Dosto....aapki mang mante hue par aakhirkar CINTAA ne MoU ko apni website cintaa.net par actors ke lie sarvjanik kar diya hai.....sabhi ko mubaraqbad......ise zaroor padhen....main ise yahan paste kar raha hun.... Dear Members, Due to the demand received from various Members that before signing the DRAFT ‘MoU’ with IFTPC, its contents should be displayed on CINTAA website so that maximum number of members should be made aware of it. Hence, CINTAA Executive Committee in its Meeting held on 17.10.2013 has decided to display on our cintaa.net Web-site “DRAFT MoU” received from IFTPC (AMPTPP) with their suggested corrections. We request you to send your suggestions on “MoU” in writing on or before 2nd November 2013 till 5.30 p.m. Please note that discretion to accept the suggestions of Members lies entirely with the CINTAA Executive Committee. As regards payment of conveyance of Rs. 300 or more by producers, the matter will be discussed separately for voting. - See more at: cintaa.net/updates/view/Mou_Draft#sthash.toyQfrqY.dpuf MEMORANDUM OF UNDERSTANDING Between INDIAN FILM AND TV PRODUCERS COUNCIL (IFTPC) (Earlier known as Association of Motion Pictures and TV Programme Producers (AMPTPP)) And CINE AND TV ARTISTS ASSOCIATION (CINTAA) 14.09.2013. MEMORANDUM OF UNDERSTANDING This memorandum of understanding is being executed on this...... day of August 2013 by and between: INDIAN FILM AND TV PRODUCERS COUNCIL (IFTPC)having its registered office at 701/702, building number 29, Oshiwara, Samruddhi CHS, MHADA COMPLEX, Oshiwara, ANDHERI (WEST), Mumbai 400053 (hereinafter referred to as IFTPC which expression shall, unless repugnant to the context subject thereof, be deemed to include each of its members)of the First Part; and Cine and TV Artists Association (CINTAA) having its office at 221, Kartik complex, 2nd floor, opposite Laxmi industrial estate, New link road, Andheri (West), Mumbai 400053 (hereinafter referred to as CINTAA which expression shall, unless repugnant to the context or subject thereof, be deemed to include each of its members) of the other part. WHEREASthe party of the First Part is an Association of television and film producers. Their members having given them mandate to negotiate and establish business practices at the industry level including to negotiate working conditions of various persons employed in the media and entertainment industry, particularly engaging production of films/audiovisual programs for theatrical exhibition and television.IFTPC further represents that it has full authority and ability in all respects to execute this Memorandum of Understanding by itself and on behalf of its members; AND WHEREAS the party of the Second Part is a Registered Trade Union bearing Registration Number 3086(Registered under the Trade Unions Act, 1926) since 13.10.1977 and is currently representing and performing for its members. CINTAA further represents that it has full authority and ability to enter into this Understanding by itself and on behalf of its members. AND WHEREASIFTPC and CINTAA have mutually decided to enter into this memorandum of understanding within interest of regulating/monitoring terms of engagement of the members of CINTAA by the members of IFTPC’s such that a cordial and a healthy relationship is maintained between the two pillars of the Indian television and film industry. AND WHEREAS both CINTAA and IFTPC have come together to discuss several issues pertaining to engagement of actors by the producers for fiction based television programs (and to arrive at a mutual understanding by which the terms and conditions of engagement shall be standardised across the industry to make the same more efficient and frictionless and to amicably set industry standards for wages, employment, conditions, timing/schedule and shifts of shoot/working in the industry. AND NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: A. Definitions: 1. ‘Producer’ shall mean a member of IFTPC who is a producer of film/television programme; 2. ‘Actor’ shall mean a member of CINTAA; 3. ‘MOU’shall mean this memorandum of understanding and shall include any amendments, annexure and schedules for being a part of the same; 4. ‘Joint Dispute SettlementCommittee’ shall mean a committee comprising of tensixmembers in total (fivethree members each of both the parties) and shall be the designated committee to decide all disputes and issues that may come up from time to time between the members of CINTAA and IFTPC; B. Scope of this Memorandum Of Understanding. 1. This memorandum of understanding shall govern the wide spectrum of issues pertaining between the actors and the producers and shall include but not be restricted to the following: a. disputes regarding wages and reimbursements; b. disputes regarding terms and conditions of contract of engagement; c. any and all such disputes to regulate the conduct and to increasing efficiency of the performance in the film/television programme production. 2. This memorandum of understanding shall be binding between both the Associations CINTAA and IFTPC and their members, respectively for a period of threefouryears or such further term as extended from time to time in writing by IFTPC and CINTAA. C. Engagement of Actors by the Producers 1. All engagements of Actors shall be recorded in writing and the Producers shall be obligated to give a copy of the Contract/Agreement to such Actors before commencement of shoot. 2. CINTAA understands the need to make the shooting process more efficient and consequently agrees honouring timelines and schedules become most important from delivery and cost point of view. All actors engaged by the producer shall be obligated to sign the daily attendance diary and shooting muster of the Producer. Producer or his Authorised representative shall sign CINTAA’s Diary pages for Artiste issued by CINTAA provided Artist shall be obligated to present such diary on each day of the Shoot. CINTAA understands that not honouring timing schedules and repeated defaults has a direct bearing on delays and increasing costs incurred by the Producer. The producer shall be entitled to impose such penalties and deduct payments to actors if they are found in breach of their obligations to report on time and deliver as expected and such penalties and deductions may be imposed at any time during the shoot or at the end of the shoot as the Producer may deem fit and necessary. However, if a dispute is raised by the Artist on such deductions made by a Producer then such deduction shall not be made and till such time the JDSC reverts the payments from which the Producer intends to make such deduction shall be withheld by the Producer. 3. Producer will also write their remarks on day to day basis in CINTAA Diary for Artiste and will sign the same. These remarks shall facilitate JDSC at the time of imposition of penalties and deductions on the artistes. 4. After a period of four months from the commencement of shoot of a serial, the producer shall review the blocked dates of the artist and accordingly make changes in the agreement if so required. 5. CINTAA understands that actors playing the key characters are pivotal to the success of a television programme and accordingly agree that actors playing such key characters cannot unilaterally terminate their contracts and leave the show unless agreed in writing by the producer. In the event an actor is in breach of this condition than such matter shall be referred to the Joint Dispute Settlement Committee (JDSC). 6. CINTAA agrees that after commencement of shoot no actor shall enter into a professionalcontract with any producer for any other Serials/programme/film, without prior written consent of the Producer.However this clause would be applicable only to those actors whose 30 days in a month are blocked. In case of unblocked days of artistes, the said artiste can sign any other contract or enter into any professional contract with the other producer/s for any other serial etc.,but for only the unblocked dates. However such artiste will inform the producerin writing before signing of any new contract regarding the unblocked dates.otherwise the producer will have to compensate artiste for unblocked dates. 7. At the time of negotiating of any engagement opportunities with the Producer the actor shall disclose the names of all programs/serials/films/shows which they have signed or agreed to perform for. In the event an actor is simultaneously working on more than one project then the actor shall be obligated to share the exact details of their existing commitment (number of days) before agreeing/committing to a new show/serials/programme/film or any other professional engagement. 8. CINTAA understands that not just reporting at work but rendering optimum performance is for anyoneto deliver the desired result and accordingly no actor shall be permitted to overbook himself/herself and give dates for more than 30 working days in a calendar month. 9. Actors will have to give complete 12 hours (1 ½ shift) of work for their perday remuneration as per requirement and in the event they are unable to do so they will be paid on a pro rata basis for the hours of work completed in a day. This shall not apply to cases where the actors were not required to work the entire shift of 12 hoursin a given day and such waiver has been confirmed by the Producer in writing. 10. In the event the producer intends to renew the contract/engagement of an actor than such renewal shall be done on the same terms and conditions of the previous engagement and the increase in the consideration or the perday remuneration for such renewed term shall be decided mutually between the actor and the producer but shall not be more than 20%. Further, such increase in the remuneration liberation/consideration shall be applicable only after 12 months from the date of first telecast of the episode in which the character played by the actor comes on air. 11. Actors who are lead actors or play a key/regular character shall be obligated to participate with the Producer in shoot of the promofor the show without any fee.or any kind of branding for the show and their fee will be paid,as agreed between the parties. All contracts of engagement between the Producer and the Actor shall mention their respective membership numbers with their respective association, i.e., actors registration numberalong with Membership card and date of its validity with CINTAA and Producers registration number with IFTPC. 12. CINTAA understands that the lead actors and other important character actors are of strategic importance to any given show and such actors playing such roles shall not be permitted to exit the show for three years. Provided that this will not be applicable for shows which are already on air and is running their third year or have completed the third year of broadcast and for such shows the existing agreement between the artist and the producer shall be binding. In the event lead actors or important character actor intend to leave the show after completion of three years then they may do so by giving an advance notice of onefourmonth in writing to the Producer concerned. 13. Actors shall be at liberty to share creative ideas with the Producers however, they will not interfere with the Producer and in the event of a disagreement Producer’s (or his representative’s) creative inputs (including story, script, dialogue, costumes) shall prevail. D. PAYMENTS AND REMUNERATION TO BE PAID TO THE ACTORS 1. IFTPC agrees that regardless of a pilot episode being accepted by a channel or being broadcasted on the channel or the same being financed by a channel, all actors performing in the said pilot episode shall be paid by the producer who has engaged such actors to perform in such pilot unless the contrary has been agreed by the actor in writing prior to commencement of shoot of such pilot episode. 2. IFTPC agrees that those actors who are engaged for up to 5 days in a month and whose per day remuneration is below Rs. 5000, payments to such actors will be made within five days from the day of their last shoot, where from their per day remuneration(inclusive of conveyance and other allowances) a sum of Rs. 300 perday will be paid to them in cash on the day of the shooting and the remaining amount shall be paid within the period as mentioned herein Provided in case where an actor is performing in a mythological/historical/weekend show the payment shall be made within 21 days from the date of their last shoot. 3. IFTPC agrees that from the payments to be made to the actors on a beyond 5days&onmonthly basis, one day’s advancepayment (including conveyance)shall be made by cheque in advance on the first day of the month and the remaining amount shall be paid to them as per the terms and conditions of the contract with the producer. 4. Payments to artist being replaced as per requirement of the producer/channel: in the event an actor is being replaced at the behest of the producer or the broadcaster/channel then in such cases the producer shall settle the entire due payments of the actor by issuing of post dated cheques on the day of replacement. Such post dated cheques shall be drawn in terms of the payment terms agreed between the actor and the producer in their signed agreement. IFTPC shall ensure that these post dated cheques are honoured by their bankers on presentation on the dates mentioned on the cheque and are not bounced for the reason “Funds Insufficient”. In the event there is no such signed agreement, the producer shall issue a current dated cheque. By discharging its payment obligations or by issuing such instruments in respect of discharge of such payment obligations the producer shall not be required to take any no – objection – certificate from such Actor being replaced. 5. The producer shall be liable to pay the actor irrespective of whether the actor has faced the camera for the day of shoot if the actor has been called for the shoot and has reached the set in time. 6.The actor shall be entitled to their payments and dues even in the event program//serial goes off air or is likely to go off air in the near future. E. DISPUTE RESOLUTION (i) IFTPC and CINTAA agrees that in the event there is a dispute between the producer and the actor they both will in good faith try to resolve the same by themselves and in the event despite reasonable efforts such dispute remains unresolved than such disputes may be referred to the joint dispute resolution committee. (ii) Aggrieved by any actor or producer, a producer or an actor, may refer the dispute to their respective association in writing. to the joint dispute resolution committee. The committee upon receipt of such complaint may interview the complainant and such producer/actor jointly or separately as they may deem fit and necessary. In the event the committee is of the opinion that a hearing is called for then it shall give a five days notice for hearing to both parties concerned. After hearing both sides the committee shall give recommendations to the parties concerned in writing within seven days of such hearing/interview. (iii) IFTPC and CINTAA agree that such joint dispute resolution committee comprising of equal number of members from both IFTPC and CINTAA while conducting such inquiry/hearing shall act as independent and impartial judicial forum and shall follow principles of natural justice and shall act without prejudice or favour to any parties before it. IFTPC and CINTAA agree to issue such further guidelines for conduct ofhearing and disposal of disputes from time to time as it may be deemed necessary by IFTPC and CINTAA. (iv)In the event any party to a dispute is not satisfied by the outcome of recommendations of the Joint Dispute Settlement Committee then such dispute shall be referred to Core Committee of FWICE& Producer’s Association.In case any party is still not satisfied and case is not resolved, then such dispute may be referred to Arbitration to be conducted in accordance to Arbitration and Consolation Act, 1996. F. MISCELLANEOUS 1. This understanding is being arrived at in good faith between IFTPC and CINTAA on behalf of its members on the premise that both the associations/bodies represent their respective members and are competent to enter into this understanding for and on behalf of the members. 2. This memorandum of understanding is not exhaustive and this arrangement shall not amount to waiver of any rights of IFTPC and CINTAA.This is also subject to revision / modification /variance, keeping in mind the inflation. 3. This Memorandum of Understanding shall be valid for a period of 34 years and may be extended from time to time by both parties hereto in writing. 4. Any notice and other communication between the parties of this memorandum of understanding shall be in writing may be transmitted by email/fax and also be sent by registered post or express courier or by hand. 5. None of the provisions of this understanding shall be deemed to constitute a partnership between the parties hereto and no party shall be deemed to be the agent of the other in any manner. 6. If any provision of this memorandum of understanding is adjudicated by a court of competent jurisdiction to be void or unenforceable, the same shall in no way affect the remaining provisions of this MoU or its validity or enforceability, and the unenforceable provision shall be performed to the extent valid and enforceable. 7. This memorandum of understanding shall be construed in accordance with the laws of India and the courts of Mumbai shall have exclusive jurisdiction over any dispute that may arise out of the terms and conditions as mentioned in this MOU. IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THESE PRESENTS THE DAY AND THE YEAR MENTIONED HEREIN ABOVE For IFTPC For CINTAA ______________________________ ______________________________ Name: Name: Designation: Designation: ______________________________ ______________________________ Name: Name: &nb - See more at: cintaa.net/updates/view/Mou_Draft1#sthash.uhwkOqAW.dpuf
Posted on: Tue, 22 Oct 2013 09:32:47 +0000
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