"Newspaper" means any printed periodical work containing public news or comments on public news and incluces such other class of printed periodical work as may, from time to time, be notified in this behalf by the Central Government in the Official Gazette.

"Newspaper establishments" means an establishment under the control of any person or body of persons, whether incorporated or not, for the production or publication of one or more newspapers or for conducting any news agency or syndicate.

"Working Journalist" means a person whose principle avocation is that of a journalist and [ who is employed as such, either whole-time or part-time, in, or in relation to, one or more newspaper establishments], and includes an editor, a leader, writer, news-editor, sub-editor, feature-writer, copy- ester, reporter, correspondent, cartoonist, news-photographer and proof-reader, but does not include any such person who -

(i) is employed mainly in a managerial or administrative capacity, or

(ii) being employed in a supervisory capacity, performs, either by the nature of the duties attached to his office or by reason of the powers vested in him, functions mainly of a managerial nature;

The provisions of the Industrial Disputes Act, 1947 as in force for time being, shall, subject to the modification specified in sub-section (2), apply to, or in relation to, working journalists as they apply to, or in relation to workmen within the meaning of that Act.

Section 25-F of the aforesaid Act, in its application to working journalists, shall be construed as if in clause(a) thereof, for the period of notice referred to therein in relation to the retrenchment of a workman, the following periods of notice in relation to the retrenchment of a working journalist had been substituted, namely -

(a) Six months, in the case of an editor, and(b) three months, in the case of any other working journalist.

The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955) hereinafter referred to as the Act provides for regulation of conditions of service of working journalists, non-journalists newspaper and news-agency employees. Section 9 of the Act, inter-alia, states that for fixing or revising rates of wages in respect of working journalists, the Central Government shall, as and when necessary, constitute a Wage Board consisting of :

(a) three persons representing employers in relation to newspaper establishments;(b) three persons representing working journalists;

3. four independent persons, one of whom shall be a person who is, or has been a judge of High Court of the Supreme Court and who shall be appointed by the Government as the Chairman of the Wage Boards.

2. Section 13C of the Act provides for constitution of Wage Board for non-journalist newspaper/news agency employees. These provisions are similar to the provision for constitution of a Wage Board for Working Journalists under section 9 of the Act except that instead of three representatives of working journalists, three representatives of non-journalist newspaper/news agency employees shall be members of the Wage Boards for non-journalist newspaper/news agency employees.

1. PREVIOUS WAGE BOARDS

Wage Boards for Journalists and Non-Journalist Newspaper employees have been set up in the past with a gap of apprx.8-10 years. The Bachawat Wage Boards were set up in 1985 and as a period of apprx. nine years had already elapsed, the Government decided to set up the Manisana Wage Boards in September, 1994. The details of the Wage Boards set up in the past is as follows :-

(i) First Wage Board (Divatia Wage Board) was constituted in May, 1956 and its recommendations were accepted in May, 1957;

(ii) The 2nd Wage Board (Shinde Wage Board) was constituted in November, 1963 and its recommendations were accepted in

October, 1967;

(iii) The 3rd Wage Board (Palekar Wage Board ) was constituted in 1975. The Wage Board could not function due to non-cooperation of the employers. Later on, this was converted into one man Tribunal. The Tribunal made its recommendations in August, 1980 which were notified in 1980-81.

(iv) The 4th Wage Board (Bachawat Wage Board) was constituted in July, 1985. It made its recommendations in May, 1989 which were accepted by the Govt. in 1989-90.

2. IMPLEMENTATION OF BACHAWAT WAGE BOARD RECOMMENDATIONS

After the acceptance of the recommendations of the last Wage Board (Bachawat Wage Boards) in August, 1989, the State Govts. and U.T.'s were requested to implement its recommendations. The Government is monitoring the progress of implementation on regular basis. As on 1.1.99 out of 1703 newspaper establishments, 637 have fully, 26 have partially implemented the Bachawat recommendations.

3. CONSTITUTION OF NEW WAGE BOARDS

The Government decided to set up the Manisana Wage Boards in September, 1994, particularly taking into considera- tion the demands of the Newspaper employees' Unions, for fixing and revising rates of wages under the Chairmanship of Justice Raj Kumar Manisana Singh, retired Chief Justice of Guwahati High Court. No time frame was fixed for the submission of the report. The Wage Boards submitted their interim report on the interim rates of wages recommending an interim increase of 15% in basic wage w.e.f. 20.4.95. The Govt. issued notification in this regard on 24.9.96 enhancing interim increase in basic wage from 15% to 20% and an additional amount of Rs.100/- p.m. to be effective from 20.4.95.

4. AMENDMENT IN THE ACT

After the setting up of the Wage Boards on 2.9.94, there were also demands from newspaper employees and employers' organisations for increasing the number of representatives on the Boards. The Government agreeing to provide a wider representations on these Boards, introduced a Bill in the Parliament, for increasing one representative in each category of representations namely employers'/employees'/ independent members. The Bill was passed by both houses of Parliament as Working Journalists and other Newspaper Employees(Conditions of Service) and Miscellaneous Provisions (Amendment) Act, 1996 on 28.9.96. The task of finalising the recommendations is in full progress and is expected to be completed by December, 1999.

5. APPLICATION OF CERTAIN ACTS TO NEWSPAPER EMPLOYERS

Act 20 of 1946 to apply to newspaper establishments

The provisions of the Industrial Employment(Standing Orders) Act, 1946, as in force for the time being, shall apply to every newspaper establishment wherein twenty or more newspaper employees are employed or were employed on any day of the preceding twelve months as if such newspaper estt. Were an industrial estt. to which the aforesaid Act has been applied and as if a newspaper employee were a workman within the meaning of that Act.

Act 19 of 1952 to apply to newspaper establishments

The Employees' Provident Funds Act, 1952, as in force for the time being, shall apply to every newspaper estatblishment in which twenty or more persons are employed on any day, as if such newspaper establishment were a factory to which the aforesaid Act had been applied, and as if a newspaper employee were an employee within the meaning of that Act.

6. RECOVERY OF MONEY DUE FROM AN EMPLOYER

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 the 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 Govt.,or such authority, as the State Govt. 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. If any question arises to the amount due under this Act, the State Govt. may, on its own motion or upon application made to it, refer the question to any Labour Court constituted by it under the Industrial Disputes Act, 1947.

1. APPLICABILITY/COVERAGE

Payment of Bonus Act, 1965 is applicable to (a) every factory and (b) every other establishment in which twenty or more persons are employed on any day during an accounting year (Proviso : May be reduced to minimum 10 by the appropriate Government). Those persons are eligible for bonus whose monthly wage salary does not exceed Rs.3500/p.m. and bonus is to be calculated on the basis of Rs.2500/-p.m. Every employee shall be entitled to be paid bonus by the employer in an accounting year in accordance with the provisions of this Act, provided he has worked in the establishment for not less than 30 working days in that year. Minimum bonus of 8.33% of wage or salary and the maximum bonus of 20% of wage or salary has been provided under Section 10 and 11 of the Act.

2. TIME LIMIT :

Section 19 of the Payment of Bonus Act provides the time limit for payment of bonus. Where a dispute regarding the payment of bonus is pending before any authority under Section 22 of the Bonus Act, payment has to be made within one month from the date on which the award becomes enforceable or settlement, if any, comes into operation, in respect of such dispute. In rest of the cases, bonus has to be paid within 8 months from the close of the accounting year. The appropriate Governments, however, may upon an application made to it by an employer, extend the said period of 8 months up to two years.

3. APPROPRIATE GOVERNMENT:

The appropriate Government for the purpose of the Act is (i) in relation to an establishment in respect of which the appropriate Government under the Industrial Disputes Act, 1947 is the Central Government, the Central Government (ii) in relation to any other establishment, a Government of the State in which that other establishment is situated.

In exercise of the powers conferred by sub-section (i) of the Section 30 of the Payment of Bonus Act, 1965, the Central Government have authorised Regional Labour Commissioners to make complaint in a Court for and under the authority of Central Government in cases where the Central Government is the appropriate Government. The appropriate Government may, by notification in the official Gazette appoint such persons as it thinks fit to be inspectors for the purpose of this Act and may define the limits within which they shall exercise jurisdiction.

4. POWER OF EXEMPTION (Section 36) :

If the appropriate Government, having regard to the financial position and other relevant circumstances of any establishments or class of establishments, is of opinion that it will not be in public interest to apply all or any of the provisions of this Act thereto, it may, by notification in the official Gazette, exempt for such period as may be specified therein and subject to such conditions as it may think fit to impose, such establishment or class of establishments from all or any of the provisions of this Act.

5. POWER TO MAKE RULES (Section 38) :

The Central Government may make rules for the purpose of carrying into effect provisions of this Act. In exercise of the powers conferred by this Section, the Payment of Bonus Rules, 1975 were framed under the Payment of Bonus Act, 1965. Authority for granting permission for change of accounting year has been conferred on CLC(C) in the case of establishments in relation to which the Central Government is the appropriate Government and in any other case, the Labour Commissioner of the State in which the establishment is situated.

6. PENALTY (Section 28)

For the contravention of the provisions of the Payment of Bonus Act or rules made therein - a person is punishable with imprisonment for a term which may extend to six months, or with fines which may extend to Rs.1000/-or with both.

7. COGNIZANCE OF OFFENCE (Section 30) :

i) No Court shall take cognizance of any offence punishable under this Act, save on complaint made by or under the authority of appropriate Government or an officer of that Government (not below the rank of Regional Labour Commissioner (Central) in the case of an officer the Central Government, and not below the rank of a Labour Commissioner in the case of an officer of the State Govt) specially authorised in this behalf by that Government. (ii) No Court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this Act.

The position explained above under the Payment of Bonus Act, 1965 provides sufficient machinery and provisions for the proper implementation of the Act. Information regarding implementation of the various provisions of the Act is being maintained by CLC(C) and the State Government concerned.

8. APPLICATION OF ACT TO ESTABLISHMENTS IN PUBLIC SECTOR :

Provisions of the Act shall apply to an establishment in public sector, which sells goods produced or manufactured and renders any service in competition with an establishment in private sector and the income from this is not less than 20% of gross income of the establishment in public sector in an accounting year.

9. RECOVERY OF BONUS DUE FROM AN EMPLOYER :

Where any money is due to an employee by way of bonus from his employer, the employee himself or any other person authorised by him makes an application to the appropriate Govt., the appropriate Govt. shall issue a certificate for that amount to the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue.