CIVIL

‘Newspaper Establishment’ definition under Occupational Safety, Health and Working Conditions Code 2020

Newspaper Establishment

 

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;

“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 newspapers or for conducting any news agency or syndicate and includes following newspaper establishments which shall be deemed to be one establishment, namely:-

(i) two or more newspaper establishments under common control;

(ii) two or more newspaper establishments owned by an individual and his or her spouse unless it is shown that such spouse is a sole proprietor or partner or a shareholder of a corporate body on the basis of his or her own individual funds;

(iii) two or more newspaper establishments publishing newspapers bearing the same or similar title and in the same language in any place in India or bearing the same or similar title but in different languages in the same State or Union territory.

Explanation 1 – For the purposes of sub-clause (i) two or more establishments shall be deemed to be under common control where-

(a) (i) the newspaper establishments are owned by a common individual or individuals;

(ii) the newspaper establishments are owned by firms, if such firms have a substantial number of common partners;

(iii) the newspaper establishments are owned by bodies corporate, if one body corporate is a subsidiary of the other body corporate, or both are subsidiaries of a common holding company or a substantial number of their equity shares are owned by the same person or group of persons, whether incorporated or not;

(iv) one establishment is owned by a body corporate and the other is owned by a firm, if a substantial number of partners of the firm together hold a substantial number of equity shares of the body corporate;

(v) one is owned by a body corporate and the other is owned by a firm having bodies corporate as its partners if a substantial number of equity shares of such bodies corporate are owned, directly or indirectly, by the same person or group of persons, whether incorporated or not, or

(b) there is functional integrality between concerned newspaper establishments.

Explanation 2 – For the purposes of this clause,-

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

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

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