Form XIX

(See Rule-63)

Agreement between Producer and Audio-visual worker

This agreement is made on this

day............month................year..........between

Messers...................having office at ………………………………………… (herein

after referred to as the“Producer”) on the first part and

Shri/Smt/Kum…………………………......................son/daughter/wife of

Shri..................residing at……………………...(hereinafter referred to as

the“audio-visualworker”)on the second part. The terms

“Producer’and‘audio-visual worker’s hall include their

heirs,successors, administrators and legal representatives:

Now, therefore this agreement is made as follows:

1. That both the parties agree that the duration of this agreement

shall be from the date hereof till the completion of the audio-visual

and this period shall not exceed consecutive months.

2. That the audio-visual worker agrees to attend studio, location or

work place, as the case may be, subject to the requirement of his

previous engagement and on his confirmation, to his respective job

punctually as and when he shall be required by a written intimation

by the Producer or the person duly authorised by him in writing.

3. That inconsideration of the audio-visual worker services, as

aforesaid, the Producer agrees to pay and the audio-visual worker

agrees to receive a sum of Rs................................

(Rupees........................) payable as advance on signing of this

agreement and the balance of Rs..........................payable

in…………………………equal installments.

4. That in the event of the audio-visual production being not

complete within the stipulated period and the Producer still needing

the services of the audio-visual worker to complete the audio-visual

production, the producer agrees to pay and the audio-visual worker

agrees to receive additional remuneration on pro-rata basis, payable

in the same manner as stated in Clause 3 above, till the completion

of the production.

5. That in case the assignment of the audio-visual worker is

completed earlier than the period stipulated in Clauses 1 and 4

above, the producer shall settle the account of the audio-visual

worker and pay the remaining balance of the agreement amount in

full before the commencement of re-recording work/censor of the

production, whichever is earlier.

6. That the audio-visual worker shall,if so required,

(a) attend the studios, location or work-place, as the case may be,

earlier than the a scheduled time of the shift, for preparatory

work, and in that case, he/she shall be paid by the Producer

extra wages at the rate of Rs ............................................ per

hour or part thereof for such early attendance.

(b) Continue to work beyond the working day, with one hour

break and in that case, he/she shall be paid by the Producer

extrawages at the rate of Rs for the work during the

extended hours and refreshments, and transport facilities.

7. That the Producer shall provide transport and food or pay

traveling allowances to and fro to report to duty and food allowance

while on duty as are customary or fixed by bilateral arrangements

between the Producer’s and audio-visual worker’s representative

organizations.

8. That the Producer shall also pay for all travelling and

accommodation expenses, fares, cost of food and such other

allowances as are customary when the audio-visual worker is

required to work on location outdoors.

9. That the Producer shall get the audio-visual worker insured for

any injury or damage to his/her person including death caused by

accident arising out of or in the course of his/her employment

and/or during the period of his/her assignment under this

agreement.

10.That where the Producer is prevented from proceeding with the

production of the audio-visual by reason of fire, riot, natural

calamity, order of the public authority or any other reason beyond

his control :-

(a) He shall be entitled to suspend the operation of this agreement

during the period of suspension of production in case the production

is suspended. The producer shall serve notice in writing of such

suspension on the audio-visual worker and shall pay all his/her dues

up to the date of service of such notice. Upon resumption of work on

the film,this agreement shall revive and shall remain valid for the

period stipulated in Clause I excluding the period of suspension

there from ; or

(b) He shall be entitled to terminate this agreement as from the

cessation of production, in case the production ceases completely.

The producer shall serve a notice in writing of such cessation on the

audio-visual worker and make payment of all the amount due to the

audio-visual worker at the time of termination.

11. That in case if the Producer desires to terminate this agreement

before the expiry of its term for reasons other than misconduct in

relation to performance of the audio-visual worker’s duties or of

his/her unwillingness to perform the services required under this

agreement, the producer shallbe entitled to do so only upon

payment of the balance of the stipulated amount of the agreement.

Only after such payment to the audio-visual worker, the Producer

shall be titled to employ another audio-visual worker in his/her

place.

12. That the Producer shall have the right to terminate this

agreement on ground of misconduct on the part of the audio-visual

worker in relation to performance of his/her duties or his/her

unwillingness to perform the service required under the agreement,

upon payment to the audio-visual worker of the amount due at the

time of termination, calculated taking into consideration the audio-

visual worker’s total work in the audio-visual and the work he/she

has completed till the date of termination of this

agreement.Termination under this clause shall not be made

unlessthe charges of the Producer against the audio-visual worker

are proved before a forum comprising equal number of

representatives of the Producers’ Organisation and the audio- visual

worker’s Organisation to which the Producer and the audio-visual

worker respectively may belong. The decision of the forum shall be

binding on both the parties. The producer can engage another

audio-visual worker for the job towards this agreement only after

the forum has given a decision in favour of such termination and the

audio-visual worker has been paid all his dues.

13. That in case of premature termination of this agreement, it

shall be the option of the Producer whether or not to retain the work

of the audio-visual worker in the audio-visual and at the same time,

it shall be option of the audio-visual worker whether or not to allow

his/her name to go on the credit titles of the film.

14. That the Producer shall have the right to decide the manner of

representing the audio-visual worker’s personality on the screen,

his/her clothes, make-up and hair-style and the audio-visual worker

shall fully and willingly comply with the direction of the Producer in

this regard, provided that the requirements of the Producer in this

respect have been notified to the audio-visual worker and accepted

by him/her.

15.That the audio-visual worker agrees that he/she shall render

his/her services to the best of his/her ability in such manner as the

Producer or, at his instance, the Director of the audio-visual may

direct and shall comply with all reasonable instructions that he may

give for the production of the film.

16. That the Producer shall also pay for all traveling and

accommodation expenses, fares, cost of food and such other

allowances as are customary when the audio-visual worker is

required to work on location outdoors.

17. That the Producer shall get the audio-visual worker insured

for any injury or damage to his/her person including death caused

by accident arising out of or in the course of his/her employment

and/or during the period of his/her assignment under this

agreement.

18.That where the Producer is prevented from proceeding with the

production of the audio-visual by reason of fire, riot, natural

calamity, order of the public authority or any other reason beyond

his control :-

(a) he shall be entitled to suspend the operation of this

agreement during the period of suspension of production in case

the production is suspended. The producer shall serve notice in

writing of such suspension on the audio-visual worker and shall

pay all his/her dues up to the date of service of such notice.

Upon resumption of work on the film, this agreement shall

revive and shall remain valid for the period stipulated in Clause I

excluding the period of suspension there from ; or

(b) he shall be entitled to terminate this agreement as form the

cessation of production, in case the production ceases

completely. The producer shall serve a notice in writing of such

cessation on the audio-visual worker and make payment of all

the amount due to the audio-visual worker at the time of

termination.

19. That in case if the Producer desires to terminate this

agreement before the expiry of its term for reasons other than

misconduct in relation to performance of the audio-visual worker’s

dutiesor of his/her unwillingness to perform the services required

under this agreement the producer shall be entitled to do so only

upon payment of the balance of the stipulated amount of the

agreement. Only after such payment to the audio-visual worker, the

Producer shall been titled to employ another audio-visual worker in

his/her place.

20. That the Producer shall have the right to terminate this

agreement on ground of misconduct on the part of the audio-visual

worker in relation to performance of his/her duties or his/her

unwillingness to perform the service required under the agreement,

upon payment to the audio-visual worker of the amount due at the

time of termination, calculated taking into consideration the audio-

visual worker’s total work in the audio-visual and the work he/she

has completed till the date of termination of this

agreement.Termination under this clause shall not be made

unlessthe charges of the Producer against the audio-visual worker

are provide before a forum comprising equal number of

representatives of the Producers’ Organisation and the audio- visual

worker’s Organisation to which the Producer and the audio-visual

worker respectively may belong. The decision of the forum shall be

binding on both the parties. The producer can engage another

audio-visual worker for the job towards this agreement only after

the forum has given a decision in favor of such termination and the

audio-visual worker has been paid all his dues.

21. That in case of premature termination of this agreement, it

shall be the option of the Producer whether or not to retain the work

of the audio-visual worker in the audio-visual and at the same time,

it shall be option of the audio-visual workers whether or not to allow

his/her name to go on the credit titles of the film. That the Producer

shall have the right to decide the manner of representing the audio-

visual worker’s personality on the screen, his/her clothes, make-up

and hair-style and the audio-visual worker shall fully and willingly

comply with the direction of the Producer in this regard, provided

that the requirements of the Producer in this respect have been

notified to the audio-visual worker and accepted by him/her.

22. That the audio-visual worker agrees that he/she shall render

his/her services to the best of his/her ability in such manner as the

Producer or, at his instance, the Director of the audio-visual may

direct and shall comply with all reasonable instructions that he may

give for the production of the film.

23. That the audio-visual worker shall comply with all the

regulations of the studio, location or workplace as the case may

be.

24. That the Producer shall not without the consent in writing of

the audio-visual worker, assign or transfer the benefit of this

agreement to any other person.

25. That the provisions of the Employees’ Provident Funds and

Miscellaneous Provisions Act, 1952 shall be applicable to this

agreement.

26. That the Producer shall not utilise the work of the audio-

visual worker in any film, other than the audio-visual under this

agreement, without prior permission of the audio-visual worker.

The parties have put their hands to this agreement on the date,

month and year said above in the presence of each other and in the

presence of the witnesses.

1. Witness Producer (Name and Address)

2. Witness Audio-visual worker (Name and

Address)