THE COPYRIGHT RULES, 20131
In exercise of power conferred by section 78 of the Copyright Act, 1957, and in supersession of the Copyright Rules, 1958, except as respect things done or omitted to be done before such supersession, the Central Government hereby makes the following Rules, namely:—
CHAPTER I – PRELIMINARY
1. Short title, extent and commencement.
(1) These rules may be called the Copyright Rules, 2013.
(2) They shall come into force on the date2 of their publication in the Official Gazette.
In these rules, unless the context otherwise requires,
— (a) “Act” means the Copyright Act, 1957 (14 of 1957);
(b) “Board” means a Copyright Board as defined in sub-section (1) of section 11;
(c) “copyright business” means the business of issuing or granting licence in respect of a right or set of rights in specific act in respect of a work or any substantial part thereof referred to in section 14 and includes the functions referred to in sub-section (3) of section 34;
(d) “Form” means a form set out in the First Schedule;
(e) “Schedule” means Schedule to these rules; and
(f) “Section” means a section of the Act.
(2) Words and expression used herein but not defined and defined in the Copyright Act, 1957, shall have the meanings respectively assigned to them in that Act.
THE COPYRIGHT BOARD
3. Terms and conditions of the office of the Chairman or members of the Board.
— The Chairman and other members of the Board shall be appointed for such period not exceeding five years as the Central Government may in each case deems fit: Provided that the Chairman and 1 [the other member shall hold office as such after he has attained,
—(a) in the case of Chairman, the age of sixty-five years; and
(b) in the case of any other Member, the age of sixty-two years.
(2) (i) A person shall not be qualified for appointment as Chairman unless he –
(a) is or has been a Judge of a High Court; or
(b) is qualified for appointment as a Judge of a High Court;
(ii) A person shall not be qualified for appointment as member unless he
– (a) is or has been a member of the Indian Legal Service and has held a post in Grade I of that Service for at least three years; or
(b) has, for at least ten years, held a judicial office; or
(c) is or has been a Member of a Tribunal or Civil Service not below the rank of a Joint Secretary to Government of India with three years’ experience in the field of Copyright; or
(d) has, for at least ten years, been an advocate of a proven specialized experience in Copyright Law;
(iii) The Chairman and other Members shall be appointed by the Central Government; and
(iv) No person shall be appointed as Chairman except after consultation with the Chief Justice of India.
(3) The Chairman and other members of the Board shall, on the expiry of the period of their appointment, be eligible for re-appointment.
(4) The Chairman or any other member of the Board may resign his office by giving three months’ notice in writing to the Central Government: Provided that the Chairman or any other member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry.
(5) The Chairman or any other member shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehavior or incapacity after an inquiry made by a Judge of the Supreme Court in which the Chairman or the other member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.