|The Working Journalists & other Newspaper Employees (Conditions of service) and Miscellaneous Provisions Act, 1955|
(Only salient features of the act)
Chapter 1 (Preliminary)
1)a) Short title and commencement.- this act may be called Working Journalists & other Newspaper Employees (Conditions of service) and Miscellaneous Provisions Act, 1955.
b) It extends to the whole of India, except the state of Jammu & Kashmir.
Chapter 2 Working Journalist
2) Sec 25-f of the aforesaid act, in its application to working journalist, shall be construed as in Cl. (a) thereof, for the period of notice referred to therein in relation to the retrenchment of a workman, the following periods in relation to the retrenchment of a working journalist has been substituted, namely - a) six months, in case of an editor, b) three months, in case of any other working Journalists.
Termination of Service without notice-Effect thereof-where a journalist was permitted to continue into employment even after he has attained the age of superannuation, but later on his service were terminated without giving him notice or retrenchment compensation, it was held by the court that the action of the management of the company in terminating the services was illegal and improper.
PROVISIONS IN RESPECT OF CERTAIN CASES OF RETRENCHMENT
Where at any time between 14 July 1954 and 12 March 1955, any working journalist
had been retrenched he shall be entitled to receive from employer -
a) wages for one month at the rate to which he was entitled immediately before his retrenchment , unless he has been given one month notice in writing before such retrenchment; and
b) compensation which shall be equivalent to 15 days average pay for every completed years of service under that employer or any part thereof in excess of six months.
5)PAYMENT OF GRATUTITY 1:)WHERE
HOURS OF WORK
1) Subject to any rules that may be made under this Act, no working journalist shall be required or allowed to work in any newspaper establishment for more than 144 hours during any periods of 4 consecutive weeks, exclusive of time for meals.
2). Every working journalist shall be allowed during any period of 7 consecutive days rest for a period of not less than 24 consecutive hours, the period between 10 pm and 6 pm being included therein (Explanation - for the purpose of this section ,"week" means a period of 7 days beginning at midnight on Saturday.)
The maximum hour of work for any period of consecutive weeks is 144 hours.
Working Journalists (Condition of Service) and Miscallenous Provisions Rules 1975
Chapter 3 (Hours of Work)
7) SPECIAL PROVISIONS REGARDING EDITOR, ETC (HOURS OF WORK)-
The provision of this chapter shall not apply to editor, or to correspondants, reporters or news photographers
2) Not withstanding any thing contained in sub rule (1) the following provision shall apply to every correspondant, reporter , news photographer stationed at the place at wich the newspaper ( in relation to person is employed) namely
The number of hours which shall constitute a normal working day for working journalists exclusive of time for meals shall exceed six hours per day in case of a day shift and five and half hours per day in case of night shift and no working journalist shall ordinarily be required or allowed to work for longer than the number of hours constituting a normal working day.
FOR OVER TIME WORK
When a working journalist works for more than six hours on any day in the case of day shift ,and more than five and half hours in case of night shift, he shall in respect of that overtime work, be compensated in the form of hours of rest equal in number to the hours for which he has worked overtime.
Chapter 4 (Holidays)
13) The number of holidays in a year
A working journalist shall be entitled to 10 holidays in a calendar year and
15)shall be entitled to wages on all holidays if he was on duty.
16)A working journalist shall be entitled to wages for weekly day of rest if he was on duty.
Chapter 5 (LEAVE)
Without prejudice to such holidays, casual leave or other kind of leave as may be prescribed, every working journalists shall be entitled to
25)a) Earned leave on full wages for not less than one-eleventh of the period spent on duty, provided that he shall cease to earn such leave when the earned leave due amounts to ninety days.
28) leave on medical certificate: 1) A working journalists shall be entitled to leave on medical certificate on one-half of wages for not less than one-eighteenth of the period of service
1) A working journalist shall be entitled to earned leave on full wages for a period not less than one month for every eleven months spent on duty provided that he shall cease to earn such leave due amount to 90 days.
2)The period spent on duty shall include weekly days of rest , holidays, casual leave and quarantine leave.
1) A female working journalist who has put in not less than one years service in the newspaper establishment in which she is for the time being employed shall be granted maternity leave on full wages on production of a medical certificate from an authorized medical practitioner for a period which may extend for three months from the date of its commencement or six weeks from the confinement which ever is earlier.
2) Leave of any other may be granted in continuation of maternity leave.
3) Maternity leave shall also be granted in case of miscarriage, including abortion, subject to the condition that the leave does not exceeds six weeks.
Quarantine leave on full wage shall be granted by newspaper establishment on the certificate of authorized medical practioner for a period not exceeding 21 days or In exceptional circumstances, 30 days.
A working journalist who has no leave to his credit may be granted ,at the discretion of newspaper establishment in which such working journalist is employed leave not due.
33)Study leave may be granted in same pattern.
1)A working journalist shall be eligible for casual leave at the discretion of newspaper establishment for 15 days in a calendar year.
SETTING OF THE WAGE BOARD
the purpose of fixing or revising rates of wages in respect of working journalists
the Central Government shall as and when necessary constitute a wage board
which shall consist of -
a) Three persons representing employers in relation to newspaper establishments
b) Three persons representing working journalists
c) Four independent persons, one of whom shall be a person who is or has been a judge of High court or Supreme court and who shall be appointed by the Government as the Chairman.
of Central Government to enforce recommendations of the wage board
After the receipt of the recommendations of the wage board the Central Government without affecting the important alternation in the character of the recommendation can modify it. Friday May 30, 2003
|IJU'S DEMANDS TO AMEND THE WORKING JOURNALIST ACT|