THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955
THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955
Title : THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955
Year : 1955
(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, 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.
16-A. 1* Employer not to dismiss, discharge, 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 Sec. 13-AA or Sec. 13-DD, dismiss, discharge or retrench any newspaper employee
(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 case of the death of the employee, any member of his family may, without prejudice to any other mode of recovery, make an application to the State Government for the recovery of the amount due to him and if the State Government or such authority as the State Government may specify in this behalf, is satisfied that any amount is so due, it shall issue a certificate for that amount to the Collector, and the Collector shall proceed to recover that amount in the same manner as an arrear of land revenue.
(2) If any question arises as to the amount due under this Act to a newspaper employee from his employer, the 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 question so referred were a matter referred to the Labour Court for the 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.
(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, 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 extracts from any book, registers 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, 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]
(1)1* If any employer contravenes any of the provisions of this Act or any rule or order made there under, 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 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 company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Provided that nothing contained in this sub-section shall render any such person liable to any 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 (1-B), 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 this 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 shall be liable to be proceeded against and punished accordingly.
(1D) 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 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 was made within six months of the date on which the offence is alleged to have been committed.
No suit, prosecution or other legal proceeding shall lie against the Chairman or any other member of the Board
1*[Or the person constituting the Tribunal]
2*[Or an Inspector appointed under this Act] for anything which is in good faith done or intended to be done.
3*[19A. 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.
Nothing in his 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 Service (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations, Civilians in Defence Services (Classification, Control and Appeal) Rules, or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the Central Government in the official Gazette, apply.]
(1) 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,
(d) 1* 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.
(3) 2* Every rule made under his 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 comprises in one session
3*[or in two or more successive sessions.] and if before the expiry of the session [immediately] following the session or the successive sessions a fore said]. 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.
(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 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 establishments are owned by a common individual or individuals;
(ii) Where the newspaper establishments 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 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) The Working Journalists and other Newspaper Employees (Condition of Service) and Miscellaneous Provisions (Amendment Ordinance), 1979 (30 of 1979) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.
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