The Cine-workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981

(1) This Act may be called the Cine-workers andCinema Theatre Workers (Regulation of Employment) Act, 1981. (2) It extends to the whole of India. (3) It shall come into force on such date1as the Central Government may, by notification in theOfficial Gazette, appoint; and different dates may be appointed for different provisions of this Act andfor different areas.

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 exhibitionof 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 inconnection 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 theproduction of such feature film does not exceed, where such remuneration is by way ofmonthly wages, a sum of one thousand six hundred rupees per month, and where suchremuneration is by way of a lump sum, a sum of fifteen thousand rupees; (d) "competent authority" means any authority authorised by the Central Government bynotification in the Official Gazette to perform all or any of the functions of the competentauthority under this Act; (e) "contractor" means a person who furnishes or undertakes to furnish cine-workers for beingemployed in or in connection with the production of a feature film, and includes a sub-contractoror agent; (f) "feature film" means a full length cinematograph film produced wholly or partly in Indiawith a format and a story woven around a number of characters where the plot is revealed mainlythrough dialogues and not wholly through narration, animation or cartoon depiction, and does notinclude 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 arrangementsnecessary for the making of such film (including the raising of finances and engagingcine-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 themaking 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 theterms 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 requiredto 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 workerin 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 providentfund 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.

(1) No person shall beemployed 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 filmand 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, theperson 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 otherbenefits (including benefits by way of provident fund, if any), to which he is entitled; the mode ofpayment of such wages and contributions to such provident fund and all other terms andconditions of employment; (d) include, where such employee is employed through a contractor or other person, a specificcondition to the effect that in the event of the contractor or other person failing to discharge hisobligations under the agreement to the employee with respect to payment of wages or any othermatter, the producer of the film concerned shall be liable to discharge such obligations and shallbe 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 anyperson as a cine-worker shall, if such person is entitled to the benefits of provident fund under section16, also be forwarded by the producer of the film to the Regional Provident Fund Commissionerconcerned under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952(19 of 1952).

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 ofmediating and promoting the settlement of any dispute (hereinafter referred to as the dispute) betweena cine-worker and the producer of the film in, or in connection with, which he has been employed orthe contractor or other person through whom he has been so employed, with respect to the terms andconditions or termination, of employment of such cine-worker.

(1) Where any dispute exists or is apprehended, theconciliation 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 settlementthereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to afair 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 ofthe conciliation proceedings, the conciliation officer shall send a report thereof to the CentralGovernment 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, afterthe close of the investigation, send to the Central Government a full report setting forth the steps takenby him for ascertaining the facts and circumstances relating to the dispute and for bringing about asettlement thereof, together with a full statement of such facts and circumstances and the reasons onaccount 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 issatisfied that there is a case for reference to a Tribunal, it may make such reference under section 11and where that Government does not make such a reference, it shall record and communicate to theparties concerned its reasons therefor. (6) A report under this section shall be submitted within three months of the commencement ofthe conciliation proceedings or within such shorter period as may be fixed by the CentralGovernment: Provided that, subject to the approval of the conciliation officer, the time for the submission of thereport may be extended by such period as may be agreed upon in writing by all the parties to thedispute.