The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955

Introduction

The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 covers all the aspects of rights and duties that has been provided to the people working in a media house such as journalist, editors etc. This right includes adequate wages, proper working hours, rights of having various leaves, etc.

The sole motive of this Act is to provide a better working condition for the employees on media houses This Article will focus on the most important parts of the Act and present the analysis of it.

Chapter I – Preliminary

The first part of the chapter 1 consists of the title and its boundaries. It stated that the above mention act will be called as “Working Journalists and other Newspaper Employees (Conditions of service) and Miscellaneous Provisions Act, 1955” which will be applied to whole India except Jammu and Kashmir. However, it should be noted that after abolition of Article 370 in the year 2019, this act is applied to the union territories of J & K and Ladakh as well.

Definitions

The definition part of the chapter defines the word ‘board’ in the act for both the working journalist as well as for the non-working newspaper employees. It states that for the working journalist, there shall be a Wage board under section 9 of the act and for the people working as employees of the news house, there shall be a Wage board under section 13 of the above-mentioned act.

The word, ‘Newspaper‘[1] refers to any printed and published periodical work containing public information or remarks on public information and consists of such different classes of printed periodical work as many, from time to time, be notified on this behalf through the central government within the official gazette.

An individual could be identified as a ‘Newspaper employee’ if she/he is a working journalist or some other person appointed to do any work in or when it comes to any newspaper established order.

The word, ‘Newspaper established’ refers to an establishment beneath the manipulate of any individual or frame of persons, whether or not included or not for any manufacturing or publication of one or more newspapers or for accomplishing any information company or syndicate.

‘Working journalists’ are described as someone whose primary avocation is that of a journalist and (who’s hired as such, both whole-time or part-time in, or when it comes to, one or more newspaper established), and consists of an editor, a frontrunner writer, news-editor, sub-editor, feature-writer, copy-tester, reporter, correspondent, cartoonist, photographer and proof-reader[2].

‘Non-journalist newspaper employee[3]’ means an individual who has been hired to do any work in, or in relation to, any newspaper establishment, however, does not consist of one of these characteristics—

•             is a working journalist, or
•             is hired particularly in a managerial or administrative capacity, or
• being hired in a supervisory capacity, performs, both by the nature of the obligations connected to his workplace or through the purpose of the powers vested in him, functions particularly of a managerial nature;

“Prescribed” method prescribed through rules made beneath this Act;

Chapter II – WORKING JOURNALISTS

Act XIV of 1947 to apply to working journalists.

In the case Keshav Lal M. Rao vs State of Gujarat and Ors. on 3rd August 1992[4], the Hon’ble High court of Gujrat held that the provisions of the Industrial Disputes Act, 1947 (14 of 1947), as in force, for the time being, shall subject to the amendment laid out in sub-section (2), practice to, or in relation to, working journalists as they practice to, or in relation to, workmen in the which means of that Act.

Section 25(f) of the act states the utility of a working journalist, which will be construed as in Cl. Therefore, the duration of the notice means the duration of retrenchment of a workman-

I. 6 months in case of editor,

II. 3 months in case of any other working journalists.

Special provisions in respect of certain cases of retrenchment

Anytime between the date of July 14, 1954 and March 12, 1955, if any working journalist had been retrenched, he shall be entitled to receive-

a) Wages of a month, if he has not received the letter of retrenchment; and

b) Compensation (equivalent to 15 days salary) for every completed year of service

Payment of gratuity

Any working journalist[5] has been in continuous service, whether before or after the commencement of this act for not less than three years in any newspaper establishment shall get a payment of gratuity. In the case Calcutta Insurance Co. Ltd vs Their Workmen on 6 February, 1967[6], the court held that if-

1. his services are terminated for any reason, otherwise than a punishment inflicted by way of disciplinary action, or
2. he retires from services on reaching the age of superannuation, or
3. he voluntarily resigns on or after July 1, 1961 from services, or
4. any working journalist dies while he is in service in any newspaper establishment

Hours of work

1. No working journalist shall be allowed to work for more than 144 hours within a month (exclusive of time for breaks).
2. Every working journalist shall be allowed to get a holiday of 24 hours in a week.

Leave

Every working journalist will be entitled to—

1. Every working journalist shall earn leave (with full wages) for not less than one-eleventh of the duration spent on duty;
2. A leave on the grounds of medicalissue on one-half of the wages for not muchlessthan one-eighteenth of the duration of service.
3. A female working journalist shall get a maternity leave (with full wage) or any other types of leave related to the maternity leave. She is liable to present her medical certificate from a practising medical professional. On the other hand, leave shall also be granted in case of miscarriage, abortion, etc.

Chapter II (A) – Non-journalist Newspaper Employees

Fixation or revision of the rate of wages

The central government can restore a specific rate of salary for the employees or can revise the fee of wages from time to time

Chapter III – Application of certain Acts to Newspaper Employees

Act 20 of 1946 applies to newspaper establishment

The provisions of the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), as in force, for the time being, shall follow to every newspaper establishment in which twenty or more newspaper employees are hired or had been hired on any day of the preceding one year as if such newspaper establishment had been a commercial establishment to which the aforesaid Act has been implemented via notification below sub-section (3) of Sec. 1 thereof, and as if a newspaper employee had been a workman within the definition of that Act.

Chapter IV – Miscellaneous

Recovery of money due from an employer

When any amount is due beneath this Act to an employee of any newspaper agency, the newspaper employee himself, or any individual accredited by him in writing on this behalf, or in the case of the death of the employee, any member of his family can also add, without prejudice to some other mode of recuperation, make an application to the State Government for the recuperation of the amount due to the employee. If the State Government[7], or such authority, as the State Government can also additionally specify on 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 continue to recover that amount within the same way as an arrear of land revenue.

Maintenance of registers, records, and muster-rolls

Every employer with regards to a newspaper establishment shall put together and preserve some registers, records, and muster-rolls and in such other way which may be prescribed.

Power to make rules

The Central Government is the authorised official and can, by notification within the Official Gazette, can make regulations to perform the purposes of this Act.

Application of certain provisions

The provisions of sections 10 to 13A shall observe to and in relation to, the Board constituted beneath section 13C, the Central Government and non-journalist newspaper employees, issue to the amendment that—

(a) the references to the Board and working journalists therein, anywhere they occur, will be construed respectively as references to the Board constituted beneath section 13 (C) and to non-journalist, newspaper employees;

(b) the references in subsection (3) of section 11 to section 9 will be construed as a reference to section 13C; and

(c) the references in section 13 and section 13A to section 12 will be construed as references to section 12 examine with this section.

Inspectors

The State Government can also add, hire such individuals because it thinks will fit to be Inspectors for the functions of this Act and can outline the local limits inside which they shall work out their functions. This hiring can be done through notification within the Official Gazette

Indemnity

No suit, prosecution, or other legal lawsuits shall lie towards the Chairman or some other member of the Board for something that’s done in correct faith which has been accomplished or is supposed to be accomplished.

Penalty

If any employer contravenes any of the provisions of this Act or any rule or order made thereunder, he will be punishable with compensation which may go up to two hundred rupees.

Conclusion

The act has laid down various provisions which have helped the working journalists in their workplaces. There has additionally been a code that must be observed by all journalists. These codes helped in offering news this is free from all of the errors.    The act has helped in gaining perception and plays an essential function in a journalist’s life. The act has helped the working journalists and the individuals operating within the newspaper establishment to get aware of their rights and duties.

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References:

[1] NWMi, The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, NWMi (14^th sept, 2021, 8:00 PM) https://www.nwmindia.org/resources/laws/the-working-journalists-and-other-newspaper-employees-conditions-of-service-and-miscellaneous-provisions-act-1955/

[2] IndiaCode, THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OFSERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955, IndiaCode (14^th sept, 2021, 8:00 PM) https://www.indiacode.nic.in/bitstream/123456789/13691/1/working_journalist_act%2C1955_with_delhi_amendment.pdf

 

[4] Casemine, THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OFSERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955, Casemine (14^th sept, 2021, 8:00 PM)

https://www.casemine.com/act/in/5ed4faf3894ef23297d8b60e

[5] IndiaCode, The Working Journalists (Fixation of Rates of wages) Act, 1958, IndiaCode (12^th Sept, 2021, 8:00 PM) https://www.indiacode.nic.in/bitstream/123456789/1536/1/A1958-29.pdf

[6]IndianKanoon, Calcutta Insurance Co. Ltd v. Their Workmen, IndianKanoon (13^th Sept, 2021, 10:00AM)

https://indiankanoon.org/doc/554517/

[7]IndiaCode, The Working Journalists (Fixation of Rates of wages) Act, 1958, IndiaCode (12^th Sept, 2021, 8:00 PM) https://www.indiacode.nic.in/bitstream/123456789/1536/1/A1958-29.pdf