Bare ActsThe working journalists and other newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955

Section 5

Ins

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Ins. by Act 37 of 7989, sec' 2 (w'r'e'f' 20-72-7955)' _2 requues/- Board constittrted Sec. 2l The working Joumalists and other Newspaper Employees 3 (Conditions oiservice) and Miscellaneous Provisions Act, 1955 Eiplnnntion.-For the purposes of this clause'- (a) different departments, branches and centres of newspaper establishmerrtsshallbetreatedaspartsthereof; (b)aprintingPressshallbedeemedtobeanewspaper establishm"eni if the principal business thereof is to prinf newspaper;] tt(dd) ,,non-journalist newspaper employee" means a person employed to do any *ork in, or in relation to, u.,y newspaper establishment, bttt does not inciude 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 c-apacity' performs' either by the riature oithe duties ittached-to his o{fice orby reason of the powers vested in him, functions mainly of a managerial nature;] (e) "prescribed" means prescribed by rules made under this Acu 2[(ee) "Tribttnal// Pgnns- (i) in relation to working journalists, the Tribunal constituted under section 13 AA; and (ii) in relation to non-jourrnalist newspaper employees, the Tribunal constituted under section 13 DD;] 3[(eee; ,,wages" means all remuneration capable of b.eing expressed in term's of monev, which would' if the Lerms of employment' expressedorimplied,wereftrlfilled,bepayabletoanewspaper emplovee in respect of his employment or of work done in such emPlolrment, and includes- (i)strchailowances(inciudingdearnessallowance)asthe newspaperemploveeisforthetimebeingentitledto; (ii) the valtre of any house accommodatiort, or of strpply of light, water, medical attend.ance or other amenity or of any service or (iij) ::;li:,:x;:#"::"::t-v* of foodgrains or other articles; but does not inch-rde- (a) ;lnv bonlts, (b) anv contrilrution paii'-l or: pavable bv the .employer to- any \*/ f"..i"rl iuii<l or proviclent ir.tn,i r:i: for the irenefit ol'the newspaper empl,xeg rll'ler aiif i'lr't" for the tinie being in force; (c) irnv grraitttit-,2 p;rvable on the termi:"tation of iiis serVicc' t-'tplnn"ntio'i'-it' this clar-rse' tire l-er:l '\'rgcs'- shail 'tlso itrcltrcle rrer.r, allorvc-rrlc€s, if anv, of ;rnt' descriptirln fixed frorn ltme tc'' time;l [r'rs. br,' r\ct (r() trt it)7'[, sec 3 (''v e'f' 21-12-1q74) lns. b,,' ,\ct (r of lc)79, sec. 2 (w e f 3l-l-1979) Ins. by .\ct 3l ot 1989, sec. 2 (w.e.f 28-8-1989)' 1l :i ri I I 'i I l t. ') J. TheWorkingJournatistsandotherNewspaperEmployees[Sec.2 (conditions" d'sr*irr) and Miscetlaneous Provisions Act, 1955 (0,,workingjournalist,,meansaPersonwhoseprincipalavocationis that of ;lo';rnaiist urr6 tiionolr'"*ptoyed as such, either whole-time or part-iime, in' or ln relation. to' one or more newspaper establishments],andincludesaneditor,aleader-writer,newseditor, sub-editor,feature-writer'copy-tester'reporter'corresPondent' cartoonist, news-pi-,otog-rapner"a.,a proof-reader, but does not include anY such Person who- (i)isemployedmainiyinamanagerialoradministrativecapacity, or (ii) being empioyed in a supervisory capacity' performs' either by the nature of the o"[ut*itt^tn"a'to fi1 officoor b1:::'tt" of the p;;;;sted in him, functions mainly of a managerial nature; (g)allwordsandexpressionsusedbutnotdefinedinthisActand defined in the Industriai;r;;1;r act,794z (14 of 1947), shail have ti're mJa'l"tts respectively assigned to them in that Act' COMMENTS Evenanex-employee,whoseemploymenthascometoanendasaresultofhis resignation, comes'#i# ,n"'"*uii tf iil;;f,.ritio^ o-f 'working journalist'; Bennett Coleman €t Co- e') Ltd' v' Punya Priya Das Gupta' AIR 1970 SC 426' CHAPTER II WORKING IOURNALISTS

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