For regulation of the conditions of employment of certain cine-workers and cinema theatre workers.
Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
[Act 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:—
Statement of Objects and Reasons.—Existing labour laws do not provide necessary safeguards to low paid artistes and technicians engaged in the production of feature films with regard to their terms and conditions of employment, payment of wages and providing of other amenities. Employees of cinema theatres are generally not provided with facilities, such as, gratuity and provident fund. It is, therefore, proposed to make suitable provisions with respect to these matters. The following are the salient features of the Bill:—
(i) The Bill would cover all cine-workers as defined therein, i.e., an individual 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 and whose remuneration with respect to such employment does not exceed, where such remuneration is by way of monthly wages, a sum of one thousand rupees per month and where such remuneration is by way of a lump sum, a sum of five thousand rupees.
(ii) Every producer of a feature film, before engaging cine-workers mentioned above, will be required to enter into a written agreement with each one of them in the prescribed form and the agreement shall be registered with the competent authority notified under the law and where the worker is entitled to the benefits of provident fund under the proposed legislation, a copy of such agreement should also be deposited with the Regional Provident Fund Commissioner concerned. Where the cine-workers are engaged through a contractor, or other person, the agreement will have to be executed by the producer and such contractor or other person.
(iii) A dispute could be raised by the affected workman in case of breach of any of the terms and conditions of the agreement with the conciliation officer in the State. In the event of the parties failing to arrive at a settlement, the conciliation officer will report to the Central Government about the failure to arrive at a settlement and the Central Government may refer the dispute to single member Cine-workers Tribunals constituted under the law. Subject to revision by the High Court, the awards of the Tribunal will be final. If any settlement is arrived at before the conciliation officer, it shall be binding on the parties to the dispute. The above procedure for the raising of disputes closely follows the provisions of the Industrial Disputes Act, 1947.
(iv) As the object of the legislation is to ensure that the cine-workers are protected from exploitation as regards the terms and conditions of employment without imposing on this creative industry too harsh a set of regulations, penalties are proposed only in cases where the producer of a feature film fails to register the agreement entered into with a worker or when he takes work from a worker without executing an agreement.
(v) It is proposed to apply the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, to such cine-workers as have completed assignments in five feature films with one or more different producers.
As regards employees of cinema theatres, it is proposed to make the provisions of the Payment of Gratuity Act, 1972, and the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, applicable to the employees of cinema theatres in which five or more persons are employed.
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 date 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.
[Editor’s Note: The Act came into force w.e.f. Oct. 1, 1984.]
| Other Contents of Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 |
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| Sections 1 to 11 Sections 12 to 25 |
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 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;
(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.
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.
(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 of 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.
(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 conciliation 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 the 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 advise 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 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.
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