WORKING JOURNALISTS ACT, 1955

 

 The objective of this Act is to regulate certain conditions of service of working journalists and other persons employed in newspaper establishments. The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 is a welfare measure meant to regulate conditions of service of the people employed in the newspaper industry. The provision relate mainly to;

(a) Special provision in respect of certain cases of retrenchment,

(b) Payment of gratuity

(c) Hours of work

(d) Leave

(e) Fixation of revision of rates of wages

(f) Enforcement of the recommendations of the wage fixation machinery, i.e., wage board and wage tribunals

(g) Employees provident fund and

(h) Recovery of money due from the employer

HOURS OF WORK

Section 6 of the Act provides for the hours of work. Under this section 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. This is exclusive of the time for meals. However, this provision of Section 6(1) is subject to any rules that may be made by the government under this Act. Every working journalist shall be allowed during seven consecutive days’ rest for a period of not less than 44 consecutive hours. The period in between 10.P.M. and 6.P.M. being included therein

SECTION 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 6 of the Working Journalists (Fixation of Rates and Wages) Act, 1958 2. The rates of wages may be fixed or revised by the central government in respect of working Journalists time work and piece work

SECTION 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 constitute a wage board which consist of- (a) Two persons representing employers in relation to newspaper establishments (b) Two persons representing working journalists (c) Three independent persons, one 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

SECTION 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 and other persons interested

in the fixation of revision of rates of wages of working journalists to make such

representations as they may think fit in respect of 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 of 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 relevant to the person making the representation in relation to his

representation.

 

(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, wheather prospectively

the rates of wages should take effect.

 

(4) In making any recommendation 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 relating to the newspaper industry in different regions

of the Country and to any other circumstances which to the Board may seem relevant.

 

SECTION 13AA Constitution of Tribunal for fixing or revised rates of wages in respect of working journalists.

 It states that if the central government is of the opinion that the Board constituted under Section 9 for the purpose of fixing or revising rates of wages in respect of working journalist had not been able to function 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 or 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.

 

SECTION 13B

Fixation or revision of rates of wages of non-journalist newspaper employees

The central Government may, hereinafter provided, fix rates of wages in respect of non-journalist newspaper employees; and revise from time to time, as such intervals as it may think fit, the rates of wages fixed under this Section. 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 of work.

 

SECTION 13C

Wage Board for revised 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 the employers in relation to newspaper establishment; (b) Two persons representing non-journalist newspaper employees; and (c) Three independent persons, one of whom shall be a person who is or has been, judge of a High Court or the Supreme Court and who shall be appointed by the Government as the Chairman thereof

 

RECOVERY OF MONEY

Section 17 provides recovery of money due from newspaper employer. If any amount is due to a newspaper employee from an employer can make an application to the State Government for the recovery of the amount due to him. The employee himself or any person authorized in writing or in case of a death of the employee, any member of his family can make an application. The provision in this Section is without prejudice to any other mode of recovery. If the State Government or such authority is satisfied that any amount is due it shall issue a certificate for the amount to the collector. The collector shall proceed to recover the amount in the same manner as an arrear of land revenue

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