WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES
(CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955
CONTAINS
THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES
(CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955
(45 of 1955)
3. Act XIV of 1947 to apply to working journalists. -
(1)The provisions of the Industrial Dispute Act, 1947 (XIV of
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 the
Act.
(2)Section 25-F of the aforesaid Act, in its application to working
journalist, shall be construed as if in Cl. (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, 1055, 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 day's average pay
for every completed year of service under that employer or any part
thereof in excess of six months.
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 that 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 a 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 a months :
Provided
that in the case of a working journalist referred to in Cl. (b), the
total 'amount of gratuity that shall be payable to him shall not exceed
twelve and a-half months' average pay:
Provided
further that where a working journalist is employed in any newspaper
establishment wherein not more that 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.
Explanation.
-For the purposes of this sub-section and sub-section (1) of Sec.
17, “family” means-
(i)In the case of 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 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' 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
recognized, such a child shall not be considered as a member 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 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 Sec. 5-A
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.
1.Subs. by Act 65 of 1962, Sec. 3 (w.e.f. 15th January, 1963).
5-A. Nomination by working journalist. –
(l)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 it 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. -
(l)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
hour 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 p.m.
being included therein.
Explanation.
-For the purposes of this section, week” means a period seven days
beginning at midnight 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 journalist
(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 Sec. 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 journalist's time work and for piece
work.
Subs. by Act 65 of 1962, Sec. 3 (w.e.f. 15th January, 1963).
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 High Court or the Supreme Court and who shall
be appointed by that Government as the Chairman thereof.
10.
Recommendation by Board. –
(l)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 representation
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 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 section shall prevent
the Board from making nothing in this sub recommendations for fixation
or revision of rates of wages on all-India basis.]
Ins. by Act 31 of 1989, Sec. 2,
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 representation made to the Board and any
document furnished to it way of' evidence shall be open to inspection
oh 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 a person thereto in accordance with the provisions
of Sec.9 and any proceeding may be continued before the Board as reconstituted
from the stage at which the vacancy occurred.
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 affect important
alterations in the character of the recommendations.
(2)Notwithstanding any thing contained in
sub-section (l), 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 given all persons likely to be affected
thereby in such manner as may 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
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 that board relating to the
order and 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 coining into operation of an order of the Central Government
under Sec. 12, every working journalist shall be entitled to be paid
by his employer wages in the rate which shall, in no case, be less than
the rate of wages specified in the order.
13-A. 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 worked, 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 Sec. 12 comes into operation.
(1)Notwithstanding
anything contained in this Act, where the Central Government is of opinion
that the Board constituted under See. 9 for the purpose of fixing or
revising rates of wages in respect of working journalist under this
Act had 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 Sees.
10 to 13 -A shall a ply to, and in relation to, the Tribunal
constituted under subsection (1) of the section, the Central Government
and working journalists, subject to the modifications that
(a)The
reference to the Board therein, wherever they occur, shall be construed
as references to the Tribunal
(b)In sub-section (3) of Sec.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 Sec. 9 shall be construed as
a reference to subsection (1) of this section; and
(c)The references in Sec. 13 and Sec. 13-A to Sec.
12 shall be construed as references to Sec. 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 reexamination, if any,
as it may period, the witness shall be discharged.
(4)On
the constitution of a Tribunal under sub-section (1) the Board constituted
under Sec. 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
Sec. 13-A 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 Sec. 12 read with this section
comes into operation.]
1.Ins. by Act 6 of 1979, Sec. 3 (w.e.f. 31st January,
1979 ).