LexThe WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955
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The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES
(CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT,
1955
INDEX
Sr. No. Particulars
Introduction
CHAPTER I : PRELIMINARY
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 wage s
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 w ages
13AA. Constitution of Tribunal for fixing or revis ing rates of
wages in respect of working journalists
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
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 wa ges in
respect of non-journalist newspaper employees
13D. Application of certain provisions
13DD. Constitution of Tribunal for fixing or revis ing 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 establish ments
15. Act 19 of 1952 to apply to newspaper establish ments
CHAPTER IV : MISCELLANEOUS
16. Effect of laws and agreements inconsistent wit h this
Act
16A. Employer not to dismiss, discharge, etc., new spaper
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 act s
19B. Saving
20. Power to make rules
21. [Repealed]
THE SCHEDULE
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
THE WORKING JOURNALISTS AND OTHER NEWSPAPER
EMPLOYEES (CONDITIONS OF SERVICE) AND MISCELLANEOUS
PROVISIONS ACT, 1955
INTRODUCTION
A large number of persons are employed in the vario us newspapers and
periodicals being published in India. Every newspap er or periodical
establishment had devised its own way of employing persons to run its working.
With the growth of newspaper industry it was felt n ecessary to have a uniform
law relating to the conditions of service of workin g journalist and other persons
employed in newspaper establishments. Accordingly T he Working Journalists
(Conditions of Service) and Miscellaneous Provision s Bill was introduced in the
Parliament.
ACT 45 OF 1955
The Working Journalists (Conditions of Service) and Miscellaneous Provisions
Bill was passed by both the Houses of Parliament an d it received the assent of
President on 20th December, 1955. It came on the St atute Book as THE
WORKING JOURNALISTS (CONDITIONS OF SERVICE) AND
MISCELLANEOUS PROVISIONS ACT, 1955 (45 of 1955). By the Working
Journalists (Conditions of Service) and Miscellaneo us Provisions (Amendment)
Act, 1974 (60 of 1974) the nomenclature of Act was changed and now it stands
as THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPL OYEES
(CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISION S ACT,
1955 (45 of 1955).
LIST OF AMENDING ACTS
1. The Working Journalists (Amendment) Act, 1962 (6 5 of 1962).
2. The Central Labour Laws (Extension to Jammu and Kashmir Act, 1970 (51 of
1970).
3. The Working Journalists (Conditions of Service) and Miscellaneous
Provisions (Amendment) Act, 1974 (60 of 1974),
4. The Working Journalists and other Newspaper Emp loyees (Conditions of
Service) and Miscellaneous Provisions (Amendment) Act, 1979 (6 of 1979).
5. The Working Journalists and other Newspaper Emp loyees (Conditions of
Service) and Miscellaneous Provisions (Amendment) Act, 1981(36 of 1981).
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
6. The Working Journalists and other Newspaper Emp loyees (Conditions of
Service) and Miscellaneous Provisions (Amendment) Act, 1989 (31 of 1989).
7. The Working Journalists and other Newspaper Emp loyees (Conditions of
Service) and Miscellaneous Provisions (Amendment) Act, 1996 (34 of 1996).
THE WORKING JOURNALISTS AND OTHER NEWSPAPER
EMPLOYEES (CONDITIONS OF SERVICE) AND MISCELLANEOUS
PROVISIONS ACT, 1955 1
(45 of 1955)
[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 th e 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 Servi ce) 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 B oard constituted under section 9;
and
(ii) in relation to non-journalist newspaper employ ees, the Wage Board
constituted under section 13C;]
1 Extended to Goa, Daman and Diu by Reg. 11 of 196 3, sec. 3 and Sch. and to Pondicherry by
Act 26 of 1968, sec. 3 and Sch.
2 Subs. by Act 60 of 1974, sec. 2, (or “Working Journali sts” (w.e.f. 21-12-1974).
3 The words “except the State of Jammu and Kashmir” omi tted by Act 51 of 1970, sec. 2 and
Sch. (w.e.f. 1-9-1971).
4 Subs. by Act 60 of 1974, sec. 3, for clause (a) (w.e.f . 21-12-1974).
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
(b) “newspaper” means any printed periodical work containing publi c news or
comments on public news and includes such other cla ss 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 rela tion 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 1[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 newspa per establishment if the
principal business thereof is to print newspaper;]
2[(dd) “non-journalist newspaper employee” means a person employed to do
any work in, or in relation to, any newspaper estab lishment, but does not
include any such person who—
(i) is a working journalist, or
(ii) is employed mainly in a managerial or administ rative capacity, or
(iii) being employed in a supervisory capacity, per forms, either by the nature of
the duties attached to his office or by reason of t he powers vested in him,
functions mainly of a managerial nature;]
(e) “prescribed” means prescribed by rules made under this Act;
3[(ee)
“Tribunal” means—
(i) in relation to working journalists, the Tribun al constituted under section 13
AA; and
1 Ins. by Act 31 of 1989, sec. 2 (w.e.f. 28-8-1989).
2 Ins. by Act 60 of 1974, sec. 3 (w.e.f. 21-12-1974].
3 Ins. by Act 6 of 1979, sec. 2 (w.e.f. 31-1-1979).
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
(ii) in relation to non-journalist newspaper employ ees, the Tribunal constituted
under section 13 DD;j
1[(eee) “wages” means all remuneration capable of being expressed in terms of
money, which would, if the terms of employment, exp ressed or implied, were
fulfilled, be payable to a newspaper employee in re spect of his employment
or of work done in such employment, and includes— (i ) such allowances
(including dearness allowance) as the newspaper emp loyee is for the time
being entitled to;
(ii) the value of any house accommodation, or of su pply 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 employe r 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 all owances, if any, of any
description fixed from time to time;]
(f) “working journalist” means a person whose principal avocation is that o f a
journalist and
2[who is employed as such, either whole-time or part -time, in,
or in relation to, one or more newspaper establishm ents], and includes an
editor, a leader-writer, news editor, sub-editor, f eature-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 administ rative capacity, or
(ii) being employed in a supervisory capacity, perf orms, either by the nature of
the duties attached to his office or by reason of t he powers vested in him,
functions mainly of a managerial nature;
1 Ins. by .Act 31 of 1989, sec. 2 (w.e.f. 28-8-1989).
2 Subs by Act 36 of 1981, sec. 2, for certain words (w.e .f. 13-8-1980).
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
(g) all words and expressions used but not defined in this Act and defined in the
Industrial Disputes Act, 1947 (14 of 1947), shall h ave the meanings
respectively assigned to them in that Act.
CASE LAW
Even an ex-employee, whose employment has come to a n end as a result of his
resignation, comes within the ambit of the definiti on of ‘working journalist’;
Bennett Coleman & Co. (P.) Ltd, v. Punya Priya Das Gupta, AIR 1970 SC 426.
CHAPTER II
WORKING JOURNALISTS
3. Act 14 of 1947 to apply to working journalists. —(1) The provisions of the
Industrial Disputes Act, 1947 (14 of 1947), as in f orce 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 applic ation to working journalists, shall
be construed as if in clause (a) thereof, for the p eriod of notice referred to
therein in relation to the retrenchment of a workma n, 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, h e 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 mont h’s notice in writing
before such retrenchment; and
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
(b) compensation which shall be equivalent to fifte en 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 s ervice, whether before or after
the commencement of this Act, for not less than thr ee 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 s ervice, 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 s ervice, whether before or after
the commencement of this Act, for not less than thr ee 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 serv ice in any newspaper
establishment, the working journalist or, in the ca se 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 Indust rial Disputes Act, 1947 (14
of 1.947), be paid, on such termination, retirement , resignation or death, by
the employer in relation to that establishment grat uity which shall be
equivalent to fifteen days’ average pay for every c ompleted 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 h im shall not exceed twelve
and half months’ average pay:
1 Section 5 and 5A subs. by Act 65 of 1962, sec.3, for section 5 (w.e.f. 15-1-1963).
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
Provided further that where a working journalist i s employed in any
newspaper establishment wherein not more than six w orking journalists were
employed on any day of the twelve months immediatel y preceding the
commencement of this Act, the gratuity payable to a working journalist
employed in any such newspaper establishment for an y 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 yea r of service or any part
thereof in excess of six months, if the period of s uch 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 yea r 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-sectio n (1) of
section 17, “family” means—
(i) in the case of a male working journalist, his w idow, children, whether married
or unmarried, and his dependent parents and the wid ow and children of his
deceased son:
Provided that a widow shall not be deemed to be a m ember 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, he r 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 express ed her desire to exclude
her husband from the family, the husband and his de pendent parents shall
not be deemed to be a part of the working journalis t’s family, and in either of
the above two cases, if the child of a working jour nalist or of a deceased son
of a working journalist has been adopted by another person and if under the
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
personal law of the adopter, adoption is legally re cognised, 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 vo luntarily resigned from
service in any newspaper establishment on the ground of conscience shall be
deemed to be an industrial dispute within the meani ng of the Industrial
Disputes Act, 1947 (14 of 1947), or any correspondi ng law relating to
investigation and settlement of industrial disputes in force in any State.
(3) Where a nominee is a minor and the gratuity und er sub-section (1) has
become payable during his minority, it shall be pai d to a person appointed
under sub-section (3) of section 5A:
Provided that where there is no such person, paymen t 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 eithe r 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, o r in any disposition,
testamentary or otherwise in respect of any gratuit y payable to a working
journalist, where a nomination made in the prescrib ed manner purports to
confer on any person the right to receive payment o f the gratuity for the time
being due to the working journalist, the nominee sh all, 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 pe rsons, unless the nomination
is varied or cancelled in the prescribed manner.
(2) Any nomination referred to in sub-section (1) s hall 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 lawfu l 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 duri ng the minority of the
nominee.]
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
6. Hours of work. —(1) Subject to any rules that may be made under thi s Act, no
working journalist shall be required or allowed to work in any newspaper
establishment for more than one hundred and forty-f our hours during any
period of four consecutive weeks, exclusive of the time for meals.
(2) Every working journalist shall be allowed durin g 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 pe riod 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 on e-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 Wa ges) Act, 1958 (29 of
1958).
(2) The rates of wages may be fixed or revised by t he Central Government in
respect of working journalists for time work and for piece work.
9. Procedure for fixing and revising rates of wage s.— For the purpose of
fixing or revising rates of wages in respect of wor king journalists under this
Act, the Central Government shall, as and when nece ssary, constitute a
Wage Board which shall consist of—
(a) 2[three persons] representing employers in relation to newspaper
establishments;
1 Subs. by Act 65 of 1962, sec. 4, for sections 8 to 13 ( w.e.f. 15-1-1963).
2 Subs. by Act 34 of 1996, sec. 2 (w.e.f. 28-9-1996).
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
(b) 1[three persons] representing working journalists;
(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.
10. Recommendation by Board. —(1) The Board shall, by notice published in
such manner as it thinks fit, call upon newspaper e stablishments and working
journalists and other persons interested in the fix ation or revision of rates of
wages of working journalists to make such represent ations as they may think
fit as respects the rates of wages which may be fix ed or revised under this
Act in respect of working journalists.
(2) Every such representation shall be in writing a nd shall be made within such
period as the Board may specify in the notice and s hall state the rates of
wages which, in the opinion of the person making th e representation, would
be reasonable, having regard to the capacity of the employer to pay the same
or to any other circumstance, whichever may seem re levant to the person
making the representation in relation to his representation.
(3) The Board shall take into account the represent ations 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 su ch 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 Go vernment, the Board shall
have regard to the cost of living, the prevalent ra tes of wages for comparable
employment, the circumstances relating to the newspaper industry in different
regions of the country and to any other circumstanc es which to the Board
may seem relevant.
3[Explanations.- For the removal of doubts, it is hereby declared th at nothing
in this sub-section shall prevent the Board from ma king recommendations for
fixation or revision of rates of wages on all India basis,]
CASE LAW
1 Subs. by Act 34 of 1996, sec. 2 (w.e.f. 28-9-1996).
2 Subs. by Act 34 of 1996, sec. 2 (w.e.f. 28-9-1996).
3 Added by Act 31 of 1989, sec. 3 (w.e.f. 28-8-1989).
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
(i) In view of section 2(d) and explanation to sect ion 10(4) of the Act, the units of
an establishment which have branches all over India can be clubbed together
for the purposes of fixation of wages on all India basis; Indian Express
Newspapers (P.) Ltd. v. Union of India, 1994(6) JT 269 SC 1.
(ii) Since all the units of an establishment are no t expected to form similarly,
uniform pay-scales for the employees of all the uni ts can be prescribed by
considering the financial capacity of an all India newspaper establishment as
a whole on the basis of the gross revenue and the f inancial capacity of all the
units taken together;. Indian Express Newspapers (P.) Ltd. v. Union of India,
AIR 1995 SC 965.
(iii) It can not be said that all India newspaper e stablishments are not liable
whatever the financial incapacity of their individu al units; Indian Express
Newspapers (P.) Ltd, v. Union of India AIR 1995 SC 965.
11. Powers and procedure of the Board.— (1) Subject to the provisions
contained in sub-section (2), the Board may exercis e all or any of the powers
which an Industrial Tribunal constituted under the Industrial Disputes Act,
1947 (14 of 1947), exercises for the adjudication o f 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 d ocuments furnished to it by
way of evidence shall be open to inspection on paym ent of such fee as may
be prescribed, by any person interested in the matter.
(3) If, for any reason, a vacancy occurs in the off ice of Chairman or any other
member of the Board, the Central Government shall f ill the vacancy by
appointing another person thereto in accordance wit h the provisions of
section 9 and any proceeding may be continued befor e the Board so
reconstituted from the stage at which the vacancy occurred.
12. Powers of Central Government to enforce recomme ndations of the
Wage Board. — (1) As soon as may be, after the receipt of the
recommendations of the Board, the Central Governmen t 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 opini on of the Central
Government, do not effect important alterations in the character of the
recommendations.
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
(2) Notwithstanding anything contained in sub-secti on (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 likel y to be affected thereby in
such manner as may be prescribed, and shall take in to account any
representations which they may make in this behalf in writing; or
(b) refer the recommendations or any part thereof t o the Board, in which case,
the Central Government shall consider its further r ecommendations and
make an order either in terms of the recommendation s 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 unde r this section shall be
published in the Official Gazette together with the recommendations of the
Board relating to the order and the order shall com e into operation on the
date of publication or on such date, whether prospe ctively 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 ra te 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 wa ges.— (1)
Notwithstanding anything contained in this Act, whe re 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 bi nding on all employers in
relation to newspaper establishments and every work ing 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).
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
(3) Any interim rates of wages fixed under sub-sect ion (1) shall remain in force
until the order of the Central Government under sec tion 12 comes into
operation.]
Case Law
Since the fixing of interim wages is in no way a fi nal decision as to fixation of
rates of wages, the parties concerned can make furt her and effective
representation to the Wage Board which makes, after due consideration, fresh
recommendations to the Central Government for accep tance. Hence, the
procedure prescribed under section 12 of the Act ma king it incumbent on the
Central Government to give hearing lo the parties a ffected or serve notice before
or at the stage of fixation of interim wages, is ce rtainly not applicable to section
13A; Ananda Bazar Patrika Ltd. v. Union of India, 1989 74 FJR 401.
1[13AA. Constitution of Tribunal for fixing or revis ing rates of wages in
respect of working journalists. —(1) Notwithstanding anything contained in
this Act, where the Central Government is of opinio n 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 ha s 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, o r 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 appl y 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 t hey 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
1 Ins. by Act 6 of 1979, sec. 3 (w.e.f. 31-1-1979).
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
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(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 unde r this Act, may act on the
evidence recorded by the Wage Board or partly recor ded by the Wage Board
and partly recorded by itself:
Provided that if the Tribunal is of opinion that f urther 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 wit ness, and after such
further examination, cross-examination and re-exami nation, if any, as it may
permit, the witness shall be discharged.
(4) On the constitution of a Tribunal under sub-sec tion (1), the Board constituted
under section 9 and functioning immediately before such constitution shall
cease to exist and the members constituting that Bo ard shall be deemed to
have vacated their offices:
Provided that any interim rates of wages fixed by t he Central Government
under section 13A in respect of working journalists and in force immediately
before the constitution of the Tribunal shall remai n in force until the order of
the Central Government under section 12 read with t his section comes into
operation.]
1[CHAPTER IIA
NON-JOURNALIST NEWSPAPER EMPLOYEES
13B.Fixation or revision of rates of wages of non-j ournalist newspaper
employees.— (1) The Central Government may, in the manner herei nafter
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 60 of 1974, sec. 4 (w.e.f., 21-12-1974).
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
(2) The rates of wages may be fixed or revised by t he Central Government in
respect of non-journalist newspaper employees for t ime work and for piece
work.
13C. Wage Board for fixing or revising rates of wag es in respect of non-
journalist newspaper employees. —For the purpose of fixing or revising
rates of wages in respect of non-journalist newspap er employees under this
Act, the Central Government shall, as and when nece ssary, constitute a
Wage Board which shall consist of—
(a) 1[three persons] representing employers in relation to newspaper
establishments;
(b)
2 [three persons] representing non-journalist newspaper employees; and
(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,
13D. Application of certain provisions.— The provisions of sections 10 to 13A
shall apply to, and in relation to, the Board const ituted under section 13C, the
Central Government and non-journalist newspaper emp loyees, subject to the
modifications that—
(a) the references to the Board and working journal ists therein, wherever they
occur, shall be construed respectively as reference s 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.]
4[13DD. Constitution of Tribunal for fixing or revis ing rates of wages in
respect of non-journalist newspaper employees.— (1) Notwithstanding
anything contained in this Act, where the Central G overnment is of opinion
that the Board constituted under section 13C for th e purpose of fixing or
1 Subs. by Act 34 of 1996, sec. 3 (w.e.f. 28-9-1996).
2 Subs. by Act 34 of 1996, sec. 3 (w.e.f. 28-9-1996).
3 Subs. by Act 34 of 1996, sec. 3 (w.e.f. 28-9-1996).
4 Ins. by Act 6 of 1979, sec. 4 (w.e.f. 31-1-1979).
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
revising rates of wages in respect of non-journalis t newspaper employees
under this Act has not been able to function (for a ny reason whatsoever)
effectively, and in the circumstances, it is necess ary 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 Cou rt or the Supreme Court,
for the purpose of fixing or revising rates of wage s in respect of non-journalist
newspaper employees under this Act.
(2) The provisions of sections 10 to 13A shall appl y 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 journal ists therein, wherever they
occur, shall be construed respectively as reference s to the Tribunal and to
non-journalist newspaper employees;
(b) in sub-section (3) of section VI,—
(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 unde r this Act, may act on the
evidence recorded by the Wage Board or partly recor ded by the Wage Board
and partly recorded by itself:
Provided that if the Tribunal is of opinion that f urther 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 wit ness, and after such
further examination, cross-examination and re-exami nation, if any, as it may
permit, the witness shall be discharged,
(4) On the constitution of a Tribunal under sub-sec tion (1), the Board constituted
under section 13C and functioning immediately befor e such constitution shall
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
cease to exist and the members constituting that Bo ard 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 t he 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 establishm ents.— The provisions of
the Industrial Employment (Standing Orders) Act, 19 46, as in force for the
time being, shall apply to every newspaper establis hment wherein twenty or
more newspaper employees are employed or were emplo yed on any day of
the preceding twelve months as if such newspaper es tablishment were an
industrial establishment to which the aforesaid Act has been applied by a
notification under sub-section (3) of section 1 the reof, and as if a newspaper
employee were a workman within the meaning of that Act.
15. Act 19 of 1952 to apply to newspaper establishm ents.— The Employees’
Provident Funds Act, 19521, as in force for the tim e being, shall apply to
every newspaper establishment in which twenty or mo re persons are
employed on any day, as if such newspaper establish ment were a factory to
which the aforesaid Act had been applied by a notif ication 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 notwithsta nding anything inconsistent
therewith contained in any other law or in the term s of any award, agreement
1 Now the Employees.’ Provident Funds and Miscellaneous Provisions Act, 1952
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
or contract of service, whether made before or afte r the commencement of
this Act:
Provided that where under any such award, agreement , contract of service or
otherwise, a newspaper employee is entitled to bene fits 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 sha ll 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 construe d to preclude any newspaper
employee from entering into an agreement with an em ployer 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.
1[16A. Employer not to dismiss, discharge, etc., new spaper employees.—
No employer in relation to a newspaper establishmen t shall, by reason of his
liability for payment of wages to newspaper employe es 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, di scharge or retrench any
newspaper employee.]
2[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 authorise d by him in writing in
this behalf, or in the case of the death of the emp loyee, any member of his
family may, without prejudice to any other mode of recovery, make an
application to the State Government for the recover y 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 a mount 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 und er this Act to a newspaper
employee from his employer, the State Government ma y, 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
1 Ins. by Act 36 of 1981, sec. 3 (w.e.f. 13-8-1980).
2 Subs. by Act 65 of 1962, sec. 5, for section 17 (w.e.f . 15-1-1963).
The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act,
1955
under any corresponding law relating to investigati on and settlement of
industrial disputes in force in the State and the s aid Act or law shall have
effect in relation to the Labour Court as if the qu estion 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 forwa rded 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)].
Case Law
The State Government concerned (before whom the app lication for recovery is
made) will refer the question as to the amount due to a Labour Court, and the
latter upon reaching its decision will forward it t o the former, which will then direct
the collector to recover such amount; Samarjit Ghosh v. Bennett Coteman & Co.
(P.) Ltd., [1987] 71 FJR 176 (SC).
17A. Maintenance of registers, records, and muster- rolls.— Every employer
in relation to a newspaper establishment shall prep are 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 th e Official
Gazette, appoint such persons as it thinks fit to b e Inspectors for the
purposes of this Act and may define the local limit s within which they shall
exercise their functions.
(2) Any Inspector appointed under sub-section (1) m ay 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 esta blishment or any premises
connected therewith and require any one found in ch arge thereof to produce
before him for examination any accounts, books, reg isters 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 per son found in charge of the
The Working Journalists & Other Newspaper Employees (Conditions of Service) & MiscExcerpt shown. Open the full act in Lexace.