WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955 (DELHI AMENDMENT)

Section 2 - Definitions

In this Act, unless the context otherwise requires,--

[1] [(a) "Board" means--

(i)     in relation to working journalists, the Wage Board constituted under section 9; and

(ii)    in relation to non-journalist newspaper employees, the Wage Board constituted under section 13C;]

(b)?? "newspaper" means any printed periodical work containing public news or com?ments on public news and includes such other class of printed periodical work as may, from time to time, be notified in this behalf by the Central Government in the Official Gazette;

(c)?? "newspaper employee" means any working journalist, and includes any other person employed to do any work in, or in relation to, any newspaper establishment;

(d)??? "newspaper establishment" means an establishment under the control of any person or body of persons, whether incorporated or not, for the production or publication of one or more newspapers or for conducting any news agency or syndicate [2] [and includes newspaper establishments specified as one establishment under the schedule;

Explanation.--For the purposes of this clause,--

(a)    different departments, branches and centers 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;]

[3] [(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 supervisory capacity, performs, either by the nature of the duties attached to his office or by reason of the powers vested in him, functions mainly of a managerial nature;]

(e)?? "prescribed" means prescribed by rules made under this Act;

[4] [(ee) "Tribunal" means--

(i)     in relation to working journalists, the Tribunal constituted under section 13 AA; and

(ii)    in relation to non-journalist newspaper employees, the Tribunal constituted under section 13 DD;]

[5] [(eee) "wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a newspaper employee in respect of his employment or of work done in such employment, and includes--

(i)     such allowances (including dearness allowance) as the newspaper employee is for the time being entitled to; 

(ii)    the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of food grains or other articles;

(iii)   any travelling concession, but does not include?

(a)    any bonus;

(b)    any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the newspaper employee under any law for the time being in force;

 

(c)     any gratuity payable on the termination of his service.

Explanation.--In this clause, the term "wages" shall also include new allow?ances, 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 [6] [who is employed as such, either whole-time or part-time, in, or in relation to, one or more newspaper establishments], and includes an editor, a leader-writer, news editor, sub-editor, feature-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 administrative capacity, or

(ii)    being employed in a supervisory capacity performs, either by the nature of the duties attached to his office or by reason of the powers vested in him, functions mainly of a managerial nature;

(g)?? all words and expressions used but not defined in this Act and defined in the Industrial Disputes Act, 1947 (14 of 1947), shall have the meanings respectively assigned to them in that Act.

STATE AMENDMENTS

[Delhi

[7] [After the words "other person employed'', the words "including contractual employees" shall be inserted.]

Section 13 -Workingjournalistsentitled to wages at rates not less than those specified in the order

On the coming into operation of an order of the Central Government under section 12, every working journalist shall be entitled to be paid by his employer wages at the rate which shall in no case be less than the rate of wages specified in the order.

STATE AMENDMENTS

[Delhi

[8] [After the words "every working journalist", the words "including contractual employees" shall be inserted.]

Section 17 - Recovery of money due from an employer

[9] [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 authorized by him in writing in this behalf, or in the case of the death of the employee, any member of his family may, without prejudice to any other mode of recovery, make an application to the State Government for the recovery of the amount due to him, and if the State Government, or such authority, as the State Government may specify in this behalf, is satisfied that any amount is so due, it shall issue a certificate for that amount to the Collector, and the Collector shall proceed to recover that amount in the same manner as an arrear of land revenue.

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

(3)   The decision of the Labour Court shall be forwarded by it to the State Government which made the reference and any amount found due by the Labour Court may be recovered in the manner provided in sub-section (1).

STATE AMENDMENTS

[Delhi

[10] [After sub-section(1) of the section 17 of the Central Act No. 45 of 1955, sub-section (1A) shall be inserted:-

"17(1A) Without prejudice to any other penalty to which the employer may be liable under this Act, the authority may direct the payment of compensation not exceeding five times of the amount of the wages due to the new paper employee."]

Section 18 - Penalty

[11] [(1) If any employer contravenes any of the provisions of this Act or any rule or order made thereunder, he shall be punishable with fine which may extend to two hundred rupees.

(1A) Whoever, having been convicted of any offence under this Act, is again convicted of an offence involving the contravention of the same provision, shall be punishable with fine which may extend to five hundred rupees.

(1B) Where an offence has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this section if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission, of such offence.

(1C) Notwithstanding anything contained in sub-section (1B), where an offence under this section has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to, any gross negligence on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of such offence and shad 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 is made within six months of the date on which the offence is alleged to have been committed.

STATE AMENDMENTS

[Delhi

[12] [In sub-section (1) of the section 18 of the Central Act No. 45 of 1955, for the words " fine which may extend to two hundred rupees.", shall be substituted by the words "imprisonment of either description which may extend to six months, or fine which may extend to 5,000 rupees or with both : Provided that in the case of non-payment of the due wages to an employee, the employer shall be punishable with imprisonment of either description which may extend to six months, or fine which may extend up to two hundred rupees per employee per day or with both, till the offence is continued.]

[13] [In sub-section (1A) of the section 18 of the Central Act No. 45 of 1955, for the words "punishable with fine which may extend to five hundred rupee.", shall be substituted by the words "punishable with imprisonment of either description for a term which may extend to one year, and shall also be liable to fine which may extend to 10,000 rupees : Provided that in the case of nonpayment of the due wages to an employee, the employer shall be punishable with imprisonment of either description which may extend to one year, or fine which may extend up to one thousand rupees per employee per day or with both till the offence is continued."]]