o,i sr*i"r) and Miscellaneous Provisions
Act, 1 955
1[10. Recommendation by Board._(1)
The Board shall, by notice published
i, such mal.,ner ,, i, ini^t, fii call uPon.new:,p^q:1 9:tablishmentT":
working
journalists ,.a oir,", pel:ons interested in the fixation
or revision of rates of
Wages of ,*,orking lournalists to *ut.. ,,.t.,
rep.resentations as thev maY 0rink
fit
as respects the.;,;;i'*ugu, *hi;;*rV U.ifxed
or re,ised under this Act in
,"rpu.t of working journalists'
(2)Everysuchrepresentationshallbeinwritingandsha.l]bem3dewithin
such period as the Board *rr- rpu".rfy ; the
notice"and shall state the rates of
wases 'u,hich, i" ;" ;i"1"" ;lf i-J;#;; 1,1ltlq lhe
representation' would be
reasonable, having regard to the
.;;;;ity of the t"*ptoyui to pay the same or to
anv other circlrmstance, whict "r"it*,y '"u*
relevint io the person making the
;#r;ilr;i"" i" t"ration to his representation'
(3)TheBoardshailtakeintoaccounttherepresentationsaforesaid,ifany,
and after "*u**i.[
tnu *utu.rut' ptutta before it make such
recommendations
as it thinks fit to th? Centrrt cor"lrfi.i, r- ir...
-ri*utio"
or revision of rates of
wages in respect-oi *ort*g 1or;dirts; and
any- such recommendation may
soecifv, whether prospective;ly or;;;ffii""ry'
ih" dutt from which the rates
"i
*''# 'l:X',iJ*;"ji:"I-:ndations to the centrar Government, the Board
shall hav" ,"guid to the cost ;i-1i;itg,
the .prevalent
rates of wages for
comparabr" "*iiJy*91i,
,f,. :::;;hc"es
relating to the newspaler industry
in different regrori of the.orr-rtrfur',Ji" ""y "trteicircumstances
which to the
Board may seem relevant']
2|Explanation,-Forthe removal of doubts, it iS hereby
declared that nothing
inthissub-sectionshallpreventtn"nou,afrommakingrecommendationsfor
fixation o, ,"'i'iott-J 'ui"'
of wages on all h:rdia basis'l
COMMENTS
(i)Sincealltheunitsofanesiablishmentarenotexpectedtoformuniformpay-scaies
for the "*ptoy""s
oi uu the units tffi';:1;;;::*itTi.j; ::",'#T:1?,t5;,li:,;:31
;;;.;i, .d an all India newsPaPel establishment
as a
."rr"r,rl u.,d th" financial .lpu.lti"oi-r1i
tn"^1iits taken together; Indian Express
Newspapers tp.l ia'''"|'i"ii" oimai'' AIR 199s
sc 965'
(ii) In,riu* oisection 2(d) and explanation
to section 10(4) of the Act' the units
of an
establishment which have bran.;;t iii'";;;
ilt; ;;t!'clubbed tosether for the
purposes of fixation of wages^on ;ii hd; ; as;s;
tndian Express Newspapers G) Ltd' v'
'U"iLi ,|lndia, \994(6) lT 269 SC 1" . ,a n^^-r /r\ G,rrlriprr ro tt
3[U.. Pow"* ".a
p,g::dY," of the Board.-(1) Subject
to the provlslons
contained ^
#;;;Jn (2)-, the Board may exerclse all
or any of the powers
which an Industrial Tribu^ut .oirti*i; ,t'itt
tn" t"a"ttrial Disputes Act' 1947
(i4 of tg41),.*"i.ir", for the "dil;;;;n
of
.an
industriai dispuie referred to it
and shali, subject to the proririjif-.o^iui""a
in this Act' and the rules' tt any'
made thereunder, have power to
i"g''tute its own procedure'
(2)Anyrepresentaliollmadeto"theBoardandanydocumentsfurnishedto
it by way of evidence shallU. of""1o
inspection ott piy*"nt of such fee as mav
il" pr"#tbed, by any Person iriterested
in the matter'
2. Added oy'ott ai ti'is}s' sec' 3 (w'e'f '
28-8'-79'89)'
'
3' Subs' uV oti-ii " llqez'
sec' 4' for section i1 (w'e'f' 15-1-1963)'
8 The Working Journalists and Other Newspaper Employees [Sec_ 10
(Conditions of Service) and Miscellaneous Provisions Act, 1955
1[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 rriaterials 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 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] ’
2[I3xplanation.——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] ‘
COMMENTS
(i) Since all the units of an establishment are not expected to form uniform pay—scales
for the employees of all the units they can be prescribed by considering the financial
capacity of an all India newspaper establishment as a whole on the basis of the gross
revenue and the financial capacity of all the units taken together; Indian Express
Newspapers (P.) Ltd. v. Union of India, AIR 1995 SC 965.
(ii) In View of section 2(d) and explanation to section 10(4) of the Act, the units of an
establishment which haVe branches all over India can be clubbed together for the
purposes of fixation of wages on all India basis; Indian'Express Newspapers (P.) Ltd. v.
Union of India, 1994(6) IT 269 SC 1.
3[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.
/———-—
1. Subs. by Act 65 of 1962, sec. 4, for section 10 (w.e.f. 15—1—1963).
2. Added by Act 31 of 1989, sec. 3 (w.e.f. 28—8-1989).
C
3. Subs. by Act 65 of 1962, sec. 4, for section 11 (w.e.i. 15—1—1963).
1l
lr
ii
l
it
'ii
!.
Sec.13A]TheWorkingJourna'listsandotherNewspaperEmntguee.l.9
ponlitioi" of-service) and Miscellaneous Frovisions
Act, 1955
(3)If,foranyreason/aVacancyoccursintheofficeofChairmanoranyother
member of the Board, the Centrai-Government.-shau
fill the vacancy by
appointing anothJr"purio., thereto.
lil u.*tJu"ce wlth the provisions of section
g and any proceedin-g may be .o.,tii.rl;-;;i;;"
the eoard so reconstituted from
ffi
t
I #: ;:*lll lt"#l'iia.3:t["$i te, en r911e re commendations
o r the
wage Board.-(1) As soon as *uy-it urtel llie
receipt of the recommendations
of tie Board., the Centrut Gor.r#7;^;hr11
*ukt'u'l order in terms of the
recommend.ations or subject to ,.,fr'il"aliit"tlt"s'.if
any' as it thinks fit' being
mod.ifications which, in'!he opinion;ilh;-e;"ttiico'iernment'
do not effect
important alterati^Jns i'' tn" th'u'uttt' of the recommendations'
^ (2) Norwirhstanltnq .qyrlyg' .o^id*d
in toult".tlo" (1), the Central
Gov;rnTei'#il''rt"i^'til:l,tit;;"., in the recommendations, not being
modifications of tf," ^uti,iu "futt"a
to in sub-section (1)' as it thinks
fit:
ProvidedthatbeforemakingalYsgchmodifications,theCentral
Government shall .urrr" ,,Jii."io b'e grven
to all persons likely to be
affected thereby in such;;;;;*Eybe
presciibed, and shall take
into account any r"pr"r#iliioL;hi;( tr..i
*uy make in this behalf
Oi ilr}"rtilt;"%*mendarions
or any part thereof to the Board'
in
which case, the centrai corru**unt
shall consider its further
recommendations una'?Ju 1., order either
in terms of the
recommendations o, *itrr'J.,.r, modificatio"t
or the nature referred
to in sub-section (1) as ii tftit'rc fit' r --.^r^- tLic cpntic
(3) Every "rd#;;l;i
*l Central Govemment under this section shall
be
published in the olfi irul burutt
-il;;th;
*ittt the iecommendations of the
board reiating,",t" l.a".La,n"'lii..*ilii;;" into
operation on the date
of publication or ;';;;rt.. *r,.til"i fr[rp".ti"e1y
or retiospectively, as may
belpecified in the order'] .., r r^ -.,aaac ar han those
21tS. Wo.king journalists entitled to wages
at rates not less t
specified in the o-rd"r.-On tf,u .o*ii! iri1o. op"gtutiotl
of an order of the Central
Government under section tZ, euiiy irork'nf lot'*uiitt
shall be entitled to be
paid by his emploY:'y,1g::'t trtt
"ui;";ht?t'srtadin
no case be less than the
rate of wages ,p"ilfiud in the order'l
13A- Power of co"""*J"i to fix
interim rates of wages'-
(1)Notwithstandirtganylhinq.*^.,m"a_"..thisAct,wheretheCentral
Governme.,t i, oiop"inioritf,utlt iu *.urrurl
s: to.do' it may' after consultation
with rhe Board, ;r"[il]t:r*" * iilofft ciil Gazette,
fix interim rates of wages
*
'EYT:;t#"'.1ii.",trJ3r"ilil,-ltJ; so fixed shalr be binding
on all e,mprovers -in
relation to newspaper establishments
and every w-'kin[ jotrrnalist shall be
entitled to be paid *..g"s at a rate
*f itn shalf in no case' be"less than the interim
;il'c"l*i+:,*f ;qU'i;;::";1.[
).,,'d".
sub-section (1 ) shari remain in
force trntil the order of the ce..t,,t Government
under section 12 comes into
operation.]
1-S,tbt-by Act 65 ol 7962' sec' 4' for section
Z. S"Ut' Uy ntt 65 of 1962' sec' 4' for section
12 (w.e.f. 15-1-1963)'
13 (w.e.f. 75-l-1963)'
l
l
rl
!l
1l
Sec. 13A] The Working Journalists and Other Newspaper Employees 9
(Conditions of Service) and Miscellaneous Provisions Act, 1955
(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] '
1[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.
(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.——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——
(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]
1. Subs. by Act 65 of 1962, sec. 4, for section 12 (wef. 15—1-1963).
2. Subs. by Act 65 of 1962, sec. 4, for section 13 (w.e.f. 15-1-1963).
lOTheWorkingJourna.lists,andOtherNewspaperEmptoyees-[Sec'13A
(conditiojs"'oi ir*i"r) and' uiriittrr"ous Provisions
Act, 1 955
COMMENTS
Sincethefixingofinterimwages.,,.,,'n\^Ia)/afinaldecisionaStofixationofrates
of wages, tne purties .o.."r.,"d ;^" ^^f""f"if*'
uttd "iftttive
representation to the
wase Board *,hich makes, after
due .;;i;;r;;ion, fresh t"to*tt'""dations
to the Central
Go.)er.,ment for ".;;;;;;".
Hence, J.:.i.::'ffi'f*:*o"o
under section 12 of the Act
making it incumbe#;;';;"'A;ruicor"r.,ment
to git""n"u'ltg to the,lult"t affected
or serve notice oufo." or at the "'g"'"i^Ji;o'''
Xf interim i"ug"t'-is^certainiy not
appiicable to ,".tio,i ig i; enonao
gr;* ir;ii'Lta' '' t)nion
of lndla' 1989 74 FIR 401'
11rsAn'.ConstitutionofTribunalforfixing.orrevisingratesofwagesin
respect of workiie io*T*11i":'-ldfrilIT:*11g
anvthirs contained in this
Act, where the CZntrai Government
is
"f
.!11:l iftui tfr;
"eoard.-constituted
undersectiongforthepo,Pg,".offixingorrevisingratesofwagesinrespectof
working journaliJts ;d., if,i, e.t;;;;"i been
abl-e to tunction (for any reason
whatsoever) effectively, ar-rd u,r
tt e .ir."*trrnces, it is necessary
so to do' it may'
bv notification ;',h"^'dfft.Lr cur"ii.l
.""ttr*te a Tribunai' which shall consist
oi u purrrr-, *r,olr,-o, has been,
,i;g;;; u-urght Court or the supreme court'
for the purpose of fixing o, ,"rr'ir*!
rates of- *ugut in respeci of working
,*'[iff.]|;iJffitit;".,.^, 10 to 13A shali uppry ,o, u^1, in relation to, the
Tribunal consrituted under *u*".ri"" ol
of iitit. :.ttt'.o^' ,lhu Central
Government and working lorrrniirl;;;;1".;
io the modifications that-
(a) the refererr."i to the Board
therein, wherever they occur'
shall be
construed as references to the
Tribunal;
(b) rn sub-section (3) of section
tl'-
(i)thereferencetotheofficeofChairmanoranyothermemberof
the Board shall be-construed
ur- u l"i"t"rl.u io the office of the
;;;;;;"stituting the
rribunal; and
(ii) the reference to ,"Jrior,9 shallbe
construed as a reference to sub-
r".ii"" tf) of this section; and
(c)thereferencesinsection13andsec-tion].3Atosection12shal1be
construed ",
,"f.,",.,]^"", to ,".tio', ].2 read with
this section.
(3) The Tribunaf in discharqi"g 1t'ft*t-1i:T-under
this AcL mav act on the
evid.ence recorded Uy t\9 Wage
Bou-ra or partly '"il'a"a-Uy
tf-t" wag6 Board and
;rtary recorded by
itself: - -, :^ ^r ^-ininn rh; rtion of any-of
Provid.edthatiftheTribunalisofopinionthatfurtherexamlne
the witnesses whose evidentt^t'u'-ufiludy
Ut"tt recorded is necessary in the
interests of justice, it may ,u-rrrrrl***ur,V
,y& *it"ttt' and after such further
examinatiott, t'o"-examinatiJ;;;-e*1mi"'ti;;if
;y' as it may permit' the
-'i"tr #'ifi :I"'Iil*,:i ?r u rribunal under
sub-section (1), the B91d
constitutea r.rau, section 9 and^functioning
i**"Jiut",y before such constitution
shall cease to exist and the
*.;b";;."*iit't*;lh;; il"'rd shall be
deemed to
n*;;ffil::
IHI#!i?.,,* rates of wages fixed bv
th: Central Government
under section 13A in respect oi
*orti^g Jorrr"uiots'and in
force immediately
1. Ins. by Act 6 of 1979' sec' 3
(w'e'f ' 31-L-t979)'
A us
”if (,,,m
10 The Working Journalists and Other Newspaper Employees [Sec. 13A
(Conditions of Service) and Miscellaneous Provisions Act, 1955
COMMENTS
Since the fixing of interim wages is in no way a final decision as to fixation of rates
of wages, the parties concerned can make further and effective representation to the.
Wage Board which makes, after due consideration, fresh recommendations to the Central
Government for acceptance. Hence, the procedure prescribed under section 12 of the Act
making it incumbent on the Central Government to give hearing to the parties affected
or serve notice before or at the stage of fixation of interim wages, is certainly not
applicable to section 13A; Ammda Bazar Patrika Ltd. v. Union of India, 1989 74 FJR 401.
1[13AA. Constitution of Tribunal for fixing or revising rates of wages in
respect of working journalists—(1) Notwithstanding anything contained in this
Act, where the Central Government is of opinion that the Board constituted
under section 9 for the purpose of fixing or revising rates of wages in respect of
working journalists under this Act has not been able to function (for any reason
whatsoever) effectively, and in the circumstances, it is necessary so to do, it may,
by notification in the Official Gazette, constitute a Tribunal, which shall consist
of a person who is, or has been, a judge of a High Court or the Supreme Court,
for the purpose of fixing or revising rates of wages in respect of working
journalists under this Act.
(2) The provisions of sections 10 to 13A shall apply to, and in relation to, the
Tribunal constituted under sub-section (1) of this section, the Central
Government and working journalists, subject to the modifications that——
(a) the references to the Board therein, wherever they occur, shall be
construed as references to the Tribunal;
(b) in sub—section (3) of section 11,-—
(i) the reference to the office of Chairman or any other member of
the Board shall be construed as a reference to the office of the
person constituting the Tribunal; and
(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
__’__,.———-—
1. Ins by Act 6 of 1979, sec. 3 (w.e.f. 31-1—1979).
i
lli
,1l
ir
Sec. 13DDl The Working
Journa'lisi and Other
Newspaper Employees^'
11
pon-aiiionso{service)Zia-ui",,llaneousbrovisionsAct,l9SS
before the constitttion
of the Tribunal shall remain'in
force until the order of the
Cenrral cor.*#i,';;;"; ,".tijil
U^;;; *l*'^ir'i' section comes
into
operation'l
II)HAPTER rlt-
NoN-JouRNALIsi'isEwspiPER
EMPLoYEES
138. Fixatio,i'o.,revision "f
.;";;i *g", of non-iournalist
newspaper
employees.-(1)
'f-n"^t..,trof Government may' in th; manner
hereinafter
pr"'"1*9ar,., - espect of non-iournalist
newspaper emplovees;
' (u) fix rates of wages m rt
and ^r crrrh intervals as it may think
fit' the
(b) revise' from time io time'
at sttch inte
'uttl'oi 'i'g";
ii*ua,under jhit t::l"^ibv the Central Governnie*t
,^ . ::f 3;:i *iu i *m:,x*; #::*Jiriil:'"""';i,i*"
*
"'r.
and f o r p ie c e
work'
13c. wage Board, for
fixing or revising rates
of waqes in r-e-s,pect of
non-
]ournalist ,.,.*,-pu|u, "*!T.{:"^,.-ro,
the ptrrpo,u tr riii'.g or.revising
rates of
Lylf ;,,,1:1,"Xffi """'.!ffi
';'f ffi l*Ffui:nf t"X'fS':fii:;t?":l;
*t i.f, shail consist of--
(a) 2tthiee persons] representing
employers in relation to
newspaper
estabtisirmenis;- trnalist newspaper employees;
6; 3lrriiee f"tto"tt representing
non]ou
and
(c) t[iJ'-tr ind'ependent
personsl' 01! of 'whom
shall be a person who
is'
or. has been, u l.,agJli;Hsr.t
.;,,' *ii.'" 6"0':r". Cor'rrt and
who
,;ift ;-;iliili:{,,:;:**ff *$**j[;,:l;iiffi ,h"J1?lr
13D' APPlication o{ certar
t3A sh..r[I .-.ppif ,o, and.
in *i,*I.;;..h;.*"",J:="5;;il;;
trnder section L3C,
the Central Coirernment
and. ^"f-;t*arist
newspd;p1o'""t' subiect
to the
moclifications that- i working joumalists
therein'
*o'" ''"1'u;
Hitil?:;: "i:.,,:T.,'.ft
rr!:::",-J ;;'ra'i"1v uu-'ur"'"''ces
to
theBoardcortstitttte'i'"*at"ottililigi'"at"non-ior-rrnalist'
;-'"tp;p"t ":t4"fi;luu.rio" (3) o!' section 11 io section
9 shall be
(tri
Ffiffi ,:"ffi t':i:ruffi; ]i,i,,\:,::,:,,o'r 12 sharr be(cl the references 1n .:::1"-"r^""*-ti,.,r", Lj. re;,..l ..vith ihis
r-onsl"rti+:ti t''u '"t"'Jitoo 'o
secttcrn'il';;''"i-;'rith
ihis'st:ti'ion'l
:;11:nU. lonutit*ti,rr.."' triir**"t'-fo'
tixifli ':r
revisiu'g tates of wages
rn
respecr ,t
-^,,r,-jo.,roaris,
-
***rpop"..- --l;,;i;
l],ti
,
I\iofi'vithstarr"ditrg
r,ri,*.,,Y..*ci
irr tlris r.,,l,inl*'u ti.e C*,..,t,,1,1
.'j,.,u,..,.,.,nter.i !5
p1 6pinicrn Nhat
L.(ihapr,eri1,\icclr,.tairrirrgst,etionsl3B,l3C&i3D)rrrsbvAct6(ltlf1974,ser:'{
(rv.e.t.2l-il-197't) aril ior tl:re *,orcls "two pt:rsons"..(rv
e i' 18-9-1996)'
I srtbs bv '0" r+ .:,t l::"' ::: lll;,t;J.T."lT;5'"1;:'';;;s" (w e f
23-o-tee6)
3. sttl,s. oi, o.i ,t ri ]l.ll'' 1"^' r,,o. rhe words ",*"'J;'.1;;;;;"ipers,ns"
(w e f' 28-e-tee6)
-t srrbs bv Act 34 0f lgq6' sec''
5 rns b1L:;;;l'io' '"..
{ (w e f' 31-1-le7o)'
Sec. 13DD] The
(Condit
before the constith
Central Governmen
operation]
NON-JOURNALIS
133. Fixation or r
The
employees.-—(1)
provided——
(a) fix rates of wa
and
(b) revrse, from tirn
(2) The rates of wages ma
in respect of non-journalist newspaper employ
work.
13C. Wage Boar
journalist newspaper emp
of non—journalist newspaper e
wages in respect
Central Governrn
which shall consist of~
(a) 2[three perso
establishments;
(b) 3[three persons
13D. Application
13A shall apply to, an
Working Journalists and
ions of Service
on of the Tribunal shall remain
t under section 12
evision of r
loyees.—~For
ent shall, as and wh
the Central Governmen j
modifications that——
(a) the
wh
the
newspaper emp
lb) the mic
construed as a ref
(c; the references in sec
onstrued as reterences to section l2 rem.
C
Sl‘tSDD. Constitut
respect ' of
a “V"
ml ljl
,._.___.._..
'lA (containiir
______~——-
it Chapter 1
(wet. 2142—1974)
2. Subs. by Act 34 o
3. Subs. by Ac
4. Subs. by Act 34 of 19
5. lns. by Act 6 of 1979, sec. 4 (
hinge; conta ine
references to the
erever they occur, shal
Board constitute
loyees;
rences in sub-sec
erence
tion
non-journalist
d in this A
f 19%, sec. 3(i), for
t 34 of 1996, sec. 3(ii), for
) and Miscellaneous
in force until the order of the
T NEWSPAPER
ates of wages of non-
Central Government may,
e to time, at such inte
fixed under this section.
(1 for fixing! or revisi
nsl representin
] representing n
ns], one of whom shall
High Court or the Supr
d by that Government as
Board and working
d under section
96, sec. 3, for the words
w.e.f. 31—1-1979).
Other Newspaper Employees
Provisions Act, 1955
read with this sectio
11
n comes into
EMPLOYEES
journalist newspaper
in the manner hereinafter
ges in respect of non—journalist newspaper employees;
rvals as it may think fit, the
ised by the Central Government
y be fixed or rev ,
ees for time work and for piece
the purpose of fixing 0
en necessary,
lbe construed respectiv
13C and
tion (3)
to section
13 and section
'113C; and
l3A t0
vi With
al for fixing or revisin
the words ”two persons” (w,
the words ”two persons
g employers in relation to
on—journalist newspaper em
of section ll to section
13C & lSU‘) ins“ by Act bl
” three independent perso
newspaper
ployees;
be a person who is,
eme Court and who
the Chairman thereof.
journalists therein,
ely as references to
to non—journalist,
9 shall be
section 12 shall be
this section]
g rates of wages in
employeesu—(i) Notwithstanding
Governmen
t is of opinion that
l of W74, sec. ll
e.t. 28—9-1996).
" (wet. 28-9—1996).
(w.e.f. 28-9-1996).
nsu
I rqec. 13DD
\\ ,, rhe worki,el:ii::i''::;if,,?!;:lz:'3::;:':YfliT;': * ,."",,plirZoiril' oi service) and.''"i i[',^, 1n. purpose of fixing or revlslng
the B o ar d c on s t
i * e d
":* r X:[:;l: *X#;;l *#il?nt U:"'qi 6
n:'":l il"1t"""#"H?TH;;'ii"i ilv^l:1;';;;' ;/ "::'il" who is, o'13'Deel1,
.i,..,*',lu,i..i ', " i:ff:'#i, i!fi,*?[f3:*,",?ilii.";"*se or
rixrng or
Gazey^ ronstitutea
Ifl
, r, o L?'J,T' fi ,n- :""T Ii ;;:, :ln"ru,i^'i" "' "*''
p u f, J"' * pt
ov
" "
s un d e r
,euis#g rates of
wages llr rcov"--
,r ^^n*z to. and i. relation^to,
the
rhis Act of section,:o :"^_i3f 1ii, 3i*r,{t::;",:,"1+x :""",ffi:(2) The provision: ";;;; ,..rb-r.-.Lspaper empioy
Tribtrnal constitutet #il;r-ruiirt newsPaper
errtpruvu""r
, rL
GoverrLment
and florFltru""*^-- , ,.-^*r,ins iournalists therein;::TH'ilL$,#
^::,,J1i,i'#:.^ilfl"I::l$:,'i!Ui#':*::T;',\- ' *n rJ"", ,*y ":ty il^-journalist ^"*;?fi;'"'ifioy"t':erences
tu
\
the riiuunal and
to'nc
-r:^- 11 - ' -.^^*lrpr of
Ithe lrrpu'-'
;^i; of section l1'- rv other membgr'of
(b)
Ti)'."1ffI'.",:#
; ;" "rT1."JfI^XH:,:lg'1""* ;irice
or the
(1)'f"*:t:""'lttrltri:*^l#i*.*uasarererencetosub-
Person
constrtutu't 'rf
, ;na,,be construed
ns & r€rercr'-'
shall be
alists and»
The Working Journ
) and Miscellaneous
12
' ' f Service
a Iudge
revising rates of wages in respect of non
this Act.
(2) The pr0ViSions of sections 10 to 13A shall apply to, and in relation to, the
Tribunal constituted under sub—section (1) of this section, the Central
Government and non-journalist newspaper employees, subject to the
modifications that—r
(a) the references to the Board and working }ournalists therein,
wherever they occur, shall be construed respectively as references to
'ournalist newspaper employees,
tions under this Act, may act on the
e Wage Board and
tly recorded by th
interests of justice, it may re-
examination, cross—examination an
Witness shall be discharged.
‘ f a Tribunal under sub—section (1), the Board
' before such
I
I
\
I,^ t
sec 17r p:n,#";:':i::l:;:;'':;;ii':?!',,1tr:Y8:::[:#''flf"'zuu
r r
;;:ffi:'trx'%'**ifl';fl #*fff$ryHfi1#''ifffi \
'*'if"T','F"i:i1:#i;:t;'".^'lT*1Ji''il; i" .rbrishmen,.',.-^,Il;j,T,;"#"? I
a workman
uu"t)i'^:;,^
,,rolv 1s newspaP",T-:";;being, shali apptl^:; ;";i'A ef$fiflr+fiI,f#f*fi*l1}:*m,l.ll"q;lru
']
Provident Fun
newspaper
est
day, as il t.t:"^'::ii"ta ir, a notificat'o-,t^'.' ,i'u
".*rpaper
€rlrytv7"-
lJ,'i;o P:"ir'X"t'J:"l"i ft;;t',ilf fi "
d rrewspavc'
ii
secrion (r) .?rlil * meaning of that ^':- ,,r r
employee wltnur
LrrL ^-
CHA1TER IV ,\
H}T,idmfu;HH'iffi
Yr.,.,"*i,r.. :*,::XtJ:;il1#',.?ud"
u.ro" o
_-, ^r service
or contract
ot servrLs/ "--
o.rch
^w&rd,
agrlem:ll.,"Jtf$.li "i ";, iAct: .-l^nro rrndet &fI) >u-" -_-ri+lod to beneut"_-',^ r^'^ -^r.rrrld be ,i
Pr'v'[;*
or otherwi
matter wk
entitled ut
the rnore
receives t
newspap
trrantin,,,:'il ;lflT',",l ,il;;{;;a:l:i,::'::#, -i;1iTil;: by reason:,,n,,:
iavotrrable to
tttrt' "'.-
^^* to disrniss,
dlsctra'?iii*t-,ment shall, oy. -'l-l"rf ied rn
"'t*mlUJ*#rf*ff*Iffiqn$o ernl
tiabiiity,rortffil t"*r*.":J:,lffi"ltjr, aismiss, dtscnat5'
-.. -mnrrnr is
T,,ilt.J.l,l,l'i;;o t"""':" ^';::'", emproyer.-(r, _,,.,er, rhe newspaper
"''1}1tg'ipfigfi,$*fffij:$ffidtte ul
emPlc
in the
preittdtce :^", ;^l the recoverv ''_^";;, State Cov.rlTt::'^.'lortliicate fot
bou"l.,'i.,', roi
trrl ;::;;:ilr:!iilL1,[.?i,".'iilHi,L Til'i'in';; ror that
"""i*-*Ji";",'*tii;:".::,',,i.-*,.",,aneous
provisions Act' Ie52
11e or Ie52)
b"3
*
-*,*
,h" Emprovees'i,:""".T';;... r
]l:r;tlruil, ", 1s-r-1e63).r rns bv Act ,u.:t.:,i;;; ;, ror sectior
2 Surbs bY Act
b5 ot
Provident Funds
' which tWenty o
newspaper establis
day, as if such newspaper es
Act had been app
section (3) of section
'thin the mean
A
.5
.4
D‘
m
eclude any
r for
an order 0
with sectio
2[17. Recove
due under t
H or any p
his Act to a n
sec. 5,
\ 14TheWorkingJourna.lists,andCtherNewsyaperEmployee's-'[Sec'17
Gonditio-ns'''ois'*i'")and'i''J"Gn'ousbrovisionsAct'1955
amount to t'e corlector,
and the colrector sharl
proceed to recover that
amount
i5liff1i*ru;,m"X1
$"':liiil'f,:""nder:
trris Aci to a ne\^/spaper
emplo'ee rto* nil'l;o#t '*-s;;;^e"t'er,ment
may' on its ou'n motion
or
,por1 appricatro,.,;;;d
to it, refer in. qo"rtion t9 '";;il;yls"11]
c.nstituted
i,i i, under'1"'i^Jf i!;"i o,1ffi:[*',l3i|l,i-:1""' *'giiiidp:
.irr*-tru"ding law relating
to tnve
ir-r force i. the sor.-"^a i'he said
X.?;i;; 'r'utt
i-'"'"'-tr"tt in relation to the
Labour Cotrrt as if the question
,o'r"f"r,"d \^/ere u *lt*t referre'J
to the Labour
%1,i3t;1;:,i":ii!irya,^;Hi,'3il;1
be. forwarded r,v 1'
to the state
Go'ernmer^,t which made
the refeietttu u'a u'^'y'I*o"'"ti
found due by the
Labo*r Cor.rrt ,.rrv b" reco,ered
i,-t
't'tt
rnanner pt";il; in sub-section
(1)']
:riif#'#l the application ror 1o::'"'v
is made)
w*i refer,n" qr"rr,"^rr,o,n".^*iili'i'.,"'i"^,
r-^u,i.ir Court' and the
latter upon
reaching its decisiJn'*,ti
for*ur, ,t ilin";;;;:'',*i'itn'i'irithen
directthe collector to
recover ,r.n o-oi .,r) iin orrit ctrort'i.'ni,riett
cotenton'L"'*'.ii.i u'a',11987171
FJR 176
(SC)..iltzA.Maintenanceofregisters,records,u,,qmustet-rolls.-Every
"*plovu'TT'"1'"";f,';"J'fl 1il'iJ'-','#i#**ll''xln:'"x1Til-t:such registers'
,r"r.rifrEa I . t1r T.Lo srate Government may, by notification
in the
I".*Fi*:r"*{:$tr,}:?h']ffi 1*}t"ftut*-ni*l;'."il#:i}fi
frtPot.t -of. this
Act and maY
L*eicise their functions'
(2) Any f^rpl.i"i appoinJed
under sub-section (i) may
for the purpose of
ascertaining ;;,.',;; ui.y or i-,"-'p."risions
or"inir'Art'o' gj^th" working
Iournalists Gi*ation
of i{ate' ;f tf;;"'l et1,' rd'sa Qg
or 1958)' have been
compiied *,,r, * ,*i".t of u ,,-u*'rpulper
estauii.sfmSj;"n
as he may consider
tul ttqii'"X tt"ptoyer
to furnish such
necessary; . - limo pnter anv newspaper establishrrrent
or any
to)
f,g#x;nf."'. i'il:;tii,. ryg
XI6;.*v one :"#f"[ ;Hf,:
#,'," tr#' Hilr';:".'ffi ,ii': ;:ffi :l!:'ffi-F:;ffi
;' ; i
p't?*"' o'.tlt p'y*"'lt of
wages in the estabiishrnenU
(c) examine *,ith ,es.Je.i,"
,,.,y m-atter re].ewant to
any of ttre purptrses
aforesaid, tt." u*pj-ovl,,
m agent o, ,*,"u''t or any other
person
foundinchargeSi't1".:';;rp",po'"establishmentoranyPremlses
connected therewith
or an)' pt""" whom the
Inspector nas
reasonable cause '"'t'ti*-
to b" o' io hut'" been an
employee in the
establishmenU
.u,ffffJ"T,,"'^:ilj, j35.,""xffi [ j1"fl #I"*$l;::-;:ffi ,i,il.ff;
(ul I*""lse such otr-tJ'-po*ers
as may be prescribed'
1. Subs. bv Act 65 of 1962'sec
5' for sectior-r 17 (w'e'f'
15-1-1963)'
——————i
wspaper Employees [See 17
rnalists and Other Ne
Provisions Act, 1955
14 The Working Jou
(Conditions of Service) and Miscellaneous
r shall proceed to recover that
amount to th
in the same manner as a
(2) If any question aris
employee from his employer, the State Government ,
l ' t constituted
upon application made to it, refer the question to an
by it under the Industrial Disputes Act, 1947 (14 of 194-7), or under any
1'1
‘ d settlement of industrial disputes
Act or law shall have effect in relation to the
' ‘ ed to the Labour
' ation under that Act or law.
rded by it to the State
(3) The decision of the Labour Court 3
Government which made the reference and any amount found due by the
in sub—section (1).]
Labour Court may be recovered in the manner provided
COMMENTS ~
' ‘ for recovery is made)
The State Government concer
will refer the question
reaching its decision will forward it to the former,
recover such amount; Samarjit Ghosh V. Bennett Co
(SC).
ce of registers, records, and muster-rolls.———Every
1[17A. Maintenan
lation to a newspaper establishment shall prepare and maintain
in such manner as may be
employer in re
cords and muster—rolls and
such registers, re
prescribed]
1[17B. Inspectors—(1) The State Government may, by not
Official Gazette, appoint such persons as it thinks fit to be lns
d may define the local limits within w
purposes of this Act an
exercise their functions.
(2) Any Inspector appointed under sub—section (1) may for the purpose of
' or of the Working
ascertaining whether any of the provisrons
journalists (Fixation of Rates of Wages) Act, 1958 (29 of 1958), have been
complied with in respect of a newspaper es
(a) require an employer to furnish such
necessary;
ter any newspaper e
(b) at any reasonable time en
premises connected therewith and require any one found in charge
thereof to produce before him for examination any accounts, books,
her documents relating to the employment of
persons or the payrn ' . the establishment;
'th respect to any matter relevant: to any of the purposes
(c) examine W'l
aforesaid, the employer, his agent or servant or any other person
found in charge of the newspaper establishment or any premises
n whom the Inspector has
‘ ewith or any perso
‘ lieve to be or to have been an employee in the
ification in the
pectors for the
hich they shall
stablishment or any
establishment;
(d) make copies of or
documents maintaine
(e) exercise such other power
/
62, sec. 5, for section 17 (w.e.f, 15—1—1963).
y book, register or other
take extracts from an
ewspaper establishment;
d in relation to the n
s as may be prescribed.
I
II
sec 1er ,"!,i0,{,i,i!':i::l[:;'';;tr':!;;lzy'Si::;':#''f!'i"'Zu'
15
'
,,, ::;,ilJir#r!#[n**li;r
; ;::: sewan'[ wi'lhin'ihe \
T:\
meanin
(4),ffiI #Ht#?#,#J[$tlf;:i
ff'm*T#tffiu"S
o"
\
ffi '*T : - ffi :r;;;:#ilffiTsffi',ffi l"Ti't?ff"
*#i I
18. penaltv - 19lf3""-il"tip;:ilil;*'" "*'nT::r",** IAct or--,.*r rule or ordernrli-r"p"", : ^r anv offence under thrs Act,il rrr,uttt{*#fim**;,t*Hflfr':}i"'.'ffiry::Iil'
convffi ;";:1.:I" -"..lf,IT':Iffi'* :;;i;n:il5' ;::'ffi::"'il; ibe Pt'*#,'**
]
\,n
I com
t \ pro(
I \ ,"'I;'^"liffttfii#ffi[si'"f,1::"#ht ffi*5: #.xf!i'* r*d "jiG"*
s."F'lhl31$ilfi ;HHf .:Tr# fr. ::i"r,.ffi '$l"":,iTfl
:l',"S;tmtir^;*"1":"sil':',",ir'd,:;Hllj'"J{:If,f,*n5lijlitt
and incltrdes
a firm or other
(a)
;::nffiH" $'ffi;,f\l: ili:::ff
:,1;:[:,:$:J':'il']'
o*n'
-,,\^J..*"xi..;i;T[l1[HHT;tr 4#.,
section .ion, ulless !h;
iir-st class sha
,",-Jiil:
;5;:t* rytl*ffi ,;- I;l ffi n
;TI [t;u l',16 "T $?r: x1:l "l;*!"i:+ ifi :';i*"'
.3"1ii,",'"q.,,ff,J'*;Xl
'jlu.
i;"; oi int.''"
.rnYthing wl
I strbs ol oo 65 oi 1e62':':
'i
::; ;l:ifi}'f
t'
2. Ins. by Act 6
of 1979^'.s"1^].
)*,*.".,. lt-t-"u'i'
3' lns' bY Act 65
of 1962' sec
The Working Journalists and Other Newspap
d Miscellaneous Prov' ' ns Act, 1955
Sec. 19)
(Conditions of Service) an
r shall be deeme
de (45 of 1860).
ce an document or thing or to give
lly bound to do
Y
under sub—section (2) shall be lega
by an Inspector
rovisions of this
r contravenes any of the p
he shall be punishable
(3) Every lnspecto
(4) Any person require
information
50.}
. 1[(1) If any employe
ade thereunder,
r this Act, is again
may exten to tw
(1A) oever, havmg been convrcted of any
f an offence invo ving the contravention of the same provrsion, shall
five hundred rupees
person who,
(3) No court
complaint thereof 5 made within Six
n committed
' her lega proceeding shall lie
2[or the person
I
1\1.
1' tn'rrnetists and other Newspaper'llotfYees --
[sec' 19A I
16 The Workins^Journatisl 'and' ?!:;;;-"";-t'iuisions
iit' tess
\
olilZni"""'o'is''ui'")
and *'t.'""'^,
rn invalidate acts'-N? utt ,:: 1
,*i[3fr*"",1:1;jfur:i:'#,*1fi11$-:'-tl";***, }Lxistence of anY '"',1
r r n r,"' : t;, ) ;|lt?'; l!'ir ; :i-', n, p
p1 1
: i;lf r,ff
*,
X,lff ;H','J',;;
lil:':iH':ilfi:li:."t,,'H,s:""iGil:]',i.!fd*JTy;l[,ltrfi "#)iii
U"or,;*;i1::r,i;*i;ijl,)' 3;; i.-uG, L:"'::9., ti on, C ont,or #' ii p " ui r
ciuit s"t'it"t-!l;;;r"ii-b"ru,''.e_services tctasll;';; ;;y other rules or
Re gtrla tio"', t'YI;l^^ "o^t, *31,t"'lf,llt$iif rtfl; .;,ar Gov ernment
in the
Rules or the r
*-tlti""s that maY be-notified
tt
oiri.iut Gazette' ao"i'l . t1r The Central Government
may' by,notification
20. power ,9 *"rt" rules'-(1"s to carry out tn. f"'p"t::
of this Act'
^
,n"'Otticial Gazette'
make rult
(2) rn o*.nr",. and
withi ifi*ilt,n',i;l*,.l:lJ[:
i:[3#
o o#, t,' ;:fi ff : ruTfi"|", :,U*irsaris'[s
;
fitl[*I;l,t6+9ru*it*"i'+I::r'"'i:I,3':"'* \
II ".-' 'iv oir'"' kind or
|gnve '"IT;"'''u*,:t:i',fr0'I',ffi:"fl'
I ' (e) theformoi'tt*nutions'andthemannerlnwruurt":'^-.'^^-,, \
I
\L,
u" *ua";
I (0 *",trsfiiltffii1fliffir*"":,::ointedrorthepurposes \
I (g)
tr-," ruriuiio]-r'ol.ur,.u11"t'"^ "t'"ominations; ) of sub-section
(2) of
i
I
6'*hTitT'";s","*:o""under'*'"':";";; 1 i
I (i) *u;f:rL:::$rshmftTi^ri*t::ilffiT\J.'t
I ;hould be PrePared an
The Working Journ
16
(Conditions of Service
1l19A. Defects in appointments not
proceeding of the Board shall be questione
existence of any vacancy ' defect in the constitution o ,
the Working ]ournalists (Fixation of
1[1913. Saving.———Nothing in this Act or
) Act, 1958 (29 of 1
Supplementary
Civil Services
Regulations, Ci
Rules or the
(Temporary Servic
vilians in Defence
(2) In particular an
power, such rul
uity to working journ
(a) payment of grat
' nalists;
f work of working ]our
casual leave or
working journalists;
3[(d) the procedure to be followed by the s the case may be,
the Tribunal,] in the discharge of its functions under this Act;
' ' and the manner in which nominations may
er in which any person may be appointed for the purposes
of section 5A;
llation of nominations;
ce under clause (a) o
(f) the mann
of sub—section (3)
(g) the variation or cance
(h) the manner of giving noti
section 12;
d muster—rolls to be prep
(i) the registers, records an
maintained by newspaper est
should be prepared and maintained and the particu
entered therein;
(j) the powers that may
(k) any other matter which has to ,
5[(3) Every rule made under this section shall be laid as
it is made before each House of Parliament w
t sub—section (2) of
soon as may be after
ion for a total period
two or more
7[immediately
hile it is in sess
d in one‘session (’[or in
of the session
3 Subs, by Act 65 of 1962, sec. 9,
f 1979, sec. 6 (wet. 31—1—1979).
. . 1
4. Ins. by Act 6 o
5. Subs. by Act 65 of 1962, sec. 9, for sub—section 4963).
words “or in two successive s ' ” (w.e.f. 21—12—
‘ 6. Subs. by Act 60 of 1974, sec 6(i), for the .
1974).
7. Subs. by Act 60 of 1974, sec 6(ii), for ”in which is sol
.e.f. 21-12-1974).
aid or the session immediately following"
(W
sch r ,r'J"rr\:::':f !:i:;:i*:;r'#":!;;l,:'3::'";'iJJo'f!f"'Zuu
11
,;'liffi
:il"i:'.',',?L,T$'il'."'!'r,;i*fu
:*'11*:l$#ii,r,i:,'tl#[
H#:T x{il $*1f"1:+ tti:"yiil [ii, :1;1'"i
*'r' mo d i r ic a'[ion o r
annutmenr shalr b-e
*iUno.rt pr"irraiL tl iit 'uriai'y
ii
"Jy'r'*g
previously done
l*"#'il;i rule I _ ^ . 4 ^c.rocc _[R epealed by the REealing
and Amending Act'
lli,l; f;;L;', :;'; :":^Tif ;t;':i";;
"'i
1s6,,1
rlrHE scHEDuLE
[See section
z(d)i
t. For the purposes of
clause f]ti:ffiIl':*"'cornmon controt shail
be deemed
(1) two or more newsPuP"t '"?-ti
to u" onJt"u;;P^i"i establishment;
(2)rwo"';;;;""*'pup"l:diiilu''t'o*o"dilJil'#'":ttl"''"TitT'"i'1"i
sPouse iil; ;;' a"",''i"1' l"*:J,ffi"I"iiffiJ"i' ffi';;;holder or a
corporate
that such sPouse
it
1 :?1"-Y'ffi';;; l"diuia"ut tunds;
,,,ffi:"::"fi ,:ffi fitff;H'i#i,ffi
i"ffiftii
same o
H"':i" ;:iiu" ;""*"o': | ", ::: ::::'::'" ;;iilents sharl be de emed
2' For th" p"po'es of
paragraph 1' (L)'
wo or mo
to be unde, .o## l"itlr-" " ^.r^r-,ti.hments are owned
by a common individual
or
(a) (i) where the newspaper
establishments are
rndividuals; , r:^L..anrc are owned by firms, if such
firms have
(ii) where the newspaper
establishments
are
,;-,:**riin8ffifi :{il}*fi*i+H;{ff,itllfr;ffibodY corPorate ts a
subiidiaries of a
common holding
t"*Ti'J";'ol
g'o"p of 1
eouity shares are
owned by the same
p
#H:G;1Jo',131^u.t is owned by a bodv corporate.ilo,,lli,""tffi?
(iv)I*ffi
T,".;'"{1ff H-*i.'r,Ifi ,u:*:U:f ?i3;lX;'f.o,po'u'|"'h;td ; sub s ta n tiar :"ilT::, 1ll7#; l" o,n" :,1: : l'"X11""1 3I :ii1il
,", ilhr-***i:*rr: ;'.'.,i,r#fll+;g*:U'* [1Tt*
;] *
:lil:';:'::':,H;i o"r' [""o "'' y 1"'T:,I"'r" ::"i.1,^"0 new spa P er
(bl*r.'",].,.,n.",",,^.i'.."^''integralitybetweenconce
1. Ins. bY Act 31 of 1989,
sec' 4 ('ar'r'e 'f' 70-72-1955)
————7
alists and Other Newspaper Employees 17 l;
) and Miscellaneous Provisions Act, 1955
sions aforesaid] both Houses agree in
th Houses agree that the rule should
ffect only in such modified form or
ay be; so however that any such modification or
thing previously done
Sch] The Working Journ
(Conditions of Service
not be made, the ru
be of no effect, as the case In
annulment shall be without prej
under that rule]
21. Repeal of Act
1960 (58 0f1960), sec.
ed by the Repealing and Amending Act,
1 of 1955.——[Repeal
8—12—1960).]
2 and Sch. I. (wef. 2
‘[THE SCHEDULE
[See section 2(d)]
s of clause (d) of section 2,
er establishments un
.—
rol shall be deemed
1. For the purpose
der common cont
(1) two or more newspap
to be one newspaper establishment;
n individual and his or her
(2) two or more newspaper establishments owned by a
unless it is shown
spouse shall be deemed to be one newspaper establishment
that such spouse is a so shareholder of a corporate
body. on the basis 0
(3) two or more newspap
same or srrnil
the same or similar t
territory shall be deemed to
of paragraph 1 (1), two or m
u‘
2. For the purposes
to be under common control——
(a) (1) where the newspaper establishments are owned by a common individual or
individuals;
(11) where the newspaper establishments are owned by firms, if such firms have
antral number of common partners;
orate, if one
owned by bodies corp
ate, or both are
ial number of their
f persons, whether
(iii) where the newspape
rate is a subsidiar
body corpo
' ' ‘ f a common holding compan
e owned by the same person
not;
y or a substant
equity shares ar or group 0
incorporated or
(iv) where one estab
(v) where one '1
having bodies corp
same person or grou
(b) where there is functional integrality between
establishments]
/
U1
(D
0
,3;
/-\
2
r1
(D
r—n
N
C?
H
N
I
r—l
\O
U1
U1
V