Form 33

(see sub-rule (1) of Rule-101)

Format of Agreement between audio-visual worker and producer of audio-visual program or contractor

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

1. M/s …………………………. (name of production house) (a sole proprietary concern/a firm

registered under the Partnership Act, 1932/ a Company incorporated and registered under the

Companies Act, 1956) having office at ........................ (herein after referred to as the “Producer”)

on the first part

and

2. Shri/ Smt/ Kum ..................... son/ daughter/ wife of Shri .................. residing at (herein after

referred to as the “audio-visual worker”) on the second part.

The terms “Producer” and “audio-visual worker” shall include their heirs, successors, administrators and

legal representatives;

Whereas the Producer is engaged in the audio-visual production as defined in section 2(e) of The

Occupational Safety, Health And Other Working Conditions Code 2020;

Whereas the said producer is desirous to engage the Audio-Visual Worker in the capacity of a ....................

in the aforesaid Audio-Visual production and the Audio-Visual Worker accepts the same;

Now, therefore this agreement is made as follows:

1. That both the parties agree that the duration of this agreement shall be form the date hereof till the

completion of the Audio Visual production 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 in consideration of the Audio-Visual Workers' 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 instalments;

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 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 Audio Visual production;

5. That in case the assignment of the Audio-Visual worker is completed earlier that 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 Audio Visual production, whichever is earlier.

6. It is agreed by the Producer that for the purposes of this agreement-

(a) a working day shall mean a period not exceeding eight consecutive hours (to include one

hours' break for rest and refreshments) ;

(b) a working week shall mean a six-day week from Monday to Saturday, both inclusive, and

the Audio Visual Worker is not liable to work on Sundays and Public Holidays :

(c) the Audio Visual worker shall not be required to work for more than five consecutive

hours without a break ; and

(d) a period of not less than twelve hours shall elapse between the Audio Visual Worker's

release from the studio/location/work-place and the next succeeding call.

7. 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.

8. 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 organisations;

9. 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;

10. 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;

11. 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 therefrom ; 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.

12. 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 entitled to employ another

Audio Visual Worker in his/her place;

13. 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 film and the work he/she has completed till the date of

termination of this agreement. In case of any dispute regarding the termination or other conditions

of services between the Producer and the audio-visual worker, the dispute resolution mechanism,

process and constitution of Authorities and Courts shall be such as provided in the Code of

Industrial Relations, 2020 and rules made thereunder by the State Government of Uttar Pradesh.

14. 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 film 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 Audio Visual production.

15. 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.

16. 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

production may direct and shall comply with all reasonable instructions that he may give for the

production of the Audio Visual production.

17. That the Audio Visual -worker shall comply with all the regulations of the studio, location or work

place as the case may be.

18. 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.

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

shall be applicable to this agreement.

20. That the Producer shall not utilise the work of the Audio Visual worker in any of Audio Visual

production, other than the Audio Visual production 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 Signature of Producer

Name:

Address:

2 Witness Signature of Audio-visual worker

Name:

Address: