The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
# THE WORKING JOURNALISTS AND OTHER NEWSPAPER
 EMPLOYEES (CONDITIONS OFSERVICE) AND
 MISCELLANEOUS PROVISIONS ACT, 1955
 __________

 ARRANGEMENT OF SECTIONS
 __________

CHAPTER I

PRELIMINARY

SECTIONS

1. Short title and extent.
2. Definitions.


CHAPTER II

WORKING JOURNALISTS

3. Act 14 of 1947 to apply to working journalists.
4. Special provisions in respect of certain cases of retrenchment.
5. Payment of gratuity.

5A. Nomination by working journalist.

6. Hours of work.
7. Leave.
8. Fixation or revision of rates of wages.
9. Procedure for fixing and revising rates of wages.
10. Recommendation by Board.
11. Powers and procedure of the Board.
12. Powers of Central Government to enforce recommendations of the Wage Board.
13. Working journalists entitled to wages at rates not less than those specified in the order.
13A.Power of Government to fix interim rates of wages.
13AA. Constitution of Tribunal for fixing or revising rates of wages in respect of working journalists.

CHAPTER IIA

NON-JOURNALIST NEWSPAPER EMPLOYEES

13B. Fixation or revision of rates of wages of non-journalist newspaper employees.

13C. Wage Board for fixing or revising rates of wages in respect of non-journalist newspaper

employees.

13D. Application of certain provisions.
13DD. Constitution of Tribunal for fixing or revising rates of wages in respect of non-journalist

newspaper employees.

CHAPTER III

APPLICATION OF CERTAIN ACTS TO NEWSPAPER EMPLOYEES

14. Act 20 of 1946 to apply to newspaper establishments.
15. Act 19 of 1952 to apply to newspaper establishments.

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CHAPTER IV

MISCELLANEOUS

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

16A. Employer not to dismiss, discharge, etc., newspaper employees.

17. Recovery of money due from an employer.

17A. Maintenance of registers, records, and muster-rolls.
17B. Inspectors.

18. Penalty.
19. Indemnity.
19A. Defects in appointments not to invalidate acts.
19B. Saving.
20. Power to make rules.
21. [Repealed.]

THE SCHEDULE.

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# THE WORKING JOURNALISTS AND OTHER NEWSPAPER
 EMPLOYEES (CONDITIONS OFSERVICE) AND
 MISCELLANEOUS PROVISIONS ACT, 1955
 ACT NO. 45 OF 1955[1]

[20th December, 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 follows:—

CHAPTER 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 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 or

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.

_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;]

6[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

1. Extended to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule (w.e.f. 1-2-1965) and to Pondicherry by Act 26 of

1968, s. 3 and the Schedule.

2. Subs. by Act 60 of 1974, s. 2, for “Working Journalists”
3. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule.
4. Subs. by Act 60 of 1974, s. 3, for clause (a).
5. Ins. by Act 31 of 1989, s. 2 (retrospectively).
6. Ins. by Act 60 of 1974, s. 3.

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(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;

1[(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;]

2[(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 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

3[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, featurewriter, 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.

CHAPTER II

WORKING JOURNALISTS

**3. Act 14 of 1947 to apply to working journalists.—(1) The provisions of the Industrial Disputes**

Act, 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.

1. Ins. by Act 6 of 1979, s. 2 (w.e.f. 31-1-1979).
2. Ins. by Act 31 of 1989, s. 2 (retrospectively).
3. Subs. by Act 36 of 1981, s. 2, for “who is employed as such in, or in relation to, any newspaper establishment”

(w.e.f. 13-8-1980).

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(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.

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, 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 1st 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 month’s 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;

1. Subs. by Act 65 of 1952, s. 3, for section 5 (w.e.f. 15-1-1963).

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(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 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;

(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 the 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’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.

(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 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 shall be paid to a person appointed under sub-section (3) of section 5A:

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.

**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 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.

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(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.

**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.

**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) [2][three persons] representing employers in relation to newspaper establishments;

(b) [2][three persons] representing working journalists;

(c) [3][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.

**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

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

1. Subs. by Act 65 of 1962, s. 4, for sections 8 to 13 (w.e.f. 15-1-1963).
2. Subs. by Act 34 of 1996, s. 2, for “two persons” (w.e.f. 28-9-1996).
3. Subs. by s. 2, ibid., for “three independent persons” (w.e.f. 28-9-1996).

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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 nothing in this sub-section shall

prevent the Board from making recommendations for fixation or revision of rates of wages on all India
basis.]

**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.

(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.

**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.

1. The Explanation added by Act 31 of 1989, s. 3.

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(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[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 before the constitution of the Tribunal shall
remain in force until the order of the Central Government under section 12 read with this section comes
into operation.]

2[CHAPTER IIA

NON-JOURNALIST NEWSPAPER EMPLOYEES

**13B. 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.

1. Ins. by Act 6 of 1979, s. 3. (w.e.f. 31-1-1979).
2. Ins. by Act 60 of 1974, s. 4.

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(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.

**13C. 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 in respect of non-journalist newspaper**
employees under this Act, the Central Government shall, as and when necessary, constitute a Wage Board
which shall consist of—

(a) [1][three persons] representing employers in relation to newspaper establishments;
(b) [1][three persons] representing non-journalist newspaper employees; and

(c) [2][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.

**13D. Application of certain provisions.—The provisions of sections 10 to 13A 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 journalists therein, wherever they occur, shall be

construed respectively as references to the Board constituted under section 13C 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 13C; 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[13DD. Constitution of Tribunal for fixing or revising rates of wages in respect of non
**journalist newspaper employees.—(1) Notwithstanding anything contained in this Act, where the**
Central Government is of opinion that the Board constituted under section 13C for the purpose of fixing
or revising rates of wages in respect of non-journalist newspaper employees 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 non-journalist newspaper employees 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 non-journalist newspaper employees,
subject to the modifications that—

(a) the references to the Board and working journalists therein, wherever they occur, shall be

construed respectively as references to the Tribunal and to non-journalist newspaper employees;

(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

1. Subs. by Act 34 of 1996, s. 3, for “two persons” (w.e.f. 28-9-1996).
2. Subs. by s. 3, ibid., for “three independent persons” (w.e.f. 28-9-1996).
3. Ins. by Act 6 of 1979, s. 4 (w.e.f. 31-1-1979).

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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 13C

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 read

with section 13D in respect of non-journalist newspaper employees and in force immediately before the
constitution of the Tribunal shall remain in force until the order of the Central Government under section
12 read with this section comes into operation.]

CHAPTER III

APPLICATION OF CERTAIN ACTS TO NEWSPAPER EMPLOYEES

**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 employees 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.

**15. Act 19 of 1952 to apply to newspaper establishments.—The Employees’ Provident Funds [1][and**

Miscellaneous Provisions] Act, 1952, as in force for the time being, shall apply to every newspaper
establishment in which twenty or more persons are employed on any day, as if such newspaper
establishment were a factory to which the aforesaid Act had been applied by a notification of the Central
Government under sub-section (3) of section 1 thereof, and as if a newspaper employee were an employee
within the meaning of that Act.

CHAPTER IV

MISCELLANEOUS

**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 terms 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 matter, 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 rights or privileges in respect of any matter
which are more favourable to him than those to which he would be entitled under this Act.

**2[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 13AA or section 13DD, dismiss, discharge or retrench any newspaper employee.]

**3[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 authorised 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

1. Subs. by Act 99 of 1976, s. 17, for “and Family Pension Fund” (w.e.f. 1-8-1976).
2. Ins. by Act 36 of 1981, s. 3 (w.e.f. 13-8-1980).
3. Subs. by Act 65 of 1962, s. 5, for section 17 (w.e.f. 15-1-1963).

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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 State Government may, on its own motion or upon application made to it, refer the question
to any Labour Court constituted by it under the Industrial Disputes Act, 1947 (14 of 1947) or under any
corresponding law relating to investigation and settlement of industrial disputes in force in the State and
the said Act or law shall have effect in relation to the Labour Court as if the question so referred were a
matter referred to the Labour Court for adjudication under that Act or law.

(3) The decision of the Labour Court shall be forwarded by it to the State Government which made

the reference and any amount found due by the Labour Court may be recovered in the manner provided in
sub-section (1).

**17A. 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.

**17B. 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, registers and other documents relating to the employment of persons or the payment
of wages in the establishment;

(c) examine with respect to any matter relevant to any of the purposes aforesaid, the employer, his

agent or servant or any other person found in charge of the newspaper establishment or any premises
connected therewith or any person whom the Inspector has reasonable cause to believe to be or to
have been an employee in the establishment;

(d) make copies of or take extracts from any book, register or other documents maintained in

relation to the newspaper establishment;

(e) exercise such other powers as may be prescribed.

(3) Every Inspector shall be deemed to be a public servant within the meaning of the Indian Penal

Code (45 of 1860).

(4) Any person required to produce any document or thing or to give information by an Inspector

under sub-section (2) shall be legally bound to do so.]

**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:

1. Subs. by Act 65 of 1962, s. 6, for sub-section (1) (w.e.f. 15-1-1993).

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Provided that nothing contained in this sub-section shall render any such person liable to any

punishment provided in this section if he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such offence.

(1C) Notwithstanding anything contained in sub-section (1B), where an offence under this section has

been committed by a company and it is proved that the offence has been committed with the consent or
connivance of, or that the commission of the offence is attributable to, any gross negligence on the part of
any director, manager, secretary or other officer of the company, such director, manager, secretary or
other officer shall also be deemed to be guilty of such offence and shall be liable to be proceeded against
and punished accordingly.

(1D) Forthe purposes of this section,—

(a) “company” means any body corporate and includes a firm or other association of individuals;

and

(b) “director” in relation to a firm means a partner in the firm.]

(2) No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any

offence punishable under this section.

(3) No Court shall take cognizance of an offence under this section, unless the complaint thereof is

made within six months of the date on which the offence is alleged to have been committed.

**19. Indemnity.—No suit, prosecution or other legal proceeding shall lie against the Chairman or any**

other member of the Board [1][or the person contributing the Tribunal] [2][or an Inspector appointed under
this Act] for anything which is in good faith done or intended to be done.

3[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.

**19B. Saving.—Nothing in this Act or the Working Journalists (Fixation of Rates of Wages) Act,**

1958 (29 of 1958) shall apply to [4][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.]

**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;

5[(d) the procedure to be followed by the Board 6[or, as the case may be, the Tribunal,] in the

discharge of its functions under this Act;

(e) the form of nominations, and the manner in which nominations may be made;

1. Ins. by Act 6 of 1979, s. 5 (w.e.f. 31-1-1979).
2. Ins. by Act 65 of 1962, s. 7 (w.e.f. 15-1-1963).
3. Ins. by s. 8, ibid. (w.e.f. 15-1-1963).
4. Subs. by Act 60 of 1974, s. 5.
5. Subs. by Act 65 of 1962, s. 9, for clauses (d), (e) and (f) (w.e.f. 15-1-1963).
6. Ins. by Act 6 of 1979, s. 6 (w.e.f. 31-1-1979).

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(f) the manner in which any person may be appointed for the purposes of sub-section (3) of

section 5A;

(g) the variation or cancellation of nominations;

(h) the manner of giving notice under clause (a) of sub-section (2) of section 12;

(i) the registers, records and muster-rolls to be prepared and maintained by newspaper

establishments, the forms in which they should be prepared and maintained and the particulars to be
entered therein;

(j) the powers that may be exercised by an Inspector;

(k) any other matter which has to be, or may be, prescribed.]

1[(3) Every rule made under this section shall be laid as soon as may be after it is made before each

House of Parliament while it is in session for a total period of thirty days which may be comprised in one
session [2][or in two or more successive sessions], and if before the expiry of the session [3][immediately
following the session or the successive sessions aforesaid], both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so however that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that rule.]

21. [Repeal of Act 1 of 1955].—Rep. by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and

_the First Schedule._

_____

1. Subs. by Act 65 of 1962, s. 9, for sub-section (3) (w.e.f. 15-1-1963).
2. Subs. by Act 60 of 1974, s. 6, for “or in two successive sessions”.
3. Subs. by s. 6, ibid., for “in which it is so laid or the session immediately following”.

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1[THE SCHEDULE

[See section 2(d)]

1. For the purposes of clause (d) of section 2,—

(1) two or more newspaper establishments under common control shall be deemed to be one

newspaper establishment;

(2) two or more newspaper establishments owned by an individual and his or her spouse shall be

deemed to be one newspaper establishment unless it is shown that such spouse is a sole proprietor or
partner or a shareholder of a corporate body on the basis of his or her own individual funds;

(3) two or more newspaper establishments publishing newspapers bearing the same or similar

title and in the same language in any place in India or bearing the same or similar title but in different
languages in the same State or Union territory shall be deemed to be one newspaper establishment.

2. For the purposes of paragraph 1 (1), two or more establishments shall be deemed to be under

common control—

(a) (i) where the newspaper establishments are owned by a common individual or individuals;

(ii) where the newspaper establishments are owned by firms, if such firms have a substantial number

of common partners;

(iii) where the newspaper establishments are owned by bodies corporate, if one body corporate is a

subsidiary of the other body corporate, or both are subsidiaries of a common holding company or a
substantial number of their equity shares are owned by the same person or group of persons, whether
incorporated or not;

(iv) where one establishment is owned by a body corporate and the other is owned by a firm, if a

substantial number of partners of the firm together hold a substantial number of equity shares of the body
corporate;

(v) where one is owned by a body corporate and the other is owned by a firm having bodies corporate

as its partners if a substantial number of equity shares of such bodies corporate are owned, directly or
indirectly, by the same person or group of persons, whether incorporated or not, or

(b) where there is functional integrality between concerned newspaper establishments.]

1. Ins. by Act 31 of 1989, s. 4.

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