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

WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES 
(CONDITION OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 
1955 
(N0. 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 the Parliament in the Sixth Year of the Republic of India as 
follows:  
 
CHAPTER I 
Preliminary 
1. Short title and commencement .-- (1) This Act may be called the 
2[Working  Journalists and Other Newspa per 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-journalists newspaper employees, the Wage 
Board constituted under section 13-C;] 
 (b) “newspaper” means any printed periodical work containing public 
news or comments on public news and includes such other class of printed 
p e ri o d i c a l  w o rk  a s  m a y,  f ro m  t i m e  t o  t i m e ,  b e  n o t i fi e d  i n  t h i s b e h a l f  b y t h e  
Central Government in the Official Gazette; 
 (c) “newspaper employee” means any working journalist, and includes 
any other person employed to do any work  in or in relation to any newspaper 
establishment; 
 (d) “newspaper establishment” means an establishment under the 
control of any person or body of person s, whether incorporated or not, for the 
production or publication of one or more newspaper 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] 
                                                             
1 Published in the Gazette of India, Extraordinary, Pt.II, Sec I, No. 60, dated the 21st December, 1955. 
2 Subs by Act 60 of 1974, sec. 2 
3 Omitted by Act 51 of 1970, sec. 2 and Schedule for the words ’except the State of Jammu and Kashmir. 
4 subs. by Act 60 of 1974, Sec. 3. 
5 Ins. by Act 31 of 1989, sec.2. 
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 
(iii) being employed in a superv isory 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; 
7[(ee) Tribunal means-  
(i) in relation to working journalists, the Tribunal constituted 
under sec. 13-AA; and  
(ii) in relation to non-jour nalists newspaper employees, the 
Tribunal constituted under sec. 13-DD] 
8(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 acco mmodation, or of supply of 
light, water, medical attendance or other amenity or of 
any service or of any concessional supply of foodgrains or 
other articles; 
(iii) any traveling concession, 
but does not include- 
(a) any bonus; 
(b) any contribution paid or payable by the employer to any 
person 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 
9[who is employed as such, 
either whole-time or part-time, in , or in relation to, one or more 
newspaper establishment] and includes an editor, a leader, 
writer, news-editor, sub-editor , feature-writer, copy-tester, 
                                                             
6 Ins. by Act 60 of 1974 , sec. 2 
7 Ins. by Act 6 of 1979, sec. 2 (w.e.f  31st January, 1979) 
8 Ins. by Act 31 of 1089, sec. 2. 
9 Subs. by Act 36 of 1981 (w.e.f. 13th August, 1981) 
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 supervis ory capacity, performs, either by 
the nature of the duties attached to his office or by reason of the 
powers vested in him, function mainly of a managerial nature: 
(g) all  words and expressions used by not defined in this Act and 
defined in the Industrial Disputes Act, 1947 (XIV of 1947), shall 
have the meanings respectively assigned to them in that Act. 
 
CHAPTER II 
WORKING JOURNALISTS 
 
3.  Act XIV of 1947 to apply to working journalists. –-  (1)  The provisions 
of the Industrial Dispute Act, 1947 (XIV 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 the Act. 
  (2)   Section 25 –F of the aforesaid Act, in its application to working 
journalist, shall be construed as if in Cl . (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 day’s average pay 
for every completed year of service under that employer or any part thereof in 
excess of six months. 
 
10[5.  Payment of gratuity . –- (1) Where – 
 (a)   any working journalist has b een 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  
                                                             
10 subs. by Act 65 of 1962 , Sec. 3 (w.e.f 15th January, 1963) 
 
 (b)  any working journalist has been in continuous service whether 
before or after the commencement of this Act, for not less that ten years in 
any newspaper establishment, and he voluntarily resigns on or after the 1st day 
of July, 1961, from service in that ne wspaper establishmen t on any ground 
whatsoever other than on the ground of conscience; or  
 (c)  any working journalist has been  in a 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 esta blishment on the ground of conscience; 
or 
 (d)  any working journalist dies whil e 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 unde r the Industrial Disputes Act, 1947 (14 of 
1947), be paid, on such termination, reti rement, resignation or death, by the 
employer in relation to that establishm ent, gratuity which shall be equivalent 
to fifteen days’ average pay for every co mpeted year of service or any part 
thereof in excess of six months: 
 Provided that in the case of a work ing journalist referred to in Cl. (b), 
the total amount of gratuity that shall be payable to him shall not exceed 
twelve and a – half months’ average pay : 
 Provided further that where a working journalist is employed in any 
newspaper establishment wherein not more that 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 equiva lent to fifteen days’ average pay for 
every completed year of service or any part thereof 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; 
 (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-se ction and sub-section (1) of Sec. 
17. “family” means- 
 
 (i)  in the case of male working jo urnalist, his widow, children, whether 
married or unmarried, and his dependen t 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 th e dependent parents of the working 
journalist or of her husband, and widow and children of her deceased son: 
 Provided that if the working jour nalist has expressed her desire to 
exclude her husband from the family, the husband and his dependent parents 
s h a l l  n o t  b e  d e e m e d  t o  b e  a  p a r t  o f  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 recognized, such a 
child shall not be considered as a member of the working journalist. 
 
(2) Any dispute whether a working journa list 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 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 Sec. 5-A : 
 Provided that where there is no su ch 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 gr atuity is payable to two or more 
nominees, and either or any of them di es, the gratuity shall be paid to the 
surviving nominee or nominees. 
 
5-A. Nomination by working journalist.  -- (1) Notwithstanding anything 
contained in any law for the time bein g 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 ma nner purports to 
confer on any person the right to receiv e payment of the gratuity for the time 
being due to the working journalist, th e 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 su b-section (1) shall become void if 
the nominee predeceases, or where ther e 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 even t 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. 
 (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 p.m. being included 
therein. 
Explanation – For the purposes of this sectio n, “week” means a period of seven 
days beginning at midnight on Saturday. 
 
7.  Leave. – With out 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. 
 
11[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 journalist ; 
 (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 Sec. 6 of the Working Journali sts (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 journalist’s 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) two persons representing employers in relation to newspaper 
establishments ; 
 (b) two persons representing working journalists ; 
 (c)   three independent persons, on e of whom shall be a person who is 
or has been a Judge of 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 
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. 
                                                             
11 Subs. by Act 65 of 1962, Sec. 4, for Secs. 8 to 13 (w.e.f. 15th January, 1963) 
(3) The Board shall take into account the representation 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 newspaper industry 
in different regions of the country and to any other circumstances which to the 
Board may seem relevant. 
12[Explanations. – 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.] 
 
Classification not violative of Arts. 19 (1) (a) and 19 (g). --  In view of the 
amended definition of the “newspaper establishment” under Sec. 2(d) which 
came into operation retrospectively fr om the inception of the Act and the 
Explanation added to Sec. 10(4) and in view  further of the fact that in clubbing 
the units of the establishment together, the Board cannot be said to have 
acted contrary to the law laid down by the Supreme Court in Express 
Newspaper case
13.  The classification of the newspaper establishments on all 
India basis for the purpose of fixation of wages is not bad in law.  Hence it is 
not violative of the petitioner’s rights under Arts. 19 (1) (a) and 19 (1) (g) of 
the Constitution
14.  
 
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 co ntained in this Act, and the rules, if 
any, made thereunder have power to regulate its own procedure. 
(2) Any representation made to the Board and any document furnished to it 
by way of evidence shall be open to in spection 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 Centra l Government shall fill the vacancy by 
appointing another person thereto in accordance with the provisions of Sec. 9 
and any proceeding may be continued befo re the Board as 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 whic h, in the opinion of the Central 
                                                             
12 Ins. by Act 31 of 1989, Sec. 2. 
13 (1959) S.C.R 12. 
14 Indian Express Newspapers (p) Ltd. V. Union of India, 1995 (70)  F.L.R. 341 at p. 350(S.C). 
Government, do not affect important alterations in the character of the 
recommendations. 
(2) Notwithstanding any thing 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 give n to all persons likely to be affected 
thereby in such manner as may be pres cribed, 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 
with such modifications of the nature refe rred 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 togeth er with the recommendations of that 
Board relating to the order and order shal l 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 Sec.12 every working journalist shall be entitled to 
be paid by his employer wages in the rate  which shall, in no case, be less than 
the rate of wages specified in the order. 
 
 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 establishment and every working journalist shall be 
entitled to be paid wages at a rate wh ich 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 Sec. 12 comes into 
operation. 
 
15[13-AA. Constitution of Tribunal for fi xing or revising rates of wages in 
respect of working journalists.-- Notwithstanding anything contained in this 
Act,  where the Central Government is of opinion that the Board constituted 
under Sec.9 for the purpose of fixing or revising rates of wages in respect of 
working journalist under this Act had not been able to function (for any reason 
whatsoever) effectively, and in the  circum stances, it is necessary so to do, it 
may, be notification in the official Ga zette, Gazette, constitute a Tribunal, 
                                                             
15 Ins. by Act 6 of 1979, Sec. 3 (w.e.f. 31st January, 1979) 
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 fi xing or revising rates of wages in 
respect of working journalists under this Act. 
(2) The provisions of Secs. 10 to 13-A sh all apply to , and in relation to, the 
Tribunal constituted under sub-sectio n (1) of the 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 Sec. 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 Sec. 9 shall be construed as a reference to sub-
section (1) of this section ; and  
 (c) the reference in Sec. 13 and Sec.13-A to Sec.12 shall be construed 
as reference to Sec. 12 read with this section. 
(3) The Tribunal, in discharging its func tions 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-su mmon 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 Sec. 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 Sec. 13-A 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 un d e r  S e c .  1 2  r e a d  w i t h  t h i s  s e c t i o n  
comes into operation.] 
 
 
16[CHAPTER II –A 
Non-journalist Newspaper Employees 
 
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 su ch intervals as it may think fit, the 
rates of wages fixed under this section. 
                                                             
16 Ins. by Act 60 of 1974, Sec. 4. 
(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. 
 
13-C. Wage Board for 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) two persons representing employers in relation to newspaper 
establishment; 
 (b) two persons representing no n-journalist newspaper employees; 
and  
 (c) three 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. 
 
13-D. Application of certain provisions.— The provisions of Secs. 10 to 13-A 
shall apply to, and in relation to, the Board constituted under Sec. 13-C, 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 Sec. 13-C and to non-journalist newspaper employees. 
 (b) the references in sub-section (3) of Sec. 11 to Sec. 9 shall be 
construed as a reference to Sec. 13-C; and  
 (c) the reference in Sec. 13 and Sec. 13-A to Sec. 12 shall be 
construed as a reference to Sec. 12 read with this section.] 
 
17[13-DD. Constitution of Tribunal for fi xing 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 Sec.13-C 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 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 Su preme 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 Sec. 10 to 13-A 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; 
                                                             
17 Ins. by Act 6 of 1979, Sec. 4 (w.e.f. 31st January, 1979) 
  (b) in sub-section (3) of Sec. 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; 
 (ii) the reference to Sec. 9 shall be construed as a reference to sub-
section (1) of this section; and 
 (c) the reference in Sec. 13 and Sec. 13-A to Sec. 12 shall be 
construed as references to Sec. 12 read with this section; 
(3) The Tribunal, in discharging its func tions 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 Tribunal is of opinion that further, examination of any of 
the witnesses whose evidence has alread y been recorded is, necessary in the 
interests of justice, it may re-summon an y such witness, and after such further 
examination, cross-examination and re-exa mination, 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 Sec. 13-D in respect of non-journalist newspaper employees 
and in force 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 Sec. 13-A read with  Sec. 13- D 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 
Sec. 12 read with this section comes into operation.] 
 
CHAPTER III 
Application of certain Acts to Newspaper Employees 
 
14. Act XX of 1946 to apply to newspaper establishment.— The provisions 
of the Industrial Employment (Standin g Orders) Act, 1946 (XX of 1946), as in 
force for the time being, shall apply to every newspaper establishment wherein 
twenty or more newspaper employees ar e 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 Sec. 1 thereof, and as if a newspaper 
employee were a workman within the meaning of that Act. 
 
15. Act XIX of 1952 to apply to newspaper establishments.— The 
Employees’ Provident Funds Act, 1952 (XIX of 1952), as in force for the time 
being, shall apply to every newspaper es tablishment in which twenty or more 
persons are employed on any day, as if such newspaper establishment were a 
factory to which the afores aid Act had been applied by a notification of the 
Central Government under sub-section (3) of Sec. 1 thereof, and as if a 
newspaper employee were an employee with in the meaning of that Act. 
 
 
 
CHAPTER IV 
Miscellaneous 
 
16.  Effect of laws and agreemen ts 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 su ch award, agreement, contact 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 that those to which he would be entitled under this Act.  
 
18[16-A. Employer not to dismiss, di scharge, etc., newspaper employee.- 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 Sec. 12 or under Sec. 12  read with 
S e c .  1 3 - A A  o r  S e c .  1 3 - D D ,  d i s m i s s ,  d i s c h a r g e  o r  r e t r e n c h  a n y  n e w s p a p e r  
employee] 
 
19[17. Recovery of money due from an employer . (1) Where any amount is 
due under this Act to a newspaper empl oyee from an employer, the newspaper 
employee himself, or any person authorised  by him in writing in this behalf or 
in case of the death of the employee, any member of his family may, without 
prejudice to any other mode of recove ry, 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 am ount due under this Act to a newspaper 
employee from his employer, the State Government may, on its own motion or 
upon allocation 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 qu estion so referred were a matter referred 
to the Labour Court for the adjudication under that Act or law. 
                                                             
18 Ins. by Act 36 of 1981. 
19 subs. by Act 65 of 1962, Sec. 5 for Sec. 17 (w.e.f. 15th January, 1962) 
(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). 
 
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. 
 
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 su b-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 Wa ges)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, or 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 any employee in the establishment; 
 (d) make copies of or take extrac ts from any book, registers or other 
documents maintained in relation to the newspaper establishment; 
 (e) exercise such other po wers as may be prescribed. 
 (3) Every Inspector shall be deemed to be a public servant within the 
meaning of the Indian Penal Code, 1860 (45 of 1860) 
 (4) Any person required to produce any documents or thing or to give 
information by an Inspector under sub-section (2) shall be legally bound to do 
so] 
 
18. Penalty.- 
20[(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.  
 (1-A) Whoever, having been convicte d 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. 
 (1-B) where an offence has been co mmitted by a company, every person 
who, at the time offence was committed, was in charge of, and was reasonable 
to, the company for the conduct of the business of the company as well as the 
                                                             
20 subs. by Act 65 of 1962, Sec. 6, for sub-Section (1) (w.e.f. 15th January, 1963). 
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 th is 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. 
 (1-C) Notwithstanding anything contained in sub-section (1-B), where an 
offence under this section has been co mmitted 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 a ttributable to, any gross negligence on 
this part of any director, manager, secretary or other officer of the company, 
such director, manager, secretary or othe r officer shall also be deemed to be 
guilty of such offence shall be liable  to be proceeded against and punished 
accordingly. 
 (1-D) for the 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 Presid ency 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 was 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 
21[or the person constituting 
the Tribunal] 22[or an Inspector appointed under this Act] for anything which is 
in good faith done or intended to be done. 
 
23[19-A.   Defects in appointment 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. 
 
19-B.      Saving.--   Nothing in his Act or the Working Journalists (Fixation of 
Rates of Wages) Act, 1958 (2 9 of 1958), shall apply to 
24[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 Service (Temporary Servic e) Rules, Revised Leave Rules, Civil 
Service Regulations, Civilians in Defence Services (Classification, Control and 
Appeal) Rules, or the Indian Railway Es tablishment Code or any other rules or 
regulations that may be notified in this behalf by the Central Government in 
the official Gazette, apply.] 
 
                                                             
21 Ins. by Act 6 of 1979, Sec. 5 (w.e.f. 31st January, 1979) 
22 Ins. by Act 65 of 1962, Sec. 7. 
23 Ins. by Act 65 of 1962, Sec. 8 (w.e.f. 15th January, 1963). 
24 Subs. by Act 60 of 1974, Sec. 5. 
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, 
 
25[(d) the procedure to be followed by the Board [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; 
 (f)  the manner in which any person may be appointed for the 
purposes of sub-section (3) of Sec. 5-A; 
 (g) the variation or cancellation of nominations; 
 (h) the manner of giving notice under Cl. (a) of sub-section (2) of 
Sec.12; 
 (i)  the registers, records and muster-rolls to be prepared an 
maintained by newspaper establishments , the forms in which they should be 
prepared and maintained and the particulars to be entered therein; 
 (j)  the power that may be exercised by an Inspector; 
 (k) any other matter which has to  be, or may be, prescribed.] 
26[(3) Every rule made under his section sha ll 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 comprises in one session 
27[or in two or more 
successive sessions.] and if before the expiry of the session [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.] 
 
28[THE SCHEDULE] 
(see Sec. 2 (d)) 
1. For the purposes of Cl. (d) of Sec. 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 establishment publishing newspaper 
bearing the same or similar title and in the same language in any place in India 
                                                             
25 Subs. by Act 65 of 1962, Sec. 9 for Cls. (d), (3), and (f) (w.e.f. 15th January, 1963) 
26 Subs. by Act 65 of 1962, Sec. 9 (w.e.f. 15th January, 1963) 
27 Subs. by Act 60 of 1974, Sec. 6. 
28 Ins. by Act 60 of 1974, Sec 6. 
or bearing the same or similar title but 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 esta blishments are owned by a common 
individual or individuals; 
 (ii) where the newspaper establishm ents are owned by firms, if such 
firms have 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) (a) 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 corporat e are owned,  directly or indirectly, by 
the same person or group of persons, whether incorpor

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