law: Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
  5.Payment of gratuity. -
  (1)Where-
  (a)Any working Journalist has been in continuous
  
  service, whether before or after the commencement of this Act, for not less
  
  than three years in any newspaper establishment, and-
  (i)His services are
  
  terminated by the employer in relation to that newspaper establishment for any
  
  reason whatsoever, otherwise than as a punishment inflicted by way of
  
  disciplinary action; or
  (ii)He retires from
  
  service on reaching the age of superannuation; or
  (b)Any working journalist has been in
  
  continuous service whether before or after the commencement of this Act, for
  
  not less that ten years in any newspaper establishment, and he voluntarily
  
  resigns on or after the lst day of July, 1961, from service in that newspaper
  
  establishment on any ground whatsoever other than on the ground of conscience-,
  
  or
  (c)Any working journalist has been in a
  
  continuous service, whether before or after the commencement of this Act, for
  
  not less than three years in any newspaper establishment, and he voluntarily
  
  resigns on or after the lst day of July, 1961, from service in that
  
  establishment on the ground of conscience;
  
  or 
  (d)Any working journalist dies while he is in
  
  service in any newspaper
  
  establishment; 
  the working journalist or, in the case of his
  
  death, his nominee or nominees or if there is no nomination in force at the
  
  time of the death of the working journalist his family, as the case may be,
  
  shall, without prejudice to any benefits or rights accruing under the
  
  Industrial Disputes Act, 1947 (14 of 1947), be paid, on such termination, retirement,
  
  resignation or death, by the employer in relation to that establishment,
  
  gratuity which shall be equivalent to fifteen days' average pay for every
  
  completed year of service or any part thereof in excess of a months :
  Provided that in the case of a working
  
  journalist referred to in Cl. (b), the total 'amount of gratuity that shall be
  
  payable to him shall not exceed twelve and a-half months' average pay:
  Provided further that where a working journalist
  
  is employed in any newspaper establishment wherein not more that six working
  
  journalists were employed on any day of the twelve months immediately preceding
  
  the commencement of this Act, the gratuity payable to a working journalist
  
  employed in any such newspaper establishment for any period of service before
  
  such commencement shall not be equivalent to fifteen days' average pay for
  
  every completed year of service or any part thereof in excess of six months but
  
  shall be equivalent to---
  (a)Three days' average pay for every completed
  
  year of service or any part thereof in excess of six months, if the period of
  
  such past service does not exceed five years;
  (b)Five days' average pay for every completed
  
  year of service or any part thereof in excess of six months, if the period of
  
  such past service exceeds five years but does not exceed ten years; and
  (c)Seven days' average pay for every completed
  
  year of service or any part thereof in excess of six months, if the period of
  
  such past service exceeds ten years.
  Explanation. -For the purposes of this sub-section
  
  and sub-section (1) of Sec. 17, "family" means-
  (i)In the case of male working journalist, his
  
  widow, children, whether married or unmarried, and his dependent parents and
  
  the widow and children of his deceased son:
  Provided that a widow shall not be deemed to be
  
  a member of the family of the working journalist if at the time of his death
  
  she was not legally entitled to be maintained by him;
  (ii)In the case of a female working
  
  journalist, her husband, children, whether married or unmarried, and the
  
  dependent parents of the working journalist or of her husband, and widow and
  
  children of her deceased son:
  Provided that if the working journalist has
  
  expressed her desire to exclude her husband from the family, the husband and
  
  his dependent parents shall not be deemed to be a part of the working
  
  journalist' family, And in either of the above two cases, if the child of a
  
  working journalist or of a deceased son of a working journalist has been
  
  adopted by another person and if, under the personal law of the adopter,
  
  adoption is legally recognized, such a child shall not be considered as a
  
  member of the working journalist.
  (2)Any dispute whether a working journalist
  
  has voluntarily resigned from service in any newspaper establishment on the
  
  ground of conscience shall be deemed to be an industrial dispute within the
  
  meaning of Industrial Disputes Act, 1947 (14 of 1947), or any corresponding law
  
  relating to investigation and settlement of industrial disputes in force in any
  
  State.
  (3)Where a nominee is a minor and the gratuity
  
  under sub-section (1) has become payable during his minority, it shall be paid
  
  to a person appointed under sub-section (3) of Sec. 5-A
  Provided that where there is no such person
  
  payment shall be made to any guardian of the property of the minor, appointed
  
  by a competent court or where no such guardian has been appointed, to either
  
  parent of the minor, or where neither parent is alive, to any other guardian of
  
  the minor:
  Provided further that where the gratuity is
  
  payable to two or more nominees, and either or any of them dies, the gratuity
  
  shall be paid to the surviving nominee or nominees. 
  1.Subs. by Act 65 of 1962, Sec. 3 (w.e.f. 15th
  
  January, 1963).