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WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955

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S.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 India2[* * *].
       ________________________
       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.


S.2 Definitions

       In this Act, unless the context otherwise requires,--
       1 [(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;
  &n

S.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 specified in sub-section (2), apply to, or in relation to, working journalists as they apply to, or in relation to, workmen within the meaning of that Act.
       (2) Section 25F of the aforesaid Act, in its application to working journalists, shall be construed as if in clause (a) thereof, for the period of notice referred to therein in relation to the retrenchment of a workman, the following periods of notice in relation to the retrench­ment of a working journalist had been substituted, namely:--
       (a) six months, in the case of an editor, and
       (b) three months, in the case of any other working journalist;


S.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.


S.5 Payment of gratuity

       1 [5. Payment of gratuity
       (1) Where--
       (a) any working journalist has been in continuous service, whether before or after the commencement of this Act, for not less than three years in any newspaper establishment, and-
       (i) his services are terminated by the employer in relation to that newspaper establishment for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action; or
       (ii) he retires from service on reaching the age of superannuation; or
       (b) any working journalist has been in continuous service, whether before or after the commencement of this Act, for not less than ten years in any newspaper establishment, and he voluntarily resigns on or after the 1st day of July

S.5(a) Nomination by working journalist

       1 5A. Nomination by working journalist
       (1) Notwithstanding anything contained in any law for the time being in force, or in any disposition, testamentary or otherwise in respect of any gratuity payable to a working journalist, where a nomination made in the prescribed manner purports to confer on any person the right to receive payment of the gratuity for the time being due to the working journalist, the nominee shall, on the death of the working journalist, become entitled to the gratuity and to be paid the sum due in respect thereof to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner.
       (2) Any nomination referred to in sub-section (1) shall become void if the nominee predeceases, or where there are two or more nominees, all the nominees predecease, the working journalist making th

S.6 Hours of work

       (1) Subject to any rules that may be made under this Act, no working journalist shall be required or allowed to work in any newspaper establishment for more than one hundred and forty-four hours during any period of four consecutive weeks, exclusive of the time for meals.
       (2) Every working journalist shall be allowed during any period of seven consecutive days rest for a period of not less than twenty-four consecutive hours, the period between 10 P.M. and 6 A.M. being included therein.
       Explanation.--For the purposes of this section, "week" means a period of seven days beginning at mid-night on Saturday.


S.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.


S.8 Fixation or revision of rates of wages

       1 [8. Fixation or revision of rates of wages
       (1) The Central Government may, in the manner hereinafter provided,--
       (a) fix rates of wages in respect of working journalists;
       (b) revise, from time to time, a! 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.
       _______________________
       1. Substituted by Act 65 of 1962, section 4, for sections 8 to 13 w.e.f. 15-1-1963.

S.9 Procedure for fixing and revising rates of wages

       1 [9.Procedure for fixing and revising rates of wages
       For the purpose of fixing orrevising rates of wages in respect of working journalists under this Act, theCentral Government shall, as and when necessary, constitute a Wage Board whichshall consist of--
       (a)2 [threepersons] representing employers in relation to newspaper establishments;
       (b)2 [threepersons] representing working journalists;
       (c)2 [fourindependent persons], one of whom shall be a person who is, or has been, aJudge of a High Court or the Supreme Court and who shall be appointed by thatGovernment as the Chairman thereof.
       _______________________
       1.Substituted by Act 65 of 1962, section 4, forsection

S.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 sh

S.11 Powers and procedure of the Board

       (1) Subject to the provisions contained in sub-sec(ion (2), the Board may exercise all or any of the powers which an Industrial Tribunal constituted under the Industrial Disputes Act, 1947 (14 of 1947), exercises for the adjudica­tion of an industrial dispute referred to it and shall, subject to the provisions contained in this Act, and the rules, if any, made thereunder, have power to regulate its own procedure.
       (2) Any representations made to the Board and any documents furnished to it by way of evidence shall be open to inspection on payment of such fee as may be prescribed, by any person interested in the matter.
       (3) If, for any reason, a vacancy occurs in the office of Chairman or any other member of the Board, the Central Government shall fill the vacancy by appointing another person thereto in accordance with the provisions of sec

S.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

S.13(c) Wage Board for fixing or revising rates of wages in respect of non-journalist newspaper employees

       For the purpose of fixing or revising rates of wages inrespect of non-journalist newspaper employees under this Act, the CentralGovernment shall, as and when necessary, constitute a Wage Boardwhich shall consist of--
       (a)1 [threepersons] representing employers in relation to newspaper establishments;
       (b)1 [threepersons] representing non-journalist newspaper employees; and
       (c)1 [fourindependent persons], one of whom shall be a person who is, or has been, a Judgeof a High Court or the Supreme Court and who shall be appointed by thatGovernment as the Chairman thereof.
       _______________________
       1.Substituted by Act 34 of 1996, section 3 w.e.f. 28-9-1996.


Legal Comments

Note: The above points synthesize the Act, Section 13(c) context (as reflected through Section 17 references and related jurisprudence) with emphasis on Section 2(f) definitions, principal avocation, inclusive vs exclusive interpretations, and the concurrent remedial framework. References are provided in square brackets after each bullet item.

S.13(d) Application of certain provisions

       The provisions of sections 10 to 13 A shall apply to, and in relation to, the Board constituted under section 13C, the Central Government and non-journalist newspaper employees, subject to the modifications that--
       (a) the references to the Board and working journalist therein, wherever they occur, shall be construed respectively as references to the Board constituted under section 13 C and to non-journalist, newspaper employees;
       (b) the references in sub-section (3) of section 11 to section 9 shall be construed as a reference to section 13 C; 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.]


S.13(dd) Constitution of Tribunal for fixing or revising rates of wages in respect of non-journalist newspaper employees

       1 [13DD. Constitution of Tribunal for fixing or revising rates of wages in respect ofnon-journalist newspaper employees
       (1) Notwithstanding anything contained in this Act,where the Central Government is of opinion that the Boardconstituted under section 13C for the purpose of fixing or revising rates ofwages in respect of non-journalist newspaper employees under this Act has notbeen able to function (for any reason whatsoever) effectively, and in thecircumstances, it is necessary so to do, it may, by notification in the OfficialGazette, constitute a Tribunal, which shall consist of a person who is, or hasbeen, a Judge of a High Court or the Supreme Court, for the purpose of fixing orrevising rates of wages in respect of non-journalist newspaper employees underthis Act.
       (2)The provisions of sections 10 to 13A shall apply to, and inrelatio

S.13(b) Fixation or revision of rates of wages of non-journalist newspaper employees

       (1) The Central Government may, in the manner hereinafter provided,--
       (a) fix rates of wages in respect of non-journalist newspaper employees; and
       (b) revise, from time to time, at such intervals as it may think fit, the rates of wages fixed under this section.
       (2) The rates of wages may be fixed or revised by the Central Government in respect of non-journalist newspaper employees for time work and for piece work.


S.13(aa) Constitution of Tribunal for fixing or revising rates of wages in respect of working journalists

       1 [13AA.Constitution of Tribunal for fixing or revising rates of wages in respect ofworking journalists
       (1) Notwithstanding anything contained in this Act,where the Central Government is of opinion that the Boardconstituted under section 9 for the purpose of fixing or revising rates ofwages in respect of working journalists under this Act has not been able tofunction (for any reason whatsoever) effectively, and in the circumstances, itis 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, aJudge of a High Court or the Supreme Court, for the purpose of fixing orrevising rates of wages in respect of working journalists under this Act.
       (2) The provisions of sections 10 to 13A shallapply to, and in relation to, the Tribunal constituted under sub-secti

S.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.


S.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 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 sub­section (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.]


Legal Comments

S.14 Act 20 of 1946 to apply to newspaper establishments

The provisions of the Industrial Employment (Standing Orders) Act, 1946, as in force for the time being, shall apply to every newspaper establishment wherein twenty or more newspaper employes are employed or were employed on any day of the preceding twelve months as if such newspaper establishment were an industrial establishment to which the aforesaid Act has been applied by a notification under sub-section (3) of section 1 thereof, and as if a newspaper employee were a workman within the meaning of that Act.


S.15 Act 19 of 1952 to apply to newspaper establishments

       The Employees' Provident Funds Act, 19521 , as in force for the time being, shall apply to every newspaper establishmentin which twenty or more persons are employed on any day, as if such newspaperestablishment were a factory to which the aforesaid Act had been applied by anotification of the Central Government under sub-section (3) of section 1thereof, and as if a newspaper employee were an employee within the meaning ofthat Act.
       ________________________
       1.Now the Employees' Provident Funds andMiscellaneous Provisions Act, 1952. 


S.16(a) Employer not to dismiss, discharge, etc., newspaper employees

       1 [16A. Employer not to dismiss, discharge, etc., newspaper employees
       No employer in relation to a newspaper establishment shall, by reason of his liability for payment of wages to newspaper employees at the rates specified in an order of the Central Government under section 12, or under section 12 read with section 13 AA or section 13 DD, dismiss, discharge or retrench any newspaper employee.]
       _________________________
       1.Inserted by Act 36 of 1981, section 3 w.e.f. 13-8-1980.


S.16 Effect of laws and agreements inconsistent with this Act

       (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the term of any award, agreement or contract of service, whether made before or after the commencement of this Act:
       Provided that where under any such award, agreement, contract of service or otherwise, a newspaper employee is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Act, the newspaper employee shall continue to be entitled to the more favourable benefits in respect of that mater, notwithstanding that he receives benefits in respect of other matters under this Act.
       (2) Nothing contained in this Act shall be construed to preclude any newspaper employee from entering into an agreement with an employer for granting him rig

S.17(a) Maintenance of registers, records, and muster-rolls

       Every employer in relation to a newspaper establishment shall prepare and maintain such registers, records and muster-rolls and in such manner as may be prescribed.


S.17(b) Inspectors

       (1) The State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be Inspectors for the purposes of this Act and may define the local limits within which they shall exercise their functions.
       (2) Any Inspector appointed under sub-section (1) may for the purpose of ascertaining whether any of the provisions of this Act or of the Working Journalists (Fixation of Rates of Wages) Act, 1958 (29 of 1958), have been complied with in respect of a newspaper establishment--
       (a) require an employer to furnish such information as he may consider necessary;
       (b) at any reasonable time enter any newspaper establishment or any premises connected therewith and require any one found in charge thereof to produce before him for examination any accounts, books, regis

S.17 Recovery of money due from an employer

       1[17. Recovery of money due from an employer
       (1) Where any amount is due under this Act to a newspaper employee from an employer, the newspaper employee himself, or any person authorized by him in writing in this behalf, or in the case of the death of the employee, any member of his family may, without prejudice to any other mode of recovery, make an application to the State Government for the recovery of the amount due to him, and if the State Government, or such authority, as the State Government may specify in this behalf, is satisfied that any amount is so due, it shall issue a certificate for that amount to the Collector, and the Collector shall proceed to recover that amount in the same manner as an arrear of land revenue.
       (2) If any question arises as to the amount due under this Act to a newspaper employee from his employer, the

S.18 Penalty

       1[(1) If any employer contravenes any of the provisions of this Act or any rule or order made thereunder, he shall be punishable with fine which may extend to two hundred rupees.
       (1A) Whoever, having been convicted of any offence under this Act, is again convicted of an offence involving the contravention of the same provision, shall be punishable with fine which may extend to five hundred rupees.
       (1B) Where an offence has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:Provided that nothing contained in this sub-section shall render any such person liable to any

S.19 Indemnity

       No suit, prosecution or other legal proceeding shall lie against the Chairman or any other member of the Board1[or the person constituting the Tribunal]2[or an Inspector appointed under this Act] for anything which is in good faith done or intended to be done.
       _________________________
       1. Inserted by Act 6 of 1976, section 5 w.e.f. 31-1-1979.
       2. Inserted by Act 65 of 1962, section 7 w.e.f. 15-1-1963.


S.19(b) Saving

       Nothing in this Act or the Working Journalists (Fixation of Rates of Wages) Act. 1958 (29 of 1958), shall apply to 1 [any newspaper employee] who is an employee of the Government to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the Central Government in the Official Gazette, apply.]
       ________________________
       1.Substituted by Act 60 of 1974, section 5, for "any workingjournalist" w.e.f. 21-12-1974.


S.19(a) Defects in appointments not to invalidate acts

       1[19A. Defects in appointments not to invalidate acts
       No act or proceeding of the Board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board.
       ________________________
       1. Inserted by Act 65 of 1962, section 8 w.e.f. 15-1-1963.


S.20 Power to make rules

       (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
       (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--
       (a) payment of gratuity to working journalists;
       (b) hours of work of working journalists;
       (c) holidays, earned leave, leave on medical certificate, casual leave or any other kind of leave admissible to working journalists;
       1 [(d) the procedure to be followed by the Board 2 [or, as the case may be, the Tribunal,] in the discharge of its functions under this Act;
       (e) the form of nominati

S.21 Repeal of Act 1 of 1955

       [Repealed by the Repealing and Amending Act. 1960 (58 of 1960), section 2 and Sch. I]


Sch.1 SCHEDULE I

       1 [THESCHEDULE
       [Seesection 2 (d)]
       1.For the purposes of clause (d) of section 2,--
       (1)two of more newspaper establishments under common control shall be deemed to beone newspaper establishment;
       (2)two or more newspaper establishments owned by an individual and his or herspouse shall be deemed to be one newspaper establishment unless it is shown thatsuch spouse is a sole proprietor or partner or a shareholder of a corporate bodyon the basis of his or her own individual funds;
       (3)two or more newspaper establishments publishing newspapers bearing the same or 
       similartitle and in the same language in any place in India or bearing the same orsimilar title but in dif

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