WIFPA

Dispute Settlement

To apply for Dispute Settlement Form kindly download the Dispute Settlement Form fill up the printed formand
send it to wifpa offfice by email wifpa_2006@yahoo.co.in or on whatsapp No 8850496488

Rules and Regulations for Settlement of Disputes interse between the members and as also between the Members and Non-Members.

Title
These Rules and Regulations shall be called the Rules made for settlement and disposal of the disputes interse between the members and as also between the members and non members arising out of any transaction between them.

DEFINITION
a. Association means the Western India Film & TV Producers’ Association.
b. Articles for Dispute Settlement means the Articles of Association of Western India Film & TV Producers’ Association for Dispute Settlement.
c. Member means a Member of the Western India Film & TV Producers’ Association.
d. Non Member means any person, firm, company or corporation who or which is not a member of the Western India Film & TV Producers’ Association.
e. Executive Committee means the Executive Committee of the Western India Film & TV Producers’ Association.
f. Sub Committee means the sub committee appointed by the Executive Committee for the purpose of regulating the production of pictures produced by the members and also to consider the dispute between Members and/or between the Members and Non Members including prospective producers who may apply to the association for admission as a member.
g. President means the President of the Western India Film & TV Producers’ Association.
h. Vice President means the Vice President of the Western India Film & TV Producers’ Association.
a. Secretary means the Secretary of the Western India Film & TV Producers’ Association.
i. Picture means any programme which could be seen in audio-visual format irrespective of its length and purpose for which, the same has been produced.
j. “Producer” means any person, firm, company, corporation or body who or which produces a motion picture/s and includes his/its financiers, assigns, heirs, executors and administrators and/or any other person/s having any title and interest in the picture/s and being entitled to give, vest, assign and/or otherwise dispose of the distribution, exhibition and exploitation rights in the picture/s for any territory/s of the Indian Union and Overseas.
3. a. Every member shall as soon as they decide to produce any such Film, irrespective of the length or the purpose for which, the same is produced, shall forthwith register the title in respect of the said film before utilizing the name of the Film for any of the purpose for which, he shall make necessary application in writing to the Association which shall be considered by the Association and allied Associations in accordance with the present Rules and if the said title is not registered with any other person, the same shall be registered in the name of such applicant.
b. Every Application approved by the Association shall be duly entered into a Special Register maintained for the purpose and the Secretary and/or any other person authorized by him shall give the registration number and date of such registration which shall contain all the details mentioned in the Application. Details of every such registration shall be intimated to the Applicant and as far as possible, the same shall be circulated amongst the members of their Association.
c. Any member entering into any Agreement with the third party, the member shall disclose to such third party that he is member of the Association and disputes, if any, arising between them shall be dealt with by the Association in accordance with the provisions of Arbitration Act and/or any other Act as may be prevailing at the respective time. By entering into the agreement it will amount to consent to such arbitration by WIFPA between both the parties.
d. Every member shall be entitled to refer their dispute to the Dispute Settlement Committee for Arbitration and the Committee shall be entitled to initially try and settle the matter between the parties however, in case, if no such settlement is possible, the decision given by the Committee after Arbitration shall be treated as an Award passed by the Committee which shall be binding upon the members as well as the non-members with whom, the members have entered into any such Agreement.
e. Every member and the non member shall abide the decision taken by the Dispute Settlement Committee failing which, the Association shall be entitled to declare him as a defaulter and the Opponent in whose favour, the award has been passed, shall be entitled to implement the same by execution as an Award passed by the Arbitrator.
f. None of the aggrieved party shall be member of such Dispute Settlement Committee who is interested in the subject matter referred to such Dispute Settlement Committee and shall retire from his Chair before the matter is taken up by the Committee.
g. It will be open for the Executive Committee members to pass appropriate Resolution suspending and/or debarring any member who acts contrary to the interest of the Association and/or members of the Association by giving 7 days notice to rectify his acts within 7 days from the date of receipt of the notice.
h. Every person against whom the Award has passed shall be entitled to approach the Executive Committee for review of the said Award and identically every person in whose favour the Award is passed, if not reviewed or challenged before the Hon’ble Court shall be entitled to get the same executed in accordance with law.
4. All members of WIFPA are bound by the Rules & Regulations of Association for Dispute Settlement.
5. These Rules shall be amended by the Executive Committee if considered necessary in future.