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CINE WORKERS WELFARE FUND ACT, 1981
33 of 1981
Welfare measures to meet the needs of indigent cine -artistes are not available. Cine-artistes, like artistes in other performing arts, wither owing to changes in styles and trends and due to ageing. There are cases where artistes who have won great fame and recognition for their creative talents have fallen into utter poverty and distress. In order to provide assistance in cases of extreme hardship and for talcing up related welfare measurers for the persons employed in the film industry, it is proposed to establish a Cine-workers Welfare Fund. The duty of excise levied on feature films under the provisions of the Cine-workers Welfare Cess Bill, 1981, after deducting the cost of collection, would be credited to the proposed Fund. Provision has also been made in the Bill for the making of grants to the Fund by the Central Government and for the receipt of donations to the Fund. 2. The Fund is intended to provide assistance to cine-workers in need and to take up welfare schemes for the benefit of such workers. The purposes for which money from the Fund can be spent, have been mentioned in clause 4 of the Bill, It is proposed to administer the Fund in consultation with Advisory Committees which will be set up in the principal film production centres. Power is being taken by the Central Government to set up a Central Advisory Committee to co-ordinate the activities of the State Advisory Committees to ensure their effective functioning. 3. The Bill is intended to achieve the above objects,- Gaz. of Ind., 8-5-1981, Pt. II, S. 2, Ext., p. 393. Act 26 of 1987.- The Cine-workers Welfare Fund Act, 1981 is applicable to cine-workers as defined under the Act whose remuneration with respect to the type of employment referred to in the
Act does not exceed, where such remuneration is by way of monthly wages, a sum of one thouand rupees per month, and where such remuneration is by way of lump sum, a sum of five thousand rupees. However, the ceiling on monthly wages under the Cine-workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 as well as under the welfare schemes framed under other Welfare Fund Acts is one thousand and six hundred rupees per month. It is, therefore, proposed to amend the Cine-workers Welfare Fund Act suitably to bring about uniformity to the extent possible in this respect. The purposes for which the Welfare Fund formed under the Act can be applied by the Central Government have been specified in section 4of the Act. In view of the importance and urgency accorded by Government to family welfare and family planning programmes, it is proposed to specifically provide that the Fund can also be applied for family welfare schemes including family planning, education and services. 3. According to the existing provisions in the Act, the Central Advisory Committee constituted under the Act consists of eleven members. In all the other Central Advisory Committees established under various Acts the principle of tripartism has been recognised and equal number of representatives of Government, employer and employees have been included in such Advisory Committees, With a view to bringing the provisions of the Cine -workers. Welfare Fund Act, 981 in conformity with the said principle, the ceiling of eleven members provided in sub-section (2) of section 6is sought to be suitably amended. 4. The Bill seeks to achieve the above objects.- Gaz. of Ind., 27 -2-1987, Pt. II, S. 2, Ext., p. 2 (No. 1)
An Act to provide for the financing of activities to promote the welfare of certain cine-workers. BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called THE CINE -WORKERS WELFARE FUND 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 the Official Gazette, appoint.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,-
(a) "cinematograph film" has the same meaning as inthe Cinematograph Act, 1952;
(b) "Cine-worker" means an individual-
(i) who has been employed, directly or through any contractor or in any other manner, in or in connection with the production of not less than five feature films lo work as an artiste (including actor, musician or dancer) or to do any work, skilled, unskilled, manual, supervisory, technical, artistic or otherwise; and 3
(ii) whose remuneration with respect to such employment in or in connection with the production of each of any five feature films, not being less than the monthly remuneration or lump sum remuneration stipulated prior to the commencement of the Cine-workers Welfare Fund (Amendment) Act, 2001, does not exceed such sum. whether monthly or by way of lump sum or instalments, as may be specified by the Central Government by notification in the Official Gazette.".
(c) "feature film" means a full length cinematograph film produced wholly or partly in India with a format and a story woven around anumber of characters where the plot is revealed mainly through dialogues and not wholly through narration, animation or cartoon depletion and does not include an advertisement film;
(d) "Fund" means the Cine-workers Fund formed under section 3-;
(e) "prescribed" means prescribed by rules made under this Act;
(f) "producer", in relation to a feature film means the person by whom arrangements necessary for the making of such film (including the raising of finance and engaging cine-workers for such film - making) are undertaken.
SECTION 03: CINE WORKERS WELFARE FUND
There shall be formed a Fund to be called the Cine-workers Welfare Fund, and there shall be credited thereto-
(a) such amounts as the Central Government may, after due appropriation made by Parliament by law in this behalf, provide from out of the proceeds of the duty of excise credited under section 5 of the Cine-workers Welfare Cess Act, 1981, after deducting therefrom the cost of collection as determined by the Central Government under this Act;
(b) any grants made to the Fund by the Central Government;
(c) any money received as donations for the purposes of this Act;
(d) any income from investment of the amounts in the Fund.
SECTION 04: APPLICATION OF FUND
(1) The Fund shall be applied by the Central Government to meet the expenditure incurred in connection with measurers and facilities which, in the opinion of that Government are necessary or expedient to promote the welfare of cine-workers; and, in particular,-
(a) to defray the cost of such welfare measures or facilities for the benefit of cine -workers as may be decided by the Central Government;
(b) to provide assistance in the form of grants or loans to indigent cine-workers.
(c) to sanction any money in aid of any scheme for the welfare of cine-workers4[, including family welfare, family planning, education and services] which is approved by the Central Government;
(d) to meet the allowances, if any, of the members of the Advisory Committees and the Central Advisory. Committees constituted under section 5-and6-respectively and the salaries and allowances, if any, of persons appointed under section 8-;
(e) any other expenditure which the Central Government may direct to be defrayed from the Fund.
(2) The Central Government shall have power to decide whether any particular expenditure is or ii not debitable to the Fund, and its decision shall be final.
SECTION 05: ADVISORY COMMITTEES
(1) The Central Government may constitute as many Advisory Committees as it thinks fit to advise the Central Government on such matters arising out of the administration of this Act as may be referred to it by that Government, including matters relating to the application of the Fund.
(2) Each Advisory Committee shall consist of such number of persons as may be appointed to it by the Central Government and the members shall be chosen in such manner as may be prescribed: Provided that each Advisory Committee shall include an equal number of members representating the Government, the cine-workers and the producers.
(3) The Chairman of each Advisory Committee shall be appointed by the Central Government.
(4) The Central Government shall publish in the Official Gazette the names of the members of every Advisory Committee.
SECTION 06: CENTRAL ADVISORY COMMITTEES
(1) The Central Government may constitute a Central Advisory Committee to co-ordinate the work of the Advisory Committees constituted under section 5-and to advise the Central Government on any matter arising out of the administration of this Act.
(2) The Central Advisory Committee shall consist of5[such number of members as may be appointed] by the Central Government and the members shall be chosen in such manner as may be prescribed: Provided that the Central Advisory Committee shall include at least three members representing the Government, the cine-workers and the producers.
(3) The Chairman of the Central Advisory Committee shall be appointed by the Central
Government.
(4) The Central Government shall publish in the Official Gazette the names of the members of the Central Advisory Committee.
SECTION 07: POWER TO CO OPT., ETC
(1) An Advisory Committee or the Central Advisory Committee may, at any time and for such period as it thinks fit, co-opt any person or persons to the Advisory Committee.
(2) A person co-opted under sub-section (1) shall exercise all the powers and functions of a member under this Act but shall not be entitled to vote.
(3) An Advisory Committee or the Central Advisory Committee may, if it considers it necessary or expedient so to do, invite any person to attend its meeting and when such person attends any meeting, he shall not be entitled to vote thereat.
SECTION 08: APPOINTMENT OF WELFARE COMMISSIONERS ETC., AND THEIR POWERS
(1) The Central Government may appoint as many Welfare Commissioners, Welfare Administrator, Inspectors and such other officers and staff as it thinks necessary for the purposes of this Act andthe Cine-workers Welfare Cess Act, 1981.
(2) The Central Government may, by general or special order, direct a Welfare Commissioner to appoint such staff as is considered necessary for the purposes of this Act andthe Cine-workers Welfare Cess Act, 1981.
(3) Every person appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
(4) Any Welfare Commissioner may,-
(a) with such assistance, if any, as he may think fit, enter, at any reasonable time, any place which he considers it necessary to enter for carrying out the purposes of this Act andthe Cine-workers Welfare Cess Act, 1981.
(b) do within such place anything necessary for the proper discharge of his duties; and
(c) exercise such other powers as may be prescribed,
SECTION 09: ANNUAL REPORT OF ACTIVITIES FINANCED UNDER THIS ACT
The Central Government shall, as soon as may be, after the end of each financial year, cause to be published in the Official Gazette, a report giving an account of the activities financed under this Act during the financial year, together with a statement of accounts.
SECTION 10: POWER TO CALL FOR INFORMATION
The Central Government may require a producer to furnish, for the purposes of this Act, such satisfied and other information in such form and within such period as may be prescribed.
SECTION 11: POWER TO MAKE RULES
6 (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the manner in which the Fund may be applied for the measurers and facilities specified in sub-section (1) of section 4-;
(b) the conditions governing the grant of any loan under clause (b) of sub-section (1) of section 4-;
(c) the composition of the Advisory Committees and the Central Advisory Committee constituted under section 5-and6-respectively, the manner in which the members thereof shall be chosen, the term of office of such members, the allowances, if any, payable to them, and the manner in which the Advisory Committees and the Central Advisory Committee shall conduct their business,
(d) the recruitment, conditions of service and the duties of all persons appointed under section 8-;
(e) the powers that may be exercised by a Welfare Commissioner, a Welfare Administrator and an Inspector appointed under section 8-;
(f) the furnishing to the Central Government by a producer of such statistical and other information as may be required to be furnished under section 10 -,
(g) the form in which and the period within which the statistical and other information are to be furnished under clause (f),
(h) any other manner which has to be, or may be, prescribed by roles under this Act.
(3) In making any rule under clause (f) or clause (g) of sub-section (2), the Central Government may direct that a breach thereof shall be punishable with fine which may extend to two thousand rupees,
(4) Every rule made under this section 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 or the session immediately following the session or the successive session aforesaid, both Houses agree in making any modification in the rules 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.
1. 1-11-1984- Gaz. of Ind., 12-10-1984, Pt. II, S. 3(i), Ext., p. 1 (No. 405).
3. In Section 2, clause (b), sub-clause (ii), shall be substituted, by Cine-workers Welfare Fund (Amendment) Act, 2001. (56 of 2001), Received the assent of the President on December 13, 2001 and published in the Gazette of India. Extra.. Part II. Section 1.
4. Inserted by the Cine-workers Welfare Fund (Amendment) Act (26 of 1987), S. 3 (10-8-1988).
5. Substituted for the words "eleven members appointed" by the Cine-workers Welfare Fund (Amendment) Act (26 of l987), S. 4 (10-8-1988).
6. For the Cine-Workers Welfare Fund Rules, 1984- See Gaz. of Ind., 12-8-1984,. Pi. II, S.3(i), Ext., p. 18 (No. 405).
CINE WORKERS WELFARE FUND RULES, 1984
G.S.R. 722 (E), dated 12th October, 1984
1- In exercise of the powers conferred bySec. 11 of the Cine Workers Welfare Fund Act, 1981 (33 of 1981), the Central Government hereby makes the following rules namely :
CHAPTER 01: General
RULE 01: SHORT TITLE AND COMMENCEMENT
- (1)These rules may be called the Cine Workers Welfare Fund Rules, 1984.
(2) They shall come into force on 1st day of November, 1984.
RULE 02: DEFINITION
-In these rules, unless the context otherwise requires,-
(1) "Act" means the Cine-Workers Welfare Fund Act. 1981 (33 of 1981) ;
(2) "Advisory Committee" means an Advisory Committee constituted underSec. 5of the Act;
(3) "Central Advisory Committee" means a Central Advisory Committee constituted underSec. 6of the Act;
(4) "Chairman" means the Chairman of an Advisory Committee or the Central Advisory
Committee as the case may be;
(5) "Commissioner" means a Welfare Commissioner appointed by the Central Government underSec. 8for any State or States concerned;
(6) "form" means from in Sch. V;
(7) "member" means a member of an Advisory Committee or the Central Advisory Committee, as the case may be;
(8) "Schedule" means a Schedule appended to these rules;
(9) "section" means a section of the Act;
(10) "treasury" means any Government Treasury or Sub-treasury;
(11) "family" includes the husband/wife of the cine-workers wholly dependent children or legally adopted children and parents who are mainly dependent on the cine-worker;
(12) "dependent" means any of the following relatives of a deceased cine-worker, namely:
(i) a widow, a minor legitimate son, an unmarried legitimate daughter, or a widowed mother; and
(ii) if wholly dependent on the earnings of the cine-worker at the time of his death a son or a daughter who has attained the age of 18 years and who is infirm;
(iii) if wholly or in part dependent on the earnings of the cine -worker at the time of his death-
(a) a widower,
(b) parents,
(c) a minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or illegitimate,
(d) a minor brother or unmarried sister,
(e) a widowed daughter-in -law,
(f) a minor child of a pre-deceased son,
(g) a minor child of a pre-deceased daughter where no parent of the child is alive, or
(h) a paternal agrand-parent if no parent of the cine -worker is alive.
CHAPTER 02: CENTRAL ADVISORY COMMITTEE/ADVISORY COMMITTEES AND SUB COMMITTEES
RULE 03: COMPOSITION
- (1)
(a) The Central Advisory Committee constituted underSec. 6shall consist of the following persons to be appointed by the Central Government, namely:
2[(i) Chairman.
(ii) An officer to be nominated by the Central Government who shall be the Vice - Chairman.
(iii) Two officers of the Central Government to be nominated by the Government.
(iv) Welfare Commissioners.
(v) Such number of persons to represent the producers as are equal .to the aggregate of those provided in sub-clauses (ii), (iii) and (iv) to be appointed after consultation with such organisations, if any of the producers as may be recognised by the Central Government in this behalf.
(vi) Such number of persons of whom one shall be a woman to represent the Cine- Workers as are equal to the aggregate of those provided in sub-clauses (ii), (iii) and (iv) to be appointed after consultation with such organisations, if any, of the persons, so employed as may be recognised by the Central Government in this behalf.]
3[(vii) Three persons of whom one shall be a woman to represent the cine-workers to be appointed after consultation with such organisations, if any, of the cine - workers as may be recognised by the Central Government in this behalf.]
(b) An officer of the Central Government shall be appointed by that Government as Secretary of the Central Advisory Committee and shall be entitled to attend and take part in the meetings of the Committee but shall not be entitled to vote.
(2)
(a) Each Advisory Committee constituted underSec. 5shall consist of the following persons to be appointed by the Central Government, namely :
(i) the Chairman;
(ii) the Commissioner or Commissioners having jurisdiction in the State or States for which Advisory Committee is constituted, who shall be Vice- Chairman, ex-officio: Provided that where more than one Commissioner is appointed to the Committee, the Central Government may appoint any one of them to be the Vice-Chairman;
(iii) one representative of the Central Government ;
(iv) one representative each of the concerned State Government or States Government as the case may be, ex -officio ;
(v) such number of persons to represent the producers as are equal to the aggregate of those provided in sub-clauses (ii), (iii) and (iv) to be appointed after consultation with the organisations of the producers, if any, as may be recognised by the Central Government, in this behalf;
(vi) such number of persons to represent the cine-workers as are equal to the aggregate of those provided in sub-clauses (ii), (iii) and (iv) to be appointedafter consultation with such organisations if any of the persons so employed as may be recognised by the Central Government in this behalf;
(vii) a woman, if no woman has been appointed under sub-clause (v) or sub -clause (vi).
(b) An officer of the cine -workers welfare organisation/welfare Department concerned shall be appointed as the Secretary of the Advisory Committee and the Secretary so appointed shall be entitled to attend and take part in the meetings of the Committee but shall not be entitled to vote.
RULE 04: TERM OF OFFICE OF MEMBERS
- (1)
(a) A member (other than an ex-officio member) shall, unless he resigns office or dies or otherwise vacates his office at an earlier date, hold office for a period not exceeding three years as may be specified by the Central Government in each case while making the appointment from the date of publication in the official Gazette of the notification appointing him as member of the Advisory Committee or the Central Advisory Committee as the case may be, and shall be eligible for re-appointment: Provided that an outgoing member shall continue in office until the appointment of his successor is notified in the official Gazette.
(b) An ex-officio member shall hold office during the pleasure of the Central Government.
(2) A member appointed to fill a casual vacancy shall hold office as long as the member whose place he fills would have been entitled to hold office if the vacancy had not occurred.
(3) If a member is unable to attend a meeting of the Central Advisory Committee or the Advisory Committee, then, the case of a member appointed under sub-clause (v) or sub-clause (vi) or Cl. (a) of sub-rule (1) ofrule 3or under sub-clause (v) or sub-clause (vi) of Cl. (a) of sub-rule (2) of that rule, the body which is represented by him in the Central Advisory Committee or the Advisory Committee as the case may be, may by notice in writing signed on its behalf and by the said member addressed to the Chairman of the Committee depute, and in other cases the Central Government may nominate a substitute in his place to attend the meeting and such deputed or nominated member shall have all the right of a member in respect of that meeting.
RULE 05: RESIGNATION
- (1) The Chairman of an Advisory Committee may resign his office by writing under his hand address to the Central Government.
(2) A non-official member (other than the Chairman) of an Advisory Committee may resign his office by writing under his hand addressed to the Chairman.
(3) The resignation shall take effect from the date of its acceptance or on the expiry of thirty days from the date of its receipt by the Chairman or, as the case may be, by the Central Government, whichever is earlier.
RULE 06: ABSENCE FROM INDIA
- (1) Before a non-official member leaves India, he shall intimate to the Chairman the date of his departure from and the date of his expected return to India, and if he intends to be absent from India for a period longer than six months, he shall tender his resignation.
(2) If any such member leaves India without intimation as required under sub-rule (1) he shall be deemed to have resigned with effect from the date of his departure from India.
RULE 07: VACATION OF OFFICE
-The Central Government shall remove a non-official member if he,-
(a) becomes of unsound mind or, is declared insolvent; or
(b) has been convicted for an offence, which, in the opinion of the Central Government, involves moral turpitude ; or
(c) is absent from three consecutive meetings of the Advisory Committee or the Central Advisory Committee, as the case may be, without leave of absence from the Chairman ; or
(d) has in the opinion of the Central Government, ceases to represent the interest by virtue of which he was appointed.
RULE 08: ALLOWANCES PAYABLE TO MEMBERS
-A non-official member including a non-official co-opted member or invitees shall be entitled to receive travelling allowance and daily allowance as per the orders issued by the Central Government from time to time in his behalf.]
CHAPTER 03: PROCEDURE RELATING TO MEETINGS
POWERS OF ADVISORY COMMITTEES
RULE 09: DISPOSAL OF BUSINESS
- (1) Ev
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