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Section 9

The Assam Mobile Theatre (Regulation and Artists' Welfare Fund) Act, 2010State Act of Assam · Act 26 of 2010

(1) Every Mobile Theatre Groups shall endeavor to protect and preserve the cultural heritage of Assam and all programmes produced by the Mobile Theatre Group shall be devoid of vulgarity and obscenity. An undertaking to this effect shall have to be given by the producer before the Director in the prescribed form at the time of final registration of the Mobile Theatre Power of inspection and enquiry

(2) If any public opinion is created or any complaint or other information is received by the Director, against any Mobile Theatre group that the Mobile Theatres group has violated the provisions made in the undertaking given under sub-section(l), the Director may get the complaint or information as the case may be, verified by a group of experts as he may appoint for the purpose and on receipt of the report from the expert group, if the Director is satisfied that the Mobile Theatre group has actually produced a programme or scene containing vulgarity or obscenity, he may issue a notice to the Mobile Theatre group furnishing a copy of the report of the expert group to desist from showing such a programme or scene as the case may be, which shall be binding on the Mobile Theatre group. Non-compliance of such direction of the Director may be a point for refusal of renewal of registration to the concerned Mobile Theatre group in the next year.

Moreover the concerned producer of such Mobile Theatre group defying such direction may also be treated as disqualified for producing a Mobile Theatre in future:

Provided that refusal of renewal of registration or registration on the ground of non-compliance of the direction of the Director under this section, shall be communicated in writing to the concerned Mobile Theatre group or to the concerned producer as the case may be.

10. Nothing in this Act or any other law for the time being in force, shall prevent the Director or the Government or any person or authority as may be authorized by the Director or the Government as the case may be, to make any inspection or carry on any enquiry in any matter pertaining to the Mobile Theatre group for the purpose of smooth implementation of this Act.

Establishment 11.(1) The State Government shall, by Notification in the Official Gazette of Artists’ Welfare Fund constitute a Fund to be called the Artists’ Welfare Fund, for the welfare of the artists of Mobile Theatre in Assam, with effect from the commencement of this Act.

(2) There shall be credited to the Fund,-

(a) All sums of money collected by way of registration fees and renewal fees of the Mobile Theatres under sections 3,4 and 5;

2228 _ THE ASSAM GAZETTE. EXTRAORDINARY. SEP T E M B E R 20 10----------

(b) The amount of Government subscription made annually, against registration and renewal of the Mobile Theatres in a year, which shall in no case be less than the amount collected under clause (a) of this sub-section ;

(c) All sums of money collected/deposited by way of fine under sub­ section (3) and (4) of section 7 and section 8, as the case may be ;

(d) Any other donation, contribution or subscription made by any person, body, authority or committee, or grant, if any, made by the Government.

Utilization 12.

of the Artists’ Welfare Fund The Artists’ Welfare Fund shall be utilized for giving periodical or one time financial assistance to the artists of the registered Mobile Theatre in Assam in case of urgent need of money on the following reasons :-

(i) For the purpose of his own or his family member’s medical treatment due to illness of serious nature;

(ii) If the artist becomes incapable of performing in the Mobile Theatre due to his illness, old age or other physical disability or mental incapacity ;

(Hi) Any other cause for which urgent financial assistance to the concerned artist, is considered to be necessary by the Artists’ Welfare Fund Committee.

Explanation For the purposes of this section the words “family member” shall mean an include the wife or husband, dependent parents and non earning sons and daughters of the artists and the word “parent” shall include the step parents also.

Constitution 13.(1) The State Government shall constitute, by notification in the Official of the Artists’ Gazette, with effect from such date as may be specified therein, a Welfare Committee to be called the Artists’ Welfare Fund Committee.

Fund Committee

(2) The Committee shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and shall by the said name, sue and be sued.

(3) The Committee shall consist of, -

(a) Seniormost Secretary to the Government of Assam, Cultural Affairs Department.

(b) Director, Cultural Affairs, Assam

(c) Two representatives of the All Assam Mobile Theatre Producers Association.

(d) Two eminent Theatre personalities.

(e) One representative of the Finance Deptt./or Director of Accounts, Assam.

(f) One representative of the Deptt. of Public Enterprises.

- Ex-officio Chairman - Member-Secretary - Members - Members - Member - Member THE ASSAM GAZETTE. EXTRAORDINARY, SEPTEMBER 7, 2010 2229

(4) The term of the non-official members shall be for a period of three years from the date of notification:

Disqualification and renewal of nominated members

Provided that any member completing the three years term may be renominated by the State Government for another period of three years.

14. No person shall be nominated and continue as a member of the Committee if he, --

(a) is of unsound mind and stands so declared by a competent Court; or

(b) is, or at any time has been, adjudicated insolvent; or

(c) is or has been convicted by a Criminal Court for an offence involving moral turpitude, unless such conviction has been set aside ; or

(d) is a defaulter to the Fund.

Resignation and Casual Vacancy

15.(1) Any non official member of the Committee may resign his office by giving two months notice in writing to the Chairman of the Committee and on such resignation being accepted by the Chairman, the said member shall be deemed to have vacated his office.

(2) If any member of the Committee becomes subject to disqualification under section 14 or is absent without leave from three consecutive meetings of the Committee, his seat shall thereupon become vacant.

(3) A vacancy of non official member arising under sub-section (1) and (2) shall be filled as soon as possible in the same manner and for the same term or duration as in sub-section (4) of section 13.

Act of Committee not to be invalidated by vacancy, defect, irregularity Vesting and 17.

application of the Fund

16. No act done or proceedings taken, under this Act or the rules made there under, by the Committee shall be invalid merely by reason of, --

(a) any vacancy or defect in the constitution of the Committee; or

(b) any defect or irregularity in the nomination of any person as a member thereof; or

(c) any defect or irregularity in such proceedings not affecting the merit of the case.

The Fund shall vest in and be held and applied by the Committee subject to the provisions and for the p urposes of this Act.

Functions of the Committee

Where this provision sits

ActThe Assam Mobile Theatre (Regulation and Artists' Welfare Fund) Act, 2010
Section9
JurisdictionState of Assam
StatusIn force as published by the source

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