THE CINE-WORKERS AND CINEMA THEATRE WORKERS (REGULATION OF EMPLOYMENT) ACT, 1981
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THE CINE-WORKERS AND CINEMA THEATRE WORKERS (REGULATION OF EMPLOYMENT) ACT, 1981
Title : THE CINE-WORKERS AND CINEMA THEATRE WORKERS (REGULATION OF EMPLOYMENT) ACT, 1981
Year : 1981
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.
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
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).
(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.
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.
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:
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.
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:
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.
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.
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
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.
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
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. 6
(3) In this section," High
Court" means the High Court within the local limits of whose
jurisdiction, the headquarters of the Tribunal is situated.
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.
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.
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
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
(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
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.
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.
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.
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.
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