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THE CINE-WORKERS AND CINEMA THEATRE WORKERS (REGULATION OF
EMPLOYMENT) ACT, 1981
ACT NO. 50 OF 1981
[24th December, 1981.]
An Act to provide for the regulation of the conditions of
employment of certain cine-workers and cinema theatre workers and for
matters connected therewith.
BE it enacted by Parliament in the Thirty-second Year of the
Republic of India as follows:--
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.
1. Short title, extent and commencement.- (1) This Act may be
called the Cine-workers and Cinema Theatre Workers (Regulation of
Employment) Act, 1981.
(2) It extends to the whole of India.
(3) It shall come into force on such date1* as the Central
Government may, by notification in the Official Gazette, appoint; and
different dates may be appointed for different provisions of this Act
and for different areas.
2.
Definitions.
2. Definitions.- In this Act, unless the context otherwise
requires,--
(a) "cinema theatre" means a place which is licensed under
Part III of the Cinematograph Act, 1952 (37 of 1952),
or under any other law for the time being in force in a
State for the exhibition of a cinematograph film;
(b) "cinematograph film" has the same meaning as in the
Cinematograph Act, 1952 (37 of 1952);
(c) "cine-worker" means an individual--
(i) who is employed, directly or through any
contractor or other person, in or in connection with
the production of a feature film to work as an artiste
(including actor, musician or dancer) or to do any
work, skilled, unskilled, manual, supervisory,
technical, artistic or otherwise; and
(ii) whose remuneration with respect to such
employment in or in connection with the production of
such feature film does not exceed, where such
remuneration is by way of
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1. 1-10-1984: Vide Notif. No. G.S.R. 676(E), dated 21-9-1984,
Gazette of India, Extraordinary, Pt. II, Sec. 3(i).
618
monthly wages, a sum of one thousand six hundred rupees
per month, and where such remuneration is by way of a
lump sum, a sum of fifteen thousand rupees;
(d) "competent authority" means any authority authorised by
the Central Government by notification in the Official
Gazette to perform all or any of the functions of the
competent authority under this Act:
(e) "contractor" means a person who furnishes or undertakes
to furnish cine-workers for being employed in or in
connection with the production of a feature film, and
includes a sub-contractor or agent;
(f) "feature film" means a full length cinematograph film
produced wholly or partly in India with a format and a
story woven around a number of characters where the
plot is revealed mainly through dialogues and not
wholly through narration, animation or cartoon
depiction, and does not include an advertisement film:
(g) "prescribed" means prescribed by rules made under this
Act;
(h) "producer", in relation to a feature film, means the
person by whom the arrangements necessary for the
making of such film (including the raising of finances
and engaging cine-workers for the making of such film)
are undertaken;
(i) "production", in relation to a feature film, includes
any of the activities in respect of the making thereof;
(j) "Tribunal" means a Cine-workers Tribunal constituted
under section 7;
(k) "wages" means all emoluments which are payable to a
worker in accordance with the terms of the contract of
employment in cash, but does not include--
(i) the cash value of any food concession;
(ii) any dearness allowance (that is to say, all
cash payments, by whatever name called, paid to a
worker on account of a rise in the cost of living or on
account of his being required to work in a place other
than the place where he is normally residing), house
rent allowance, overtime allowance, bonus, commission
or any other similar allowance payable to the worker in
respect of his employment or of work done in such
employment;
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(iii) any contribution paid or payable by the
employer to any pension fund or provident fund or for
the benefit of the worker under any law for the time
being in force;
(iv) any gratuity payable on the termination of
his contract.
CHAP
REGULATION OF EMPLOYMENT OF CINE-WORKERS
CHAPTER II
REGULATION OF EMPLOYMENT OF CINE-WORKERS
3.
Prohibition of employment of cine-worker without agreement.
3. Prohibition of employment of cine-worker without agreement.-
(1) No person shall be employed as a cine-worker in or in connection
with the production of any feature film unless,--
(a) an agreement in writing is entered into with such person
by the producer of such film; or, where such person is
employed through a contractor or other person, by the
producer of such film and such contractor or other
person; and
(b) such agreement is registered with the competent
authority by the producer of such film.
(2) Every agreement, referred to in sub-section (1) shall,--
(a) be in the prescribed form;
(b) specify the name of and such other particulars as may be
prescribed with respect to, the person to whose
employment it relates (hereafter in this sub-section
referred to as the employee);
(c) specify the nature of assignment of the employee, his
hours of work, the wages and other benefits (including
benefits by way of provident fund, if any), to which he
is entitled; the mode of payment of such wages and
contributions to such provident fund and all other
terms and conditions of employment;
(d) include, where such employee is employed through a
contractor or other person, a specific condition to the
effect that in the event of the contractor or other
person failing to discharge his obligations under the
agreement to the employee with respect to payment of
wages or any other matter, the producer of the film
concerned shall be liable to discharge such obligations
and shall be entitled to be reimbursed with respect
thereto by the contractor or other person.
620
(3) A copy of the agreement referred to in sub-section (1) with
respect to the employment of any person as a cine-worker shall, if
such person is entitled to the benefits of provident fund under
section 16, also be forwarded by the producer of the film to the
Regional Provident Fund Commissioner concerned under the Employees'
Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952).
4.
Conciliation officers.
4. Conciliation officers.- The Central Government may, by
notification in the Official Gazette, appoint such number of persons
as it thinks fit to be conciliation officers charged with the duty of
mediating and promoting the settlement of any dispute (hereinafter
referred to as the dispute) between a cine-worker and the producer of
the film in, or in connection with, which he has been employed or the
contractor or other person through whom he has been so employed, with
respect to the terms and conditions or termination, of employment of
such cine-worker.
5.
Duties of conciliation officers.
5. Duties of conciliation officers.- (1) Where any dispute exists
or is apprehended, the conciliation officer may hold conciliation
proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing
about a settlement of the dispute, without delay, investigate the
dispute and all matters affecting the merits and the right settlement
thereof and may do all such things as he thinks fit for the purpose of
inducing the parties to come to a fair and amicable settlement of the
dispute.
(3) If a settlement of the dispute or of any of the matters in
dispute is arrived at in the course of the conciliation proceedings,
the conciliation officer shall send a report thereof to the Central
Government together with a memorandum of the settlement signed by the
parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer
shall, as soon as practicable, after the close of the investigation,
send to the Central Government a full report setting forth the steps
taken by him for ascertaining the facts and circumstances relating to
the dispute and for bringing about a settlement thereof, together with
a full statement of such facts and circumstances and the reasons on
account of which, in his opinion a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub-
section (4), the Central Government is satisfied that there is a case
for reference to a Tribunal, it may make such reference under section
11 and where that Government does not make such a reference, it shall
record and communicate to the parties concerned its reasons therefor.
621
(6) A report under this section shall be submitted within three
months of the commencement of the conciliation proceedings or within
such shorter period as may be fixed by the Central Government:
Provided that, subject to the approval of the conciliation
officer, the time for the submission of the report may be extended by
such period as may be agreed upon in writing by all the parties to the
dispute.
6.
Settlement to be binding and to be enforced by the competent
authority.
6. Settlement to be binding and to be enforced by the competent
authority.- Every settlement arrived at in the course of a concilation
proceeding under this Chapter shall be binding on all the parties to
the dispute and shall not be called in question in any court and it
shall be duty of the competent authority to enforce the terms of the
said settlement.
7.
Constitution of Tribunals.
7. Constitution of Tribunals.- (1) The Central Government may, by
notification in the Official Gazette, constitute one or more
Tribunals, to be called the Cine-workers Tribunals, with headquarters
at such place as may be specified in the notification, for the
adjudication of disputes relating to any matter specified in any
agreement of the nature referred to in section 3.
(2) A Tribunal shall consist of one person only to be appointed
by the Central Government.
(3) A person shall not be qualified for appointment as the
presiding officer of a Tribunal unless--
(a) he is, or has been, or is qualified to be, a Judge of a
High Court; or
(b) he has, for a period of not less than three years, been
a District Judge or an Additional District Judge; or
(c) he has held the office of the presiding officer of an
Industrial Tribunal constituted under the Industrial
Disputes Act, 1947 (14 of 1947), for a period of not
less than two years.
(4) The Central Government may, if it so thinks fit, appoint two
persons as assessors to advice the Tribunal in any proceedings before
it.
8.
Disqualification for the presiding officers of Tribunals.
8. Disqualification for the presiding officers of Tribunals.- No
person shall be appointed to, or continue in, the office of the
presiding officer of a Tribunal, if--
(a) he is not an independent person; or
(b) he has attained the age of sixty-five years.
9.
Filling of vacancies.
9. Filling of vacancies.- If, for any reason, a vacancy (other
than a temporary absence) occurs in the office of the presiding
officer of a Tribunal, the Central
622
Government shall appoint another person in accordance with the
provisions of this Act to fill the vacancy, and the proceeding may be
continued before the Tribunal from the stage at which the vacancy is
filled.
10.
Finality of orders constituting Tribunals, etc.
10. Finality of orders constituting Tribunals, etc.- (1) No order
of the Central Government appointing any person as the presiding
officer of a Tribunal shall be called in question in any manner; and
no act or proceeding before any Tribunal shall be called in question
in any manner on the ground merely of any defect in the constitution
of such Tribunal.
(2) No settlement arrived at in the course of a conciliation
proceeding shall be invalid by reason only of the fact that such
settlement was arrived at after the expiry of the period referred to
in sub-section (6) of section 5.
11.
Reference of disputes to Tribunals.
11. Reference of disputes to Tribunals.- (1) Where, on a
consideration of the report referred to in sub-section (4) of section
5, the Central Government is satisfied that it is necessary so to do,
it may, by order in writing, refer the dispute or any matter appearing
to be connected with, or relevant to, the dispute, to a Tribunal for
adjudication.
(2) Where in an order referred to in sub-section (1) or in a
subsequent order, the Central Government has specified the points of
dispute for adjudication, the Tribunal shall confine its adjudication
to those points and matters incidental thereto.
12.
Procedure and powers of conciliation officers and Tribunals.
12. Procedure and powers of conciliation officers and Tribunals.-
(1) Subject to any rules that may be made in this behalf, a
conciliation officer or a tribunal shall follow such procedure as the
officer or Tribunal may think fit.
(2) A conciliation officer or a Tribunal may, for the purpose of
inquiry into any existing or apprehended dispute, after giving
reasonable notice, enter any premises in the occupation of any party
to the dispute.
(3) Every Tribunal shall have the same powers as are vested in a
Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), when
trying a suit, in respect of the following matters, namely:--
(a) enforcing the attendance of any person and examining him
on oath;
(b) compelling the production of documents and material
objects;
(c) issuing commissions for the examination of witnesses;
and
(d) in respect of such other matters as may be prescribed;
and every inquiry or investigation by a Tribunal shall be deemed to be
a judicial proceeding within the meaning of sections 193 and 228 of
the Indian Penal Code (45 of 1860) and the Tribunal shall be deemed
to be a Civil Court for the purposes of section 195 and Chapter XXVI
of the Code of Criminal Procedure, 1973 (2 of 1974).
623
(4) A conciliation officer may call for and inspect any document
which he has ground for considering to be relevant to the dispute or
to be necessary for the purpose of verifying the implementation of any
award or carrying out any other duty imposed on him under this
Chapter, and for the aforesaid purposes, the conciliation officer
shall have the same powers as are vested in a Civil Court under the
Code of Civil Procedure, 1908 (5 of 1908), in respect of compelling
the production of documents.
(5) A Tribunal may, if it so thinks fit, appoint one or more
persons having special knowledge of the matter under consideration as
assessor or assessors to advise it in the proceeding before it.
(6) A Tribunal may grant to any party to any proceeding before
it, such interim or other reliefs (whether subject to any conditions
or not), including stay of any order, issue of any injunction or
direction in regard to payment of wages or other amounts payable under
the agreement referred to in section 3, setting aside any unilateral
termination of contract or the dismissal of a worker or reinstating a
worker, as it deems just and proper in the circumstances of the case:
Provided that the Tribunal shall not grant any such interim
relief unless all the parties to the proceeding have been served with
a notice on the application for such interim relief and have been
given a reasonable opportunity of being heard:
Provided further that the Tribunal may, having regard to the
nature of the interim relief sought and the circumstances of the case,
pass appropriate orders granting such interim relief as it deems just
and proper in the circumstances of the case before the notice referred
to in the preceding proviso is served on the parties to the
proceeding:
Provided also that where the Tribunal makes any order under the
proviso immediately preceding, it shall record the reasons for making
the order before complying with the requirements specified in the
first proviso.
(7) Subject to any rules that may be made in this behalf, the
awarding of damages in, and the costs of, and incidental to, any
proceeding before a Tribunal shall be in the discretion of that
Tribunal and the Tribunal shall have full power to determine by and to
whom and to what extent and subject to what conditions, if any, such
damages or costs are to be paid, and to give all necessary directions
for the purposes aforesaid and such damages or costs may, on an
application made to the Central Government by the person entitled, be
directed to be recovered by that Government in the same manner as an
arrear of land revenue.
624
13.
Duties of Tribunals.
13. Duties of Tribunals.- Where a dispute has been referred to a
Tribunal for adjudication, it shall hold its proceedings expeditiously
and shall submit its award to the Central Government ordinarily within
a period of three months from the date on which such industrial
dispute is referred to it:
Provided that in computing the period of three months under this
section, the period for which the proceedings before the Tribunal have
been stayed by any injunction or order shall be excluded.
14.
Publication of awards of Tribunals.
14. Publication of awards of Tribunals.- (1) Every award of a
Tribunal shall, within a period of thirty days from the date of its
receipt by the Central Government, be published in such manner as that
Government thinks fit.
(2) Subject to the provisions of section 15, the award shall be
final and binding on all the parties to the dispute and shall not be
called in question in any Court in any manner whatsoever.
(3) The award of a Tribunal shall be executed in the same manner
as if it were a decree of a Civil Court.
15.
Revision.
15. Revision.- (1) The High Court may, on the application of any
person aggrieved by the award of a Tribunal, call for and examine the
record of the Tribunal, to satisfy itself as to the regularity of the
proceeding before such Tribunal or the correctness, legality or
propriety of any award passed therein and if, in any case, it appears
to the High Court that any such award should be modified, annulled or
reversed, it may pass such orders accordingly:
Provided that where the presiding officer of the Tribunal is a
Judge of a High Court, such application shall be heard and disposed of
by not less than two Judges of the High Court:
Provided further that where the award of the Tribunal provides
for the payment by the producer of any film or, as the case may be,
the contractor or other person of any amount either by way of
compensation to the cine-worker or by way of damages, no such
application by the producer, contractor or other person shall be
entertained by the High Court unless the applicant deposits with the
High Court or with such other authority as may be prescribed the
amount ordered to be paid:
Provided also that where, in any particular case, the High Court
is of opinion that the deposit of any amount ordered to be paid would
cause undue hardship to the applicant, the High Court may dispense
with such deposit subject to such conditions as it may deem fit to
impose so as to safeguard the interests of the cine-worker concerned.
625
(2) Every application to the High Court under sub-section (1)
shall be preferred within ninety days from the date on which the award
was passed by the Tribunal:
Provided that the High Court may, in its discretion, allow
further time not exceeding one month for the filing of any such
application, if it is satisfied that the applicant had sufficient
cause for not preferring the application within the time specified in
this sub-section.
(3) In this section, "High Court" means the High Court within the
local limits of whose jurisdiction, the headquarters of the Tribunal
is situated.
16.
Application of Act 19 of 1952 to cine-workers.
16. Application of Act 19 of 1952 to cine-workers.- The Employees'
Provident Funds and Miscellaneous Provisions Act, 1952, as in force
for the time being, shall apply to every cine-worker who has worked in
not less than three feature films with one or more producers, as if
such cine-worker were an employee within the meaning of that Act.
17.
Penalties.
17. Penalties.- (1) Whoever contravenes the provisions of section
3 shall be punishable with fine which shall not be less than ten
thousand rupees but which may extend to fifty thousand rupees:
Provided that the Court may, for any adequate and special reasons
to be mentioned in the judgment, impose a fine of less than ten
thousand rupees.
(2) Where any person convicted of an offence under sub-section
(1) is again convicted of an offence under the same provision, he
shall be punishable with fine which shall not be less than twenty
thousand rupees but which may extend to one lakh rupees:
Provided that the Court may, for any adequate and special reasons
to be mentioned in the judgment, impose a fine of less than twenty
thousand rupees.
18.
Offences by companies.
18. Offences by companies.- (1) Where an offence under this Act
has been committed by a company, every person who, at the time the
offence was committed, was in charge of, and was responsible to, the
company for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render
any such person liable to any punishment if he proves that the offence
was committed without his knowledge or that he had exercised all due
diligence to prevent the commission of such offence.
626
(2) Notwithstanding anything contained in sub-section (1), where
any offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall be deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.
Explanation.--For the purposes of this section,--
(a) "company" means any body corporate and includes a firm
or other association of individuals; and
(b) "director", in relation to a firm, means a partner in
the firm.
19.
Cognizance of offences.
19. Cognizance of offences.- No court shall take cognizance of any
offence under this Act except on a complaint made by, or with the
permission in writing of, the Central Government or an officer
empowered by it in this behalf and no court inferior to that of a
Metropolitan Magistrate or a Judicial Magistrate of the first class
shall try an offence punishable under this Act.
20.
Magistrate's power to impose enhanced penalties.
20. Magistrate's power to impose enhanced penalties.
Notwithstanding anything contained in section 29 of the Code of
Criminal Procedure, 1973 (2 of 1974), it shall be lawful for any
Metropolitan Magistrate or any Judicial Magistrate of the first class
to pass any sentence authorised by this Act.
21.
Effect of laws and agreements inconsistent with this Chapter.
21. Effect of laws and agreements inconsistent with this Chapter.-
The provisions of this Chapter shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the
time being in force or in the terms of any agreement or contract of
service.
22.
Protection of action taken under this Chapter.
22. Protection of action taken under this Chapter.- (1) No suit,
prosecution or other legal proceedings shall lie against any competent
authority, conciliation officer, or any other employee of the Central
Government or the presiding officer of a Tribunal, for anything which
is in good faith done, or intended to be done, in pursuance of this
Act or any rule or order made thereunder.
(2) No suit or other legal proceedings shall lie against the
Central Government for any damage caused or likely to be caused by
anything which is in good faith done or intended to be done in
pursuance of this Act or any rule or notification or order made or
issued thereunder.
22A.
Delegation of powers.
1*[22A. Delegation of powers.- The Central Government may, by
notification in the Official Gazette, direct that any power
exercisable by it under this Act or rules made thereunder (other than
the powers conferred by this section and section 23) shall, in
relation to such matters and subject to such conditions, if any, as
may be specified in the notification be exercisable also by the State
Government or by such officer or authority subordinate to the State
Government as may be specified in the notification.]
23.
Power to make rules.
23. Power to make rules.- (1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the
provisions of this Chapter.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:--
(a) the form in which an agreement may be entered into by a
producer with a cine-worker under section 3 and the
other conditions of employment;
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1. Ins. by Act 35 of 1988, s. 2.
627
(b) the manner in which proceedings may be held by a
conciliation officer under sub-section (1) of section
5;
(c) the procedure to be followed by a conciliation officer
or Tribunal under section 12;
(d) the matters referred to in clause (d) of sub-section (3)
of section 12;
(e) the damages or costs that may be awarded by a Tribunal
under sub-section (7) of section 12;
(f) any other matter which is required to be, or may be,
prescribed.
(3) Every rule made by the Central Government under this Chapter
shall be laid, as soon as may be after it is made, before each House
of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect,
as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything
previously done under that rule.
CHAP
REGULATION OF EMPLOYMENT OF CINEMA THEATRE WORKERS
CHAPTER III
REGULATION OF EMPLOYMENT OF CINEMA THEATRE WORKERS
24.
Application of Act 19 of 1952.
24. Application of Act 19 of 1952.- The provisions of the
Employees' Provident Funds and Miscellaneous Provisions Act, 1952, as
in force for the time being, shall apply to every cinema theatre in
which five or more workers are employed on any day, as if such cinema
theatre were an establishment to which the aforesaid Act had been
applied by a notification of the Central Government under the proviso
to sub-section (3) of section 1 thereof, and as if each such worker
were an employee within the meaning of that Act.
25.
Application of Act 39 of 1972.
25. Application of Act 39 of 1972.- The provisions of the Payment
of Gratuity Act, 1972, as in force for the time being, shall apply to
or in relation to, every worker employed in a cinema theatre in which
five or more workers are employed or were employed on any day of the
preceding twelve months, as they apply to, or in relation to,
employees within the meaning of that Act.
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