Applicability of Working Journalists Act
MAMTA BATRA
(Querist) 07 February 2011
This query is : Resolved
We are an organization into publishing of business to business magazines. We publish magazine which on retail, fashion retailing and business of Beauty and Wellness and themes such as these and these magazines are not the same as general news papers and weekly news magazines.
I would like to know whether the staff working on editorial compilation on these magazines in our organization fall under Working Journalists Act.
Secondly, whether particularly the following managerial staff would be treated as Working Journalists -
Managing Editor, Executive Editor, Deputy Editor, Senior Editor, Associate Editor, Fashion Editor, Stylist, Style Editor, Art Director and the like.
Looking forward to your advice.
Kirti Kar Tripathi
(Expert) 08 February 2011
yes, they are covered under the Working Journalists (Condition of service) Act.
MAMTA BATRA
(Querist) 08 February 2011
thx for your reply
can u pls quote the section
Kirti Kar Tripathi
(Expert) 08 February 2011
I am produciing the relevant definition under the Act.
(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 of persons, whether incorporated or not, for the production or publication of one or more newspaper or for conducting any news agency or syndicate; [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]
(f) “working journalist” means a person whose principal 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 establishment] 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, function mainly of a managerial nature:
(g) all words and expressions used by not defined in this Act and defined in the Industrial Disputes Act, 1947 (XIV of 1947), shall have the meanings respectively assigned to them in that Act.
MAMTA BATRA
(Querist) 09 February 2011
can u pls clarify who all would be covered under managerial or administrative capacity.
Whether the editors who are on the managerial post as mentioned above would be coverered or not?
Kirti Kar Tripathi
(Expert) 10 February 2011
it will deponent on nature of job performed by an employee, if prominent nature of job of an employee is administrative or managerial, he will not come under the Act and if his prominent nature of job is of editor, he will fall within the scope of Act.
MAMTA BATRA
(Querist) 10 February 2011
Thx
Would like to produce again that
We are an organization into publishing of business to business magazines. We publish magazine on retail, fashion retailing and business of Beauty and Wellness and themes such as these and these magazines are not the same as general news papers and weekly news magazines.
Will the Act apply on our organisation?
Thx
