Cine-Workers Welfare Fund Rules, 1984

Cine-Workers Welfare Fund Rules, 1984

Published vide G.S.R. 722, published in the Gazette of India, Ext., Pt., II, Section 3(i), dated 12.10.1984.

In exercise of the powers conferred by section 11 of the Cine-Workers Welfare Fund Act, 1981 (33 of 1981), the Central Government hereby makes the following rules namely:-

CHAPTER I

General

1. 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.

2. 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 under section 5 of the Act;

(3) "Central Advisory Committee" means a Central Advisory Committee constituted under section 6 of 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 under section 8 for any State or States concerned;

(6) "form" means form in Schedule 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 a grandparent if no parent of the Cine-Worker is alive.

CHAPTER II

Central Advisory Committee/advisory Committees And Sub-Committees

3. Composition .-(1)(a) The Central Advisory Committee constituted under section 6 shall consist of the following persons to be appointed by the Central Government, namely:-

[(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 to 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;

(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 under section 5 shall 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 Governments 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 appointed after 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.

4. 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) of clause (a) of sub-rule (1) of rule 3 or under sub-clause (v) or sub-clause (vi) of clause (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 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.

5. Resignation .-(1) The Chairman of an Advisory Committee may resign his office by writing under his hand addressed 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.

6. 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 this 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.

7. 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.

[8. 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 this behalf.]

CHAPTER III

Procedure Relating To Meetings

9. Disposal of business .-(1) Every question which an Advisory Committee or the Central Advisory Committee is required to take into consideration shall be considered either at a meeting or, if the Chairman so directs, by sending the necessary papers to every member for opinion:

Provided that the papers are sent to the members by registered post with acknowledgment due and with the request that the views of the members should reach the office of the Advisory Committee or the Central Advisory Committee, as the case may be, within a period of fifteen days from the date of issue of the papers. Provided further that the papers will not be sent to a member who is absent from India.

(2) When a question is referred to the members for opinion by sending papers, any member may request that the question be considered at a meeting and thereupon the Chairman shall direct that it be so considered.

(3) If a member of an Advisory Committee or the Central Advisory Committee, requests the Chairman to refer any matter to the Committee, the Chairman shall refer that matter to it accordingly.

10. Time, place and date of meeting .-An Advisory Committee or the Central Advisory Committee shall meet at such place and on such date and at such time as may be appointed by the Chairman.

11. Notice of meetings and list of business .-(1) Notice shall be given to every member present in India of the time and place fixed for each ordinary meeting at least fifteen days before such meeting and every member shall be furnished with a list of business to be considered at the meeting.

(2) (a) An emergency meeting of an Advisory Committee or the Central Advisory Committee may be called by the Chairman thereof to discuss matters on which a decision had to be taken immediately.

(b) Notice shall be given either by registered post or by telegram or in person to every member present in India, of the place, time and date of an emergency meeting at least four days before such meeting and every member shall be furnished with a list of business to be considered at the meeting.

(3) No business which is not included in the list shall be considered at a meeting without the permission of the Chairman.

12. Presiding at meeting .-The Chairman shall preside at every meeting at which he is present and in his absence Vice-Chairman shall preside.

13. Quorum .-No business shall be transacted at a meeting (whether it be an ordinary or emergency meeting) of an Advisory Committee or the Central Advisory Committee unless at least one third of the total number of members of the Advisory Committee of the Central Advisory Committee, as the case may be, having the right to vote are present and at least one of the member so present is the Chairman or the Vice-Chairman:

Provided that if at any meeting less than one third of the total number of members are present the Chairman or in the absence of Chairman, the Vice-Chairman may adjourn the meeting to a date not less than seven days and no more than thirty days from the date of the meeting.

14. Recommendation by majority .-(1) Every question at a meeting of the Advisory Committee or the Central Advisory Committee shall be decided by a majority of votes of the members present and voting on that question, but the minority shall in all cases have the right of requiring their dissent to be noted.

(2) Every question referred to the members for opinion shall, unless the Chairman in pursuance of sub-rule (2) of rule 9 reserves it for consideration at a meeting, be decided in accordance with the opinion of the majority of members recording opinion within a period of fortnight.

(3) In the case of an equal division of votes or opinion the Chairman shall have casting vote whether the matter is considered at the meeting of the Central Advisory Committee or the Advisory Committee or by sending the papers for the opinion of members.

15. Minutes of meetings .-The proceedings of each meeting of an Advisory Committee or the Central Advisory Committee shall be circulated to all members present in India, as soon as may be after the meeting and shall be read out and confirmed at the next meeting of the Committee, and shall be signed by the Chairman or as the case may be, the Vice-Chairman presiding at such next meeting and shall thereafter be recorded in a minute book which shall be kept for permanent record.

16. Headquarters of an Advisory Committee or the Central Advisory Committee .-The headquarters of the Central Advisory Committee shall be in New Delhi and the headquarters of an Advisory Committee shall be at such place or places as may be fixed by the Central Government from time to time.

17. Executive of an Advisory Committee .-(1) The Commissioner shall be the Chief Executive of an Advisory Committee and exercise the executive functions of the Committee on its behalf.

(2) The Secretary of an Advisory Committee shall carry out routine duties and shall exercise such powers and discharge such duties as the Commissioner may, with the approval of the Central Government delegate to him.

18. Staff powers of the Commissioner .-The Commissioner may authorise the staff of the advisory Committee to give assistance to any member of an Advisory Committee or of a sub-Committee of the Advisory Committee or to any other authority exercising executive or advisory functions in connection with the Act.

[19. Scheme of expenditure .-(1) The Welfare Commissioner shall have power, subject to the provisions in the sanctioned budget, to incur expenditure on administrative staff and Welfare Schemes, provided that, he shall have no power to sanction any scheme if it involves expenditure exceeding Rs. 50,000 non-recurring and Rs. 5,000 recurring a year.

(2) The Welfare Commissioner may sanction, without reference to the Advisory Committee expenditure on contingencies, supplies and services and purchases of articles required for the smooth and efficient running of the organisation under him subject to financial provision in the sanctioned budget and to the condition that the expenditure on any single object or service shall not exceed Rs. 2,000 non-recurring and Rs. 400 recurring.]

POWERS OF ADVISORY COMMITTEES

20. Budget .-(1) The annual budget as prepared by the Commissioner in consultation with the Finance sub-Committee shall be considered by the Advisory Committee concerned each year and thereafter a copy of the Budget as approved by the Advisory Committee, shall be forwarded not later than 1st day of October each year for sanction to the Central Government which may make such alternations therein as it consider necessary before its sanction.

(2) The budget to be forwarded to the Central Government shall be accompanied by detailed self-contained notes explaining new schemes included therein.

21. Other matters to be considered by an Advisory Committee .-An Advisory Committee shall consider the budget and any other matter that may be laid before it by the Commission with the permission of the Chairman.

22. Committee to be informed of expenditure .-A memorandum setting forth any grant made or expenditure incurred since the last meeting shall be laid at each meeting of an Advisory Committee.

23. Finance sub-Committee .-(1) An Advisory Committee shall elect from among its members two persons of whom one shall be a person to represent producers and the other to represent the Cine-Workers to constitute a Finance sub-Committee of which the Commissioner shall be a Chairman.

(2) An Advisory Committee may at any time co-opt a person or persons to the Finance Sub-Committee and any person so co-opted shall exercise all the powers and functions of a member of the Finance sub-Committee but shall not be entitled to vote and shall not solely by reason of being so co-opted be a member of the Advisory Committee.

(3) Notice of every meeting of the Finance sub-Committee shall be sent to the Chairman of the Advisory Committee shall who may attend such meeting if he so desires and if he does so attend, he shall, notwithstanding anything contained in sub-rule (1), preside at the meeting and shall be entitled to vote.

24. Duties of the Finance sub-Committee .-The duties of the Finance sub-Committee shall be to frame schemes of expenditure, to advise on the budget drawn up by the executive of the Advisory Committee and on the accounts of the Advisory Committee and also in regard to all expenditure. [* * *].

25. Other sub-Committees .-An Advisory Committee may as and when considered necessary constitute from its members as many sub-Committees as it may deem necessary for considering and reporting on such matters as may be specifically assigned to it.

26. Meeting of the sub-Committees .-The meetings and proceedings of the Finance sub-Committee and any other sub-Committees which may be constituted under rule 25 shall be governed by the provisions herein contained for regulating the meeting and proceedings of an Advisory Committee in so far as the same are applicable.

27. Grants .-(1) The Central Government while making a grant to a State Government, a local authority the producer in aid of any scheme approved by the Central Government for the purposes of the Act, may impose conditions necessary for ensuring-

(a) that the work for which the grant made promptly executed and the money is actually utilised for the purpose for which it is granted;

(b) that the data on which the grant is calculated are in accordance with facts;

(c) that any particulars which the Central Government may from time to time require for the proper discharge of its responsibilities are promptly supplied;

(d) that all necessary facilities for inspection are accorded to persons duly authorised by the Central Government for the purpose of satisfying itself that the provisions of clause (a) are complied with or for checking the correctness of any particulars supplied under clause (c) or for the collection of any such particulars;

(e) that proper accounts of the money granted are kept and are submitted for audit by such persons as the Central Government may authorise in this behalf;

(f) that an additional statement of accounts together with a certificate of a registered Accountant or other recognised body of auditors to the effect that the accounts are correct, is furnished by the grantees; and

(g) that the labour employed on regular basis and those employed on contract basis are given similar welfare facilities.

(2) Before making a grant to a State Government, a local authority, or the producer, the Central Government shall require such State Government, local authority or producer to execute a bond for the fulfilment of the conditions imposed by the Central Government under sub-rule (1).

(3) It shall be the condition of every bond executed under sub-rule (2) that in the event of the State Government, local authority or producer violating any condition imposed under sub-rule (1) such State Government local authority or producer shall be liable to refund the entire grant alongwith simple interest at the rate of twelve per cent per annum and, where the amount of the grant and interest is huge, refund may be allowed in two or three instalments.

28. Standard of dispensary or hospital services .-(1) The standard of dispensary service to be provided by producers for the purpose of getting the grant-in-aid envisaged in clause (c) of sub-section (1) of section 4 of the Act shall be as specified in Schedule II hereinafter in this rule and in rules 29 and 30 referred to as the prescribed standard.

(2) There shall be maintained an independent dispensary or hospital at each studio according to the prescribed standard:

Provided that a common main dispensary may be maintained for several studios with branch dispensaries attached to each studio subject to the following conditions, namely:-

(i) the common main dispensary shall maintain the standards prescribed for the aggregate number of Cine-Workers of all studios served by it;

(ii) every branch dispensary shall have a qualified doctor and a qualified pharmacist (compounder);

(iii) the common main dispensary shall be so situated that none of the studios served by it is more than fifteen kilometres away from it; and

(iv) the common main dispensary shall maintain an ambulance van for taking serious cases of injury and sickness from the branch dispensaries to the common main dispensary.

(3) The Commissioner may, if he is satisfied that any dispensary or hospital is being efficiently run and served the purpose for which it is established, waive any of the requirements specified in the prescribed standard:

Provided that no such dispensary or hospital shall contain any room other than a store room which is less than four metres by three metres in area:

Provided further that a registered medical practitioner may be appointed to be incharge of dispensary catering to more than 250 workers, only if he has ten years, experience as medical officer in independent charge of a dispensary.

29. Inspection .-The dispensary services maintained by producers shall be inspected at intervals not exceeding one year by such medical or other officer as may be authorised by the Commissioner for the purpose or by the Commissioner himself whenever he considers it necessary and the inspecting officer or the Commissioner as the case may be, shall, if the dispensary conforms to the prescribed standard issue a certificate in Form A which shall be valid for a period of one year from the date of issue.

30. Submission of periodic returns .-Every producer who maintains a dispensary service according to the prescribed standard shall submit to the Commissioner,-

(i) in January and July of each year, a statement showing the total number of persons employed by him in the production of films during the preceding year and;

(ii) in January of each year, a certified statement of expenditure incurred on the dispensary, during the preceding twelve months.

31. Standard of maternity centre .-(1) The standard of maternity centre to be provided by producers for the purpose of getting the grants-in-aid envisaged in clause (c) of sub-section (1) of section 4 of the Act shall be as specified in Schedule III, hereinafter in this rule and in rules 32, 33 and 34 referred to as the prescribed standard.

(2) There shall be maintained an independent maternity centre at each studio according to the prescribed standard:

Provided that a common main maternity centre may be maintained for several studios with branch maternity centre attached to each studio subject to the following conditions, namely:-

(i) the common main maternity centres shall maintain prescribed standard for the aggregate number of workers of all the studios served by it;

(ii) every branch maternity centre shall have a qualified doctor and a qualified compounder;

(iii) the common main maternity centre shall be situated that none of the studios served by it are more than fifteen kilometres away from it; and

(iv) the common maternity centre shall maintain an ambulance van for taking serious cases from the branch maternity centres to the common maternity centre.

(3) The Commissioner may, if he is satisfied that a maternity centre is being efficiently run and serves the purpose for which it is established, waive any of the requirements specified in the prescribed standard:

Provided that the functions of a lady health visitor may be performed by a fully qualified and registered mid-wife who has not less than ten years, experience as a mid-wife:

Provided further that a lady medical licentiate may be appointed to be incharge of maternity centre catering to more than 1,000 Cine-Workers if she has ten years' experience as a medical officer in independent charge of a maternity centre.

32. Inspection .-The maternity centre maintained by producers shall be inspected at intervals not exceeding one year by such medical or other officer as may be authorised by the Commissioner for the purpose or by the Commissioner himself whenever he considers it necessary and the inspecting officers or the Commissioner, as the case may be, shall, if the centre conforms to the prescribed standard, issue a certificate in Form B which shall be valid for a period of one year from the date of issue.

33. Submission of periodic returns .-Every producer who maintains maternity centre according to the prescribed standard shall submit to the Commissioner in January of each year a certified statement of the expenditure incurred on the maternity centre during the preceding twelve months.

34. Extent of grant-in-aid .-Every producer who maintains a dispensary or a maternity centre for the benefit of Cine-Workers which conforms to the prescribed standard under rule 28 or 31 as the case may be, and is subject to inspection under rule 29 or 32, as the case may be if he desires, to carry on improvement on the facilities existing be eligible for such grant-in-aid in respect of non-recurring expenditure on such improvement as the Commissioner may decide with the approval of the Central Advisory Committee, subject to the condition that it shall not exceed 50% of the said expenditure or Rs. 10,000 whichever is less.

35. Standard of facilities for education and recreation .-(1) The standard of facilities for education and recreation of Cine-Workers to be provided by producers for the purpose of getting grant-in-aid as envisaged in clause (c) of sub-section (1) of section 4 of the Act shall be as specified in Schedule IV hereinafter in this rule and in rules 36, 37 and 38 referred to as the prescribed standard.

(2) There shall be maintained an independent welfare centre at each studio according to the prescribed standard.

(3) The Commissioner may, if he is satisfied that the centre is being efficiently maintained and serves the purpose for which it is established, waive any of the requirements specified in the prescribed standard.

36. Inspection .-The welfare centre maintained by producers shall be inspected at intervals not exceeding one year by such officer as may be authorised by the Commissioner for the purpose or by the Commissioner himself whenever he considers it necessary and the inspecting officer or the Commissioner, as the case may be, shall, if the centre conforms to the prescribed standards, issue a certificate in Form C which shall be valid for a period of one year from the date of issue.

37. Submission of periodic returns .-Every producer who maintains a welfare centre according to the prescribed standard shall submit to the Commissioner,-

(i) immediately on the establishment of the welfare centre, adequate proof to the satisfaction of the Commissioner showing the capital expenditure incurred on the construction and equipment of the welfare centre;

(ii) in January, each year a certified statement of the expenditure incurred on the welfare during the preceding twelve months:

Provided that the statement shall not include expenditure if any incurred on repairs and replacements.

38. Extent of grant-in-aid .-Every producer who maintains a welfare centre for the benefit of the Cine-Workers employed in his establishment which conforms to the prescribed standard under rule 35 and is subject to inspection under rule 36 be eligible to a grant-in-aid in respect of non-recurring expenditure which shall not exceed 50% of the amount spent by the owner of the establishment in the construction and equipment of the welfare centre subject to the maximum of Rs. 5,000.

[39. Assistance in the form of grant to indigent Cine-Workers .-The Welfare Commissioner may sanction the payment of grant, to a Cine-Worker who becomes totally disabled due to accident while on duty or to a member of his family or to a dependent in case the Cine-Worker dies or becomes totally disabled due to accident while on duty, subject to a maximum of Rs. 5,000.]

40. (1) The Commissioner, with the approval of the Central Advisory Committee may sanction the payment of a loan to any Cine-Worker subject to a maximum of Rs. 5,000 for one or more the following purposes, namely:-

(a) to pay expenses in connection with the illness or confinement of the Cine-Worker and members of his family or any person actually dependent on him;

(b) to meet the cost of higher education of the Cine-Worker and members of his family or any actually dependent on him;

(c) to pay obligatory expenses on a scale appropriate to the Cine-Workers status which by customary usage the Cine-Worker has to incur in connection with the betrothal or marriages, funerals or other ceremonies;

(d) building or acquiring a suitable house for his residence including the cost of site.

(2) In the event of sanction of a loan the Cine-Worker has to execute a bond in Form E before receiving payment and shall be liable to pay simple interest at the rate of 9.5% per annum. The entire loan including interest thereon, should be repaid within a period of five years from the date in which the loan is sanctioned.

MISCELLANEOUS

41. Statistics and other information .-(1) Every producer shall maintain such registers as the Central Government may specify and shall also furnish such statistics and other information as that Government or any person so authorised may, by written order, require for the purposes of the Act, in Form D and within such time (being not less than thirty days from the date on which the order is served on the person concerned), and in such manner, as may be specified in the order.

(2)(a) The Commissioner may require the executive authority of any local body such as Municipality, District Board, Panchayat Boards, Block Development Units in any State or Union Territory to prepare a register of Cine-Worker residing within the jurisdiction of that authority.

(b) The registers referred to in clause (a) shall contain the following particulars relating to the Cine-Worker in the area under the jurisdiction of the local authority:-

1. Name

2. Age

3. Sex

4. Address

5. Place of work

6. Distance of place of work, from their residence.

7. Name of person or establishment by whom employed.

8. Name of the Trade work holder.

(c) Officers deputed by the Commissioner shall be accorded all necessary facilities by the owners and local authorities to collect statistics or other information from the register referred to in clause (a) for the purposes of the Act.

(3) Any producer who, without reasonable excuse fails to furnish the statistics or other information required under sub-rule (1) or furnishes statistics or other information containing a statement, entry or detail which is not to the best of his knowledge or belief true or any executive authority enumerated under sub-rule (2) who without reasonable excuse, fails to prepare a register as required under the sub-rule shall be punishable with fine which may extend to Rs. 2,000.

[42. Identity Card .-Every producer shall issue to every Cine-Worker an identity card as prescribed in Form F, on which a photograph of the Cine-Worker would also be affixed. In case the bona fides of a Cine-Worker is challenged, the competent authority defined in clause (d) of section 2 of the Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 (50 of 1981), shall enquire into the matter and decide the same.]

SCHEDULE I

TRAVELLING AND DAILY ALLOWANCES

(See rule 81)

A. NON-OFFICIALS OTHER THAN MEMBERS OF PARLIAMENT AND STATE LEGISLATURES

(A) Travelling Allowance:

1. Journey by rail. - Normally, a member should travel by first class by rail and in respect of such journeys, he shall be entitled to first class rail-fare.

Provided that the Central Government may allow a member to travel by air conditioned coach, where this concession is, in the opinion of the Central Government, justified by fulfilment of one or more of the following conditions, namely:-

(a) the member concerned is required to travel in air conditioned accommodation on grounds of health or because of very advanced age or infirmity;

(b) the member is or immediately before he retired from employment was entitled to travel in air conditioned coach under the rules of the organisation to which he belongs or might have belonged immediately before retirement;

(c) the Central Government is satisfied that travel by air-conditioned is the customary mode of travel by non-official member concerned in respect of journeys connected with the performances of Government duty.

2. Journey by road. - (i) In respect of journeys by road between places not connected by rail, a member shall be entitled to road mileage at 60 paise per kilometre for travel in own car or full taxi or 20 paise per kilometre for travel on motor cycle or scooter.

(ii) Where journey between two places by rail is performed by road, he shall be entitled to the prescribed road mileage limited to first class fare by rail:

Provided that, where in an individual case the Central Government is satisfied that the journey by road was performed in public interest, full road mileage allowance may be allowed without restricting it to rail fair.

3. Journey by sea or by river steamer. - In respect of journeys by sea or by river steamer, a member shall be entitled to one fare at the lowest rate (exclusive of diet) of the highest class of accommodation.

4. Journey by air.-(a) Air travel shall not be permitted as a matter of course and each case will be examined on merits by the Central Government and permission for air-travel granted only if it can be certified that air-travel is urgent and necessary in public interest. Travel shall be by economy class in such a case.

(B) Daily Allowance

Daily allowance for the entire absence from headquarters will be regulated as follows:-

(1) Full daily allowance may be granted for each completed calender day of absence from headquarters reckoned from mid-night.

(2) For absence from the headquarters for less than twenty-four hours, the daily allowance will be admissible at the following rates:-

(i) if the absence from the headquarters does not exceed six hours, 30% of the full daily allowance;

(ii) if the absence from the headquarters exceeds six hours but not exceed twelve hours, 50% of the full daily allowance;

(iii) if the absence from the headquarters exceeds, twelve hours, full daily allowance shall be paid.

(3) In case the period of absence from headquarters fall on two calendar days, it is reckoned as two days and daily allowance shall be calculated for each as above and daily allowance for days of departure from and arrival at headquarters will also be regulated in the manner specified above.

(4) The rates of daily allowance will be as follows:

(A) When the member avails of Goverrunent or public sector guest house facilities or makes his own arrangement.

(B) When the member stays in hotel or other establishments providing board or lodging or both at scheduled tariffs

(5) Whenever the claim for daily allowance is preferred with reference to the rates at (B) above, it shall be accompanied by a certificate in the following terms and the vouchers in support of the stay in the hotel or establishment be annexed to Travelling allowance claim.

CERTIFICATE

"Certified that I stayed from ...................................................................................................................................................................................................

(Date)

to ...............................................................................................................................at ...........................................................................................................

(Date) (Name of Hostel/Establishment)

at.....................which provided board/lodging at Scheduled Tariffs".

(Name of Place)

If he is provided with free board and lodging he shall draw only 1/4th of the daily allowance for the day or days. If he is provided with only free boarding, he will draw 1/2 daily allowance for that (these) day(s). If he is provided with only free lodging he shall draw 3/4 daily allowance for that (those) day(s).

(6) For the time spent on journey, only ordinary rate of allowance as in the Table at (A) above shall be admissible.

(7) When the total absence from headquarters is partly spent in journeys in ordinary locality and partly in expensive locality, the total number of daily allowances, above will first be calculated. From this the number of daily allowance for being in expensive locality, for which daily allowance from at special rate will be allowed, will be deducted. The remaining number of daily allowance will then be calculated at ordinary rates prescribed in column 1 of the Table at (A) above.

The allowances under this rule shall be admissible only on production of a certificate by the members concerned to the effect that they have not claimed or drawn travelling or daily allowances in respect of the journeys and halts from any other source.

B. MEMBERS OF PARLIAMENT

(A) Travelling Allowance

(1) In respect of journeys performed by rail, road, air and steamer, a member of Parliament will be entitled to travelling allowance on the same scale as is admissible to him under section 4 of the Salaries and Allowance of Members of Parliament Act, 1954 (30 of 1954).

(2) A member of Parliament will ordinarily travel by rail utilising the free first class rail pass issued to him. He may also travel by air at his discretion. Air travel should not, however, be resorted to as a matter of course and in exercising his discretion, the member should take into account factors like urgency or work, distance to be travelled, time at his disposal, etc., and where two classes of accommodation, i.e., first and economy (tourist) class accommodation are available on the air-lines, a Member of Parliament may travel by first class.

(B) Daily Allowance

(1) He shall be entitled for each day of the meeting, daily allowance at the rate of Rs. 51.

(2) In addition to the daily allowance for the day(s) of the meeting, a member shall also be entitled to full daily allowance for the day preceding and/or the day following the meeting if-

(i) he arrives in the forenoon of the day preceding the day of the meeting of an earlier day, or

(ii) he departs at 12 noon or in the afternoon of the day following the day of the meeting or on a later day:

Provided that he will be entitled to only half daily allowance for the day preceding or for the day following the meeting if:

(i) he arrives at 12 noon or in the afternoon of the day of the meeting, and/or

(ii) he departs in the forenoon of the day following the day of the meeting.

C. MEMBERS OF THE STATE LEGISLATURES

The travelling allowance and daily allowance payable to members of the State Legislatures shall be the same as admissible to them under the rules regulating the travelling allowance and daily allowance payable for attending the meetings of the State Legislature or any committees thereof.

Note. - The travelling and daily allowance shall be admissible only on production of a certificate by the members concerned to the effect that they have not claimed or drawn travelling or daily allowance in respect of the journey and halts from any other source.

SCHEDULE II

STANDARD OF DISPENSARY SERVICES

(See rule 28)

I. BUILDING

1. Dispensary catering for 1,000 workers or less-Three rooms to be used as follows:-

(i) consulting rooms (5 metres x 4 metres)

(ii) dressing room (5 metres x 4 metres)

(iii) dispensary and store room (5 metres x 4 metres) covered waiting accommodation-15 square metres, two latrines (flush type) each 2 metres x 3 metres.

2. Dispensary catering for 1,001 to 2,000 workers-Six rooms to be used as follows:-

(i) consulting room for males (5 metres x 4 metres)

(ii) consulting room for females (5 metres x 4 metres)

(iii) minor operation room (5 metres x 4 metres)

(iv) dispensary room (5 metres x 4 metres)

(v) laboratory room (15 to 18 square metres)

(vi) store room (5 metres x 4 metres)

Covered waiting accommodation 20 square metres, two latrines (flush type) each (2 metres x 3 metres)

3. Dispensary catering for 2,001 workers or more-Nine rooms to be used as follows:-

(i) consulting room for males (5 metres x 4 metres)

(ii) consulting room for females (5 metres x 4 metres)

(iii) minor operation room (5 metres x 4 metres)

(iv) dispensary room (5 metres x 4 metres)

(v) laboratory room (15 to 18 square metres)

(vi) dressing room (3 metres x 3 metres)

(vii) dark room (3 metres x 3 metres)

(viii) store room (5 metres x 4 metres)

(ix) registration and record office room (16 square metres) covered waiting accommodation-25 square metres, three latrines (flush type) each (2 metres x 3 metres)

Each dispensary shall provide emergency beds for treatment of simple and emergency cases at the rate of one bed for every 250 workers subject to a minimum of two beds, one for males and one for females. For this purpose separate rooms shall be provided for males and females. The rooms shall have air space of 18 cubic metres per bed and door and window space not less than one-third of the floor space with varandah 2.5 metres wide along the front of the room.

Producers employing Cine-Workers who have no provision for emergency beds on the lines mentioned above at their dispensaries at the commencement of the Cine-Workers Welfare Fund Rules, 1984 may within a period of three years from such commencement provide for such beds. Those producers, who fail to provide emergency beds within such period shall not be entitled to any subsidy thereafter even if they may be otherwise qualified for it.

II. STAFF

III. LIST OF DRUGS, SURGICAL EQUIPMENTS, DRESSINGS, ETC., FOR DISPENSARY

A. DRUGSTABLE END

1. Acid Acetic

2. Acid Boric

3. Acid Carbolic

4. Acid Salicylic

5. Acua Distillate

6. Ammon Carb

7. Aspirin

8. Acriflavin or other anti-septic dye

9. Benedict's solution

10. Calcium lactate

11. Copper sulphate

12. Galamina Preparate

13. Cod Liver Oil

14. Ephedrine Hydrocholor (1/2 gr. tab.)

15. Ether

16. Esct. Glycrr. liq.

17. Ferri Sulph

18. Ferriet ammoni citras

19. Glucose

20. Glycerine

21. Gum Acacia

23. Hydrarg oxide flava

24. Ethyol

25. Kaoline

26. Lint saponis

27. Liq. Ammon acetate

28. Liq. Plumbi suacatrs fort

29. Lysol

30. Mag. Oxide Powder or Mag Trisillicate

31. Mag. Sulph

32. Monthol

33. Multi vitamin tab

34. Oil Ricini

35. Oil menthipin

36. Oil olive or Oil of arachis

37. Paludrine tabs

38. Phano Barbitone

39. Pot. Bromide

40. Pot. Citrate

41. Pot. Iodide

42. Pot. Permanganate

43. Protargol or Argyrol

44. Puly. Ipecas co.

45. Puly. Quinine sulph

46. Sodi Sicarb

47. Sodi Salicylate

48. Spt. Ammon Aromate

49. Sodi Choloride

50. Spt. Mothyl.

51. Spt. Rect.

52. Sulphaulamide or Sulphadizine tablets

53. Sulphaguanidine

54. Sulphalinamide powder

55. Tab. Digzone or Pill Digitalis co. B.P.C.

56. Tabs Laxativ Co. B.P.C.

57. Tetraclorethylene

58. Tinct. Balladonna

59. Tinct. Benoin Co.

60. Tinct. Oppl camphorata.

61. Tinct. Card Co.

62. Tinct. Hyescyamus

63. Tinct. Iodine

64. Ung. Sulphuric B.P.C.

65. Vaseline

66. Vin Lpecac or tinct/or/liq.

67. Zine Oxide

68. Adrenalin Hydrochloride Liquor (100)

69. Coramine Nikethmide

70. Ema tine Hydrocholor (amp or tab)

71.Gr.1

72. Gr. 1/2

73. Injection Quinine Gt. 10

74. Percaune Hydrochlo or Novocian 2% amp.

75. Serum Anti-venom

76. Serum Tatanus anti-toxin 1500 units

77. Soluseptasine or other injectable sulphamide

78. Tab Atropine (1/100gr.)

79. Tab Morphine (1/60 mg.)

80. Penicillin 100,000 unit ampoules or 4,00,000 unit ampoules.

81. Streptomycine.

82. 90. P.A.S.

83. Isonicotinic Acid Mydrazide

84. Introdex.

85. Dextrose and sodium chloride injection U.S.P. intransfusion bottles.

86. Distilled water ampoules.

87. Liquid paraffin.

88. Vinegarse

89. Tenamus Toxiod.

90. Inj Decadron

91. Inj. Avil Life Saving drugs

92. Tetracycline Cap.

93. Choloremphanicol Cap.

94. Cholorostrop Cap. Broad spectrum antibite

(Chloremycatine Cap. Medicines generally required

95. Vit. B. Complex tab.

96. Inj. Vit. B. 12

B. DRESSING

SCHEDULE III

STANDARD OF MATERNITY CENTRES

(See rule 31)

III. LIST OF DRUGS, SURGICAL EQUIPMENTS, DRESSING, ETC., FOR MATERNITY CENTRES

A. DRUGS

1. Acid Acetic

2. Acid Boric

3. Acid Carbolic

4. Acid Salicyclic

5. Aqua Distillate

6. Ammon Carb

7. Aspirin

8. Acriflavin or other anti-septic dye

9. Benedict's,solution

10. Calcium lactate

11. Copper sulphate

12. Calamina Preparate

13. Code Liver Oil

14. Ephedrine Hydrochlor (1/2 gr. tab.)

15. Ether

16. Esct. Glyerr. Liq.

17. Ferri Sulph.

18. Ferriot Ammoni citras

19. Glucose

20. Glycerine

21. Gum acacia

22. Kaoline

23. Hydrargammoniate

24. Liq. Ammon Acetate

25. Liq. Plumb subacotas fort

26. Lysol

27. Mag. Oxide powder or Mag. Trisillicate

28. Mag. Sulph.

29. Multi-vitamin tab.

30. Oil Ricini

31. Oil Math pip

32. Oil Olive or Oil of arachis

33. Paluarine tabs

34. Phano barbitons

35. Pot. Bromide

36. Pot. Citrate

37. Pot. Iodide

38. Pot. Permanganate

39. Protargol or Argyrol

40. Puly. Ipecas co.

41. Pulv. Quinine sulph.

42. Sodi Piearg

43. Sodi Salicylate

44. Spt. Ammon Aromat

45. Apt Methyl

46. Spt. Rect.

47. Sulphanilamide or Sulphadiazine tablets

48. Sulphaguanidine

49. Sulphanilamide powder

50. Tab. Liogoxin or Pill Digitalis Co. B.P.C.

51. Tab. Laxative Co. B.P.C.

52. Tinct. Balladonna

53. Inct. Monoin Co.

54. Tinct. Opil Camphorata

55. Tinct. Card Co.

56. Tinct. Hyeseyamus

57. Tinct. Iodine

58. Ung. Sulphuris B.P.C.

59. Vaseline

60. Vin Ipecasor tinct. or liq.

61. Zine Oxide

62. Andrenalin Hydrochoride Liquor (11,000)

63. Acramine or Nikethmide

64. Emetine Hydrochlor (amp or tab.)

65. Gr. I

66. Gr.1/2

67. Injection Quinine Gr. 10

68. Peracine Hyderochlor or Novacian 2% amp.

69. Serus Tetanus anti-toxin 1,500 units.

70. Seluseptasine or other injectable sulphamide

71. Tab. Atropine (1/100 gr.)

72. Tab. Morphine

73. Pencillin 1,00,000 unit ampoules or 4,00,000 unit amps.

74. Straptomycine

75. 90 P.A.S.

76. Isonicotinic Acid Hydrazide

77. Ext. Ergot Liquid

78. Drashui Capsules or Neegynergin

79. Lovelive ampoules

80. Introdex

81. Dextrose and sodium chloride injection U.S.P. in transfusion bottles.

82. Distilled water ampules.

83. Liquid paraffin.

84. Vinegars.

85. Tetanus taxod.

Note:- The actual quantities of the above-mentioned items to be stocked shall be such as are found necessary in the light of the day-to-day working of the maternity centres, provided that provision for drugs shall be made at each centre at least at the rate of 50 paise per annum per worker attached to the maternity centre.

Note :- In the case of dressings, medical and surgical equipments, other centre equipments and furniture, a 50% increase in the number shown for 2,000 workers shall be made for every additional 1,000 workers.

SCHEDULE IV

STANDARD OF FACILITIES FOR EDUCATION AND RECREATION WELFARE CENTRE

(See rule 35)

WELFARE CENTRE

SCHEDULE V

FORM A

(See rule 29)

CERTIFICATE OF INSPECTION

Inspection report of..........................Dispensary at........................................by the ...................................................for the year ........................... ending ......................... 20...............

1. Name of establishment (including factory)/contractor, engaged in the production of films, served by dispensary.

2. Number of workers for which it caters.

3. Date and hour of inspection.

4. Date of last inspection.

5. Dispensary buildings.

(a) Condition of dispensary building

(b) Does the accommodation provided conform to the prescribed standard

6. Medicines-

(a) Is the supply sufficient and according to the prescribed scale?

(b) Are the poisons labelled and kept separately under lock and key?

7. Surgical instruments and equipment-Are they sufficient and in good order?

8. Staff acquittance rolls-Are they in order and up-to-date?

9. Registers and returns-Are these properly kept and regularly submitted?

10. Establishment-

(a) Officer-in-charge-

(i) Part-time/whole-time

(ii) Name and qualifications

(b) Designation and pay of staff-

(i) Medical graduate

(ii) Medical licentiate

(iii) Lady Doctor

(iv) Nurse

(v) Compounder

(vi) Auxiliary Nurse Midwife

(vii) Male Dresser

(viii) Female Dresser

(ix) Sweeper

(x) Chowkidar

(xi) Peon

(c) Attendance register-

Do the staff attend regularly?

11. Annual expenditure on-

(a) Establishment

(b) Medicines

12. Out-patients-

(a) Number seen at the time of visit.

(b) Total number of new patients treated in current year up-to-date.

(c) Total number of old patients treated in current year up-to-date.

(d) Total treated during the last year.

(e) Do the entries on tickets of patients present tally with the entries on the registers?

(f) Are there are arrangements for treating women apart from men?

13. Are you satisfied with the working of the dispensary?

If not, what suggestions can be made for its improvement?

I certify that I have inspected the dispensary noted above and that it conforms/does not conform in the following respects to the standards laid down in the Cine-Workers Welfare Fund Rules, 1984.

....................................................

Signature of Inspecting Officer

Date........................................

Counter-signature of Commissioner

Date........................................

Note. - The counter-signature of the Commissioner is not necessary when the Commissioner himself is the inspecting authority.

FORM B

(See rule 32)

CERTIFICATE OF INSPECTION

Inspection report of the Maternity Centre at ......................by the.......................for the year ......................ending................ 20................

1. Name of establishment (including factory contractor) engaged in the production of films served by the Maternity Centre.

2. Number of workers for which it caters.

3. Date and hour of inspection.

4. Date of last inspection.

5. Maternity Centre Buildings-

(a) Condition of Maternity Centre Buildings.

(b) Does the accommodation provided conform to the prescribed standard?

6. Medicines-

(a) Is the supply sufficient and according to the prescribed scale?

(b) Are the poisons labelled and kept separately under lock and key?

7. Surgical instruments and equipments-

Are they sufficient and in good order?

8. Staff acquittance rolls-Are they in order and up-to-date?

9. Registers and returns-Are these properly kept and regularly submitted?

10. Establishments-

(a) Officer-in-charge-

(i) Part-time/whole-time

(ii) Name and qualifications

(b) Designation and pay of staff

(i) Medical graduate

(ii) Medical licentiate

(iii) Lady Doctor

(iv) Compounder

(v) Nurse

(vi) Midwife

(vii) Ayah

(viii) Sweeper

(ix) Ward attendant

(x) Cook

(c) Attendance register-Do the staff attend regularly?

11. Annual expenditure on-

(a) Establishment

(b) Medicines

12. Out-patients-

(a) Number seen at the time of visit.

(b) Total number of new patients treated in current year up-to-date.

(c) Total number of old patients treated in current year up-to-date.

(d) Total treated during the last year.

(e) Do the entries on tickets of patients present tally with the entries on the register?

13. Are you satisfied with the working of the Maternity Centre? If not, what suggestion can you make for its improvement?

I certify that I have inspected the Maternity Centre noted above and that conforms/does not conform in the following respects to the standards laid down in the Cine-Workers Welfare Fund Rules, 1984.

Signature of the Inspecting Officer

Date..............................................

Counter-signature of Commissioner with date.

Note. - The counter-signature of the Commissioner is not necessary when the Commissioner himself is the inspecting authority.

FORM C

(See rule 36)

CERTIFICATE OF INSPECTION OF THE WELFARE

Inspection report of the Welfare Centre at..........by the ...........for the year...........ending ........20.......

1. Name of establishment (including factory) contractor engaged in the production of films served by the Centre.

2. Number of workers for which it caters.

3. Date and hour of inspection.

4. Date of last inspection.

5. Centre Building-

(a) Condition of the building.

(b) Does the accommodation provided conform to the prescribed standard?

6. Equipment-

(a) Are the equipments provided according tot he prescribed standard?

(b) Is timely repairs/replacements done where necessary?

(c) Are the equipments all in serviceable condition?

7. Establishment-

(a) Officer-in-charge

(i) Part-time/whole-time

(ii) Name and qualifications

(b) Designation and pay of staff-

(i) Adult Education Instructor

(ii) Sevika

(iii) Sweeper.

(c) Attendance register - Do the staff attend regularly?

8. Annual expenditure

(a) Establishment

(b) Repairs and replacement of equipments

9. Activities-

(a) Total number of rolls attending the centre.

(b) Number seen at the time of inspection.

(c) Number of adults attending literacy classes.

(d) Number of women attending craft classes.

(e) Number of adults participating in games and sports.

10. Are you satisfied with the working of the Centre?

If not, what suggestions can be made for its improvement?

I certify that I have inspected the Welfare Centre noted above and that conforms/it does not conform in the following respects to the standards laid down in the Cine-Workers Welfare Fund Rules, 1984.

..................................................

Signature of Inspecting Officer

Date..........................................

Counter-signature of Commissioner with date

Note. - The counter-signature of the Commissioner is not necessary when the Commissioner himself is the inspecting authority.

FORM D

(See rule 41)

STATISTICS AND OTHER INFORMATION

1. Name of factory/establishment or contractor engaged in the production of films.

2. Location and full postal address of factory/establishment/contractor.

3. Name of the employers of the factory/establishment/contractor.

4. Number of films produced during the period.............to..........

5. Number of persons employed by the employers/contractors in factories/establishments during the period from.............to...........

6. Details of welfare facilities provided by the employers of the factory/establishment or contractor to persons employed by him.

(a) Housing

(b) Medical

(c)Water supply

(d) Recreation

(e) Any other activities.

7. Quantum of cess paid by the employer of the factory establishment or contractor under the Cine-Worker Welfare Fund Rules, 1984 during the period from ................20.........to............20..........

8. Any other information considered necessary regarding employment wages, welfare facilities allowed to the workers.

Certified that the above particulars are true to the best of my knowledge and belief and are based on the records maintained in my establishment/factory.

No.

Date and place

Employer

FORM E

(See rule 40)

SURETY BOND

Know all men by these present that I .............son of Shri..................a resident of .....................in the District of.............................at present employed as a .......................in the...............................(hereinafter called "the Surety" am held and firmly bond upto the President of India (hereinafter called "the Government" which expression shall include his successors and assings) in the sum of Rs ...........................(rupee......................only) to be paid to the Government for which payment to be well and truly made. I hereby bind myself my heirs, executors, administrators and representatives firmly by these presents. As witness my hand this day of .........................one thousand nine hundred and ............................

Whereas ............................son of Shri................................a resident of..................................in the District of .................................................at present employed as............................in the .............................(hereinafter called "the borrower) has; at his own request has been granted by the Government an advance of Rs ............................(Rupees....................only) for ..........................

And whereas the borrower has undertaken to repay the said amount in ............................equal monthly instalments and whereas in consideration of Government has agreed to execute the above bond with such condition as hereunder written.

Now the condition of this obligation is such that if the said borrower shall, while employed in the said ......................duly and regularly pay or cause to be paid to the Government the amount of the aforesaid advance owing to the Government by instalments until the said sum of Rs ......................(rupees..................only) shall be duly paid then this bond shall be void, otherwise the same shall be and remain in full force and virtue. But so nevertheless that if the borrower shall die or become insolvent or at any time cease to be a cine-worker the whole or so much of the said principle sum of Rs .................................................. (rupees ...........................only) as shall then remain unpaid shall immediately become due and payable to the Government and be recoverable from the surety in one instalment by virtue of this bond.

This obligation undertaken by the surety shall not be discharged or in any way affected by an extention of time or any indulgence granted by the Government to the said borrower.

The Government have agreed to bear the stamp duty if any, for this document.

Signed and delivered by the

said .............................

at this ..........................

......................................

Signature of the surety

Name.............................

Designation......................

Office to which attached

In the presence of:

1 ......................................

[FORM F]

(See rule 42)

IDENTITY CARD

..........................................................

Signature of employer/competent authority