CONSTITUTION OF THE FILM WRITERS ASSOCIATION MUMBAI

As revised and amended by the General Body on 14th October 2000.

1. NAME
The name of the Union shall be The Film Writers Association, hereinafter
referred to as Association for brevity sake.
2. OFFICE
The Registered office of the Association shall be within the limit of the greater
Bombay.
3. AIMS & OBJECTS
The film Writers Association shall be a non-political organisation having the
following aims and objects:
(i)

To foster brotherhood and unity amongst the writers working in the film
industry and all other Audio Visual media by bringing them together
under the banner of THE FILM WRITERS ASSOCIATION.

(ii)

To regulate the relations of its members with the employers.

(iii)

To safeguard the interests, right and privileges of its members in all

matters relating to their employment and living conditions.

(iv)

To prevent any reduction in wages and remuneration of its members.

(v)

To promote and maintain high standard of professional conduct and

integrity.

(vi)

To settle duisputes between the employer and its members.

(vii)

To secure compensation for its members in cases of accidents under

the workmens Compensation Act, etc.

(viii)

To provide legal assistance to its members in respect of matters arising

out or incidental to their employment.

(ix)

To render aid to its members during any lockout strike, provided the
same is done with the sanction of the Association.

(x)

To establish and maintain harmony and unity of action among the

members of the Association.

(xi)

To build-up and administer funds for the provisions of legal aid, unemployment, disablement, retirement and death benefits, provident

funds and other benefits whichever may be deemed necessary from

time to time.
(xii)

To secure representation of its members on delegations, commissions,

committees etc., set-up by the Central or State Governments or film
industry or other bodies where representation of non-officials is required.

(xiii)

To engage in such other legitimate activities as are incidental and

conducive to the attainment of the aforesaid objects.

4. DEFINITION
For the purpose of membership of the Association a WRITER means any
person engaged in the work of writing of Poetry, Stories, Novels, Screenplay,
Dialogue, Lyrics or any other form of creative writing in mass media or holding
any diploma Certificate of cine writing from any recognized institution.
5. MEMBERSHIP
(i)

Any person who has attained the age of 18 years, and is engaged in the
work of writing as per Section 4 above can become the member of the
Association irrespective of caste, colour, creed, language and sex. Such
person shall be proposed by one member and seconded by another.
Application for membership must be made on the prescribed form of the
Association and every applicant shall be subject to the refusal or
acceptance of the General Secretary. In the event of disapproval of the
application by G. S. the applicant has the right to appeal to the
Managing committee. The M. C. reserves an absolute right to grant or
refuse the membership to any candidate without assigning any reason
thereof, and decision of the M. C. shall be final. However, the formality
of this procedure shall not be applicable for Honorary Members.

(ii)

There are FIVE classes of Membership :

(a)

REGULAR MEMBER any person employed in the film industry or

Audio and./or Visual medium as story, screenplay, dialogue or song
writer and whose name has appeared on the screen or television or
Audio Cassettes shall be entitled to became the REGULAR MEMBER of
the Association.

(b)

ASSOCIATE MEMBER Any person who is engaged in the writing

work for medium other than Film/T. V./Audio etc. shall be eligible to
became ASSOCIATE MEMBER, provided he/she has a novel, a
collection of short stories or dramas or poems already published in his
name or at least 15 stories, dramas or poems printed in different papers
or magazines and/or any person who has been contracted by a
producer of Visual or audio media but whose name has not appeared on
the screen./audio cassette, shall be entitled to become an ASSOCIATE
MEMBER.

(c)

LIFE MEMBER Any regular member or any other person eligible to

become a Regular Member can enroll himself/herself as Life Member
after paying an amount fixed by the Association from time to time and
shall not be required to pay the monthly subscription thereafter.

(d)

HONORARY MEMBER Person who is not eligible to become a

Regular Member of the Association may be admitted as HONORARY
MEMBER subject to the provisions of Section 22 of Honorary Members
of the Trade Union Act, 1926 and the number shall not exceed TEN.

(e)

FELLOW MEMBER Person who have a burning passion for becoming

writers of Audio Visual mediums, but have not yet enough of their work
printed to entitle them to become an associate member, but who have a
letter of confirmation from a producer, or director of film / serial / telefilm
/ documentary or audio cassette producing company/ or a music director
or a Regular member of Association that he/she will be writing for
them/he/she, is entitled to become a fellow member.
The Admission and membership fee for the FELLOW MEMBER will be
the same as that of an Associate Member. The Fellow Member will have
no right of any sort, i.e. voting rights, Representation in Managing
Committee, any kind of financial or medical aid. The Fellow Member will
have one and only one right that of getting his/her written work
registered with the Association. A Fellow Member will also not be
eligible to approach the Association for any dispute between him/her
and his/her employee for a period of SIX MONTHS form the date of
his/her membership. The approval or disapproval of the membership of
a FELLOW MEMBER will rest with the General Secretary But, the
applicant for Fellow Membership will be eligible to appeal to the
Managing Committee for membership if rejected by the General
Secretary.

(iii)

Any Associate Member Shall be entitled to become a REGULAR/LIFE

MEMBER whose name has appeared on the screen or Television or
Video or Audio Cassette as a WRITER of Story, Screenplay, Dialogue
or song, provided the membership class, along with necessary
documents of proof.

(iv)

A Fellow Member shall also be entitled to become as Associate Member

after shooting of his/her, Television Serial or Video Film or Audio
Cassette recording has been done, provide the member concerned
applies for the transfer of his/her membership class along with
necessary/documents of proof.

6.

ADMISSION FEE & MONTHLY SUBSCRIPTION

The admission fee to become a member, Regular or otherwise shall be
decided and fixed by the Managing Committee of the Association from
time to time.

The monthly subscription payable by the members shall be as below,

subject to the resolution of the GHENERAL BODY of the Association,
increasing or decreasing the same at any time, in case the same is so
desired or is deemed necessary.
LIFE MEMBER
REGULAR MEMBER
ASSOCIATE MEMBER
FELLOW MEMBER

:
:
:
:

Rs. 5000/- ( FOR LIFE)

Rs. 10/- ----(MONTHLY)
Rs. 6/- ----(MONTHLY)
Rs. 6/- ----(MONTHLY)

7.

RIGHT OF MEMBERS.
The Regular & Life Member shall enjoy all the benefits accruing from
the Association e.g. right to vote, the right to contest the election for
any post in the Managing Committee provided they have already
written 3 Feature Films, or 4 Tele Films, or 26 episodes of a serial or
serials, of the duration of 23 Minutes each as a Story, Screenplay or
Dialogue writer, or 9 Songs in 3 Films and Whose name has thus
appeared in the main titles of the productions concerned.

8.

CEASING THE MEMBERSHIP

(i)

Any member failing to pay his/her monthly subscription for a period of

six months, shall cease top enjoy the benefits available to him/her as a
member and the forfeiture shall continue till the payment of his/her
arrears upto-date.

(ii)

Any member other than Life members, failing to pay his/her monthly
subscription for 6 months shall cease to be a member of the
Association. He/she will be served with a subscription Demand Notice
to pay the arrears within thirty days of the receipt of the said notice and
if he/she fails to pay the amount demanded within the specified time,
his/her name shall be struck off from the Register of the members and
he/she shall be no more a member of the Association. However if
he/she wants to become a member again, he/she will have to pay the
fresh admission Fee and the monthly subscription.

(iii)

The Association shall maintain a membership register with particulars

of all member and which will be open to members for inspection during
the office hours.

9.

ADMINISTRATION

The affairs of the association shall be administered by:

(i)

GENERAL BODY : The General Body, comprising of Regular, Life and

Associate Members of the Association shall be supreme and its
decision on all the matters shall be final and binding on the Managing
Committee.

(ii)

NAMAGING COMMITTEE : The Managing Committee, shall be

comprising of 23 Members, including office bearers, duly elected, BIYEARLY in the General Body Election Meeting.

10.

OFFICE BEARERS
The office bearers of the Association shall be as under :
The President
The vice-presidents (Two)
The General Secretary
The Joint Secretaries (Two)
The Treasurer.
All the aforesaid office bearers shall be elected by the secret
ballot at the General Body Election Meeting of the Association for 2
years and they shall be eligible for re-election.

11.

MANAGING COMMITEE

(i)

The Managing Committee, shall be consisting of the office bearers and

members elected in the General Body Election Meeting by secret
ballot. The number of the member elected apart from the office
Bearers, shall not be more than 16 (Sixteen) including 2 ASSOCIATE
MEMBERS duly elected by the Associates themselves.

(ii)

The Managing Committee, subject to the provisions of the Indian Trade

Union Act, 1926, shall manage the affairs of the Association, Financial
or otherwise.

(iii)

The Managing Committee shall continue functioning till the new

Managing Committee is duly elected in the General Body Election
Meeting and announced by the Election Officer.

(iv)

In case any member of the Managing Committee or any other

Committee or Sub-Committee fails to attend three consecutive
meetings without valid reason and prior information and who does not
satisfy the Managing Committee with explanation for his/her continued
absence, he/she will cease to be member of the said committee and
shall not be eligible for re-election to the Office Bearers or for the
executive committee for the immediate succeeding election year.
Vacancy thus created shall be filled by the committee by means of Cooption.

(v)

In case of an vacancy created among the office Bearers of the

Managing Committee, the Managing Committee shall be competent to
fill up the same by co-option from among the member of the Managing
Committee. In case there is a vacancy created in Managing
Committee, then the same shall be filled in by the Managing

Committee by means of option from among the Regular and Life

Member of the Association.
The Quorum of the Managing Committee shall be one third of the
member strength in the Managing Committee. No Quorum is required
for an adjourned meeting.
(vi)

The Managing Committee shall meet once a month on a day, place

and time fixed by the General Secretary, in consultation with the
President.

(vii)

(a) Any member found guilty of any act of misconduct, misdemeanour

or act against the interest of the Association shall be fined or
suspended by the Managing Committee, after being given the proper
opportunity for defence.
(b) Any member found guilty of denouncing the Association or
campaigning against any office bearer for ulterior motived or working
against the cause and interest of the association, shall be black listed,
or suspended, or debarred from contesting for any office bearer for
ulterior motives or working against the cause and interest of the
Association, shall be black listed, or suspended, or debarred from
contesting for any office.
(c) Any member who is declared guilty by any Court of law or
Competent Body of Association of :
- Piracy or/ and
- Infringement of copyright
Shall be disqualified to contest for any office for at least a period of four
years.
(d) Any member who is declare guilty under the above mentioned
clauses shall not in any case be taken or co-opted for any committee
dealing with the right of Film Writers i. e. Dispute Settlement
Committee and Copyright Committee for a period of 4 year ( Office
cannotes the membership of the Managing Committee in the above
clause.)

(viii)

At least three days notice shall be given for the Managing Committee
Meetings.

(ix)

PRESIDENT : The President shall preside over Meeting of Managing

Committee Meetings.

(x)

The President shall preserve order, sign all minutes and shall have one
casting vote only.

(xi)

The president or the General Secretary may call a special meeting any
time, if he thinks so necessary.

(xii)

VICE PRESIDENT: One of the Vice President shall function in place of

the President in this absence.

(xiii)

GENERAL SECRETARY: The General Secretary shall be the CHIEF

EXECUTIVE OFFICER of the Association.

(xiv)

The General Secretary shall record the minutes of the meeting of the
Managing Committee.

(xv)

The General Secretary shall convene all the Managing Committee

Meetings.

(xvi)

The General Secretary shall conduct all correspondences.

(xvii) The General Secretary will keep all accounts and prepare a Balancesheet annually showing clearly every item of Receipt and Expenditure.
(xviii) The General Secretary shall exercise supervision on all affairs of the
Association.
(xix)

The General Secretary shall have powers to appoint any assistant or

assistants for organizational and clerical purpose, if he considers
necessary in consultation with the President and subject to the
approval and confirmation of the Managing Committee.

(xx)

The General Secretary shall submit all the returns and notices to the
registrar, which are required to be submitted to him.

(xxi)

JOINT SECRETARY: The Joint Secretaries shall generally help the

General Secretary in his duties.

(xxii) One of the Joint Secretaries nominated by the General Secretary shall
perform all the duties of the General Secretary, in his absence.
(xxiii) TREASURER: The Treasurer shall be responsible for all sums of
money which from time to time be paid to the Association.
(xxiv) The Treasurer shall make payment towards all expenditure sanctioned
by the Managing Committee.
(xxv) The Treasurer shall not have the power to draw any amount from the
Bank without first having the Cheque signed by the President or the
General Secretary.
12.

FUNDS :
A. INCOME
(i)

The General Funds of the Association shall consist of the

Admission Fee, Life Membership Fee, Subscription from the

members, Registration of writing work, Donation, Service Charges

for the settlement of disputes etc. The amount of the General Fund
shall be kept in the Bank/Banks approved by the Managing
Committee.
(ii)

The Bank Account shall be operated by the President or General

Secretary and Treasurer.

(iii)

The General Secretary or the Treasurer shall not keep more than
Rs. 4,000/- (Four Thousand Rupees) with him for current expenses.

(iv)

The general funds of the Association (Subject to the Provision of

the Trade Union Act, 1926) shall not be spent on any other object
other than the following, namely:

B.

EXPENDITURE

(i)

The payments of salaries Allowances and expenses to Office

Bearers of the Association.

(ii)

The Payments of expenses for the administration of the

Association, including audit of the accounts of the general Funds of
the Association.

(iii)

The prosecution or defence in any legal proceedings to which the

Association or any member thereof is a party, when such
prosecution or defence is undertaken for the purpose of securing or
protecting any right of the Association as such (arising out of the
relation of any member with his/her employer).

(iv)

The conduct of trade dispute on behalf of the Association or any

member thereof.

(v)

The compensation of members for loss arising out of trade

disputes.

(vi)

Allowances to members or their dependents on account of death,

old age, sickness, accident or unemployment of such members.

(vii)

The issue of, or the undertaking of liability under policies of

Assurance on the lives of the members or under policies insuring
members against sickness, accident or unemployment.

(viii)

The provision of education, social or payments of expenses of

funeral ceremonies for deceased members or for the dependents of
the members.

(ix)

The upkeep of the periodical published mainly for the purpose of

discussing questions affecting employers or workmen as such.

(x)

In furtherance of the object above, the General Funds of the

Association, may also be spent on contributions to any cause
intended to benefit workmen in general, subject to the condition,
that these expenses shall not at any time (in any financial year) be
in excess of the General Funds of the Association during that year
and of the balance to the credit of those funds at the
commencement of the year and

(xi)

Subject to any conditions contained in the notification, any other

subject notified by the Government in the official Gazette.

13.

AUDIT
The Association shall make due provision for the Annual Audit of
the Accounts by a competent audit or Auditors appointed by the
Managing Committee (in accordance with the rule 18 of the Mumbai
Trade Union Regulations, 1927).

(i)

The books of accounts of the Association shall be open to the

inspection by a member, with prior permission from the General
Secretary for specific purpose, during working hours, But, the office
Bearers of the Association will be free from any such permission
and will be at liberty to inspect the books of accounts during officer
hours.

14.

GENERAL BODY MEETING

(i)

The General Body Meeting of the Association shall be held every

year, latest in the month of August, for the following business :
a) to adopt the report of the work done by the Association during the
year.
b) to adopt the Audited Statement of Accounts.
c) to transact such other business as may be brought forward with
the permission of the chair.

(ii)

But, the election shall be held in every alternate year for electing
office Bearers and Managing Committee Members for a period of
TWO YEARS. The meeting shall be know as General Body Election
Meeting and conduct the following business.
a) to elect the office-bearers and other members of the Managing
Committee for the ensuring years along with the report of the
work done by the Association during the term and adopt the
Audited Statement of Accounts.

15.

SPECIAL GENERAL BODY MEETING

(a)

The President or the General Secretary shall be call the Special

General Body Meeting of the Association on a requisting signed by

at least One Hundred Fifty members of the Association, who have

got the voting rights, within TWENTY days of requisition.
(b)

In case the President or the General Secretary fails to convene

such meeting, the Requisitionists themselves may call a meeting
after due notice and the proceeding of such a Meeting shall be
binding on the Association.

16.

NOTICE OF THE MEETING

At least FIFTEEN days notice is necessary to be given to the
members for General Body Meeting or for special General Body
Meeting.

17.

QUORM
The Presence of at least FIFTY members shall be necessary to
form a quorum at any General Meeting. No quorum is necessary for
the adjourned meeting.

18.

ELECTION
Election shall be held in the General Body Election Meeting after
the expiry of one term i.e. two years.
(1) Any Regular or Life Member of the Association whose
subscription is not arrears for more than SIX months shall be
eligible to contest the election:
(a) For the membership of the Managing Committee and/or any
office of the following posts:
PRESIDENT
VICE PRESIDENTS (TWO)
GENERAL SECRETARY
JOINT SECRETARIES (TWO)
TREASURER
by nominating himself/herself.

(b)

Two Associate Member Shall also also be elected by

the Associate Member themselves by secret ballot in the
general body election meeting and by the same process of
nominating himself/herself for the election of membership of the
managing committee.

(c)

ELIGIBILITY

(i)

Any Regular or Life Member who has to his/her credit Three

Feature Films already released / Censored or TWENTYSIX
episodes of any one or more than one T. V. serial, already
telecast or lyrics of at least three different Films or NINE songs
already released or four Tele-Films or Documentaries already
released will be eligible to contest for the post of any OFFICE
BEARER.

(ii)

Member may nominate himself/herself for as office bearer or for

Membership of the Managing Committee:

(iii)

An Associate member shall be eligible for membership ( Two Posts

Onlt) of the Managing Committee provided he/she is not in arrears
of subscription.

(iv)

Three years old Associate Member will only be eligible for

contesting the election.

(v)

To contest for the Offices of President, General Secretary and the

Treasurer one member has to be on the Executive Committee of
the Association for the one full term.

(2)

On receipt, such nomination papers, shall be scrutinised by the

Secretariat or a Scrutiny Committee appointed by the Managing
Committee, to determine its validity.

Names of the contestants shall be printed on the Ballot Paper and

distributed among the Regular and Life Members and Associate Members
present in the General Body Election Meeting.
Personal presence of the contestants in the General Body Election Meeting
will be essential, unless the absentee has intimated in writing the reason of
his/her absence earlier and the scrutiny committee holds it valid.
Voting will be by secret ballot.
(a) The Officer Bearers, along with other members of Managing Committee
shall retire after transacting the normal business, before the
commencement of the election.
(6)

Prior to the election, the General Secretary shall appoint an Election

Officer from among the non-contestants present, who will conduct the
election proceedings and declare the results, But., the Election Officer
shall not be appointed from the retiring Office bearers or members of the
out going Managing Committee.

(a) The Election Officer, so appointed shall conduct the elections, assisted
by the members present and by any contestants or retired office bearers
or members of outgoing Managing Committee.

(b) After pronouncement of results, the newly elected body shall announce
the date of the first Meeting of the new Managing Committee then and
there.
(7)

As soon as the new Managing Committee is declared by the election

Officer, the outgoing Committee shall automatically retire.

19

VACANCIES AND RE-ELECTION

1.

In case of vacancy of any Officer Bearer, Caused by the cession of

membership, demise or illness or registration or shifting of residence or
by any directive of the Managing Committee, or General Body, then reelection shall be held, provided the vacancies occurred are more than
two in numbers.

2.

In case of vacancy of the Office of Treasurer due to any reason, reelection shall be held immediately by the Managing Committee to elect
the new TREASURER from amongst the M. C. members. In the gap
period till re-election, the President and the General Secretary shall
operate the Bank accounts and financial matters.

3.

Re-election for more than TWO vacancies shall be held according to the
procedure of General Body Election Meeting, through secret ballot.

4.

In case of any valid objection against election of any member in the

General Body Election Meeting or re-election General Body Meeting, a
re-election shall be held, provided the validity of the objection is probed
into , by a committee appointed by the Managing Committee, consisting
of members not from among the office bearers and members of the
Managing Committee.

20.

SUB-COMMITTEES

a)

The Managing Committee shall have the power to amend and lay down
bye-laws from time to time, constitute, a sub-committee for purpose of
setting disputes with employers or among members or for other
specific issue or purpose, with members from the Managing Committee
not exceeding SEVEN in numbers, for any committee.

b)

The sub-committee so elected will consist of a Convenor, a Chairman

and maximum of Five members from the members.

21.

AMENDMENTS IN CONSTITUTION
The Constitution may be amended at any time by the 2/3 majority of
the members present at a General Body Meeting provided previous
notice of the proposed amendment ( at least fifteen days) is given to
the members.
The amendment shall not be passed in the adjourned meeting.

Any members, associated, Regular or Life can propose any

amendment in the Constitution.
Any proposal for amendment of the Associations Constitution should
reach the office before seven days at the date of General Body
Meeting.
22.

DISSOLUTION
The Association shall not be dissolved except by the vote of a majority
of member on the rolls of the Association, who have right to vote and
present at a General Body Meeting called for the purpose.
In case of the dissolution of the Association, after meeting all the
liabilities, the funds of the Association shall be disposed off in
accordance with the dissolution meeting.
THE END
--------------XXX--------------

THE FILM WRITERS ASSOCIATION

BYE-LAWS
1.

The Managing Committee shall have the power to amend any of the
bye-laws at any time, provided, hawever, that more than 50% of the
total number of members of the Managing Committee are present at
the meeting.

2.
(a)

FEES
ADMISSION FEE: For all member, Regular, Associated & Fellow, Shall
be Rs. 1500/-.

(b)

LIFE MEMBERSHIP FEE: Rs. 5000/- The above mentioned fees are
subjected to change by the Managing Committee.

3.
a)

REGISTRATION OF WRITTEN WORK

The Association shall provide the facility of Registering its members
work, such as story, synopsis, concepts, screenplay, scenario,
dialogue and lyrics for feature films, video films, teleplays, serials and
Audio Cassettes etc.

b)

The Registration work shall be done in the office of the Association on

five days in a week i. e. Monday, Tuesday, Wednesday, Thursday and
Friday from 2-00 p.m. to 5-00 p. m.

c)

The Registration shall not be constructed as Copyright Registration.

d)

The Managing Committee is entitled to change the Registration

Charges from time to time, as it deems fit.

e)

While registering the written work submitted, the Registration Officer

shall, under no circumstances read the content and shall not keep a
copy of the work registered, in the office.

f)

While Registering the work the officer shall subscribe his signature with
date and affix the official seal of the Association on every page.

g)

The Registration record shall contain: 1) Name of the writer 2)

Language of the script 3) Cash book receipt number and 4) Total
number of pages of the script.

h)

The Registration shall be subject to the solemn undertaking by the

writer as under :
THIS WORK IS MY ORIGINAL CREATION AND THAT IN CASE OF
A DISPUTE IF PROVED OTHERWISE THE F. W. A. HAS THE
UNQUESTIONABLE RIGHT TO CANCLE IT.

i)

Registration Charges shall be as under :

SCRIPT .......... Rs.7/- ....... upto five pages,

Rs.1/-........ every additional page,
LYRICS .......... Rs. 10/- ..... per lyric.
MUKHDA ......... Rs. 5/- ...... per mukhda.
j)

No Registration of the Members work sent by post, shall be done.

k)

Conveyance as fixed by the Managing Committee, shall be paid to the

registration Officer.

4.

DISPUTE SETTLEMENT COMMITTEE:

The Managing committee shall constitute a sub-committee for the
purpose of setting disputes between a member and his employer or
between a member and member, in which the Association is directly or
indirectly involved.

1)

The sub-committee shall comprise of a Chairman, a Convenor and a

maximum of five other members. The President and Hon. Gen.
Secretary shall be ex-officio members.

2)

The sub-committee shall be constituted by the members of the

Managing Committee by consensus of opinion or by election.

3)

The Dispute Settlement Committee shall generally have two meetings

in a month. But the convenor shall have the power to call an
emergency meeting in case the circumstances so warrant and the
convenor is convinced that the compliant is of an urgent nature.

4)

All the members of the Dispute Settlement Committee shall be entitled

to get conveyance for attending the meeting, fixed by the Managing
Committee.

5)

The venue of the settlement of disputes shall be the office premises of

the Association or such other place or places as the dispute Settlement
Committee may decide from time to time.

5.

SETTELMENT OF THE DISPUTES (GUIDE LINES)

a)

Any member aggrieved or having claim in respect of a co-member or

his/her employer etc. as stated above shall lodge a complaint with the
Association setting out facts in details, supported by Registered copy of
the work, copies of the documents relied on by him/her and list of
witnesses which he/she may like to produce before the Dispute
Settlement and/or adjudication of his/her dispute or claim.
(EXPLANATION) : Member shall mean and include his/her legal heirs
and successor in case the claim is for the dues of a deceased member.
The claimant has to have nomination or authorization of the deceased
or a succession certificate.

b)

The Association shall, on the receipt of the said complaint issue notice
to the other party inter-alia enclosing copy of the complaint to obtain a
replay to the same, within ten days of the receipt of the said complaint
and subsequently fix a date and inform the parties as to when and
where the dispute shall be taken up for settlement.

c)

On the date fixed, the Dispute Settlement Committee shall here the
parties, record their statements, scrutinize their documents and record
evidences if necessitated and thereafter proceed to settle the dispute.

d)

In case, on the date fixed, if only on of the parties is present, the

Committee shall adjoum the said case to another date. And in case, on
the second date so fixed, the same party does not attend, the Dispute
Settlement Committee shall send a final Registered Ack. Due letter,
Specifying that ex-parte decision shall be taken by the Dispute
Settlement Committee in case the Party fails to attend even the third
and final meeting and the D. S. C. shall act accordingly.
In case, the complainant remains absent for two consective meetings
the complaint shall be kept in abeyance until the complainant satisfies
the D. S. C. with reasons for having been absent twice.

e)

The decision of the D. S. C. shall be conveyed in writing to the

contesting parties with in three days of the decision.

f)

The decision shall be binding on the parties save and except their right
to appeal to the Managing Committee.

g)

Any member complainant, not satisfied with the decision of the D. S. C.

has the right to appeal against the decision to the Managing Committee
one month from the receipt of the decision. The Managing Committee
before hearing the said appeal shall take a solemn undertaking, in
writing, from the Member appeallant that he/she shall abide by the
decision of the Managing Committee.

h)

In case the employer goes the court of law against the decision of the
Association, the association shall defend the case concerned but the
member shall have to defend the case against him at his own cost and
consequence.

i)

In case any member or members of the Dispute Settlement Committee

happen to be connected with the film in question in any capacity or its
producer against whom the dispute is being processed, the said
member/members shall be debarred from participating in the case. In
such a case the Managing Committee shall nominate other
member/members from out of the Managing Committee in his/their
places in that particular case.

j)

In the event of any dispute in respect of the copyright of a particular

script or lyric, where two similar scripts or lyrics are involved and the

Association is called upon to decide as to who is the actual another

entitled to ownership of copyright, the same shall be decided, on the
basis of the Registration i. e. the script or lyric registered prior in date
or in time by the writer, shall be considered as the bonafide copyright
owner.
k)

In addition to the above clause 5/(H), if the shooting has been started
or the song has been recorded, but the producer has failed to make
any significant progress for a period of one year then, in the case, the
producer shall pay the balance amount in full or in installments as per
the decision of Dispute Settlement Committee, else the copyright of the
written work shall be transfered back to its writer and the producer
would have no claim against it whatsoever.
In case of a dispute between the script writer and the producer, the
dialogue writer and the lyricist shall not be instructed by F. W. A. not to
co-operate with the producer and likewise in alternate cases. However,
in complex cases, wherein the nature of assignment overlap or story,
scenario and dialogue are by one writer alone the D. S. C. can
recommend the Managing Committee to issue directives to all, for nonco-operation.

6.

APPEAL :

a)

Upon entertaining an appeal the Managing Committee of the

Association shall appoint an Appellate Board which shall comprise of
not less than three members of the Managing Committee, one of whom
shall be designated as Chairman. The convenor of the D. S. C.,
however, shall have to 1. attend appellate Boards meeting to explain
and defend the decision of the D. S. C. Further to it, the Managing
Committee has the power to convert itself into Appellate Board, if it so
decides.

b)

The Appellate Board shall meet once in a month of there is an appeal

pending.

c)

The Managing Committee shall take an irrevocable written commitment

from the appellant that appellate Boards decision shall be binding
upon him/her as stated above in cause 5(g).

d)

The Appellate Board shall hear the appeal against the decision of the
Dispute Settlement Committee within one month. The Managing
Committee however, shall refuse to entertain any appeal which is not
field within one month of the decision of the Dispute Settlement
Committee.

e)

The Board shall decide the appeal on the basis of the record produced
before the Dispute Settlement Committee. The Board in its decision
may allow the parties to introduce fresh documents and witnesses, in
the interest of justice and equity.

7.

LOAN

a)

Only one year old regular life member shall be entitled to approach the
Managing Committee for a loan.

b)

The applicant has to record the duration of the loan and commit in
writing the expected date of the repayment of the loan.

c)

The Managing Committee shall have the power to sanction the loan not
exceeding Rupees Ten Thousand.

d)

NO further loan shall be granted to a member who is in arrears of a full

or part of the previous loan.

e)

The Managing Committee shall have the power to refuse any such
loan. Without assigning any reason to the applicant.

8.

FINANCIAL AID

a)

All members excluding, fellow members shall be entitled to ask for

financial aid, not exceeding Rs. 5000/-. In an emergency, depending on
the particular case, after proper enquiry and upon presenting the
required certified documents and in case Cancer or heart ailment the
member shall be entitled to ask for financial aid not exceeding Rs.
10,000/- (Rs. Ten Thousand Only.)
(Amended by the General Body Meeting held on 5th Oct. 2003.)

b)

A sum of Rupees Five thousand shall be offered to the next of kin of

the deceased member at the earliest.

c)

The Hon. Gen. Secretary shall have the right to grant upto Rupees Five
thousand only in an Emergency case but he will have to ratify his
sanction in the following Managing Committee meeting.

d)

The Managing Committee shall have the right to refuse any applicant
for Emergency Relief without having to assign any reason for it to the
applicant.
THE FILM WRITEWRS ASSOCIATIONS
MEDICAL RELIFE SCHEME

(a)

FUNDS : Total annual disbursement amount shall not exceed 20% of

the excess of income over the expenses amount shall be declared in
the every first meeting of the Meeting while electing the special subcommittee for the operation of the scheme.

(b)

AUTHORITY : The scheme will be operated and managed by a subcommittee comprising of the following :

a)
b)
c)
d)
e)
f)

President of F. W. A.
One Vice-President of F. W. A.
General Secretary of F. W. A.
Hon. Treasure of F. W. A.
One member representing Regular Members
One member representing Associate Members

(c)

This scheme is exclusively meant for rendering medical assistance to

the members of the Association, who are eligible for such aid as per
the rules of this scheme. No member can avail of this scheme for
his/her spouse or dependant.

(d)

ELIGIBILITY : Member who satisfies any of the following conditions :

I)
II)
III)

a member whose membership is five years old

a member who has three films to his/her credit
a member whose subscription is not in arrears

NON-ELIGIBILITY :

(e)

I)

a member whose loan repayment is due for more than two

years.

II)

A member who is employed elsewhere or carrying on any other

profession or business, as well

The committee should consider all applications in its monthly meeting

to be held half an hour before the Managing Committee Meeting.
The committee should insist upon reimbursing paid up medical or
hospital bills, supported by certificates of the qualified doctor.

(f)

In exceptional emergency the Hon. Gen. Secretary is empowered to

give an ad-hoc aid not exceeding Rs. 500/- in consultation with the
President or Hon. Treasure.

(g)

If a beneficiary of this funds wants to reimburse in full or part of the

amount, he/she received in the past under the scheme, the Committee
should accept it as a donation with thanks. And the said persons name
should be announced in Annual General Body Meeting.

10.

EMERGENCY RELIFE FUND

a)

A Sum of rupees Three Lakhs shall be kept Permanently reserved

in the Fixed Deposit Account, in any schedule Bank as the
Managing Committee deems fit. The interest accured from the F. D.
a/c shall be spent only for the payment in any emergent financial
situation of a member.

b)

11.

If in any emergent fund is not available the Managing Committee

shall have the power to draw upon some other fund reimburse the
same when the financial situation of the Fund normalizes.
CONVEYANCE :

a)

Conveyance as decided by Managing Committee, shall be paid to

members attending Managing Committee meetings, sub-Committee
meetings and to any member commissioned to do some F. W. A. s
work.

b)

No member shall be entitled to more than one conveyance amount

for attending more than one meeting on a single day and at the
same place.

12.

ANNUAL AWARDS :
a)

Trophies shall be awarded to at least three members on the day of

the Annual General Body Meeting of the Association.

b)

The selection of the members shall be decided upon by the

Managing Committee taking into consideration, primarily, the long
standing services of the member to the art and craft of filmwriting;
so also his, meritorious contribution.

c)

The Hon. Gen. Secretary shall prepare a list of deserving writers,

talking into consideration the names of the writers proposed by
members in general, in writing, at any time and present the list
before the Managing Committee, for final selection by general
consensus.

d)

In addition to the Trophy, the members selected shall be presented

with a shawl, cheque of a token amount, to be decided by the
Managing Committee, and a citation.

e)

The name, if any, and the design of the Trophy and its cost shall be
decided by the Managing Committee.
-----------------------

TERMS OF A CONTRACT
Section 19 of the which deals with the Assignment of Right has also
been substituted so as to articulate more clearly the Rights which can be
assigned by the holder of Copyright.
There has to be a CONTRACT IN WRITING SIGNED BY THE
ASSIGNOR so as to VALIDITY ASSIGN ANY RIGHT.
2. Even in such a Contract the WORK BEING ASSIGNED HAS TO BE
INDENTIFIED.
3. Further, even after identifying the work, the contract has to SPELL
OUT AND SPECIFY THE RIGHTS BEING SO ASSIGNED IN SUCH A
WORK.
4. The Contract has to SPECIFY THE DURATION OF ASSIGNMENT.
5. The contract has to SPECIFY THE TERRITORIAL EXTENT OF
ASSIGNMENT.
6. Even after assignment, the contract should also STATE THE AMOUNT
OF ROALTY PAYABLE, IF ANY, TO THE AUTHOR OR HIS LEGAL
HEIR DURING THE PERIOD OF ASSIGNMENT.
7.

The above assignment SHALL BE SUBJECT TO REVESION,

EXTENSION OR TERMINATION ON TERMS MUTUALLY AGREED
UPON BY BOTH THE ASSIGNORS AND ASSIGNEE.

NOTE: Where the Assignment is vague and not specific the Assignment
Clause provides 3 other safeguards in favour of the writer.
Where after having taken the Assignment of Rights from the Assignors, the
Assignee does not exercise the Rights so assigned WITHIN 1 YEAR FROM
THE DATE OF ASSIGNMENT, the Assignment will BE DEEMED TO HAVE
LAPSED UNLESS OTHERWISE SPECIFIED IN THE ASSIGNMENT.
Where the TERRITORIAL EXTENT OF ASSIGNMENT is NOT STATED it
SHALL BE DEEMED TO BE FOR 5 YEARS.
Where the TERRITORIAL EXTENT OF ASSIGNMENT is NOT STATED IT
SHALL BE DEEMED THAT THE ASSIGNMENT EXTENDS ONLY WITHIN
INDIA.
The End