AND MISCELLANEOUS PROVISIONS ACT, 1955 - Old.kerala.gov.in

THE WORKING JOURNALISTS AND
OTHER NEWSPAPER EMPLOYEES
(Conditions of Service) AND
MISCELLANEOUS PROVISIONS ACT, 1955
OBJECT: To regulate certian conditions of working journalists and other employees in newspaper
establishments.
I
WORKING JOURNALIST : is a person whose principal avocation is that of a journalist and
who is employed either wholetime in one or more newspaper establishments and includes an
editor, a leader-writer, newseditor, sub-editor, feature writer, copy tester, reporter,
correspondent, cartoonist, news photographer, and proof reader. (Section 2 (f))
III
NEWSPAPER : means any printed periodical work containing public news or comments on
public news. (Section 2(b))
IV
NEWSPAPER ESTABLISHMENT : means an establishement under the contrl of any person
or body of persons for the production or publication of one or more newspapers or for the
conducting of any news agency or syndicate. (Section 2 (d))
V SPECIAL PROVISIONS :
1. Industrial Disputes Act : 1947. The provisions of the Industrial Disputes Act applies to
the working journalist with some modifications. the period of notice referred in the ID Act
in relation to the retrenchment has been enhanced to six months in the case of editor and
three months in the case of other working journalists (Section 3)
2. The Industrial Employment (Standing Orders) Act, 1946: The Standing Orders Act is
made applicable to every newspaper establishment wherein twenty or more newspaper
employees are employed. (Section 14)
3. Gratuity : Gratuity is payable to working journalists who has put in a minimum service of
three years. (Section 5)
4. The Employees’ Provident Fund Act 1952 is applicable to every newspaper establishment
in which twenty or more persons are employed on any day. (Section 150
VI
HOURS OF WORK:
No working journalist shall be required or allowed to work more than 144 hours in four
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consective weeks. The total working hours in a day is not exceeding six hours and in the case of
night shift shall be 5½ hours only. They shall be given one day off in a week (Section 6)
VII
HOLIDAYS:
A working journalist is entitled to 10 holidays in a year and is also entitled to for a compensatory
holiday within a period of 30 days in lieu of attending on a holiday.
VIII OVERTIME PAYMENT:
Working journalist who works more than six hours in a day and 5½ hours night shift are entitled
to overtime payment.
IX LEAVE :
A working journalist is entitled to 15 days casual leave and one month earned leave. The earned
leave can be accumulated upto 90 days in every year. A female working journalist is entitled to
three months maternity leave on full wages on production of medical certificate. Medical leave
quarrantime leave, extra ordinary leave, leave not due are also entitled as per the Rules of the
Working Journalist (Conditions of Service) and Miscella-neous Provisions Rules, 1957.
The leave and other service conditions in respect of non-journalists are regulated as per the
provisions of the Factories Act, 1948.
X
WAGES:
Every working journalist shall be entitled to be paid by his employer wages at the rate prescribed.
The present scale of working journalists and non-journalists are recommended by Justice
Batchawat Commission. Newspaper establishments are divided into several classes from I-A to
IX depending on the annual gross revenue made.
XI RECOVERY OF MONEY DUE :
Where any money is due under this Act, from an employer, the employee or authorised person
can make an application in Form-C as per the Rule-36 of the Working Journalists (Conditions of
Service) and Miscellaneous Provision Rules, 1957 to the District Labour Office (HQ). If the said
authority is satisfied that the amount is so due, it shall issue a certificate for that amount to the
District Collector and the District Collecter shall proceed to recover that amount as arreers of
land revenue.
XII
REGISTERS AND RECORDS:
The following registers and records are liable to maintain by the employer in respect of the
working journalists.
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1. Register of employees in Form-D
2. Service register of all working journalists, in Form-E
3. Leave register of working journalist in Form-F
4. Muster roll in form-G
XIII AUTHORITIES APPOINTED UNDER THE ACT :
1. Inspectors (under Section - 17 B (1)
a. Labour Commissioner
b. Additional Labour Commissioner (IR and E)
c. Joint Labour Commissioner (E)
d. Deputy Labour commission (HQ)
e. District Labour Officer (HQ)
f. Regional Joint Labour Commissioners
g. District Labour Officers (E)
h. Asst. Labour Officers - Grade II
2. Authority (under Section - 17 (1))
(Recovery of money due to employees, reference to Labour Court for calculaton
of money etc.)
a. District Labour Officer (HQ)
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