 bill no 71 of 1981 the cine-workers welfare cess bill, 1981;  a bill --to prodde for the levy and collection of a cess on feature films for tm 1inanring of activities to promote the welfare of certain cine-worker atld for matters connected therewith ~r incidental thereto be it enacted by parliament in the thirty-second year of the republlc of india as follows:-i: i: 1 (1) this act may be called the cjn~-workcrl welfare c  act, 1981 ! " (2) it extends to the whole of india 5 , (3) it shall come into force on such date as the central government short title, extent and com mence-  ment m~y, by notiftcntlon in the omcia! gazette; appoint dednitiodi 2 in this act, unless the context ot~erwile requires,-: (a) ''cinemntograph film" has th~ same meaning as in the cinematograph act, 1952; 3,7 of leu 10 i (ll) 'i'fcaturc film" means a fun length cinematograph film produced wholl)' or partly in india with 0 'format and ii story woven ", ' ~round a numher of characters where the plot is revealt'd mainly through dialol!'ues and not wholly through narration, animation or cartoon df'plctlon pnd df)('s 110t tnc'lurle cu, advcrtb('ment fllm; r, (c) "prescribed" mel", pre8crl~ by rules made \ulder th  act 3 (1) with cffect from such datc as the central government may, by notification in the officiul gazette, opi,oint there mholl bo levied and collected u~ ii ce~h fflr tho iultl10;('14 of tho cine-work,·f" welluf" fund ad, imh, u duty of excise ut tho rllte of one thomlllnd rui'l~ell on cv,~ry fcuture film c(~rtified for puhlic exhibition under section 5a of tho cinomatolcrnph act, 1952 t2) the duty of excise levied under sub-section (1) shall be in addition to any cess or duty leviable on cinematograph films under any other law for the time b(:ing in force 4 the duty of excise l~vied under section 3 on any feature film shall 10 be payable to the c cntral government by the producer of such fum within a petiod of one month from the date of inotice of demand issurd i by that government for such payment ! - payment of duty of excise i 1 5 the proceeds or the duty of exci~e levied iunder section 3 hall be credited to the consolidated fund of india i' 15 cre41ting proce~ i :\tyto consou-dated fund of india power of ~entral government to exempt i i i 6 notwithstanding anything contained in ihis act, if the central government, having regard to the content of a rcpture film, its technical quality and other factors, is of opinion that it i is necc'ssary so to do, it may, by notification in the official gazette and ~ubject to such terms and conditions as may be specified in the said no~fication, exempted such 20 feature film from all or any of the provisions ~f this act i 7 if any duty (if excise pnyable by the producer of a feature film i to the central government unrlcr section 4 is nut ipaid to that government within the period !lpccjfied thereunder, it shall be deemed to be in arrears nnd the aulhority prescribed in this behalf may, after such 25 inquiry nr it deems fit: impose on the producer, a penalty not exceeding fiffy rupcer for every month during which the duty of exciso is in , llrrct\rs: , i  plnalty fljr rionpayment of duty of excise within the prcscrlb-c!d period provided thnt hdore impn~inr :my ruch p(!onlty, hlich prnrillrrr "hnll be hlven 8 f(,iisoiwblu opportunity ur being hcurd nnd, it oltt'r ruch 30 hearing the said authority is satisfied th:lt the default was for nny good and sufficient reason, no penalty shall be imposed under thill section recovery of amounts duo 8 any amount due unde'r this act (lncbding the }'x'nnlty, ft any, payable under section 7) from any producer of a feature fllm may be recovered by the central government in the same mnnnqr tl8 an arrear 3' ' ot land ruvcnuc  ~~er~~otoctlonof aetion taken p no suit, prosf'cuuon or othl'r ]egn] proceeding shall lie agalnat the central government or any officer or other employee ot tho central government for anything which is in good faitp done or intended to be done under this act or the rules made thereunder ; , i in lood i-- 'jith 10 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act power tc to make mel (2) in particular and without prejudice to the generality of the foregoing power, such rules may prov~de for-s (a) the assessme~t and collc:ction of the duty of excise under section 3,·  i i (b) the a,tthority which may impo5c any peualty under section 7' , (c) any other matter which is required to be, or may be, pres-10 cribed : (3) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it iii in ges~ioll, for a total period oc thirty days which may bo ('omprised in one session or in two or more successivc 'sessions, and if, before the expiry 1,5 of the session immediately following the session or the successive seso;ions aforesaid, both houses am-ee in mnkin;:r :my modification in the rule or both houses llf!rce th:lt the rule should not be made, the rule shru thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or 20 annulment shall be without prejudice fct the validity of anything pr~ vlously done under that rule  statement of objects and reasonsl~ine artistes, like artistes in other performing arts, wither owing to changes in style and trends or due to ageing  there are cases where great artistes, who once enthralled the populajce with their creative talents, have fallen into utt~r poverty and dist~ess in order to provide essic;tance in cases of extreme hardship, it is : proposed to establish a welfare fund for this purpose, it is proposed to levy as a cess, a duty of excise at the rate of one thousand rupees on; every fe:ltur~ film c€ rtitied for public exhibition under section 5a of l the cinematograph act, l!)52 tile chjty of excise to be levi,~ shall ~ in odclluon to any eea or duty leviable on ~ cinematograph films under any other law for the time> being in force·~ i the 3~;s to achieve the above object"} new deun; the lstma'll, 1981 vasan'l' sathe  phesident's recommendation under article 117 of the cosntitution of indialcopy of letter no 3/3/74-fpc vol iv, dated the 30th aqril, 1981 from shri vasant sathe, minister of information and broadcasting to the secretary lok sabha] the president having been informed of th~ subject matter of the cine workers weuare cess bill, 1981 hereby recommends unrler article 117 (1) and (3) of the constitution, the introduction in and consideration by lok sabha of the said bill  clause 3 of the bill provides for the l~vy and collection of a welfare cess as a duty of excise at the ratc of one thoufmnd rupees on every featur~ film certified for public exhibition under sectjon 5a of the cinematograph act, 1952 clause 10 (2) (a) of the bill provides lor the asscil8-mcnt un,l collection oc such duty of excisq and undt!r lhla prllvihion, rule wlil be mude to provide, inter aha for the machinery lor tho uii8ciismcnt and cullection of the cess for this purpose, it will be nccest ary to provide a skeleton machinery at the fum centrel where the regional omcn of tho dollret cit jo1hm conhorll arc loc'otod the expenditure on account of such machinery is not likely to exceed rupees forty thousand per annum [in this connection, it may be mentioned that the total collection of cess with reference to the number of feature films produ'ced is estimated to be of the order of ri 750 lakhs, per annum] the bill does not involve any other expenditure whether of a recurring or don-recurring nature i  memorandum regarding delegated legislationclanse lei ~f the bi114!'mpowers the c~tr'l govct'nrnent tc> make rules for carrying out the provisions of the proposed legislatfon the rnllttets in tespeet of which such rules may be made relnte to the dsst!sml~t and col1cctiun oif the duty of cxci!le, the authority which may impose! any pen-ajty in eases where the cess payable is in arrears and any other matter which is reqtlircd to be ar may be prescribed by rulh uncle-to the legislation the matters wfth tc!spcct 'to which rules may be tmt'je 'are matters of proeedure 'or t\etail 2 the delegation of legislative power, is, therefore, of a normal ~ : ,  " i ,": ',l, ')"1 , i 