Powers and procedure of Copyright Board

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(1) The Copyright Board shall, subject to any rules that may be made under Indian Copyright Act, have the power to regulate its own procedure, including the fixing of places and times of its sittings; Provided that the Copyright Board shall ordinarily hear any proceeding instituted before it under Indian Copyright Act within the zone in which, at the time of the institution of the proceeding, the person instituting the proceeding actually and voluntarily resides or carries on business or personally works for gain.

Explanation – In this sub-section “zone” means a zone specified in section 15 of the States Reorganisation Act, 1956.

(2) The Copyright Board may exercise and discharge its powers and functions through Benches constituted by the Chairman of the Copyright Board from amongst its member; Provided that, if the Chairman is of opinion that any matter of importance is required to be heard by a larger bench, he may refer the matter to a special bench consisting of five members.

(3) If there is a difference of opinion among the members of the Copyright Board or any Bench thereof in respect of any matter coming before it for decision under this Act, the opinion of the majority shall prevail; Provided that where there is no such majority, the opinion of the Chairman shall prevail.

(4) The Chairman may authorise any of its members to exercise any of the powers conferred on it by section 74 (Registrar of Copyrights and Copyright Board to possess certain powers of civil courts) and any order made or act done in exercise of those powers by the member so authorised shall be deemed to be the order or act, as the case may be, of the Board.

(5) No member of the Copyright Board shall take part in any proceedings before the Board in respect of any matter in which he has a personal interest.

(6) No act done or proceeding taken by the Copyright Board under Indian Copyright Act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Board.

(7) The Copyright Board shall be deemed to be a civil court for the purposes of sections 345 and 346 of the Code of Criminal Procedure, 1973, and all proceedings before the Board shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code.

 

Complete Act

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