Labor Law | Comments (0)
Like
Year : 1923
[Act, No. 45 of 1955]1*
[20th December, 1955]
PREAMBLE
An Act to regulate certain conditions of service of working journalists and other persons employed in newspaper establishments.
Be it enacted by Parliament in the Sixth Year of the Republic of India as follows:-
---------------------------------------------------------------------------------------------------------------------------------------------------------------
1. Extended to Goa, Daman and Diu by Reg. 11 of 1963, section 3 and Sch. and to Pondicherry by Act 26 of 1968, section 3 and Schedule.
------------------------------------------------------------------------------------------------------------------------------------------------------------
Section -1 Short title and extent
(1) This Act may be called the1*[Working Journalists and other Newspaper Employees] (Conditions of Service) and Miscellaneous Provisions Act, 1955.
(2) It extends to the whole of India 2[* * *].
---------------------------------------------------------------------------------------------------------------------------------------------------------------
1. Substituted by Act 60 of 1974, section 2, for "Working Journalists" w.e.f. 21-12-1974.
2. The words "except the State of Jammu and Kashmir" omitted by Act 51 of 1970, section 2 and Schedule. w.e.f. 1-9-1971.
---------------------------------------------------------------------------------------------------------------------------------------------------------------
Section -2 Definitions
In this Act, unless the context otherwise requires,-
(a)1* "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 2*[and includes newspaper establishments specified as one establishment under the schedule;
Explanation.-For the purposes of this clause,-
(a) Different departments, branches and centres of newspaper establishments shall be treated as parts thereof;
(b) A printing press shall be deemed to be a newspaper establishment if the principal business thereof is to print newspaper;
(dd) 3* "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;
(eee) 2* "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 tendance or other amenity or of any service or of any concessional supply of food grains or other articles;(iii) any travelling concession,but does not include-
(a) Any bonus;
(b) Any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the newspaper employee under any law for the time being in force;
(c) Any gratuity payable on the termination of his service.
Explanation.-In this clause, the term "wages" shall also include new allowances, if any, of any description fixed from time to time.
(f) "Working journalist" means a person whose principal avocation is that of a journalist and 4* [who is employed as such, either whole-time or part-time, in, or in relation to, one or more newspaper establishments], and includes an editor, a leader-writer, news editor, sub-editor, feature-writer, copy-tester, reporter, correspondent, cartoonist, 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.
----------------------------------------------------------------------------------------------------------------------------------------------------------------
1. Substituted by Act 60 of 1974, section 3, for clause (a) w.e.f. 21-12-1974.
2. Inserted by Act 31 of 1989, section 2 w.e.f. 28-8-1989.
3. Inserted by Act 60 of 1974, section 3 w.e.f. 21-12-1974.
4. Substituted by Act 36 of 1981, section 2, for certain words w.e.f. 13-8-1980.
-----------------------------------------------------------------------------------------------------------------------------------------------------------------
