The Cine-Workers Welfare Fund Act, 1981 (Act No. 33 of 1981) was enacted by the Indian Parliament for the purpose of financing promotional activities in relation to the Welfare of the certain Cine- Workers. The present worker welfare enactment is a piece of the Central Government legislations, which was provided for the formation of Funds for the welfare provisions of the Cine- Workers and it was provided along with the another enactment being ‘the Cine- Workers Welfare Cess Act, 1981 (Act no. 30 of 1981)’ which requires imposition and collection of duty of excise from the producer of the feature films, which here will be utilized under this present Act. It can be pointed that both the enactment are enacted on the same year on the inter-connected subject. The present Act was enacted by the Indian Parliament on 32nd year of the republic of India, and the same has received the assent from the President of India on 17th day of September, 1981. The entire territories of India have been made subjected to the provisions of this Act, as per its extension clause. And on 1st day of November, 1984 as per the Notification of the Central Government which was published in the Official Gazette, the provisions of this enactment were brought into operation. The provisions of the Act are divided into similar important eleven sections. And the provisions were amended by the different amending Acts like Act of 1987 and Act of 2001.
Under preliminary provisions, the Act provides for short titling of the Act, its extension and about date of commencement as aforesaid, and also certain definition for the terms which are used in the subsequent provisions thereof. The Act sought to extend the benefits to the Cine- workers and the term is defined as the workers who are either employed or under a contract of employment if have served for at least 5 productions of featured films as an artiste or any performed any skilled, unskilled, manual, etc. works and have received remuneration not more than Rs. 1600 Per month’s wages and if such remuneration was paid to those workers in the form of lump sum amount then Rs. 8000. Till May, 2012 the Cine- Workers who were covered under the Act and were extended benefit thereunder, were from the class of those who were received monthly remuneration of not below than Rs 8,000 or who were drawing a lump sum remuneration not more than exceeding Rs 1,00,000.
The Act its provision sought to have formed a Fund with the name as ‘Cine-workers Welfare Fund’ and to which the portion of amounts received from the proceeds of the excise duty collected under the provisions of the Cine-workers Welfare Cess Act, 1981, as the Central Government will decided after the due appropriation made by the Law passed by the Parliament in this behalf, will be credited. Such amounts will be paid after the deduction of cost of Collection of such excise duty as the Central Government will determine under this Act. Moreover, grants made by the Central Government to the Fund, donated monies for the purposes of this Act and incomes from any investments will also be credited to the Fund constituted under this Act.
The purposes for which, the amount kept as Fund under this Act, will be utilized are enlisted under section 4 of the Act, where basically it is required from the Central Government to apply the Funds for the purpose of meeting the expenses incurred for adopting measures and facilities in order to promote the Cine- Workers’ welfare. The list of objects for which such Fund can be utilized is including the purpose of defraying cost of Cine- Workers’ welfare measures or facilities as per decisions of the Central Government, for providing assistance like, loans, grants, etc. to the indigent cine-workers, for sanctioning any money for aiding any welfare schemes for the Cine- Workers, for meeting allowances of the Members from the Advisory Committees, etc. The list is inclusive.
The Act also makes provisions as to constitution of the Advisory Committees by the Central Government for advising that Government on the matters of the administration of this Act, on the reference made by that Government. Such matter on which the Advisory Committees are required to advise also includes the matters of the applicability of the Fund formed under the Act. Also there are provisions as to constitution of the Central Advisory Committee by the Central Government for co-ordinating the work of the aforesaid Advisory Committees. Similarly, the Central Government is also empowered to appoint the Welfare Commissioners, Welfare Administrators, Inspectors and other necessary Officers and Staffs. And these officers and authorities are treated here in this Act as the public servants within the meaning of the provision of the Indian Penal Code, 1860. The Central Government is provided with the responsibility to publish the report of accountability of the financial activities under this Act for every financial years.
Besides, all aforementioned powers of the Central Government, the Act also empowered it in relation to requiring the producers to furnish prescribed any statistical and other information. Also, the rule making powers are provided under this Act with the Central Government. And such rules to be provided by that Government for the purpose of carrying out the provision of this Act and also on the matters enumerated in the relevant provision thereof.
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