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CHAPTER IIA
21. [Omitted by the Repealing and Amending Act, 1960, w.e.f. 26-12-1960] 25
WORKING JOURNALISTS (FIXATION OF RATES OF WAGES) ACT, 1958
1. Short title
2. De nitions
3. Constitution of Committee
4. Functions of Committee
5. Powers of Committee
6. Power of Central Government to enforce recommendations of Committee
7. Working journalists entitled to wages at rates not less than those speci ed in the order
8. [Omitted by the Working Journalists (Amendment) Act, 1962, w.e.f. 15-1-1963] 32
9. Recovery of money due to working journalists
10. Authentication of orders, letters, etc., of the Committee
11. Effect of Act on Working Journalists Act, etc.
12. Vacancies, etc., not to invalidate proceedings of Committee
12A. Penalty
13. Power to make rules
14. [Omitted by the Repealing and Amending Act, 1960, w.e.f. 26-12-1960]
WORKING JOURNALISTS (CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS RULES, 1957
1. Short title
III
CHAPTER IV
CHAPTER VI
MISCELLANEOUS
35A.
Form AA : Form for payment of gratuity under section 5 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 in the case of minors
Form B : Nomination form for payment of gratuity under section 5 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955
Form C : Application under sub-section (1) of section 17 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955
Form D : [Omitted by the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017, w.e.f. 21-2-2017]
Form E : Service register
Form F : [Omitted by the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017, w.e.f. 21-2-2017]
Form G : [Omitted by the Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2017, w.e.f. 21-2-2017]
Form H : Form of notice to be given under the proviso to clause (a) of sub-section (2) of section 12 of the working journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES TRIBUNAL RULES, 1979
1.
2. Calling of parties
3. Notice
4. Proceedings before the Tribunal
5.
6.
EASE OF COMPLIANCE TO MAINTAIN REGISTERS UNDER VARIOUS LABOUR LAWS RULES, 2017
1.
FORM D : Format of attendance
FORM E : Format of register of rest/leave/leave wages under the Mines Act, 1952, the Sales Promotion Employees (Conditions of Service) Act, 1976 and the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1957
Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
[45 OF 1955]*
An Act to regulate certain conditions of service of working journalists and other persons employed in newspaper establishments.
BE it enacted by Parliament in the Sixth Year of the Republic of India as follow:—
CHAPTER I PRELIMINARY
Short title and extent.
1. (1) This Act may be called the 1[Working Journalists and other Newspaper Employees] (Conditions of Service) and Miscellaneous Provisions Act, 1955. (2) It extends to the whole of India 2[***].
De nitions.
2. In this Act, unless the context otherwise requires,3[(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;]
*Dated 20-12-1955
1. Substituted for “Working Journalists” by the Working Journalists (Conditions of Service) and Miscellaneous Provisions (Amendment) Act, 1974, w.e.f. 21-12-1974.
2. Words “except the State of Jammu and Kashmir” omitted by the Central Labour Laws (Extension to Jammu and Kashmir Act, 1970, w.e.f. 1-9-1971.
3. Substituted by the Working Journalists (Conditions of Service) and Miscellaneous Provisions (Amendment) Act, 1974, w.e.f. 21-12-1974.
S. 2
WORKING JOURNALISTS & MISCELLANEOUS PROVISIONS ACT, 1955 2
(
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 4[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 part thereof;
(
b) a printing press shall be deemed to be a newspaper establishment if the principal business thereof is to print newspaper;]
5[(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 managerial nature;]
(e) “prescribed” means prescribed by rules made under this Act;
6[(ee) “Tribunal” means-
(i) in relation to working journalists, the Tribunal constituted under section 13AA; and
(ii) in relation to non-journalist newspaper employees, the Tribunal constituted under section 13DD;]
4[(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-
4. Inserted by the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions (Amendment) Act, 1989, w.e.f. 28-8-1989.
5. Inserted by the Working Journalists (Conditions of Service) and Miscellaneous Provisions (Amendment) Act, 1974, w.e.f. 21-12-1974.
6. Inserted by the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions (Amendment) Act, 1979, w.r.e.f. 31-1-1979.
WORKING JOURNALISTS & MISCELLANEOUS PROVISIONS ACT, 1955 S. 2
(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 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 7-8[who is employed as such, either whole-time or parttime, 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
SECTION NOTES
2.1 Definition of “Newspaper” [Section 2(b)]
A “newspaper” means:
Any printed periodical work that contains: Public news, or Comments on public news.
2.1-1 Inclusion Clause
The term also includes:
7-8. Substituted for “who is employed as such in, or in relation to any newspaper establishment” by the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions (Amendment) Act, 1981, w.r.e.f. 13-8-1980.
S. 2 WORKING JOURNALISTS & MISCELLANEOUS PROVISIONS ACT, 1955 4
Any other class of printed periodical work,
As may be notified by the Central Government from time to time, Through publication in the Official Gazette.
Regulatory Flexibility
Allows the Central Government to:
Expand or modify the scope of what qualifies as a “newspaper”,
Based on evolving forms of printed journalism or news media.
2.2 Definition of “Newspaper Establishment” [Section 2(d)]
A “newspaper establishment” means:
An establishment under the control of:
Any person, or
Body of persons (whether incorporated or not), Which is engaged in:
The production or publication of one or more newspapers, or The operation of a news agency or syndicate.
Inclusive Clause:
Also includes newspaper establishments specified as one establishment under the Schedule (attached to the governing Act or rules).
2.2-1 Explanation Clauses
To clarify the scope of what constitutes a “newspaper establishment”:
Clause (a): Different departments, branches, and centres of a newspaper establishment are treated as part of the same establishment.
Clause (b): A printing press will be deemed a newspaper establishment if: Its principal business is the printing of newspapers.
2.3 Definition of “Non-Journalist Newspaper Employee” [Section 2(dd)]
A non-journalist newspaper employee means:
Any person employed to perform any work: In, or
In relation to, any newspaper establishment.
2.3-1 Exclusions from the Definition
The following categories of persons are not considered “non-journalist newspaper employees”:
Clause (i): Working journalists, i.e., those engaged in reporting, editing, or journalistic activities.
Clause (ii): Persons employed mainly in a managerial or administrative capacity.
Clause (iii): Persons employed in a supervisory capacity who:
Either by the nature of their duties, or By the powers vested in them,
Perform functions that are mainly managerial in nature.