Bare ActsThe WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITION OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT,1955

Section 16

Effect of laws and agreements inconsistent with this Act

Amendment status not verified — confirm the current text below against the official source.

Effect of laws and agreements inconsistent with this Act.— (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. 18[16-A. 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] 19[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 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. 18 Ins. by Act 36 of 1981. 19 subs. by Act 65 of 1962, Sec. 5 for Sec. 17 (w.e.f. 15th January, 1962) (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). 17-A. 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. 17-B. Inspectors.- (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]

Section 16 – The WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITION OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT,1955 | DailyLaw.ai