Labour Code Advisor

CHAPTER I - PRELIMINARY

Section 2. Definitions.

In this Act, unless the context otherwise requires,—

4[(a) “Board” means—

(i) in relation to working journalists, the Wage Board constituted under section 9; and

(ii) in relation to non-journalist newspaper employees, the Wage Board constituted under section 13C;]

(b) “newspaper” means any printed periodical work containing public news or comments on public news and includes 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;

(c) “newspaper employee” means any working journalist, and includes any other person employed to do any work in, or in relation to, any newspaper establishment;

(d) “newspaper establishment” means an establishment under the control of any person or body or persons, whether incorporated or not, for the production or publication of one or more newspapers or for conducting any news agency or syndicate;

5[and includes newspaper establishments specified as one establishment under the Schedule.

Explanation.—For the purposes of this clause,—

(a) different departments, branches and centres of newspaper establishments shall be treated as parts thereof;

(b) a printing press shall be deemed to be a newspaper establishment if the principal business thereof is to print newspaper;]

6[dd) “non-journalist newspaper employee” means a person employed to do any work in, or in relation to, any newspaper establishment, but does not include 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 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;]

(e) “prescribed” means prescribed by rules made under this Act;

1[(ee) “Tribunal” means,—

(i) in relation to working journalists, the Tribunal constituted under section 13AA; and

(ii) in relation to non-journalist newspaper employees, the Tribunal constituted under section 13DD;]

2[(eee) “wages” means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a newspaper employee in respect of his employment or of work done in such employment, and includes—

(i) such allowances (including dearness allowance) as the newspaper employee is for the time being entitled to;

(ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of food-grains or other articles;

(iii) any travelling concession,

but does not include—

(a) any bonus;

(b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the newspaper employee under any law for the time being in force;

(c) any gratuity payable on the termination of his service.

Explanation.—In this clause, the term “wages” shall also include new allowances, if any, of any description fixed from time to time.]

(f) “working journalist” means a person whose principal avocation is that of a journalist and 3[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-tester, 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;

(g) all words and expressions used but not defined in this Act and defined in the Industrial Disputes Act, 1947 (14 of 1947) shall have the meanings respectively assigned to them in that Act.

View Act Footnotes

Note: In the legacy archives, footnotes are grouped by original PDF page numbers rather than by section.

Page 3

  • 1. Extended to Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and the Schedule and to Pondicherry by Act 26 of 1968, s. 3 andthe Schedule.
  • 2. Subs. by Act 60 of 1974, s. 2, for “Working Journalists”
  • 3. The words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, s. 2 and the Schedule.
  • 4. Subs. by Act 60 of 1974, s. 3, for clause (a).
  • 5. Ins. by Act 31 of 1989, s. 2 (retrospectively).
  • 6. Ins. by Act 60 of 1974, s. 3.

Page 4

  • 1. Ins. by Act 6 of 1979, s. 2 (w.e.f. 31-1-1979).
  • 2. Ins. by Act 31 of 1989, s. 2 (retrospectively).
  • 3. Subs. by Act 36 of 1981, s. 2, for “who is employed as such in, or in relation to, any newspaper establishment”(w.e.f. 13-8-1980).

Page 5

  • 1. Subs. by Act 65 of 1952, s. 3, for section 5 (w.e.f. 15-1-1963).

Page 7

  • 1. Subs. by Act 65 of 1962, s. 4, for sections 8 to 13 (w.e.f. 15-1-1963).
  • 2. Subs. by Act 34 of 1996, s. 2, for “two persons” (w.e.f. 28-9-1996).
  • 3. Subs. by s. 2, ibid., for “three independent persons” (w.e.f. 28-9-1996).

Page 8

  • 1. The Explanation added by Act 31 of 1989, s. 3.

Page 9

  • 1. Ins. by Act 6 of 1979, s. 3. (w.e.f. 31-1-1979).
  • 2. Ins. by Act 60 of 1974, s. 4.

Page 10

  • 1. Subs. by Act 34 of 1996, s. 3, for “two persons” (w.e.f. 28-9-1996).
  • 2. Subs. by s. 3, ibid., for “three independent persons” (w.e.f. 28-9-1996).
  • 3. Ins. by Act 6 of 1979, s. 4 (w.e.f. 31-1-1979).

Page 11

  • 1. Subs. by Act 99 of 1976, s. 17, for “and Family Pension Fund” (w.e.f. 1-8-1976).
  • 2. Ins. by Act 36 of 1981, s. 3 (w.e.f. 13-8-1980).
  • 3. Subs. by Act 65 of 1962, s. 5, for section 17 (w.e.f. 15-1-1963).

Page 12

  • 1. Subs. by Act 65 of 1962, s. 6, for sub-section (1) (w.e.f. 15-1-1993).

Page 13

  • 1. Ins. by Act 6 of 1979, s. 5 (w.e.f. 31-1-1979).
  • 2. Ins. by Act 65 of 1962, s. 7 (w.e.f. 15-1-1963).
  • 3. Ins. by s. 8, ibid. (w.e.f. 15-1-1963).
  • 4. Subs. by Act 60 of 1974, s. 5.
  • 5. Subs. by Act 65 of 1962, s. 9, for clauses (d), (e) and (f) (w.e.f. 15-1-1963).
  • 6. Ins. by Act 6 of 1979, s. 6 (w.e.f. 31-1-1979).

Page 14

  • 1. Subs. by Act 65 of 1962, s. 9, for sub-section (3) (w.e.f. 15-1-1963).
  • 2. Subs. by Act 60 of 1974, s. 6, for “or in two successive sessions”.
  • 3. Subs. by s. 6, ibid., for “in which it is so laid or the session immediately following”.

Page 15

  • 1. Ins. by Act 31 of 1989, s. 4.