The Assam Mobile Theatre (Regulation and Artists’ Welfare Fund) Act, 2010 (single Document)
# ASSAM ACT NO. XXVI OF 2010

 [Received the assent of the Governor on 31st August, 2010]

 THE ASSAM MOBILE THEATRE (REGULATION AND ARTISTS[’] WELFARE FUND) ACT, 2010

 AN

 ACT

to provide for a better regulation of Mobile Theatres to check haphazard
growth of Mobile Theatres and constitution of Artists’ Welfare Fund, for the
purpose of maintenance of cultural standards and welfare of the Artists in the
State of Assam including the Hills Districts and matters connected therewith
and incidental thereto.

**Preamble.** Whereas it is expedient to provide for a better regulation of Mobile
Theatres to check haphazard growth of Mobile Theatres and constitution of
Artists’ Welfare Fund for the purpose of maintenance of cultural standards
and welfare of the Artists in the State of Assam including the Hills Districts
and matters connected therewith and incidental thereto.

It is hereby enacted in the Sixty-first Year of the Republic of India as
follows : 
**Short title,** **1.** (1) This Act may be called the Assam Mobile Theatre (Regulation and
**extent and** Artists’ Welfare Fund) Act, 2010.
**commencement.**

(2) It extends to the whole of Assam including the hills Districts.

(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint and different dates may be
appointed for different areas.

**Definitions.** **2.** In this Act, unless there is anything repugnant to the subject or context,
(a) “Artists” means any actor, singer, painter, musician, dancer,
choreographer, costume designer, dramatist, script writer and other
technical and non technical staff of the Mobile Theatre who are
directly involved in the live performance or facilitate the live
performance by the Mobile Theatre which term shall also include the
directors in different performing areas or branches of the Mobile
Theatre ;


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(b) “Committee” means the Artists’ Welfare fund Committee constituted
under section 13 ;

(c) “Director” means the Director of Cultural Affairs, Assam ;

(d) “equipment” means electrical items for lighting, generator set, sound
system, musical instruments, laser instruments, projector and other
items having mechanical process involved in it ;

(e) “existing Mobile Theatre” means a Mobile Theatre which is in
existence and has been engaged in making live dramatic and cultural
performance in the State of Assam on the date of coming into force
of this Act ;

(f) “Fund” means the Artists’ Welfare Fund constituted under section
11;

(g) “Government” means the Government of Assam in the Cultural
Affairs Department ;

(h) “infrastructure” means the stages, settings, pandel, tents, sheds,
screens, chairs, gallery and other items which are essential for live
performance by a Mobile Theatre ;

(i) “Mobile Theatre” means a theatre group engaged in the business of
live dramatic and other cultural performances in the State of Assam
in consideration of monetary payment to them, performing such
activities in different places on a temporary basis, having at least two
stages with light and sound system erected temporarily inside a
temporary pandel with sitting arrangement for audience in front of
the stages, having adequate number of artists and other staff, both
technical and non technical, either casual or regular, in its pay roll
and having fixed land and property for the use by the Mobile Theatre
in the name of the Mobile Theatre or the producer as the case may
be, and the words "Mobile Theatre Groups" shall be construed
accordingly ;

(j) “prescribed” means prescribed by rules made under this Act ;

(k) “producer” means any person, group of persons, body or firm who
produces, establishes, runs, operates, or sets up a Mobile Theatre and
is solely responsible for its finance, maintenance, management and
payment to the artists and other staff including other ancillary
matters connected with the running of the Mobile Theatre group
concerned ;

(l) “Registered Mobile Theatre” means a Mobile Theatre group
registered under section 3 ;

(m) “section” means a section of this Act ;

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(n) “year” means the year commencing on the first day of April of a year
ending with the 31st day of March of the succeeding year.

**Registration of** **3.** (1) No person shall carry on the business of Mobile Theatre in the State of
**Mobile Theatre.** Assam including the Hills Districts without being Registered as a Mobile
Theatre Group or renewal thereof, before the Director under the
provisions of this Act.

(2) Every person desirous of setting up of a new Mobile Theatre shall make
an application in such form and accompanied by such fee as may be
prescribed, before the Director for obtaining a provisional registration of
the Theatre Group on furnishing of an undertaking in the prescribed form
to fulfill all the requirements under section 6 and to complete the setting
up of the Mobile Theatre Within a period of two months from the date of
such undertaking. The application shall accompany the documents
relating to the land and property available in the name of the producer or
the Mobile Theatre Group as the case may be, a plan and estimate for
one year in respect of establishment and running of the proposed Mobile
Theatre showing the recurring and non-recurring expenditure involved
for the purpose, and a Bank Guarantee to prove the financial soundness
of the proprietor or the Theatre Group as the case may be, depending
upon which, the Director shall issues a provisional registration certificate
with the condition that the proprietor or the Theatre Group shall be
required to complete the setting up of the Mobile Theatre with all
required infrastructure, equipment, artists and other staff within the
stipulated period of two months and on such completion, the provisional
registration shall be made final for the concerned year after following the
procedure as provided under section 4. In the event of failure on the part
of the proprietor or the Mobile Theatre group to complete the
requirements within the stipulated period, the provisional registration
shall automatically stand cancelled after the expiry of two months from
the date of signing of the undertaking and the concerned proprietor or the
Mobile Theatre group shall not be entitled to carry on the business of the
proposed Mobile Theatre.

(3) The existing Theatre groups who do not already possess the requirements
as provided under section 6, shall also apply before the Director for
provisional registration in the same manner as stipulated under subsection (2) within thirty days from the date of commencement of this Act
and on fulfillment of all the requirements under section 6 they shall be
finally registered by the Director as a Mobile Theatre group after
completing necessary formalities under this Act. In the event of failure
by the existing Theatre groups to fulfil all the requirements under section
6, the existing Theatre groups shall not be entitled to carry on the
business of Mobile Theatre any further.

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(4) The existing Mobile Theatre groups already possessing all the
requirements under section 6 and having all the infrastructure
equipments, requisite number of artists and other staff as required under
this Act shall make an application on the prescribed form accompanied
by such fees as may be prescribed before the Director within thirty days
from the date of coming into force of this Act. The application shall also
accompany the documents relating to land and property, infrastructure,
equipments, artists and other staff for getting the Mobile Theatre
registered and obtaining a final registration certificate in their favour to
run the Mobile Theatre. On receipt of such application, the Director shall
cause an enquiry to be made by the concerned Officer-in-Charge of the
Cultural Centres of the respective District within thirty days from the
date of receipt of the application by the Director. The concerned Officerin-Charge of the Cultural Centres shall after making such enquiry and
inspection as may be required, furnish a report to the Director within
fifteen days of receipt of the order for enquiry, on the basis of which
final registration to the concerned Mobile Theatre may be granted for
rest of the period of the year subject to payment of prescribed registration
fee and a Certificate of Registration shall be issued in favour of the
registered Mobile Theatre in the form as may be prescribed.

(5) If the report of the Officer-in-Charge of Cultural Centres of the
concerned districts indicates that any Theatre group seeking registration
under sub-section (4) is lacking of the required infrastructure,
equipments, requisite number of artists and other staff and other
requirements under this Act, the Director shall refuse to grant final
registration to such Theatre group and the ground for such refusal shall
be duly communicated to the concerned producer. Such Theatre groups
to whom registration is refused by the Director, shall not carry on their
performance any further and immediately stop the business:

Provided that as soon as the Theatre group acquires the required
infrastructure, equipments, requisite number of artists and other staff and
other requirements under this Act, it shall be intimated to the Director
and the Director after an enquiry caused to be made, if satisfied that the
Theatre group has fulfilled all the requirements under this Act, may grant
final registration and issue a Certificate of Registration for the remaining
period of the year to the said Mobile Theatre group, subject to payment
of the prescribed registration fees.

**Finalisation of** **4.** (1) Before expiry of the term of the provisional registration granted to a
**provisional** Theatre group under sub-section (2) and (3) of section 3, the producer of
**registration.** the Theatre group shall complete the requirements for setting up of the

Mobile Theatre and make an application in the prescribed form
furnishing such fees as may be prescribed, before the Director for
granting final registration and issuing final Certificate of Registration in
favour of the concerned Mobile Theatre.

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(2) On receipt of the application, the Director shall cause an enquiry to be
made by the Officer-in-Charge of the concerned Cultural Centre of the
district within fifteen days of receipt of the application. The Office-inCharge of the concerned Cultural Centre of the District shall make such
enquiry and such inspection as may be required and furnish a report to
the Director within fifteen days of receipt of order of the Director, on the
basis of which the Director may grant final registration and issue a.
Certificate of Registration for one year or rest of the year as the case may
be, to the concerned Mobile Theatre, subject to payment of necessary
registration fee as may be prescribed.

(3) If the report of the Officer-in-Charge of the Cultural Centre of the
concerned District indicates that any Theatre group seeking final
registration under sub-section (1), is lacking of the required
infrastructure, equipments, requisite number of artists and other staff and
other requirements under the Act, the Director shall refuse to grant final
registration to such Theatre group and the ground for such refusal shall
be duly communicated to the concerned producer :

Provided that as soon as the Theatre group acquires the required
infrastructure equipments, requisite number of artists and staff and other
requirements under this Act, it shall be intimated to the Director and the
Director after an enquiry caused to be made, if satisfied that the Theatre
group has fulfilled all the requirements under this Act, may grant final
registration and issue a Certificate of Registration for remaining period
of the year to the said Mobile Theatre, subject to the payment of the
prescribed registration fee.

**Renewal of** **5.** (1) Any producer of registered Mobile Theatre desirous of continuing the
**Registration.** Mobile Theatre in the succeeding years also, shall make an application
before 31st of day of March every year before the Director for renewal of
the registration of the Mobile Theatre, in the prescribed form, on
payment of such fees, as may be prescribed. The application shall be
accompanied by an Income Tax Clearance Certificate and Entertainment
Tax Clearance Certificate in respect of the previous year.

(2) On receipt of an application for renewal of registration, the Director shall
after an enquiry caused to be made, if satisfied that the Mobile Theatre
group has successfully completed their performance during the preceding
year, and has been maintaining the required infrastructure, equipments,
requisite number of artists and other staff and other requirements under
this Act, may grant renewal of registration and issue a Renewal
Certificate of Registration to the Mobile Theatre for the relevant year
before 30th day of April every year.

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**Requirements to** **6.** A Theatre group shall be required to fulfil the following requirements to be
**be fulfilled for** eligible for registration as a Mobile Theatre and renewal there of:**Registration as a**
**Mobile Theatre** (i) The Theatre group shall possess at least two stages and adequate
**and renewal** light and sound system ;
**thereof.**

(ii) It shall have at least one hundred artists and other staff both technical
and non-technical in its pay roll, either casual or regular as the case
may be or such number of artists and other staff both technical and
non-technical as may be specified by the Government by notification
from time to time ;

(iii) It shall have fixed land and property in the name of the producer or
the Mobile Theatre as the case may be, which are exclusively used
for the Mobile Theatre group ;

(iv) It shall possess requisite infrastructure and equipments without
which the performance by the Mobile Theatre is considered to be
impossible ;

(v) It shall provide necessary fire fighting arrangements including
equipments for fire fighting ;

(vi) It shall engage adequate number of security personnel of its own as
may be considered necessary;

(vii) It shall produce the latest Income Tax clearance certificate for entire
funds by which the theatre would be promoted ;

(viii) It shall possess such other things, items, facilities and maintain such
standards as may be prescribed in the rules.

**Effect of non** **7.** (1) Any Mobile Theatre group having no valid registration or renewal
**registration.** thereof as required under this Act, shall not be entitled to carry on the
business of Mobile Theatre.

(2) If it comes to the notice of the Director that a Mobile Theatre group has
been running the business and engaged in live dramatic and other
cultural performances in any place without having any valid registration
required under this Act, he may issue notice to the concerned Mobile
Theatre group or to its producer to immediately stop the performance.

(3) Any Mobile Theatre group which runs a Mobile Theatre and carry on
their performances without a valid registration under this Act shall be
liable to pay a fine of Rupees one thousand (Rs.1,000/-) per day for
every day of such performance made without registration, which shall be
charged from the date from which the Mobile Theatre group has been
running the Mobile Theatre and making performance without a valid
registration.


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(4) The amount of fine shall be deposited by the producer on demand made
by the Director within the period as stipulated in the Demand Notice,
which shall be credited to the Artists’ Welfare Fund :

Provided that necessary receipt in respect of payment of fine shall be
issued to the producer by the Director.

(5) No benefit of tax of any kind shall be admissible to those Mobile Theatre
Groups who fail to produce a valid registration certificate while claiming
any exemption of tax from the Government.

**Realisation of** **8.** (1) Any amount of fine under sub-section (3) and (4) of section 7, remaining
**fine as an arrear** unpaid shall be treated as an arrear of Land Revenue and shall be
**of Land** recovered under the provisions of the Bengal Public Demand Recovery
**Revenue.** Act, 1913 ( Act No. III of 1913)

**Obligation of the** **9.** (1) Every Mobile Theatre Groups shall endeavor to protect and preserve the
**Mobile Theatre.** 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.

(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 (1), 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.

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**Power of** **10.** Nothing in this Act or any other law for the time being in force, shall prevent
**inspection and** the Director or the Government or any person or authority as may be
**enquiry.** 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 of** **11.** (1) The State Government shall, by Notification in the Official Gazette
**Artists’ Welfare** constitute a Fund to be called the Artists' Welfare Fund, for the welfare
**Fund.** 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;

(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 subsection (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 of the** **12.** The Artists’ Welfare Fund shall be utilized for giving periodical or one time
**Artists’ Welfare** financial assistance to the artists of the registered Mobile Theatre in Assam
**Fund.** 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 ;

(iii) 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.

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**Constitution of**
**the Artists’**
**Welfare Fund**
**Committee.**


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

(2) The Committee shall be 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. -   Ex-officio Chairman

(b) Director, Cultural Affairs, Assam.      - Member-Secretary

(c) Two representatives of the All Assam
Mobile Theatre Producers Association.  - Members
(d) Two eminent Theatre personalities.     - Members

(e) One representative of the Finance
Deptt./or Director of Accounts, Assam. - Member
(f) One representative of the Deptt. Of
Public Enterprises.                  - Member


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

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

**Disqualification** **14.** No person shall be nominated and continue as a member of the Committee if
**and renewal of** he, **nominated**
**members.** (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** **15.** (1) Any non official member of the Committee may resign his office by
**Casual Vacancy.** 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.

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(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** **16.** No act done or proceedings taken, under this Act or the rules made there
**Committee not** under, by the Committee shall be invalid merely by reason of, **to be invalidated**
**by vacancy,** (a) any vacancy or defect in the constitution of the Committee; or
**defect,**
**irregularity.** (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.

**Vesting and** **17.** The Fund shall vest in and be held and applied by the Committee subject to
**application of** the provisions and for the purposes of this Act.
**the Fund.**

**Functions of the** **18.** (1) The Committee shall administer the fund.
**Committee.**
(2) In the administration of the Fund, the Committee shall, subject to the
provisions of this Act and the rules made there under,
(a) collect, preserve, manage and utilize the fund ;

(b) hold the amount in an account to be opened and operated jointly by
the Chairman and the Member-Secretary in a Nationalized Bank.

(c) receive application from any artist of the registered Mobile Theatre
claiming financial assistance from the fund and to dispose of such
claims periodically. For the purpose of disposal of such claims the
Committee may conduct such enquiry as may be deemed necessary ;

(d) communicate to the applicant by registered post with
acknowledgement due its decision on the application ;

(e) sit once in the first week of every quarter for disposal of various
business of the Committee or at such earlier times as may be
required, which shall be determined by the Member-Secretary with
the approval of the Chairman;

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(f) pay out of the Fund all amounts due and payable under this Act and
incur all expenditure relating to the management and administration
of the Fund;

(g) send periodicals, annual reports, annual audited statements of
accounts to the Government from time to time;

(h) make payment of sitting allowance and conveyance allowance from
out of the Fund, to the non-official members of the Committee in
connection with its meetings, at such rates as may be prescribed;

(i) determine its own procedure in conducting its meetings.

**Functions of the** **19.** The Member-Secretary of the Committee shall,**Member**
**Secretary.** (a) be the Chief Executive of the Committee ;

(b) represent the Committee in suits and proceedings ;

(c) authenticate by his signatures all the decision of the Committee ;

(d) convene meetings of the Committee and issue notices thereof at least
before fifteen days of the meeting;

(e) attend the meeting of the Committee with all necessary records and
information and record its minutes ;

(f) maintain such forms, registers and other records and do all
correspondence relating to the Committee;

(g) prepare an annual statement of accounts and other business during
each financial year and place before the Committee ;

(h) do all other things as may be directed by the Committee.

**Accounts and** **20.** (1) The Committee shall keep and maintain books of accounts and other
**Audit.** books in such form and in such manner as may be prescribed.

(2) The accounts of the Committee shall be got audited by the Committee
annually by a registered Chartered Accountant.

(3) The Committee shall pay from the fund the charges for the audit.

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**Manner of** **21.** (1) The Committee shall determine the manners and procedures in
**holding** conducting its meeting.
**Meetings of the**
**Committee.** (2) One third of the members of the Committee shall form a quorum.

(3) The Chairman and in his absence any member of the Committee shall
preside over the meeting.

(4) Any matter coming before the Committee for its decision shall be
decided by a majority of votes of the members present and voting.

(5) The Member-Secretary of the Committee shall have no voting right in
the meeting.

**Appeal.** **22.** (1) Any person aggrieved by any decision or order of the Director or the
Committee as the case may be, under this Act, may prefer an appeal
against that decision or order before the Government within thirty days
of receipt of such decision or order.

(2) The appeal shall be in prescribed form accompanied by a copy of the
order appealed against.

(3) The Government may call for such records and after hearing the parties
shall dispose of the appeal within thirty days of receipt of the same.

(4) The decision of the Government in appeal shall be final and binding on
the parties.

**Protection of** **23.** (1) No suit, presentation or other legal proceedings shall lie against any
**action taken in** person for anything which is done in good faith or intended to be done in
**good faith.** pursuance with the provisions of this Act or any rules made thereunder.

(2) No suit or other legal proceeding shall lie against the Director or the
Committee for any damage caused or likely to be caused by anything
which is done in good faith or intended to be done in pursuance of the
provisions of this Act or any rules made thereunder.

**Bar of** **24.** No Civil Court shall have jurisdiction to settle, decide or deal with any
**jurisdiction of** question or to determine any matter which, by or under this Act, require to be
**Civil Court.** settled, decided or dealt with or to be determined by the Director or the

Committee, as the case may be.

**Power to make** **25.** (1) The Government may, by notification in the Official Gazette, make rules
**rules.** for carrying out the provisions of this Act.

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(2) All rules made by the Government under this Act shall, as soon as may
be after they are made, be laid before the State Legislature, while it is in
session, for a total period of not less than fourteen days which may be
comprised in one session or two or more successive sessions, and shall,
unless some later date is appointed take effect from the date of their
publication in the Official Gazette, subject to such modifications or
annulments as the Legislature may, during the said period agree to make,
so however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done thereunder.

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