Cine-Workers and Cinema Theatre Workers (Regulation of
Employment) Rules, 1984][1] [21st September, 1984] Chapter I PRELIMINARY (1) These rules may
be called the Cine-Workers and Cinema Theatre Workers (Regulation of
Employment) Rules, 1984. (2) They shall come
into force on 1st day of October, 1984. In these rules,
unless the context otherwise requires: (1) “Act” means the
Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
(50 of 1981); (2) “tribunal”
means a Cine-Workers tribunal constituted under Section 7 of the Act; (3) “Forms” means a
Form appended to these rules; (4) “section” means
a section of the Act; (5) “leave” means
earned leave, medical leave, casual leave, maternity leave; (6) “leave not due”
means leave which is not due to the Cine-Worker but which may be granted to him
in anticipation of it being earned subsequently; (7) “quarantine
leave” means leave of absence from duty by reason of the presence of an
infectious disease in the family or house-hold of a Cine-Worker; (8) “study leave”
means leave granted to a Cine-Worker to enable him to undergo any special
course of training which may be of use to him in his career. Chapter II Agreement as
envisaged in Section 3 of the Act shall be as in Form ‘A’. Chapter III PROCEDURE FOR REFERENCE OF DISPUTES TO A
CONCILIATION OFFICER OR A TRIBUNAL An application
under Section 4 or Section 7 for the reference of a dispute to a conciliation
officer or a tribunal shall be made in Form ‘B’ and shall be delivered
personally or forwarded by registered post to the Secretary to the Government
of India in the [2][Ministry
of Labour] in triplicate. The application shall be accompanied by a statement
setting forth the following information: (a) Name of the
parties to the dispute; (b) the specific
matters in dispute; (c) the total
number of Cine-Workers employed in the establishment affected; (d) an estimate of
the number of Cine-Workers affected or likely to be affected by the dispute;
and (e) the efforts
made by the parties themselves to adjust the dispute. The application
and the statement accompanying it shall be signed (a) in the case of
a producer, by the producer himself; (b) in the case of
Cine-Workers, either by the president and secretary of a trade union of the
Cine-Workers or by five representatives of the Cine-Workers duly authorised in
this behalf at a meeting of the Cine-Workers held for the purpose; (c) in the case of
an individual Cine-Worker, by the Cine-Worker himself or by any officer of the
trade union of which he is a member or by another Cine-Worker in the same
establishment duly authorised by him in this behalf provided that such
Cine-Worker is not a member of a different trade union. Chapter IV POWERS, PROCEDURES AND DUTIES OF THE
CONCILIATION OFFICER AND THE TRIBUNALS (1) The
conciliation officer on receipt of notice of the strike or lockout, shall
forthwith arrange to interview both the producer and the Cine-Workers concerned
with the dispute at such place and time as he may deem fit and shall endeavour
to bring about a settlement of the dispute in question. (2) Where the
conciliation officer receives any information about an existing or apprehended
disputes and he considers it necessary to intervene in the dispute, he shall
give formal information in writing to the parties concerned declaring his
intention to commence conciliation proceedings with effect from such date as
may be specified therein. The producers
or the party representing Cine-Workers or in the case of the individual
Cine-Worker, the Cine-Worker himself involved in a dispute, shall forward a
statement setting forth with the specific matter in the dispute to the
conciliation officer concerned, whenever his intervention in the dispute is
required. The
conciliation officer for resolving the dispute may hold a meeting of the
representatives of both parties jointly or of each party separately. The
conciliation officer shall conduct proceeding expeditiously and in such manner
as he may deem fit. (1) Where the
Central Government refers any dispute for adjudication to a tribunal within two
weeks of the date of receipt of the order of reference, the party representing
workmen or in the case of individual workman, the workman himself and the
producer involved in the dispute shall file with the tribunal a statement of
demands relating to the issues as are included in the order of reference and
shall also forward a copy of such statement to each one of the opposite parties
involved in the said dispute: Provided that
where the tribunal considers it necessary it may, (a) extend the time
limit for filing of such statement; (b) reduce the time
limit for filing of such statement to one week in emergent cases for reasons to
be recorded in writing; (c) where both the
parties agree, reduce the time limit for filing of such statement as per
agreement; (d) where both the
parties agree, dispense with the requirement of filing such statement
altogether; (e) allow at any
stage of the proceeding; amendments to such statement to the extent as may be
necessary for the purpose of determining the real issues included in the order
of reference. (2) Within two
weeks of the receipt of the statement under sub-rule (1), the opposite party
shall file its rejoinder with the tribunal and simultaneously forward a copy
thereof to the other party: Provided that
such rejoinder shall relate only to such of the issues as are included in the
order of reference: Provided
further that where the tribunal considers it necessary it may, (a) extend the time
limit for filing of such rejoinder; (b) reduce the time
limit for filing of such rejoinder to one week in emergent cases for reasons to
be recorded in writing; (c) where both the
parties agree, reduce the time limit for filing of such rejoinder as per
agreement; (d) where both the
parties agree; dispense with the requirement of filing such rejoinder
altogether; (e) allow at any
stage of the proceedings amendments to such rejoinder to the extent as may be
necessary for the purpose of determining the real issues included in the order
of reference. (3) The tribunal
shall ordinarily fix the date for the first hearing of the dispute within 6
weeks of the date on which it was referred for adjudication: Provided that
the tribunal may, for reasons to be recorded in writing, fix a later date for
the first hearing of the dispute. (4) The hearing
shall ordinarily be continued from day to day and arguments shall follow
immediately after the closing of evidence. (5) The tribunal
shall ordinarily not grant any adjournment for a period exceeding a week at a
time, not more than three adjournments in all at the instance of any one of the
parties to the dispute: Provided that
the tribunal for reasons to be recorded in writing grant an adjournment
exceeding a week or more than 3 adjournments at the instance of any one of the
parties to the dispute: Provided
further that the producer should deposit the disputed amount with the Tribunal
pending finalisation of the dispute. (6) The tribunal
shall make a memorandum of the substance of evidence of each witness: Provided that
the tribunal may follow the procedure laid down in Rule 5 of Order XVIII of the
First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), if it
considers necessary so to do in view of the nature of the particular dispute
pending before it. Subject to the
provisions contained in Rules 6 and 7, the sittings of the Conciliation Officer
and the tribunal shall be held at such times and places as the presiding
officer may fix and Conciliation Officer or the presiding officer as the case
may be, shall inform the parties of the same in such manner as he think fit. The tribunal
may accept, admit or call for evidence at any stage of the proceedings before
it and in such manner as it may think fit. A Tribunal may
grant to any party to any proceedings 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. The summons
issued by a Tribunal shall be in Form ‘C’ and may require any person to produce
before it any books, papers or other documents and things in the possession of
or under the control of such person in any way relating to the matter under
investigation or adjudication by the tribunal which the tribunal thinks
necessary for the purpose of such investigation or adjudication. Subject to the
provision contained in Rule 18, any notice, summons, process or order issued by
a tribunal shall be served either personally or by post. In the event of
refusal by the party concerned to accept the said notice, summons, process or
order, the same shall be sent by registered post. Where in any
proceeding before a tribunal, there are numerous persons arrived on any side,
such persons shall be described as follows: (1) all such
persons as are members of any trade union or association shall be described by
the name of such trade union or association; and (2) all such
persons as are not members of any trade union or association shall be described
in such manner as the tribunal may determine. (1) Where there are
numerous persons as parties to any proceedings before a tribunal and such
persons are members of any trade union or association, the service of notice on
the secretary or where there is no secretary, on the principal officer of the
trade union or association shall be done deemed to be service on such persons. (2) Where there are
numerous persons as parties to any proceedings before a tribunal and such
persons are not members of any trade union or association, the tribunal shall
where personal service is not practicable, cause the service of any notice to
be made by affixing the same at or near the main entrance of the establishment
concerned. (3) A notice served
in the manner specified in sub-rule (2) shall also be considered as sufficient
service in the case of such workman who cannot be ascertained and found. At the first
sitting of a tribunal, the presiding officer shall call upon the parties in
such order as he may think fit to state their case. If without
sufficient cause being shown, any party to proceedings before a tribunal fails
to attend or to be represented, the tribunal may proceed as if the party had
duly attended or had been represented. A Conciliation
Officer or a Tribunal may enter in any premises in occupation of the party to
the dispute after giving a reasonable notice to the party concerned for the
purpose of making enquiries under this Act. 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; (d) discovery and
inspection; (e) power of
orderany point to be proved by affidavit. For any
proceedings before the Tribunal, the Assessors may be appointed under
sub-section (4) of Section 7 of the Act, to advise the Tribunal. The tribunal
shall have power to award damages in and the cost of and incidental to any
proceeding before it. Form ‘A’ (See Rule 3) An Agreement between Film Producer and
Cine-Worker This agreement
is made on this ………… of ……… 19………. between Messrs ……… having office at ………. (a
sole proprietary concern/a firm registered under the Partnership Act, 1932 a
Company incorporated and registered under the Companies Act, 1956) (hereinafter
referred to as the “Producer”) on the first part and Shri/Smt/Kum ………
son/daughter/wife of Shri ……. residing at ………… (hereinafter referred to as the
“Cine-Worker”) on the second part. The terms “Producer” and “Cine-Worker” shall
include their heirs, successors, administrators and legal representatives: Whereas the
Producer is engaged in the production of a talkie film, his production No……………
tentatively titled as ………… in …………. language in 35 mm/16 mm/70 mm
gauge/Cinemascope, in colour/black and transparent: Whereas the
said producer is desirous to engage the Cine-Worker in the capacity of a ….………
in the aforesaid film and the Cine-Worker accepts the same: Now, therefore
this agreement is made as follows: (1) That both the
parties agree that the duration of this agreement shall be from the date hereof
till the completion of the film and this period shall not exceed consecutive
months. (2) That the
Cine-Worker agrees to attend studio, location or work place as the case may be
subject to the requirement of his previous engagement and on his confirmation,
to his respective job punctually as and when he shall be required by a written
intimation by the Producer or the person duly authorised by him in writing. (3) That in
consideration of the Cine-Worker's services, as aforesaid, the Producer agrees
to pay and the Cine-Worker agrees to receive a sum of Rs …………………. (Rupees
………….) payable as advance on signing of this agreement and the balance of
Rs…………… payable in …… equal instalments. (4) That in the
event of the film being not complete within the stipulated period and the
Producer still needing the services of the Cine-Worker to complete the film,
the producer agrees to pay and the Cine-Worker agrees to receive additional
remuneration on pro-rata basis, payable in the same manner as stated in Clause
3 above, till the completion of the film. (5) That in case
the assignment of the Cine-Worker is completed earlier that the period
stipulated in Clauses 1 and 4 above, the Producer shall settle the account of
the Cine-Worker and pay the remaining balance of the agreement amount in full
before the commencement of the re-recording work/censor of the film, whichever
is earlier. (6) It is agreed by
the Producer that for the purposes of this agreement, (a) a working day
shall mean a period not exceeding eight consecutive hours (to include one
hour's break for rest and refreshments); (b) a working week
shall mean a six-day week from Monday to Saturday, both inclusive, and the
Cine-Worker is not liable to work on Sundays and Public Holidays; (c) the Cine-Worker
shall not be required to work for more than five consecutive hours without a
break; and (d) a period of not
less than twelve hours shall elapse between the Cine-Worker's release from the studio/location/work-place
and the next succeeding call. (7) That the
Cine-Worker shall, if so required, (a) attend the
studios, location or work-place as the case may be earlier than the scheduled
time of the shift, for preparatory work, and in that case, he/she shall be paid
by the Producer extra wages at the rate of Rs ………… per hour or part thereof for
such early attendance. (b) continue to
work beyond the working day, with one hour break and in that case he/she shall
be paid by the Producer extra wages at the rate of Rs ……. for the work during
the extended hours and refreshments, and transport facilities. (8) That the
Producer shall provide transport and food or pay travelling allowances to and
fro to report to duty and food allowance while on duty as are customary or
fixed by bilateral arrangements between the Producer's and Cine-Worker's
representative organisations. (9) That the
Producer shall also pay for all travelling and accommodation expenses, fares,
cost of food and such other allowances as are customary when the Cine-Worker is
required to work on location outdoors. (10) That the
Producer shall get the Cine-Worker insured for any injury or damage to his/her
person including death caused by accident arising out of or in the course of
his/her employment and/or during the period of his/her assignment under this
agreement. (11) That where the
Producer is prevented from proceeding with the production of the film by reason
of fire, riot, natural calamity, order of the public authority or any other
reason beyond his control: (a) he shall be
entitled to suspend the operation of this agreement during the period of
suspension of production in case the production is suspended. The producer
shall serve notice in writing of such suspension on the Cine-Worker and shall
pay all his/her dues up to the date of service of such notice. Upon resumption
of work on the film, this agreement shall revive and shall remain valid for the
period stipulated in Clause 1 excluding the period of suspension therefrom; or (b) he shall be
entitled to terminate this agreement as from the cessation of production, in
case the production ceases completely. The producer shall serve a notice in
writing of such cessation on the Cine-Worker and make payment of all the
amounts due to the Cine-Worker at the time of termination. (12) That in case if
the Producer desires to terminate this agreement before the expiry of its term
for reasons other than misconduct in relation to performance of the
Cine-Worker's duties or of his/her unwillingness to perform the services
required under this agreement the Producer shall be entitled to do so only upon
payment of the balance of the stipulated amount of the agreement. Only after
such payment to the Cine-Worker, the Producer shall be entitled to employ
another Cine-Worker in his/her place. (13) That the
Producer shall have the right to terminate this agreement on ground of
misconduct on the part of the Cine-Worker in relation to performance of his/her
duties or his/her unwillingness to perform the services required under the
agreement, upon payment to the Cine-Worker of the amount due at the time of
termination, calculated taking into consideration the Cine-Worker's total work
in the film and the work he/she has completed till the date of termination of
this agreement. Termination under this clause shall not be made unless the
charges of the Producer against the Cine-Worker are proved before a forum
comprising equal number of representatives of the Producers' Organisation and
the Cine-Workers' Organisation to which the Producer and the Cine-Worker respectively
may belong. The decision of the forum shall be binding on both the parties. The
Producer can engage another Cine-Worker for the job towards this agreement only
after the forum has given a decision in favour of such termination and the
Cine-Worker has been paid all his dues. (14) That in case of
premature termination of this agreement, it shall be the option of the Producer
whether or not to retain the work of the Cine-Worker in the film and at the
same time, it shall be option of the Cine-Worker whether or not to allow
his/her name to go on the credit titles of the film. (15) That the
Producer shall have the right to decide the manner of representing the Cine
Worker's personality on the screen, his/her clothes, make-up and hair-style and
the Cine-Worker shall fully and willingly comply with the direction of the
Producer in this regard, provided that the requirements of the Producer in this
respect have been notified to the Cine-Worker and accepted by him/her. (16) That the
Cine-Worker agrees that he/she shall render his/her services to the best of
his/her ability in such manner as the Producer or, at his instance, the
Director of the film may direct and shall comply with all reasonable
instructions that he may give for the production of the film. (17) That the
Cine-Worker shall comply with all the regulations of the studio, location or
work place as the case may be. (18) That the
Producer shall not without the consent in writing of the Cine-Worker, assign or
transfer the benefit of this agreement to any other person. (19) That the
provisions of the Employees' Provident Funds and Miscellaneous Provisions Act,
1952 shall be applicable to this agreement. (20) That the
Producer shall not utilise the work of the Cine-Worker in any film, other than
the film under this agreement, without prior permission of the Cine-Worker. The parties
have put their hands to this agreement on the date, month and year said above
in the presence of each other and in the presence of the witnesses. (1) Witness Producer Name Address (2) Witness Cine-Worker Name Address Form ‘B’ (See Rule 4) Form of
application for reference of a dispute to a Conciliation Officer
under Section 4 or Section Tribunal 7
of the Cine-Workers and Cinema Theatre Workers (Regulation and Employment) Act,
1981. Whereas a
dispute *is apprehended between and and it is expedien exists that
the *matters specified in the enclosed statement which are connected/the
dispute investigation and settlement relevant to the dispute should be referred
for adjudication by a Conciliation Officer an Tribunal application
is hereby made under Section 4 or 7 of the Cine-Workers and Cinema Theatre
Workers (Regulation of Employment) Act, 1981 that the said
matters should be referred to a Conciliation Officer said dispute Tribunal. This
application is made by the undersigned who has been duly authorised to do so by
virtue of a have resolution (copy enclosed) adopted by a majority of the
members present at a meeting of the held on the20 A statement giving the
particulars required under Rule 4 of the Cine-Workers and Cinema Theatre
Workers, 1984 is enclosed. Signature of
employer* or agent *Delete
whichever is not applicable. or Signature of
the President of
the Trade Union Secretary to
the Trade Union or Signature of
five representatives duly authorised (vide resolution
enclosed) *or Signature of
the Cine-Worker(s) or Signature of
the Cine-Worker in the same
establishment duly authorised (vide authorisation
enclosed) To, The Secretary
to the Government of India, [3][Ministry of
Labour], New Delhi. Statement
required under Rule 4 of the Cine-Workers and Cinema Theatre Workers
(Regulation of Employment) Rules, 1984; (a) Parties to the
dispute including the name and address of the establishment involved. (b) Specific
matters in dispute. (c) Total number of
Cine-Workers employed in the establishment affected. (d) Estimated
number of Cine-Workers affected or likely to be affected by the dispute. (e) Efforts made by
the parties themselves to adjust the dispute. *Delete
whichever is not applicable. Form ‘C’ (See Rule 14) Whereas a
dispute between and for investigation and settlement has been
referred to this Tribunal for adjudication under Section 7 of the Cine-Workers
and Cinema Theatre Workers (Regulation of Employment) Act, 1981, you are hereby
summoned to appear before the Tribunal in person on the day of
at o'clock in the noon to answer all material questions
relating to the said dispute and you are directed to produce on that day all
the books, papers and other documents and things in your possession or under
your control in any way to the matter under investigation by this Tribunal. Dated
………. Presiding Officer, Tribunal.Cine-Workers
and Cinema Theatre Workers (Regulation of Employment) Rules, 1984