The Scheme shall,in its application to Cine Workers as defined in clause (c)of Section 2 of the Cine workers and Cinema Theatre workers (Regulation of Employment) Act,1981 (50 of 1981),be subject to the following modification, namely :-
(1) In Chapters I to IX,references to 'industry' and 'employees' shall be construed as references to 'film production' and
'Cine- workers', respectively;
(2) for sub-paragraph (f) of Paragraph 2, the following sub-paragraph shall be substituted, namely.-
(f)'excluded employees' means,-
(i) a cine-worker, who having been a member of the fund, has withdrawn the full amount of his accumulations in the Fund under clause (a) or clause (c) of sub-paragraph (1) of paragraph 69;
(ii) a 'cine-worker', whose wages at the time he is otherwise entitled to become a member of the Fund exceeds one thousand and six hundred rupees per month and where such remuneration is by way of a lump sum exceeding fifteen thousand rupees.
Explanation .- 'Wages' means "wages as defined in clause (k) of Section 2 of the Cine-Workers and Cinema Theatre Workers (Regulation of Employment)Act,1981 (50 of 1981)" ;
(3) For Paragraph 26, the following paragraph shall be substituted, namely:-
26.Class of employees entitled and required to join the fund -
(1) (a) Every cine-worker to whom Scheme applies, other than an excluded employee, shall be entitled and required to become a member of the fund from the beginning of the month following that in which this paragraph comes into force, if on the date of such coming into force he had worked in not less than three feature films with one or more producers.
Explanation.- 'Feature film' means feature film as defined in clause (f) of Section 2 of the Cine- Workers and Cinema Theatre workers (Regulation of Employment) Act, 1981 (50 of 1981).
(b) Every cine- worker employed to do any work, in or in relation to any feature film in a production unit to which this Scheme applies, other than an excluded employee, shall be entitled and required to become a member of the Fund from the beginning of the month following that in which this paragraph comes into force in such film production unit, if on the date of such coming into force, such employee is a subscriber to a Provident Fund maintained in respect of the establishment or in respect of another establishment under the same employer.
(2) Where the Scheme applies to a film production unit on the expiry or cancellation of an order of exemption under Section 17 of the Act, every cine-worker who, but for the exemption would have become and continued as a member of the Fund shall become a member of the fund forthwith.
(3) After this paragraph comes into force in a film production unit, every cine-worker thereof, other than an excluded employee, who has not become a member already shall also be entitled and required to become a member from the beginning of the month following that in which he completes work in three feature films in that production unit or in another such unit (to which the Act applies) under the same producer or partly in one and partly in the other.
(4) An excluded employee referred to in clause (ii) of Paragraph 2(f), of a film production unit to which this Scheme applies shall,on ceasing to be such an employee, be entitled and required to become a member of the fund from the beginning of the month following that on which he ceases to be such employee, provided that on the date on which he ceases to be an excluded employee, he had worked in not less than three feature films in that production unit to which the Act applies under the same producer or party in one and party in the other .
(5) On re-election of a class of cine-workers exempted under Paragraph 27-A to join the Fund or on the expiry or cancellation of an order under that paragraph, every Cine-worker, who but for such exemption would have become and continued as a member of the fund, shall forthwith become a member thereof.
(6) Every cine-worker who is a member of a private Provident Fund maintained in respect of an exempted film production unit and who, but for the exemption, would have become and continued as a member of the Fund shall, on joining a film production unit to which Scheme applies, become a member of the Fund forthwith.
(7) Notwithstanding the other provision of this paragraph, a Commissioner may, on a joint request in writing of any cine-worker of a film production unit to which this Scheme applies and his producer, enroll such cine-worker as a member who shall, thereafter, be entitled to the benefits and shall be subject to the conditions of the Fund :
Provided that the producer gives an undertaking, in writing , that he shall pay the administrative charges payable and comply with all statutory provisions of the Act and this Scheme in respect of such cine-worker.
26-A. Retention of membership.-A member of the Fund shall continue to be a member until he withdraws under Paragraph 69 the amount standing to his credit in the Fund or is covered by a Notification of exemption under Section 17 of the Act or an order of exemption under Paragraph 27 or 27-A.
Explanation.-In the case of claim for refund by a member under sub-paragraph (2) of Paragraph 69, the membership of the fund shall be deemed to have been terminated from the date the payment is authorised to him by the authority specified in this behalf by the Commissioner irrespective of the date of claim.
26-B. Resolution of doubts.-If any question arises as to whether a cine-worker is entitled or required to become or continue as member, or as to the date from which he is entitled or required to become a member, the decision thereon of the Regional Commissioner shall be final :
Provided that no decision shall be given unless both the film producer and the cine-worker have been given an opportunity of being heard.
