 ~)1 - 8 hay 1!8j bill no 72 of issi --• 7 ~  'the cine-workers welfare fund bill, 1981 a billto provide jor 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:-1 (1) this act may be called the cine-workers welfare fund act, 1981  {z) it extends tc the whole of india 5 ,(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 37 of 1952 10 short title, extent and commencement 2 in this act, unless the context otherwise requires,-deflnl-- --(0) "cinematograph film" has the same meaning as in the c'inetions matograph act, 1952; (b) "cine-worker" means an individual-(0 who has been employed, directly or through any contractor or in any other manner, in or in connection with the 15 20 proc\uctio~ of not less than five feature films to work as an artiste (including actor, musician or dancer) or to 'do any work, skilled, unskilled, manual, su/?ervisory, technical, artistic or otherwise; and (ii) whose remuneration with respect to such employment in or in connection with the production of each of any five feature fllids, has not exceeded, where such remuneration has been by  way of monthly wages, a sum of one thousand rupees per month, and where euch remuneration has been by way of a lump sum, a sum of five thousand rupees; !  \)\:~:) "(c) "feature film" means a full length cinematograph film produced wholly or partly in india with a format and a story woven arounn a number of characters where the plot is revealed mainly through dialogues and not wholly through narration, animation or cartoon depiction and does not include an advertisement film; 5 (d) "f'und" means the cine-workers welfare fund formed under section 3; (e) "prescribecl" means prescribed by rules made under this i\ct; i (1) ''qroducer'' in relation to a feature film, means the person 10 by whom arrangements necessary for the making of such film (including the!! raising of fin::nce and engaging cine-workers for such film-making) are undertaken 3 there shall be formen a fund to be called the cine-workers welfare fund, and there shall be credited thereto-15 cineworkers welfare fund (a) such amoun'ts as the central government may, rlfter due appropriatiod 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 20 this ad;  (b) any grtlflts made to the fund by the central governmen~; any money received as donations for the purposes of this (c') i\ct; (d) any income from investment of the amounts in the fund 25 application of fund 4 (1) the fund shall be applied by the central government to meet the f' xpenditure incurred in connection with measures and facilities which, in tho 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 30 benefit of cine-workers as may be decided by the central government; (ib) to provide assistance in the form of grants or loans to indigent cine-workers; (c) to sanctioll any money in aid of any scheme for the welfare of the cine-workers which is approved by the central government; s~ (d) to meet the allowances, if any, of the memben ai the advisory  committees and the central advisory committee contituted under sections 5 ar 6 respectively and the salaries and allowances, if any, of persons appointed under section 8; - " (e) any oth~r expenditu\"e which the central gol'ei'ilnit!nt may 40 direct to be defrayed from the fund (2) the central government shall have power to decide whether any particular expenditure is or is not debitable to the fund, and its decision shall be final 5 (1) the central govemment may constitute as many advisory com- 45 mitten as it thiaks fit to advise the central govel'ddlent on such matters arising out of the administration of this act as may be refened to it by that government includinj[ matters reiatinr to the ad_atiod rtf the fund (8) eech advisory committee shall cciiosist of such number of persons as may be appointed to it by the central goverdment and' the mf-mbcrs shall-be chosen in such manner as may be prescribed: - provided that each advisory committee shall include an equal num-5 ber of ' members representing the government, the cine-workers and the producers (3) the chairmrn of each advisory committee shall be appointed by the central government (4) the central government shall publish in the official gazette the 10 nqmes of the members of every advisory committee central advisory committee 6 (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 art 15 (2) the central arivisory committee shall consist of eleven membet's appointed by the central government and the members shall be chosen in such manner as may be prescribed: provided that the central arivisory committee shall 'inclurle at least three members representing the government, the cine-workers and the 20 producers (3) the chairman of the central advisory committee shall be appointed bv the central government (4) the central government shall publish in the official gazette the names of the members of the central advisory committee 25 '1 (1) i\n af1vi"ory cnmmittpe 01" flp {"~,tral ftdvisorv con'lmittee mav at any time and fo  such nembd as it thinks fit, co-opt any llerson or persons to the advisory committee power to co-opt, etc (2) a person cc-opterl und<'r sub-sertion (1) ~hall exercise all the powers and functions of a member under this art but shall not he 30 entitled to vote (3) an advisory committee or the central advisorv committee may if it considers it necessary or expedient so to do, invite any person to attend its meeting and when surh person flttends anv meeting, he shall not be entitlerl t(' vote thereat 35 8 (1) the central nov-rnment mav anpoint a~ mal1v wf"lfare commi"ion~r"l w  lfar  admin,"tplltop'i jnsnpctl\r'l and '1urh otj,el' om  rs and staff as it thinks necessary for the purposes or this ad and the cine-wo-kers we!fare cess act, 1981 (2) tit  centrri government may hv ~eneral o· "me  ial opder dired a 40 welfare commi~'oner to "ppoint such staff as is  i)nside  d np~es~ary for the purposes of this ad and the cine-workers welfat'e cess act, 1981 45 of 1860 appoint_ ment of welfare commissioners, etc, and their powers '(3) 'every person aopoin~d under this section sftau,be deemed to be a public servant within the meaning of section 21 of the indian penal code i 45 (4) any welfare commissioner may,-(0) 'with' such assistl'ln('e, if anv a~ he mav think flt enter at any ~asonable time anv u1ace which he consirters it nel"essarv to e'ltpr for·'cat'm'inq out the purpospr of this act and the cine-workers we!lfate ces~' 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 9 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 5 giving an account of the activities financed under this act during tht!! financial year, together with a statement of acc<yuilts 1>0 the central government may require a producer to furnish, for the purposes of this act, such statistical and other information in such form and within such period as may be prescribed 10 11 (1) the central government may, by notification in the offioial gazette, make rules for carrying out the provisions of this act annual report of activities financed under the act power to call for intorma-j tion power to make rules (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 [5 measures and facilities specified in su~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 sections 5 and 6 respec- lzo tively, 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 cond\lct their business; (d) the:' recruitment, conditions of service and the duties of all lz5 persons appointed under section 8; i (e) the powers that may be exercised by a welfare commissioner, a welfare administrator and an inspector appointec1 under section 8;  (f) the furnishing to the central government by a producer of 30 !iluch statistical and other information as may be required to be ~ furnished under section 10; i (g) the fonn in which and the period within which the statistical and other information are to be furnished under clause (i>; (h) any other matter which has to be, or may be, pre,scribed 35 bv rules under this act (3) in making any rule under clause (f) or clause '(q) of sub-section -(2), the central government may direct that a breach thereot shall be punishable with fine which mav extend to two thouqand rupees, (4) every rule made under this section shall be laid, as soon as may 40 be after it is made, before each house of parliament, while it is in se~"fon" for ii total period of thirty days which mav be comprised in one session or in two ('r more successive sessions, and if, before the expiry of the session immediately followinll the session or the successive sessions aforemid both houses ajn'ee in maldnll any modification in the rule or 45 both houses agree that the rule should not be made, the rule shall thereafter have effect only in sueh modified form or be of no effect, as the case mav be; s6, however, that anv such modification or annulment shah be without prejudice to the validity of anything previously done undfl'l" that rul" ' 1  '- --',--, ~ ~  statement of objects and reasonswelfllre measur€'s' to· meet the needs of indigent cine-artistes are not av'tdla:ble cine-artistes, like artistes in other performing arts, wither owing to changes in styles and trends and due to ageing there are c88es 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 hardsl,ip and for taking up related welfare measures 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 vlelf,re ces9 bill, 1001 after deducting the cost of co11eclion, would be credited to the proposed fund provision has also been made in th~ 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 clawle 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 :1 the bill is intended to achieve the above objects n e'\' delhi; the 30th april, 1981 vasa nt sathe  president's recommendation under article 117 of the constitution of india[copy of letter no ~/3/74-fpc vol iv, dated the 30th april, 1981 from shri vasant sathe, minister of information and broadcasting to the secretary, lok sabha] the president having been infonned of the subject-matter of the cine-workers welfare fund bill, 1981 here"v recommends under article 117 (3) of the constitution, the consideration by lok sabha of the said bill •   financial memorandumunder clause 3 of the bill, an amount equivalent to the ~ of the duty of excise collected under the cine-workers welfa1le cess bill, 19fh (reriuced by the cost of collectioil) shall, after due approprjatic'n made by parliament by law, be cl'edited to a fund, to be called the "cine-workers welfare fund" 2 clause 4 of the bill specifies the purposes for which the money from the cine-workers welfare fund can be spent clause 5 provides for the constitution of advisory committees, clause 6 provides for the constitution of a central advisory committee to co-ordinate the work of the advisory committees and clause 8 provides for the appointment of welfare commissioners, welfare administrators, inspectorlc; and such other officers and stfff for the purposes of this bill and the cine-workers welfare cess bill, 1981 allowances have to be paid to the members of the advisory committees and the central advisory committee, including co-opted members and special invitees and salaries and allowances have to be paid to the welfare commissioners, welfare administrators, lnspectors and other officers ~nd staff appointed under clause '8 it is estimated that the expenditure is not likely to exceed rs 1'25 lills per annum, being approximately 16 per cent of the total anticipated cess which has been estimated to be of the otder of rs 7:5 lakhs 3 the bill doef; not involve any other expenditure whether of a recurring or non-recurring nature  memorandum r£garding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the provisions of the proposed legislation the matters in respect of which such rules may be made are specified in that clause they, inter alia, relate to the manner in which the fund may be applied for the meas'ures and facilities specified in clause 4 of the bill, the conditions goventing the grant" of any loan from the fund, the compo:>ition of the advisory committees and the central advisory committee constituted under the provisions of the bill, the tenn of office of the members of such committees, the recruitment, conditions of service and the duties of a welfare commissioner, welfare administrator and inspectors appointed under the provisions of the legislation and certain other matters the matters with respect to which rules may be made are matters of procedure or detail 2 the delegation of legislative power is, therefore, of a normal character a bill to provide for the financing of activities to promote the welfare of certain cine-workers 