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Bare acts > Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Rules, 1984 > Form A
 
  


 

(See Rule 3)

An Agreement between Film Producer and Cine Worker

This agreement is made on this ................. of ........................ 19 ....................... between Messers
................... having office at ........................ (a sole proprietary concern/a firm registered under the Partnership Act, 1931/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/16mm/70mm gauge/Cinemascope, in colour /black and white :

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 form 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 inconsideration of the Cine-Workers’ 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 installments.


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 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 hours’ 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 a 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 traveling 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 organizations.


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 I 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 amount 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 titled 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 service 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 Cineworker 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

 

 

 

 

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