Contents of the OSH Rules (Arunachal Pradesh)

The Arunachal Pradesh Occupational Safety, Health and Working Conditions Rules, 2022

Form XVII

Official text

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(See Rule - 47)

Agreement between Producer and Audio-visual worker

This agreement is made on this day ............................ month...........................year..............................

between Messers................................................................having office at ........................ (hereinafter

referred............................................to .............................as........................................…..the-Producer)

on....................................................the first part and Shri/Smt/Kum...........................son/daughter/wife

of Shri............................................................... residing .............................. (hereinafter referred to as

the―audio -visual worker)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 authorized 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 extra wages 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 travelling 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

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 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

unless the charges of the Producer against the audio-visual worker are proved before a forum

comprising equal number of representatives of the Producers‘ Organization and the audio-

visual worker‘s Organization 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 audio-visual worker shall comply with all the regulations of the studio, location or work

place as the case maybe.

17. 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.

18. That the provisions of the Employees Provident Funds and Miscellaneous Provisions Act, 1952

shall be applicable to this agreement.

19. That the Producer shall not utilize 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 Address

2. Witness Audio-Visual worker Name Address:

Source: The Arunachal Pradesh Occupational Safety, Health and Working Conditions Rules, 2022, No. LAB(W) 03/2020 — Arunachal Pradesh Gazette Extraordinary No. 132, Vol. XXIX, 2 May 2022, pp. 223–225 of the PDF. Open our copy at p. 223 · official download · all sources