Power to make rules

Posted by

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of Indian Copyright Act.

(2) In particular, and without prejudice to the generality of the preceding power, the Central Government may make rules to provide for all or any of the following matters, namely:-

  1. The salaries and allowances payable to and the other terms and conditions of service of the chairman and other members of the Copyright Board under section 11 (Copyright Board);
  2. The form of complaints and applications to be made, and the licenses to be granted, under Indian Copyright Act;
  3. The procedure to be followed in connection with any proceeding before the Registrar of Copyrights;
  4. The form and manner in which an organization may apply to the Copyright Board for compulsory license for disabled and the fee which may accompany such application under sub-section (1) of section 31B (Compulsory license for benefit of disabled);
  5. The manner in which a person a person making sound recording may give prior notice of his intention to make sound recording may maintain under sub-section (5) of section 31C (Statutory license for cover version);
  6. The register and books of account and the details of existing stock which a person making sound recording may maintain under sub-section (5) of section 31C (Statutory license for cover version);
  7. The manner in which prior notice may be given by a broadcasting organization under sub-section (2) of section 31D (Statutory license for broadcasting of literary and musical works and sound recording);
  8. The reports and accounts which may be maintained under clause (a), and the inspection of records and books of account which may be made under clause (b) of sub-section (7) of section 31D (Statutory license for broadcasting of literary and musical works and sound recording)
  9. The conditions for submission of application under sub-section (2) of section 33 (Registration of Copyright Society);
  10. The conditions subject to which a copyright society may be registered under sub-section (3) of section 33 (Registration of Copyright Society);
  11. The inquiry for cancellation of registration under sub-section (4) of section 33 (Registration of Copyright Society);
  12. The manner in which a copyright society may publish its Tariff Scheme under sub-section (1) of section 33A (Tariff Scheme by copyright societies);
  13. The fee which is to be paid before filing an appeal to the Copyright Board under sub-section (2) of section 33A (Tariff Scheme by copyright societies)
  14. The form of application for renewal of registration of a copyright society and the fee which may accompany such application under sub-section (4) of section 33 (Registration of Copyright Society);
  15. The conditions subject to which the copyright society may accept authorization under clause (1) of sub-section (1) of section 34 (Administration of rights of owner by copyright society) and the conditions subject to which owners of rights have right to withdraw such authorization under clause (2) of that sub-section;
  16. The conditions subject to which a copyright society may issue licenses, collect fees and distribute such fees amongst owners of rights under sub-section (3) of section 34 (Administration of rights of owner by copyright society);
  17. The manner in which the approval of the owners of rights regarding collection and distribution of fees, approval for utilisation of any amount collected as fees and to provide to such owners information concerning activities in relation to the administration of their rights under sub-section (1) of section 35 (Control over the copyright society by the author and other owners of right);
  18. The returns to be filed by copyright societies to the Registrar of Copyrights under sub-section (1) of section 36 (Submission of returns and reports);
  19. The manner of determining any royalties payable under this Act, and the security to be taken for the payment of such royalties;
  20. The manner of payment of royalty under clause (14) of sub-section (1) of section 52 (Certain acts not to be infringement of copyright);
  21. The form of Register of Copyrights to be kept under this Act and the particulars to be entered therein;
  22. The matter in respect of which the Registrar of Copyrights and the Copyright Board shall have powers of a civil court;
  23. The fees which may be payable under Indian Copyright Act;
  24. The regulation of the business of the Copyright Office and all things by Indian Copyright Act placed under the direction or control of the Registrar of Copyrights.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised of one session or two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

 

Complete Act

One comment

Your opinion about it?