Bye Laws

THE OBJECTIVES OF THE ASSOCIATION SHALL BE AS FOLLOWS

a) To organize and unite WICA members consisting of Cinematographers, Camera Assistants, Camera Operators, Steady-cam Operators & other Operators of various Camera Support Systems & Camera Attendants, engaged in the Motion Picture / Fiction & Non-Fiction Films and the Television Industry in the entire State of Maharashtra, Gujarat and in all other contiguous states that may have been formed or separated hereafter and to regulate their professional relations with their Employers, Producers, Corporate Production Houses, Advertising Agencies, Event Management Companies and Television Channels.

b) To secure to the members, fair conditions of life and services.

c) To try to redress their grievances and complaints.

d) To try to standardize minimum wages and contractual remunerations and to revise the changes from time to time.

e) To endeavor to settle the disputes between the employers and the employees and with other members amicably so that any cessation of work can be avoided.

f) To endeavor to secure compensation for the members in cases of accidents under the Workman’s Compensation Act, or under any other relevant Act, enforced at the time or wherever it does not exist, as amicably as possible.

g) To endeavor to provide financial assistance against sickness, infirmity, old age and death.

h) To provide legal assistance to members in respect of matters arising out of or incidental to their employment.

i) To endeavor to render aid to members during any labor strike or lock-out brought about, with the sanction of the Association.

j) To obtain complete information in reference to Motion Pictures and the Television Industry in India and abroad.

k) To co-operate and to federate other organizations with similar aims and objects on all India basis.

l) To help in accordance with the Indian Trade Union Acts, the working classes in India and outside in the promotion of the objects of the Association as mentioned in the rule book.

m) Generally to take and adopt any such steps as may be necessary to ameliorate the working conditions of the members.

n) To provide facilities for training of the members in the techniques of CINEMATOGRAPHY by holding lectures, demonstrations and workshops and by any other relevant means to maintain and to inculcate high professional standards.

o) To publish and maintain a Journal for the purpose of propagating any or all objects of the Association.

p) For achieving the objectives, the Association, may setup and organize centers in other parts and territories as referred to in clause


 

DEFINITION OF A CINEMATOGRAPHER

The word CINEMATOGRAPHER wherever used shall mean to include all technically qualified persons using Motion Picture or Digital or Electronic Media Systems or any other New Media for Image Creation / Acquisition / Capture.
(a)  It shall be the duty of every member to pay his/her subscription fees regularly at WICA office. Any member guilty of willfully evading or delaying payment, shall be dealt with as the Managing Committee may deem fit and proper, but under all such circumstances the member shall be held responsible for the payment of all his dues on time.

(b) No member shall accept employment or sign any contractual agreement with any Studio / Production House / Producer / TV Channel / Event Management Company and/or with any such person, where a state of dispute between the Producer or with the management of the said Studio / Production House / TV Channel / Event Management Company and/or with any Cinematographer or with any Assistant Cameramen and/or with any such person exists, unless WICA issues a NOC.

(c) Every person upon being admitted as a member of the Association, shall be deemed to agree and abide by the rules of the Association in every respect and shall become liable to forfeit his/her membership at any time, if in the opinion of the Managing Committee, such member has failed to abide by the rules of the Association; provided that before arriving at a decision, the Managing Committee must have given adequate opportunity, to the concerned member, to explain his/her case before the Managing Committee to be ratified in the forth coming AGM.

(d) The Managing Committee shall be within its full rights to refuse to consider any application for admission without assigning any reason whatsoever.


 

MEMBERS

APPRENTICE  MEMBER: Any person who has passed the 10TH Standard Exam and wishes to become a Cinematographer and has attained the age of Eighteen (18)  Years, he/she shall be entitled to apply for the Apprentice Membership, which is subject to the acceptance and approval by the Enrollment Committee after he/she has gone through the successful interview and upon the payment of the admission fees of Rs.5000/- and the person also agrees to abide by the existing rules and bye-laws of the Association. An Apprentice Member does not have any Voting Rights and does not qualify for any of the Welfare Privileges provided for the Junior, Associate & Active Members of WICA. JUNIOR  MEMBER: Any person or an Apprentice Member who has one year of Practical Experience in the art of Cinematography or has successfully completed a ‘Cinematography Course’ from a reputed Institute or Academy; and has attained the age of Eighteen (18)  Years he/she shall be entitled to apply for the JUNIOR GRADE Membership provided he/she submits his/her proof of experience/WICA Certificate, which is subject to the acceptance and approval by the Enrollment Committee after he/she has gone through the successful interview and upon the payment of the Admission Fees and the yearly Subscription Fees prevailing at that time and the person also agrees to abide by the existing rules and the bye-laws of the Association. ASSOCIATE  MEMBER: Any person, who has the qualification to be a qualified Cinematographer from any recognized Film Institute like FTII, SRFTII, LV PRASAD, BIJU PATNAIK FILM INSTITUTE, WHISTLING WOODS Etc; or from any other similar recognized Film School, will be given Associate Membership.

Any person who has been working in the Film Industry as a Junior Grade Member for Two Years and wishes to upgrade is entitled to become an Associate Member provided his/her application along with proof of his/her work experience as Junior member satisfies the Enrollment Committee and the committee finds him/her to be qualified enough to be upgraded to an Associate Member and upon the payment of the admission fees and the yearly subscription fees prevailing at that time and the person agrees to abide by the existing rules and bye-laws of the Association.

But it is mandatory for any Person / Member who has an independent project to do as an Operative Cameraman or DOP has to apply for an Associate Membership along with the payment of the admission fees and the yearly subscription fees prevailing at that time, and the person agrees to abide by the existing rules and bye-laws of the Association. ACTIVE  MEMBER Any person who has been Associate Member for a minimum of Two Years and wishes to upgrade his/her membership to become an ACTIVE MEMBER is entitled to apply, provided his/her application along with proof of his/her work experience as Junior/Associate member satisfies the Enrollment Committee and the committee finds him/her to be qualified enough to be upgraded to an Active Member and upon the payment of the upgrading / admission fees and the yearly subscription fees prevailing at that time, the person agrees to abide by the existing rules and bye-laws of the Association.

Any person who has been working as a qualified Cinematographer is entitled to become an ACTIVE MEMBER provided his/her application along with proof of his/her work experience or a signed agreement / contract as Cinematographer satisfies the Enrolment Committee and the committee finds him/her to be qualified enough to be upgraded to an Active Member and upon the payment of the upgrading / admission fees and the yearly subscription fees prevailing at that time and the person agrees to abide by the existing rules and bye-laws of the Association.

It is mandatory for any person/member who has independently shot Two Feature Films or Two Daily Soaps or Two Multi-Camera Shows, or Two Reality Shows or over Twenty Advertising Commercials, as a Director of Photography to apply for Active Membership along with the payment of the admission fees and yearly subscription fees prevailing at that time, and the person/member agrees to abide by the existing rules and bye-laws of the Association.

It is mandatory for any member from the other Regional Cinematographers Association who has shot One Feature Film / One Daily Soap / One Reality Show / One Multi-Camera show or over Ten Advertising Commercials in Mumbai Film Industry to apply and become the ACTIVE MEMBER of WICA by paying the admission fees and yearly subscription fees prevailing at that time and the member agrees to abide by the existing bye-laws and the rules of the Association. CAMERA  ATTENDANT  MEMBER: Any person who has attained the age of Eighteen (18)  Years and is an employee of an Equipment Hire Rental House, he/she shall be entitled to apply for the Camera Attendant Membership, upon the recommendation of his/her Employer and also by the Active/Associate Member of WICA, which is subject to the acceptance and approval by the Enrolment Committee; after he/she has gone through the successful interview and upon payment of the admission fees and the yearly subscription fees prevailing at that time and the person agrees to abide by the existing rules and the bye-laws of the Association.  An Attendant Member does not have any Voting Rights. TEMPORARY  MEMBER (RENEWABLE)  Any person who is not an Indian Citizen, but he/she is holding PIO Status Card, issued by the Government of India and if he/she desires to work in the Mumbai Film Industry as a Director of Photography or as an Operative Cameraman or as a Chief Assistant Cameraman, on any project, such as, Feature Film, Advertising Commercial, Corporate Film, Documentaries or on any such Relevant Projects, he/she shall be entitled to apply for a Renewable Temporary Membership; which is subject to the approval of the Enrollment Committee and it shall be issued by the Association for a period of One Year Only, which is renewable after the term expires. The applicant will have to provide the true copy of the valid PIO Status Card along with his/her application and upon the payment of the fees approved by the Enrollment Committee the person agrees to abide by the rules and the bye-laws of the Association. The Temporary Member does not have any Voting Rights and does not qualify for any of the welfare privileges provided for the Junior/Associate/Active Members of WICA. TEMPORARY MEMBER(LIMITED)  Any person who is not an Indian Citizen and he/she desires to work in the Mumbai Film Industry as a Director of Photography, or as an Operative Cameraman, or as a Chief Assistant Cameraman on any project, such as, Feature Film, Advertising Commercial, Corporate Film, Documentaries, or on any such relevant projects, he/she will be entitled to apply for a Limited Temporary Membership; which is subject to the approval of the Enrollment Committee and the same shall be issued by the Association for a specified period only, depending upon the period mentioned on his/her Valid Work Permit or Visa. The applicant shall provide the copy of his/her valid work permit/visa issued by the Indian Government, along with the application and upon the payment of the fees approved by the Enrollment Committee and the person agrees to abide by the rules and bye-laws of the Association.

The Limited Temporary Member does not have any Voting Rights and does not qualify for any of the welfare privileges provided for the Junior/Associate/Active Members of WICA.

Any Non Indian Citizen will not be permitted to work on a Tourist or Business Visa. He/she must have a time bound, valid work permit issued for a specific project and the same endorsed on his/her Passport by the Government of India.

Any Non Indian Citizen will not be permitted to work on a Tourist or Business Visa. He/she must have a time bound, valid work permit issued for a specific project and the same endorsed on his/her Passport by the Government of India.

Any person found working without a valid WICA Membership Card/Temporary Membership Card; he/she will be penalized by the Vigilance Committee according to the rules passed by the AGM.

Any member’s (Permanent/Temporary)  activities should not be in conflict with the aims and objects of the Association and if any such activity is noticed by the Association or brought to the notice of the Association, the Managing Committee shall be at liberty to penalize and/or expel the member from the Membership of WICA, after allowing the member to present his/her case in front of the Managing Committee. To be ratified by the AGM.

An Active/Associate Member from the other Regional Cinematographers Association, will be permitted to shoot for One Feature Film / One Daily Soap / One Reality Show / One Multi-Camera Show or Ten Advertising Commercials in the Western Zone / Mumbai, provided he/she employs at least One Assistant who is a WICA Member for his/her projects and the Active/Associate Member from the other Regional Cinematographers Association will have to become a Permanent Member of WICA after he/she has completed the above mentioned projects in Western Zone / Mumbai.


 

LIFE MEMBER/HONORARY LIFE MEMBER

That with a view to honor certain past and present Senior Members of WICA and some deserving members from the fraternity who have contributed significantly for the betterment of Cinematography and Cinematographers, two new memberships have been created known as LIFE MEMBER and HONORARY LIFE MEMBER.

LIFE MEMBERSHIP shall mean and include: That he/she should have completed Seventy (70)  Years of Age.

i) That he/she must have a paid un-interrupted membership of at least Twenty (20)  Years during the period of his permanent membership and his subscription is paid up to date till he has attained the age of Seventy (70)  Years.

ii) That the Life Member shall have Voting Rights and qualifies for all the welfare privileges provided for the Junior / Associate & Active Members.

iii) That a Life Member qualifies for the Retirement benefit and is exempted from paying any Subscription Fees thereafter. HONORARY LIFE MEMBER shall mean and include:- The Managing Committee has the discretion and the authority to grant Honorary Life Membership to any deserving person who has contributed significantly for the betterment of Cinematography / Cinematographers and for his / her contribution to Cinema. SENIOR  MEMBER (Notwithstanding anything said earlier regarding subscription fees, any permanent member such as  the Attendant / Junior/ Associate or Active, who have attained the age of Sixty (60)  Years, are supposed to pay Only Rs.240/- as their Yearly Subscription Fees.


 

FINES AND FORFEITURES

Any Member who fails to pay his/her Yearly Subscription Fees after the twelve (12)  months of grace period granted by the Managing Committee on request or three (3)  months without the permission of the Managing Committee, that member shall cease to be a member of the Association. But he/she shall be entitled to rejoin the Association after paying all the arrears/dues and a fresh Entrance/Re-admission fees (whatever the Enrollment Committee deems fit)  prevailing at that time.

Apprentice Members must apply for his/her up-gradation to the grade of Junior Membership/Renewal after completion of one (1)  year otherwise a fine of Rs.100.00 per month will be levied for the default period.

Notwithstanding the schedule of admission and the membership fees mentioned in Clause [5] and subject to the approval of the Managing Committee, any member, Excluding the Apprentice Member, he / she shall inform the Association in writing on becoming Temporarily Unemployed and shall submit an application to the Managing Committee. The Managing Committee should assess and decide on the merits of the case and reduction of the monthly subscription fees can be granted on a case to case basis for one year only. SUBJECT TO THE CONDITIONS AS FOLLOWS: Should it be discovered later that the member who has wrongly informed the Association of his/her un-employment or about the earned income from other sources, then he/she will become liable to pay the differences in his/her subscription fees and strict disciplinary action will be taken against him/her by the Managing Committee and Vigilance Committee.

On being re-employed or earning income from other sources, he/she will have to inform the Association within one month of such employment/earnings and after which he/she shall become liable to pay full membership fees from the date of his/her re-employment.

Such member whose name has been struck off from the register for non-payment of his/her dues but the member has a valid reason, may be re-admitted on his/her written request submitted to the Managing Committee along with the proof of his/her inability to pay the subscription fees for such period. Enrollment Committee after studying the merits of the case may consider his/her re-admission upon the payment of all the arrears and re-admission fees after the realization of his/her remuneration from the producer concerned or when he/she has earned some income from other sources or may refer the case to the Managing Committee if the case is found to be complicated.

The Managing Committee may consider such cases as they may deem fit. However any member availing the above mentioned facility will not be entitled to avail any benefits offered by the Association as it is for Uninterrupted Membership holders only; whereas this obligation will be considered as an Interrupted Membership.


 

BENEFITS

WICA will provide certain Financial Benefits to its Members: To claim these scholarships the child of the Member has to score more than  (75 %)   Marks in their Final Exams.

1st  Std  to  9th  Std  : Rs.2,100.00

10th  Std. : Rs.3,100.00

11th  Std  &  12th  Std. : Rs.5,100.00

1st  Year  &  2nd  Year of Degree Course : Rs.7,500.00

Final Year of  Degree  Course  : Rs.15,000.00

Govt.  Recognized Diploma Course : Rs.11,000.00

KANYADAAN: To claim this Benefit the Girl has to be Eighteen (18)  Years and Above.

KANYADAAN : Rs. 21,000.00 MEDICAL AID: To claim this benefit Members have to submit the Doctors prescription with original hospital bills, medical test reports and medicine bills etc.

MEDICAL  AID  : Rs. 15,000.00 MEDICAL AID: To claim this benefit Members have to submit the Doctors prescription with original hospital bills, medical test reports and medicine bills etc.

MEDICAL  AID : Rs. 15,000.00 DEATH  COMPENSATION: To claim this benefit the claimant has to submit Death Certificate of the deceased member with copy of the Will or an Undertaking in writing that the Claimant is the sole inheritor of the deceased member.

ACTIVE MEMBER : Rs.100,000.00
ASSOCIATE MEMBER :  Rs.80,000.00
JUNIOR MEMBER  : Rs.70,000.00
ATTENDANT MEMBER : Rs.60,000.00

No member shall be entitled to any benefits except Death Compensation, unless he/she has been a member of the Association for at least FIVE (5)  YEARS and his/her subscription fees is paid up to date and he/she does not have any financial dispute with any Co-member of the Association.

Any existing member of the Association who is in arrears of his/her subscription fees/dues and/or has any dispute amount to be paid to any Co-member of the Association, shall not be entitled to any kind of benefits, until all his/her arrears/penalties and dispute amounts have been paid in full and he/she will not be eligible for any benefits for the number of years he/she had been the defaulter.

To be eligible for the Death Compensation the deceased member must have his/her un-interrupted membership for at least Twenty (20)  Years. Those members who have paid their uninterrupted membership for Twenty (20)  Years will be considered for the Death Compensation and Other Benefits. The Managing Committee shall have the right to reduce the time limit in case of an Untimely Death By Accident Only.  Death compensation amount will be disbursed to the Nominee whose name is given by the deceased member in his/her Admission Form. WICA will send the compensation Cheque to that Nominee.

In case of no nominee, the legal heir according to the Will shall be eligible to receive the Death Compensation, provided that, a letter of request and an attested Copy of the Will are submitted to WICA. In case of no nominee and no Will, the dependents from the family will have to give in writing an undertaking to WICA that the said dependent is the Sole Inheritor of the deceased member’s properties and assets and no other claim whatsoever will be entertained thereafter.

In case of any member being terminally ill and/or if he/she desires to claim the Death Compensation at that time. The Managing Committee can sanction Fifty 50% Percent of the Death Compensation after considering his/her case. But after claiming this compensation the member will not be eligible for any other benefits. This Fifty Percent (50%)  Compensation will be treated as the Full and Final Payment of his/her Death Compensation.

Any member such as the Attendant / Junior/ Associate or Active, who has paid un-interrupted membership of at least Twenty (20)  Years at a stretch during the period of his permanent membership and his subscription is paid up to date till he has attained the age of Seventy (70)  Years will be given the Death Compensation amount in their life time along with the Life Membership.

To be eligible for KANYADAAN the member must have his/her un-interrupted membership for at least FIFTEEN (15)  YEARS. Members are eligible to claim Kanyadaan only once and to claim Kanyadaan members are supposed to submit the Original Wedding Card along with the Receipt of the booking of the Marriage/Wedding Hall/Venue. In case if the booking receipt is not available, the member can claim amount after the performance of marriage, by submitting true copy of the Marriage Registration Certificate of the Wedding.

To be eligible for the grant of the Student SCHOLARSHIP the member must have his/her Un-interrupted Membership for at least FIVE (5)  YEARS. The Scholarship will be given only thrice to any member.


 

REGISTER OF MEMBERS

The Association shall keep a Register of Member’s records, which will have details of all the members such as; their names, date of birth, membership number, date of enrolment, current residential address, contact numbers, e-mail Ids, names of their nominees and other relevant details. All the members must update their contact details in case of any changes in writing personally or by e-mail immediately to WICA office.

The Register of Member’s records shall be open for inspection by any member or Office Bearers of the Association at WICA office, during working hours on any week days, excluding Sundays and Listed Holidays.

Any member wishing to upload their recent professional portfolio on the WICA Website i.e., on www.wica.in  will have to fill in the prescribed form which is available in the Association Office.

The Association shall always have One President, Two Vice Presidents, One General Secretary, One Treasurer, Two Secretaries and not more than Thirteen (13) Members of the Managing Committee. They shall be duly elected at the WICA Annual General Body Meeting. The election for the posts of seven office bearers and for the posts of thirteen Managing Committee members will be held once in Three Years. The term of the Managing Committee and the Office Bearers shall be for THREE YEARS consecutively, and only the Active and Associate members shall be eligible for the post of an Office Bearer


 

MANAGEMENT OF THE UNION

Subject to the provision of Section 21, of the Indian Trade Union Act: 1926, the affairs of the Association, financial and otherwise shall be conducted by the Managing Committee consisting of the seven (7) Office Bearers and not more than the thirteen (13) elected committee members who are elected once in three years at the Annual General Body Meeting of the Association. The same Managing Committee will continue to function until the new Managing Committee is appointed by the AGM.

Any Managing Committee Member, failing to attend FIVE out of TWELVE Meetings or consecutively THREE Meetings of the Managing Committee during the current year, shall be expelled and treated as a non-member of the Managing Committee and another suitable member of the Association will be co-opted in his place, and the expelled member will not be eligible to contest the elections in the next election. However, Leave of Absence will be granted to the members for authentic reasons only, whereas the onus is on the member to intimate either by E-mail/SMS or by a personally written note/personal phone call to WICA office or to the General Secretary of his inability to attend the meeting.


 

VACANCIES & REMOVALS

(i) Should any vacancy occur, among the Office Bearers or among the elected members of the Managing Committee, it shall be duly filled by the Managing Committee by co-opting any suitable / eligible member of the Association.
Apprentice Members must apply for his/her up-gradation to the grade of Junior Membership/Renewal after completion of one (1) year otherwise a fine of Rs.100.00 per month will be levied for the default period.

(ii)Any Office Bearer of the Association or an elected member of the Managing Committee can be removed at the General Body Meeting of the members by a three fourth majority attending the AGBM, for the reasons of committing any kind of financial fraud or having acted against the interest of the Association or members of the Association, provided the Office Bearer or the Elected Committee Member who is to be removed, is given adequate opportunity to defend himself for his misconduct before the General Body.


 

MANAGING COMMITTEE MEETINGS

(i)The Managing Committee shall meet once every month, on such days and at such place which may be fixed by the General Secretary in consultation with the President

(ii)The presence of at least One Third (1/3) members of the Managing Committee shall be necessary to form a quorum in the managing committee meeting and no quorum is necessary for the adjourned meeting.

(iii)At least Seven (7) days advance notice must be given / sent for the managing committee meetings to all managing committee members.

(iv)The Managing Committee can appoint Sub–Committees with specific delegated powers and headed by a Convener. The appointed Convener will preside over the Sub–Committee meetings. The appointed Sub–Committees shall have the like force of Committee Members and effectively they will be managed by the Managing Committee. The President and the General Secretary shall always be the Ex-Officio member of all Sub–Committees. One member of the Managing Committee shall be a member on a maximum of Any Two (2) Sub–Committees Only.


 

DUTIES OF AN OFFICE BEARER

The President and the Vice Presidents will preside over the meetings of the Association and of the Managing Committee, preserve orders, sign all minutes and shall be allowed to give casting vote only. The President only shall have the power, if necessary, to call any special Managing Committee meetings and/or whenever necessary to call any Special General Body Meetings of the Association. The Vice Presidents shall function in place of the President, during his absence only. But if the President or the Vice President is not present for the meeting, the quorum of members present shall have the power to elect a Chairman from amongst the members to conduct the present meeting only.


 

THE GENERAL SECRETARY

The Duties of the General Secretary in the Association are to take down minutes of the meetings of the Association and of all Committees, convene all meetings, communicate with all Members, execute all correspondence, supervise and maintain all accounts and exercise supervision over the entire affairs and all legal matters of the Association and also maintain correct accounts of all receipts, payments and expenditures of the Association. He shall be responsible for submitting within the stipulated period to the Registrar of Trade Unions the Association returns, documents, notices, accounts and miscellaneous instruments under the Trade Union Act, 1926. He shall have the power to engage/appoint in consultation with the President and subject to approval/confirmation of the Managing Committee, any assistants and/or office personnel for clerical purposes or otherwise, and all these assistants/office personnel and staff shall remain under the control of the General Secretary. The General Secretary shall delegate specific powers to both the Secretaries from time to time for the smooth working of the Association. The Managing Committee shall ask the General Secretary or in his absence, any one of the Secretaries, to duly enter all minutes in the books provided for the purpose of: –

(i) All resolutions and proceedings of the AGBM and all the meetings of the Committee and any such minutes, should be signed by the Chairman of all such meetings, or

(ii)By the Chairman of following meetings, shall be received as a prima facie evidence of all the written matters stated in the minutes.


 

THE SECRETARIES

The Two Secretaries of the Association shall generally help the General Secretary in all his work.  Any one of them shall perform the duties of the General Secretary during the absence of the General Secretary.


 

THE TREASURER

The Treasurer shall be responsible for all the monetary transactions of the Association, such as, for all sums of money which may from time to time, be received by the Association and for all sums of money which may from time to time, be expended by the Association. He shall be responsible for making payments towards all expenditures sanctioned by the Managing Committee. He shall not have any power to withdraw any money from the bank without first having the CHEQUES signed by the President or Vice Presidents or the General Secretary.


 

THE GENERAL BODY MEETINGS

The Annual General Body Meeting of all the members of the Association shall be held in the months of June / July to transact all official business of the house. In no case the General Body Meeting of the Association should be postponed beyond the month of August, except for some very specific and authentic reason only  and during the meeting session the following business shall be transacted:

(i) To Consider and if approved, to adopt the Managing Committee Report of the work done by the Association and to present to the members of the General Body the complete audited statement of accounts of the Association for the year/term.

(ii) To elect the Office Bearers and the Members of the Managing Committee for the full term of THREE (3)  YEARS.

(iii) Transact all the matters as listed in the Agenda and any other such matter that may be raised in the meeting with the Permission of the Chair.

(iv) To elect the Internal Auditors for the ensuing year from amongst the Members of the Association.

(v) The Election process of the Office Bearers and the Members shall be by Ballot Paper only and it will be held under the strict supervision of the Election Officers (Returning Officers)  appointed by the Managing Committee. The Election Officers shall exhibit the names of all the eligible candidates on the Association Notice Board. Sufficient time between submission and withdrawal of his/her nomination forms shall be given to the member, so as to hear any appeal from the rejected candidates. After the nomination withdrawal date, the final list of candidates shall be exhibited on the notice board of the Association. All those members who have paid their yearly subscription fees and dues up to date shall have Voting Rights. All the Nomination forms of the Office Bearers and the Managing Committee Members shall be proposed and seconded by Active Members of the Association only, whose subscription fees are paid up to date.

(vi) All subscription fees / dues should be paid up and cleared at least Fifteen (15)  Days Prior to the Election AGM. No subscriptions fees / dues will be accepted on the AGM Election Day.

The Election of the Office Bearers and of the Members of the Managing Committee will be held once in every THREE (3)  YEARS, that means, that the full tenure of the WICA Office Bearers and of the Managing Committee Members shall be for THREE (3)  YEARS ONLY.

(i) The President having the Discretionary Powers can call a Special General Body Meeting of the Association, whenever he may think necessary and he shall give a notice of not less than ten (10)  days to the members.

(ii) The Special General Body Meeting can be called by having at least One Fifth ( 1/5TH )  Majority of the total strength of the Association within twenty one days on the receipt of the said requisition.

(iii) At least Fifteen (15)  Days Prior Notice shall be given to all the Members of WICA for any General Body Meeting.

(iv) The presence of not less than One Fourth (1/4TH)  of members shall be necessary to form a Quorum for the Special or General Body Meeting. No Quorum is necessary for the adjourned meeting.


 

GENERAL FUNDS

The General Funds such as Fees, Fines and Penalties received from the Members, Educational fees charged for conducting Cinematography Courses for members and others, Donations received by conducting Technical Workshops, organizing demos of New equipment etc., Admission Fees and Subscription Fees shall be deposited in any bank or banks, approved by the Managing Committee in the name of the Association and all the transactions of such accounts shall be operated by Any (2)  Two of the Following Office Bearers listed below:

(i) PRESIDENT
(ii) VICE PRESIDENT
(iii) GENERAL SECRETARY
(iv) TREASURER

The WICA General Secretary and the Treasurer shall not keep more than Rs. 10,000.00 (Rupees Ten Thousand Only)  as petty cash in the Association for any current expenses.


 

OBJECTIVES ON WHICH GENERAL FUNDS CAN BE EXPENDED

Subject to the provisions, under the section 15 of the Indian Trade Union Act 1926, the General Funds of the Association shall not be spent on any other objects other than any or all of the following objects mentioned as hereunder:

(a) The payment of all expenses, salaries, allowances to the Staff, Office Bearers and the Managing Committee Members of the Association.

(b) For the payment of all the expenses for the administration of the Association including the auditing of the accounts of the General Funds of the Association.

(c) For the payment of all the expenses for prosecution or defense of any legal proceedings, to which the Association or any member is made party to, or for securing and protecting the entire rights of the Association or its members or for any such rights arising out of dispute of any member with his/her Employers / Producers / TV Channels / Corporate Production Houses / Advertising Agencies / Event Management Companies etc. All legal expenses spent will be recovered from the member concerned whose rights were being secured or protected and/or their disputes were being settled.

(d) For conducting of Trade Disputes on behalf of the Association or with any member thereof.

(e) For the compensation of members for the loss arising out of any official trade disputes.

(f) For Expenses / Allowances to the members or to their nominees/ dependents / claimants on account of the Member’s death, old age, accidents, sickness or Infirmity of the member.

(g) To undertake responsibility of covering insurance policies on the lives of the members, against sickness, accidents or personal injuries.

(h) For the provisions of educational scholarships for Members children or social benefits such as Kanyadaan to be disbursed as per the rules passed by the Managing Committee, prevailing at that time.

(i) To keep modern technical periodicals, books, magazines, audio-visual equipment etc., to update and educate the members about the latest technologies and advancement in the field of Cinema and Cinematography.

(j) For payments, in furtherance of any of the objects on which the general funds of the Association may be spent towards contributions for any such cause intended to benefit the members in general, provided that the expenditures shall not at any time exceed One Fourth (1/4th)  of the combined total of the gross income up to that time accrued to the general funds of that year.

(k) To undertake responsibility of covering insurance policies on the lives of the office staff of the Association against sickness, accidents or any personal injuries.

(l) Subject to any conditions contained in the notification and/or in any other objects notified by the appropriate authorities in the governmental agencies and in the official gazettes.


 

ANNUAL AUDIT

The Association shall make due provisions for the Annual Auditing of all accounts of the Association by any competent Auditors appointed by the WICA AGM, proposed by the Managing Committee in accordance with the rule 18 of the Mumbai State Trade Union Rules and Regulation Act 1927.


 

INSPECTION OF THE BOOKS OF ACCOUNTS

All the books of Accounts of the Association shall be available to any member, for inspection, at the office of the Association, during the working hours of the Association, on all working days, except Sundays and Listed Holidays.


 

AMENDMENTS OF THE RULES

The rules of the Association can be altered, amended, changed, replaced, abrogated or terminated and new rules can be added to the same at any time by a majority of members present at the Annual / Special General Body Meeting, provided that a prior written notice of at least Seven (7) Days be given to the members for the proposed amendments / alterations / additions / deletion etc., and the same be placed on the agenda of the AGBM / SGBM of the Association for its final decision and reservation.


 

DISSOLUTION OF THE ACCOUNTS

The Association cannot be dissolved, save and except by the vote of the majority of three fourth (3/4TH) of the members present in the Annual General Body Meeting and/or specially called in the AGBM for that purpose, provided the total number of votes casted for such issue in such meetings shall not be less than two third (2/3RD) of majority of votes of the total number of members present and only those members whose subscriptions are paid up to date as per the records of the Association. The funds of the Association after meeting all the liabilities shall be disposed off in accordance with the final decision of the Dissolution Committee.


 

MEMBERSHIP CARDS

The Membership Cards are available from the Office of the Association at a cost fixed from time to time. The member should always carry his/ her Membership Identity Card with them every time on all occasions.


 

LIBRARY

A large selection of technical books on Cinematography & Videography, the Cinema and trade related magazines are available for free reading in WICA Office during the working hours. Some of the DVDs are also available for viewing in the office only. Under any circumstances any books/DVDs will not be allowed to be taken out of the Association Office.


 

RESOLUTION REGARDING DISPUTES

• IT is hereby resolved that whenever any dispute arises between a contracted or a non – contracted Cinematographer and/or  his / her Assistants  with the Producer:

• After being involved and having contributed sufficiently to a project in the pre-production stages and if the Producer decides to change the Cinematographer and/or his/her Assistants, without assigning any valid reason before starting the project, the Dispute Committee having studied the case, should impose a minimum fifty (50%) percent of the contract amount. And in the absence of a contract between the Cinematographer and his/her Assistants with the Producer, the Dispute Committee should claim fifty (50%) percent of the minimum wages as fixed by the FWICE, as compensation from the Producer.

• If the Cinematographer and/or his/her Assistants are removed after the commencement of the project, producer will have to pay the full contracted amount or in the absence of no agreement signed by the DOP and Producer the minimum wages prescribed by the FWICE.

• And in the case of complaint submitted against the DOP by the producer, the Dispute Committee after having studied the case should impose a settlement amount calculated on the pro-rata basis in addition to the 50% of the contracted amount or the minimum wages prescribed by the FWICE in case of no agreement signed between the DOP and Producer.


CODE OF CONDUCT

(i) The members of Western India Cinematographers’ Association will accept assignment or service contracts only from the bonafide members of the Association of the Producers or Employers such as IMPPA, AMPTPP, WIFPA or GUILD Etc, affiliated to the Film Federation of India and other bodies and duly recognized by the Federation of Western India Cine Employees (FWICE).

(ii) A detailed book on the “CODE OF CONDUCT” is available at the Association office for all WICA members; to refer to and to adhere to.


AGREEMENT/M.O.U

Members must insist on a proper contract or an Agreement before the commencement of any project. It is in the interest of all members to have at least a MOU, if not a full-fledged Contract or an Agreement, so in case if any dispute arises with the Producer/Employer, the Association is in a better position to recover the disputed amounts/dues from the defaulting Producers, Employers, Corporate Production Houses, Advertising Agencies, Event Management Companies and Television Channels.

• A Format of the WICA Agreement / MOU is available in the Association office for all eligible members at nominal charge.


 

GENERAL

Our Association is affiliated to the Federation of Western India Cine Employees (FWICE).

•It is pointed out to all the members, that whenever the Federation issues any of its Directives to Suspend / Stop or Resume work, this applies to all the categories of workers, including the members of WICA, whether employed on permanent basis or on a contractual basis or on daily wages.

•The Federation’s directives are issued only after proper study on the legal and other complications aspects involved. Any threats therefore, such as that of dismissal or suspension from the job, which the employer or producer may make are incorrect and the Federation will defend its actions legally.

•It is very essential to have a WICA Membership Card on the person at all times, while shooting on any set; in any Studio or on any Location whether indoor or outdoor.

Membership cards may be obtained from the Association after supplying two stamp sized photographs i.e. 1 ½” x 1” and against the payment of a small fee.


 

• After having completed a project, if the Producer refuses to pay the final balance amount of the Cinematographer and/or his/her Assistants, the Dispute Committee having studied the case, should try and settle the matter amicably. If the Producer still refuses to pay the remaining balance amount, the Dispute Committee should refer the matter to the FWICE for further action against the Producers. It is hereby resolved that whenever any dispute arises between the Cinematographer with another fellow Cinematographer including his/her Operative Cameraman and/or Assistants: • If the Cinematographer refuses to pay the contracted or verbally committed fee to his/her fellow Cinematographer or to his/her Operatives/ Assistants, without assigning any valid reason, the Dispute Committee having studied their case should try and settle the matter amicably. If the Cinematographer still refuses to pay the outstanding amounts despite reminders, the Managing Committee has the right to take any necessary decision to recover the outstanding amounts and/or even expel such member from the Association.

WICA will charge Ten (10%) percent as dispute processing charges from the Cinematographer including his/her Operative Cameraman / Assistants from the amounts recovered from the defaulting Producers.

In cases of disputes between the WICA fellow members, (5%) five percent of the dispute amount will be charged to both the parties as Dispute Processing Fees.


 

DEAL DEMO

Click here for the Deal Demo pdf.


 

WICA CONTRACT DRAFT

Please click here to get Contract Format PDF.

 

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