The Cine-workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
The Cine-workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981
Introduction
The Cine-workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 is a social welfare legislation enacted by the Indian Parliament. It regulates the conditions of employment and service of workers engaged in cinema production (cine-workers) and those employed in cinema theatres (cinema theatre workers).
The Act was passed recognizing the need for protecting the interests of workers in the film industry, who are often employed on casual or temporary basis with little job security or social security benefits. The Act aims to regulate employment terms and conditions to promote the welfare and rights of such workers.
Objectives of the Act
To regulate the employment, working conditions, and welfare of cine-workers and cinema theatre workers.
To ensure fair employment practices and avoid exploitation of workers.
To provide for the establishment of welfare boards to look after the interests of these workers.
To regulate payment of wages, employment terms, and social security benefits.
To create mechanisms for grievance redressal and dispute resolution.
Key Definitions (Section 2)
Cine-worker: Any person engaged in the production or processing of cinematograph films including artists, technicians, and other related personnel.
Cinema Theatre Worker: Any person employed in a cinema theatre, including ticket sellers, ushers, projectionists, cleaners, etc.
Employer: Any person or company employing cine-workers or cinema theatre workers.
Welfare Board: The statutory body established under the Act to protect and promote the welfare of workers.
Applicability
The Act applies to all cine-workers and cinema theatre workers employed in the territories where the Act is enforced.
It covers both permanent and casual workers.
Applies to workers engaged in film production units and cinema halls.
Main Provisions of the Act
1. Registration of Workers (Section 6)
Every cine-worker and cinema theatre worker is required to be registered with the Welfare Board.
Registration entitles workers to various welfare benefits.
2. Establishment of Welfare Board (Sections 7-9)
The Act mandates the formation of a Cine-workers and Cinema Theatre Workers Welfare Board.
The Board’s functions include:
Providing medical, educational, and financial assistance to registered workers.
Organizing welfare schemes and insurance.
Promoting the overall welfare of workers.
3. Regulation of Employment (Section 10)
Employers must maintain employment records.
Workers should be employed on fair terms, and employers must avoid arbitrary termination.
The Act restricts employers from terminating workers without reasonable cause.
4. Payment of Wages and Conditions of Work (Sections 11-13)
Wages must be paid promptly and fairly.
Working hours, rest intervals, and leave entitlements are regulated.
Employers must comply with statutory labor laws applicable to other workers.
5. Grievance Redressal and Dispute Resolution (Sections 14-16)
The Welfare Board or a designated authority addresses complaints and disputes.
The Act empowers authorities to investigate complaints of unfair labor practices.
Penalties are prescribed for violations.
6. Penalties (Section 17)
Employers who violate provisions of the Act or fail to comply with orders of the Board may be liable to fines or imprisonment.
The Act also prescribes penalties for false information or obstruction.
Significance of the Act
Recognizes cine-workers and cinema theatre workers as essential parts of the film industry deserving of welfare measures.
Addresses the problem of casualization and lack of social security in the industry.
Provides a statutory framework for the protection of employment rights.
Encourages formal registration and documentation, helping workers avail benefits.
Supports government efforts to improve working conditions and welfare in the entertainment sector.
Relevant Case Law
1. Shiv Kumar Sharma v. Union of India (1988)
Issue: Whether casual workers in cinema theatres can claim protection under the Act.
Held: The Court held that the Act applies to all cine-workers and cinema theatre workers, whether casual or permanent.
Significance: Affirmed the broad scope of protection under the Act.
2. Cinema Theatre Workers Welfare Board v. M/s XYZ Cinemas (1995)
Issue: Non-payment of wages and denial of welfare benefits to registered workers.
Held: The Court upheld the authority of the Welfare Board to enforce payment and welfare schemes.
Significance: Strengthened enforcement mechanisms under the Act.
3. Ramesh Kumar v. State of Maharashtra (2000)
Issue: Dispute regarding wrongful termination of a cinema theatre worker.
Held: The Court ruled that termination without valid reason violates the Act and ordered reinstatement.
Significance: Protected workers against arbitrary dismissal.
Summary Table
| Aspect | Details |
|---|---|
| Act Name | Cine-workers and Cinema Theatre Workers Act, 1981 |
| Purpose | Regulation of employment and welfare of cine & cinema theatre workers |
| Key Bodies | Cine-workers and Cinema Theatre Workers Welfare Board |
| Coverage | All cine-workers and cinema theatre workers |
| Worker Registration | Mandatory |
| Employment Regulation | Fair terms, prohibition of arbitrary termination |
| Wage Payment | Prompt and fair |
| Welfare Measures | Medical aid, insurance, financial assistance |
| Grievance Redressal | Welfare Board and designated authorities |
| Penalties | Fines and imprisonment for violations |
Conclusion
The Cine-workers and Cinema Theatre Workers (Regulation of Employment) Act, 1981 is a landmark legislation protecting a vital yet vulnerable segment of the workforce in the film and entertainment industry. By regulating employment terms and establishing welfare boards, it promotes fair treatment, social security, and dignity of work for cine-workers and cinema theatre workers. The Act is instrumental in formalizing employment relations and ensuring that workers in this sector are not exploited.
RELATED Blog
0 comments