In This Act, Unless The Context Otherwise
Requires,-- (A) "Adaptation" Means,-- (I) In Relation To A Dramatic Work,
The Conversion Of The Work Into A Non-Dramatic Work; (Ii) In Relation To A Literary Work Or
An Artistic Work, The Conversion Of The Work Into A Dramatic Work By Way Of
Performance In Public Or Otherwise; (Iii) In Relation To A Literary Or Dramatic Work, Any
Abridgement Of The Work Or Any Version Of The Work In Which The Story Or Action
In Conveyed Wholly Or Mainly By Means Of Pictures In A Form Suitable For
Reproduction In A Book, Or In A Newspaper, Magazine Or Similar
Periodical; [1][ **] (Iv) In Relation To A Musical Work, Any Arrangement Or
Transcription Of The Work; [And] [2][(V) In Relation To Any Work, Any
Use Of Such Work Involving Its Rearrangement Or Alteration;] [3][(Aa) "Appellate Board"
Means The Appellate Board Referred To In Section 11] (B) [4]["Work Of Architecture"] Means
Any Building Or Structure Having As Artistic Character Or Design, Or Any Model
For Such Building Or Structure; (C) "Artistic
Work" Means,-- (I) A Painting, A Sculpture, A
Drawing (Including A Diagram, Map, Chart Or Plan), An Engraving Or A
Photograph, Whether Or Not Any Such Work Possesses Artistic Quality; (Ii) A [5][Work Of Architecture]; And (Iii) Any Other Work Of Artistic Craftsmanship; (D) "Author" Means,-- (I)In
Relation To A Literary Or Dramatic Work, The Author Of The Work; (Ii)In Relation To A Musical Work, The Composer; (Iii)In Relation To An Artistic Work Other Than A Photograph, The
Artist; (Iv)In Relation To A Photograph, The Person Taking The
Photograph; [6][(V) In Relation To A
Cinematograph Film Or Sound Recording, The Producer; And (Vi)In Relation To Any Literary, Dramatic, Musical Or
Artistic Work Which Is Computer-Generated, The Person Who Causes The Work To Be
Created;] [7][(Dd)
"Broadcast" Means Communication To The Public-- (I) By Any Means Of
Wireless Diffusion, Whether In Any One Or More Of The Forms Of Signs, Sounds Or
Visual Images; Or (Ii) By Wire, And Includes A
Re-Broadcast;] (E) "Calendar
Year" Means The Year Commencing On The 1st Day Of January; [8][(F) "Cinematograph
Film" Means Any Work Of Visual Recording [9][***] Produced Through A Process
From Which A Moving Image May Be [10][***] And Includes A Sound
Recording Accompanying Such Visual Recording And "Cinematograph"
Shall Be Construed As Including Any Work Produced By Any
Process Analogous To Cinematography Including Video Films;] [11][(Fa) "Commercial
Rental" Does Not Include The Rental, Lease Or Lending Of A Lawfully
Acquired Copy Of A Computer Programme, Sound Recording, Visual Recording Or
Cinematograph Film For Non-Profit Purposes By A Non-Profit Library Or
Non-Profit Educational Institution.'; Explanation.-For The Purposes Of This Clause, A
"Non-Profit Library Or Non-Profit Educational Institution" Means A
Library Or Educational Institution Which Receives Grants From The Government Or
Exempted From Payment Of Tax Under The Income-Tax Act, 1961.(43 Of 1961)] [12][(Ff) "Communication To The
Public" Means Making Any Work Or Performance Available For Being Seen Or
Heard Or Otherwise Enjoyed By The Public Directly Or By Any Means Of Display Or
Diffusion Other Than By Issuing Physical Copies Of It, Whether Simultaneously
Or At Places And Times Chosen Individually, Regardless Of Whether Any Member Of
The Public Actually Sees, Hears Or Otherwise Enjoys The Work Or Performance So
Made Available. Explanation.-For The Purposes Of This Clause,
Communication Through Satellite Or Cable Or Any Other Means Of Simultaneous
Communication To More Than One Household Or Place Of Residence Including Residential
Rooms Of Any Hotel Or Hostel Shall Be Deemed To Be Communication To The
Public;] (Ffa) "Composer",
In Relation To A Musical Work, Means The Person Who Composes The Music
Regardless Of Whether He Records It In Any Form Of Graphical Notation; (Ffb)"Computer" Includes Any Electronic Or Similar
Device Having Information Processing Capabilities; (Ffc)"Computer Programe" Means A Set Of Instructions
Expressed In Words, Codes, Schemes Or In Any Other Form, Including A Machine
Readable Medium, Capable Of Causing A Computer To Perform A Particular Task Or
Achieve A Particular Result; (Ffd)"Copyright Society" Means A Society Registered
Under Sub-Section (3) Of Section 33;] (G)"Delivery",
In Relation To A Lecture, Includes Delivery By Means Of Any Mechanical
Instrument Or By [13][Broadcast]; (H)"Dramatic
Work" Includes Any Piece Of Recitation, Choreographic Work Or
Entertainment In Dumb Show, The Scenic Arrangement Or Acting, Form Of Which Is
Fixed In Writing Or Otherwise But Docs Not Include A Cinematograph Film; [14][(Hh)
"Duplicating Equipment" Means Any Mechanical
Contrivance Or Device Used Or Intended To He Used For Making Copies Of Any
Work;] (I)"Engravings"
Include Etchings, Lithographs, Wood-Cuts, Prints And Other Simi?Lar
Works, Not Being Photographs; (J)"Exclusive
Licence" Means A Licence Which Confers On The Licensee Or On The
Licensee And Persons Authorized By Him, To The Exclusion Of All
Other Persons (Including The Owner Of The Copyright) Any Right Comprised In The
Copyright In A Work, And "Exclusive Licensee" Shall Be Construed
Accordingly; (K)"Government Work" Means
A Work Which Is Made Or Published By Or Under The Direction Or Control Of-- (I) The Government Or Any Department
Of The Government; (Ii) Any Legislature In India; (Iii) Any Court, Tribunal Or Other Judicial Authority In
India; [15][(L) "Indian
Work" Means A Literary, Dramatic Or Musical Work,-- (I) The Author Of Which Is A Citizen
Of India; Or (Ii) Which Is First Published In
India; Or (Iii) The Author Of Which, In The Case Of An Unpublished
Work Is, At The Time Of The Making Of The Work, A Citizen Of India;] [16][(M) "Infringing
Copy" Means,-- (I) In Relation To A Literary,
Dramatic, Musical Or Artistic Work, A Reproduction Thereof Otherwise Than In
The Form Of A Cinematographic Film; (Ii) In Relation To A
Cinematographic Film, A Copy Of The Film Made On Any Medium By Any Means; (Iii) In Relation To A Sound Recording, Any Other
Recording Embodying The Same Sound Recording, Made By Any Means; (Iv) In Relation To A Programe Or Performance In Which
Such A Broadcast Reproduction Right Or A Performer's Right Subsists Under The
Provisions Of This Act, The Sound Recording Or A Cinematographic Film Of Such
Programe Or Performance, If Such Reproduction, Copy Or Sound Recording Is Made
Or Imported In Contravention Of The Provisions Of This Act;] (N)"Lecture" Includes
Address, Speech And Sermon; [17][(O) "Literary Work"
Includes Computer Programes, (AbiesAnd Compilations Including Computer [18][Databases);] [19][(P) "Musical
Work" Means A Work Consisting Of Music And Includes Any Graphical
Notation Of Such Work But Does Not Include Any Words Or Any Action Intended To
Be Sung, Spoken Or Performed With The Music;] [20][(Q) "Performance", In
Relation To Performer's Right, Means Any Visual Or Acoustic Presentation
Made Live By One Or More Performers;] [21][(Qq) "Performer"
Includes An Actor, Singer, Musician, Dancer, Acrobat, Juggler, Conjurer, Snake
Charmer, A Person Delivering A Lecture Or Any Other Person Who Makes A
Performance;] [22][Provided That In A Cinematograph
Film A Person Whose Performance Is Casual Or Incidental In Nature And, In The
Normal Course Of The Practice Of The Industry, Is Not Acknowledged Anywhere Including
In The Credits Of The Film Shall Not Be Treated As A Performer Except For The
Purpose Of Clause (B) Of Section 38B;] [23][***] (S) "Photograph"
Includes Photo-Lithograph And Any Work Produced By Any Process Analogous To
Photography But Does Not Include Any Part Of A Cinematograph Film; (T) "Plate" Includes
Any Stereotype Or Other Plate, Stone, Block, Mould, Matrix, Transfer,
Negative [24][Duplicating Equipment] Or
Other Device Used Or Intended To Be Used For Printing Or Reproducing Copies Of
Any Work, And Any Matrix Or Other Appliance By Which [25][Sound Recording] For The
Acoustic Presentation Of The Work Are Or Are Intended To Be Made; (U)"Prescribed" Means
Prescribed By Rules Made Under This Act; [26][(Uu) "Producer", In
Relation To A Cinematograph Film Or Sound Recording, Means A Person Who
Lakes The Initiative And Responsibility For Making The Work;] (V) [27][***] (W) [28][***] [29][(X)
"Reprography" Means The Making Of Copies Of A Work, By
Photocopying Or Similar Means; [30][(Xa) "Rights Management
Information" Means,- (A) The Title Or Other Information
Identifying The Work Or Performance; (B) The Name Of The Author Or
Performer; (C) The Name And Address Of The Owner
Of Rights; (D) Terms And Conditions Regarding
The Use Of The Rights; And (E) Any Number Or Code That
Represents The Information Referred To In Sub-Clauses (A) To (D), But Does
Not Include Any Device Or Procedure Intended To Identify The User;] (Xx) "Sound
Recording" Means A Recording Of Sounds From Which Such Sounds May Be
Produced Regardless Of The Medium On Which Such Recording Is
The Method By Which The Sounds Are Produced;] [31][(Xxa) "Visual
Recording" Means The Recording In Any Medium, By Any Method Including The
Storing Of It By Any Electronic Means, Of Moving Images Or Of The
Representations Thereof, From Which They Can Be
Perceived, Reproduced Or Communicated By Any Method;] (Y) "Work" Means
Any Of The Following Works, Namely:-- (I) A Literary, Dramatic, Musical Or
Artistic Work; (Ii) A Cinematograph Film; (Iii) A [32][Sound Recording]; (Z)"Work Of
Joint Authorship" Means A Work Produced By The Collaboration Of Two
Or More Authors In Which The Contribution Of One Author Is Not Distinct From
The Contribution Of The Other Author Or Authors; (Za) "Work Of
Sculpture" Includes Casts And Models. [Haryana In Section 2 [33][(I) In Clause (F), The Portion
Beginning With The Words "On Any Medium" And Ending With The Words
"Produced By Any Means" Shall Be Omitted;] [34][(Ii) After Clause (F), The
Following Clause Shall Be Inserted, Namely:-- '(Fa) "Commercial
Rental" Does Not Include The Rental, Lease Or Lending Of A Lawfully
Acquired Copy Of A Computer Programme, Sound Recording, Visual Recording Or
Cinematograph Film For Non-Profit Purposes By A Non-Profit Library Or
Non-Profit Educational Institution.'; Explanation.--For The Purposes Of This Clause, A
"Non-Profit Library Or Non-Profit Educational Institution" Means A
Library Or Education Institution Which Receive Grants From The Government Or
Exempted From Payment Of Tax Under The Income-Tax Act, 1961. (43 Of 1961.)] [35][(Iii) For Clause (Ff), The
Following Shall Be Substituted, Namely:-- '(Ff) "Communication To The
Public" Means Making Any Work Or Performance Available For Being Seen Or
Heard Or Otherwise Enjoyed By The Public Directly Or By Any Means Of Display Or
Diffusion Other Than By Issuing Physical Copies Of It, Whether Simultaneously
Or At Places And Times Chosen Individually, Regardless Of Whether Any Member Of
The Public Actually Sees, Hears Or Otherwise Enjoys The Work Or Performance So
Made Available. Explanation.--For The Purposes Of This Clause,
Communication Through Satellite Or Cable Or Any Other Means Of Simultaneous
Communication To More Than One Household Or Place Of Residence Including
Residential Rooms Of Any Hotel Or Hostel Shall Be Deemed To Be Communication To
The Public;';] [36][(Iv) In Clause (Qq), The
Following Proviso Shall Be Inserted, Namely:-- "Provided That In A Cinematograph Film A
Person Whose Performance Is Casual Or Incidental In Nature And, In The Normal
Course Of The Practice Of The Industry, Is Not Acknowledged Anywhere Including
In The Credits Of The Film Shall Not Be Treated As A Performer Except For The
Purpose Of Clause (B) Of Section 38B;"; (V) After Clause (X), The
Following Clause Shall Be Inserted, Namely:-- '(Xa) "Rights Management Information"
Means,-- (A) The Title Or Other Information
Identifying The Work Or Performance; (B) The Name Of The Author Or
Performer; (C) The Name And Address Of The Owner
Of Rights; (D) Terms And Conditions Regarding
The Use Of The Rights; And (E) Any Number Or Code That
Represents The Information Referred To In Sub-Clauses (A) To (D), But Does Not
Include Any Device Or Procedure Intended To Identify The User;'; (V) After Clause (Xx), The
Following Clause Shall Be Inserted, Namely:-- '(Xxa) "Visual
Recording" Means The Recording In Any Medium, By Any Method Including The
Storing Of It By Any Electronic Means, Of Moving Images Or Of The
Representations Thereof, From Which They Can Be Perceived, Reproduced Or
Communicated By Any Method;';]]] [37][11. Appellate Board The Appellate Board Established Under Section
83 Of The Trade Marks Act, 1999 ( 47 Of 1999) Shall, On And From The
Commencement Of Part XIV Of Chapter VI Of The Finance Act, 2017, Be The
Appellate Board For The Purposes Of This Act And The Said Appellate Board Shall
Exercise The Jurisdiction, Powers And Authority Conferred On It By Or Under
This Act.] [STATE AMENDMENTS [Haryana [38][In Section 11 (A) In Sub-Section (1), For The Words
"Not Less Than Two Nor More Than Fourteen Other Members", The Words
"Two Other Members" Shall Be Substituted; (B) For Sub-Section (2), The Following
Sub-Section Shall Be Substituted, Namely:-- "(2) The Salaries And
Allowances Payable To And The Other Terms And Conditions Of Service Of The
Chairman And Other Members Of The Copyright Board Shall Be Such As May Be
Prescribed: Provided That Neither The Salary And Allowances Nor
The Other Terms And Conditions Of Service Of The Chairman Or Any Other Member
Shall Be Varied To His Disadvantage After Appointment."; (C) For Sub-Section (4), The
Following Sub-Section Shall Be Substituted, Namely:-- "(4) The Central Government
May, After Consultation With The Chairman Of The Copyright Board, Appoint A
Secretary To The Copyright Board And Such Other Officers And Employees As May
Be Considered Necessary For The Efficient Discharge Of The Functions Of The
Copyright Board.".]]] (1) The [39][Appellate Board] Shall, Subject
To Any Rules That May Be Under This Act, Have Power To Regulate Its Own
Procedure, Including The Fixing Of Places And Times Of Its Sittings: Provided That The [40][Appellate Board] Shall
Ordinarily Hear Any Proceeding Instituted Before It Under This 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 Work For Gain. Explanation.--In This Sub-Section "Zone"
Means A Zone Specified In Section 15 Of The States Reorganisation
Act, 1956 (37 Of 1956). (2) The [41][Appellate Board] May Exercise
And Discharge Its Powers And Functions Through Benches Constituted By The
Chairman Of The [42][Appellate Board] From Amongst
Its [43][Members"]: [44][Providedthat, 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.] [45][***] (5)No
Member Of The [46][Appellate 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 [47][Appellate Board] Under This 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 [48][Appellate Board] Shall Be Deemed
To Be A Civil Court For The Purposes Of [49][Sections
345 And 346 Of The Code Of Criminal Procedure, 1973 (2 Of 1974)]
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, 1860 (45 Of 1860). [STATE AMENDMENTS [Haryana [50][In Section 12 In Sub-Section (2), For The Words "Members,
Each Bench Consisting Of Not Less Than Three Members", The Word
"Members" Shall Be Substituted.]]] [51][14. Meaning Of Copyright.-Act,
"Copyright" Means The Exclusive Right Subject To The Provisions
Of This Act, To Do Or Authorise The Doing Of Any Of The Following Acts In
Respect Of A Work Or Any Substantial Part Thereof, Namely:-- (A) In The Case Of A Literary, Dramatic
Or Musical Work, Not Being A Computer Programme,-- (I) To Reproduce The Work In Any
Material Form Including The Storing Of It In Any Medium By
Electronic Means; (Ii) To Issue Copies Of The Work To
The Public Not Being Copies Already In Circulation; (Iii) To Perform The Work In Public, Or Communicate It To
The Public; (Iv) To Make Any Cinematograph Film Or Sound Recording
In Respect Of The Work; (V) To Make Any Translation Of The
Work; (Vi) To Make Any Adaptation Of The Work; (Vii) To Do, In Relation To A Translation Or An
Adaptation Of The Work, Any Of The Acts Specified In Relation To The Work In
Sub-Clauses (I) To (Vi); (B) In The Case Of A Computer
Programme,-- (I)To
Do Any Of The Acts Specified In Clause (A); [52][(Ii) To Sell Or Give On
Commercial Rental Or Offer For Sale Or For Commercial Rental Any Copy Of The
Computer Programme: Provided That Such Commercial Rental Does Not Apply
In Respect Of Computer Programmes Where The Programme Itself Is Not The
Essential Object Of The Rental.] (C) In The Case Of An Artistic
Work,-- [53][(I) To Reproduce The Work In Any
Material Form Including- (A) The Storing Of It In Any Medium
By Electronic Or Other Means; Or (B) Depiction In Three-Dimensions Of
A Two-Dimensional Work; Or (C) Depiction In Two-Dimensions Of A
Three-Dimensional Work;] (Ii)To Communicate The Work To The Public; (Iii)To Issue Copies Of The Work To The Public Not Being Copies
Already In Circulation; (Iv)To Include The Work In Any Cinematograph Film; (V)To
Make Any Adaptation Of The Work; (Vi)To Do In Relation To An Adaptation Of The Work Any Of The
Acts Specified In Relation To The Work In Sub-Clauses (I) To (Iv); (D) In The Case Of A Cinematograph
Film,-- [54][(I) To Make A Copy Of The Film,
Including- (A) A Photograph Of Any Image Forming
Part Thereof; Or (B) Storing Of It In Any Medium By
Electronic Or Other Means;] [55][(Ii) To Sell Or Give On
Commercial Rental Or Offer For Sale Or For Such Rental, Any Copy Of The Film;] (Iii)To Communicate The Film To The Public; (E) In The Case Of A Sound
Recording,-- (I)To
Make Any Other Sound Recording Embodying It [56][Including Storing Of It In Any
Medium By Electronic Or Other Means]; [57][(Ii) To Sell Or Give On
Commercial Rental Or Offer For Sale Or For Such Rental, Any Copy Of The Sound
Recording;] (Iii)To Communicate The Sound Recording To The Public. Explanation.--For The Purposes Of This Section, A
Copy Which Has Been Sold Once Shall Be Deemed To Be A Copy Already In
Circulation.] [STATE AMENDMENTS [Haryana [58][In Section 14 (I) In Clause (C), For Sub-Clause
(I), The Following Sub-Clause Shall Be Substituted, Namely:-- "(I) To Reproduce The Work In Any Material
Form Including-- (A) The Storing Of It In Any Medium
By Electronic Or Other Means; Or (B) Depiction In Three-Dimensions Of
A Two-Dimensional Work; Or (C) Depiction In Two-Dimensions Of A
Three-Dimensional Work;"; (Ii) In Clause (D),-- (A) For Sub-Clause (I), The Following
Sub-Clause Shall Be Substituted, Namely:-- "(I) To Make A Copy Of The Film, Including-- (A) A Photograph Of Any Image Forming
Part Thereof; Or (B) Storing Of It In Any Medium By
Electronic Or Other Means;"; (B)For
Sub-Clause (Ii), The Following Sub-Clause Shall Be Substituted, Namely:-- "(Ii) To Sell Or Give On
Commercial Rental Or Offer For Sale Or For Such Rental, Any Copy Of The
Film;"; (Iii) In Clause (E),-- (A) In Sub-Clause (I), After The
Words "Embodying It", The Words "Including Storing Of It In Any
Medium By Electronic Or Other Means" Shall Be Inserted; (B) For Sub-Clause (Ii), The
Following Sub-Clause Shall Be Substituted, Namely:-- "(Ii) To Sell Or Give On
Commercial Rental Or Offer For Sale Or For Such Rental, Any Copy Of The Sound
Recording;".]]] 15 . Special Provision Regarding Copyright In Designs Registered Or
Capable Of Being Registered Under The [59][***] [60][Designs Act, 2000].- (1) Copyright Shall Not Subsist Under
This Act In Any Design Which Is Registered Under The [61][***] [62][Designs Act, 2000 (16 Of 2000)]. (2) Copyright In Any Design, Which Is
Capable Of Being Registered Under The [63][***] [64][Designs Act, 2000 (16 Of 2000)],
But Which Has Not Been So Registered, Shall Cease As Soon As Any Article To
Which The Design Has Been Applied Has Been Reproduced More Than Fifty Times By An
Industrial Process By The Owner Of The Copyright, Or, With His Licence, By
Any Other Person. [STATE AMENDMENTS [Haryana [65][In Section 15 The Words And Figures, "Designs Act,
1911", (2 Of 1911.) Wherever They Occur, The Words And Figures
"Designs Act, 2000" (16 Of 2000.)Shall Be Substituted.]]] Subject To The Provisions Of This Act, The Author
Of A Work Shall Be The Owner Of The Copyright Therein: Provided That-- (A) In The Case Of A Literary,
Dramatic Or Artistic Work Made By The Author In The Course Of His Employment By
The Proprietor Of A Newspaper, Magazine Or Similar Periodical Under A Contract
Of Service Or Apprenticeship, For The Purpose Of Publication In A Newspaper,
Magazine Or Similar Periodical, The Said Proprietor Shall, In The Absence Of
Any Agreement To The Contrary, Be The First Owner Of The Copyright In The Work
In So Far As The Copyright Relates To The Publication Of The Work In Any
Newspaper, Magazine Or Similar Periodical, Or To The Reproduction Of The Work
For The Purpose Of Its Being So Published, But In All Other Respects The Author
Shall Be The First Owner Of The Copyright In The Work; (B) Subject To The Provisions Of
Clause (A), In The Case Of A Photograph Taken, Or A Painting Or Portrait Drawn,
Or An Engraving Or A Cinematograph Film Made, For Valuable Consideration At The
Instance Of Any Person, Such Person Shall, In The Absence Of Any Agreement To
The Contrary, Be The First Owner Of The Copyright Therein; (C) In The Case Of A Work Made In The
Course Of The Author's Employment Under A Contract Of Service Or
Apprenticeship, To Which Clause (A) Or Clause (B) Does Not Apply, The Employer
Shall, In The Absence Of Any Agreement To The Contrary, Be The First Owner Of
The Copyright Therein; [66][(Cc) In Case Of Any Address Or
Speech Delivered In Public, The Person Who Has Delivered Such Address Or Speech
Or If Such Person Has Delivered Such Address Or Speech On Behalf Of Any Other
Person, Such Other Person Shall Be The First Owner Of The Copyright Therein
Notwithstanding That The Person Who Delivers Such Address Or Speech, Or, As The
Case May Be, The Person On Whose Behalf Such Address Or Speech Is Delivered, Is
Employed By Any Other Person Who Arranges Such Address Or Speech Or On Whose
Behalf Or Premises Such Address Or Speech Is Delivered;] (D) In The Case Of A Government Work,
Government Shall, In The Absence Of Any Agreement To The Contrary, Be The First
Owner Of The Copyright Therein; [67][(Dd) In The Case Of A Work Made Or
First Published By Or Under The Direction Or Control Of Any Public Undertaking,
Such Public Undertaking Shall, In The Absence Of Any Agreement To The Contrary,
Be The First Owner Of The Copyright Therein; Explanation.--For The Purposes Of This Clause And
Section 28A, "Public Undertaking" Means-- (I) An Undertaking Owned Or
Controlled By Government; Or (Ii) A Government Company As Defined
In Section 617 Of The Companies Act, 1956 (1 Of 1956); Or (Iii) A Body Corporate Established By Or Under Any
Central, Provincial Or State Act;] (E) In The Case Of A Work To Which
The Provisions Of Section 41 Apply, The International Organisation Concerned
Shall Be The First Owner Of The Copyright Therein. [68][Provided That In Case Of Any
Work Incorporated In A Cinematograph Work, Nothing Contained In Clauses (B) And
(C) Shall Affect The Right Of The Author In The Work Referred To In Clause (A)
Of Sub-Section (1) Of Section 13;] [STATE AMENDMENTS [Haryana [69][In Section 17 The Following Proviso Shall Be Inserted At The End,
Namely:-- Provided That In Case Of Any Work Incorporated In A
Cinematograph Work, Nothing Contained In Clauses (B) And (C) Shall Affect The
Right Of The Author In The Work Referred To In Clause (A) Of Sub-Section (1) Of
Section 13;".]]] (1) The Owner Of The Copyright In An
Existing Work Or The Prospective Owner Of The Copyright In A Future Work May
Assign To Any Person The Copyright Either Wholly Or Partially And Either
Generally Or Subject To Limitations And Either For The Whole Of The Copyright
Or Any Part Thereof: Provided That In The Case Of The Assignment Of
Copyright In Any Future Work, The Assignment Shall Take Effect Only When The
Work Comes Into Existence. [70][Provided Further That No Such
Assignment Shall Be Applied To Any Medium Or Mode Of Exploitation Of The Work
Which Did Not Exist Or Was Not In Commercial Use At The Time When The
Assignment Was Made, Unless The Assignment Specifically Referred To Such Medium
Or Mode Of Exploitation Of The Work: Provided Also That The Author Of The Literary Or
Musical Work Included In A Cinematograph Film Shall Not Assign Or Waive The
Right To Receive Royalties To Be Shared On An Equal Basis With The Assignee Of
Copyright For The Utilisation Of Such Work In Any Form Other Than For The
Communication To The Public Of The Work Along With The Cinematograph Film In A
Cinema Hall, Except To The Legal Heirs Of The Authors Or To A Copyright Society
For Collection And Distribution And Any Agreement To Contrary Shall Be Void: Provided Also That The Author Of The Literary Or
Musical Work Included In The Sound Recording But Not Forming Part Of Any
Cinematograph Film Shall Not Assign Or Waive The Right To Receive Royalties To
Be Shared On An Equal Basis With The Assignee Of Copyright For Any Utilisation
Of Such Work Except To The Legal Heirs Of The Authors Or To A Collecting
Society For Collection And Distribution And Any Assignment To The Contrary
Shall Be Void.] (2) Where The Assignee Of A Copyright
Becomes Entitled To Any Right Comprised In The Copyright, The Assignee As
Respects The Rights So Assigned, And The Assignor As Respects The Rights Not
Assigned, Shall Be Treated For The Purposes Of This Act As The Owner Of
Copyright And The Provisions Of This Act Shall Have Effect Accordingly. (3) In This Section, The Expression
"Assignee" As Respects The Assignment Of The Copyright In Any Future
Work Includes The Legal Representatives Of The Assignee, If The Assignee Dies
Before The Work Comes Into Existence. [STATE AMENDMENTS [Haryana [71][In Section 18 The Following Provisos Shall Be Inserted, Namely:-- "Provided Further That No Such Assignment
Shall Be Applied To Any Medium Or Mode Of Exploitation Of The Work Which Did
Not Exist Or Was Not In Commercial Use At The Time When The Assignment Was
Made, Unless The Assignment Specifically Referred To Such Medium Or Mode Of
Exploitation Of The Work: Provided Also That The Author Of The Literary Or
Musical Work Included In A Cinematograph Film Shall Not Assign Or Waive The
Right To Receive Royalties To Be Shared On An Equal Basis With The Assignee Of
Copyright For The Utilisation Of Such Work In Any Form Other Than For The
Communication To The Public Of The Work Along With The Cinematograph Film In A
Cinema Hall, Except To The Legal Heirs Of The Authors Or To A Copyright Society
For Collection And Distribution And Any Agreement To Contrary Shall Be Void: Provided Also That The Author Of The Literary Or
Musical Work Included In The Sound Recording But Not Forming Part Of Any
Cinematograph Film Shall Not Assign Or Waive The Right To Receive Royalties To
Be Shared On An Equal Basis With The Assignee Of Copyright For Any Utilisation
Of Such Work Except To The Legal Heirs Of The Authors Or To A Collecting Society
For Collection And Distribution And Any Assignment To The Contrary Shall Be
Void.".]]] [72][(1)]No Assignment Of The
Copyright In Any Work Shall Be Valid Unless It Is In Writing Signed By The
Assignor Or By His Duly Authorised Agent. [73][[74][ (2) The Assignment Of Copyright
In Any Work Shall Identify Such Work, And Shall Specify The Rights Assigned And
The Duration And Territorial Extent Of Such Assignment. (3)The
Assignment Of Copyright In Any Work Shall Also Specify The Amount Of [75][Royalty And Any Other
Consideration Payable], To The Author Or His Legal Heirs During The Currency Of
The Assignment And The Assignment Shall Be Subject To Revision, Extension Or
Termination On Terms Mutually Agreed Upon By The Parties. (4)Where The Assignee Does Not
Exercise The Right Assigned To Him Under Any Of The Other Sub-Sections Of This
Section Within Period Of One Year From The Date Of Assignment, The Assignment
In Respect Of Such Rights Shall Be Deemed To Have Lapsed After The Expiry Of
The Said Period Unless Otherwise Specified In The Assignment. (5)If The Period Of Assignment Is Not
Stated, It Shall Be Deemed To Be Five Years From The Dale Of Assignment. (6)If The Territorial Extent Of Assignment Of The
Rights Is Not Specified, It Shall Be Presumed To Extend Within India. (7)Nothing In Sub-Section (2)Or Sub-Section (3) Or
Sub-Section (4) Or Sub-Section (5) Or Sub-Section (6)Shall Be Applicable To
Assignments Made Before The Coming Into Force Of The Copyright (Amendment) Act,
1994.]] [76][(8) The Assignment Of Copyright
In Any Work Contrary To The Terms And Conditions Of The Rights Already Assigned
To A Copyright Society In Which The Author Of The Work Is A Member Shall Be
Void. (9)No Assignment Of Copyright In Any Work To Make A
Cinematograph Film Shall Affect The Right Of The Author Of The Work To Claim An
Equal Share Of Royalties And Consideration Payable In Case Of Utilisation Of
The Work In Any Form Other Than For The Communication To The Public Of The
Work, Along With The Cinematograph Film In A Cinema Hall. (10) No Assignment Of The
Copyright In Any Work To Make A Sound Recording Which Does Not Form Part Of Any
Cinematograph Film Shall Affect The Right Of The Author Of The Work To Claim An
Equal Share Of Royalties And Consideration Payable For Any Utilisation Of Such
Work In Any Form.] [STATE AMENDMENTS [Haryana [77][In Section 19 (I) In Sub-Section (3), For The Words
"Royalty Payable, If Any", The Words "Royalty And Any Other
Consideration Payable" Shall Be Substituted; (Ii) After Sub-Section (7), The
Following Sub-Sections Shall Be Inserted, Namely:-- "(8) The Assignment Of
Copyright In Any Work Contrary To The Terms And Conditions Of The Rights
Already Assigned To A Copyright Society In Which The Author Of The Work Is A
Member Shall Be Void. ?(9) No Assignment Of Copyright
In Any Work To Make A Cinematograph Film Shall Affect The Right Of The Author
Of The Work To Claim An Equal Share Of Royalties And Consideration Payable In
Case Of Utilisation Of The Work In Any Form Other Than For The Communication To
The Public Of The Work, Along With The Cinematograph Film In A Cinema Hall. ?(10) No Assignment Of The
Copyright In Any Work To Make A Sound Recording Which Does Not Form Part Of Any
Cinematograph Film Shall Affect The Right Of The Author Of The Work To Claim An
Equal Share Of Royalties And Consideration Payable For Any Utilisation Of Such
Work In Any Form."]]] [78][19A. Disputes With Respect To
Assignment Of Copyright. (1) If An Assignee Fails To Make
Sufficient Exercise Of The Rights Assigned To Him, And Such Failure Is Not
Attributable To Any Act Or Omission Of The Assignor, Then The [79][Appellate Board] May, On
Receipt Of Complaint From The Assignor And After Holding Such Enquiry As It May
Deem Necessary, Revoke Such Assignment. (2) If Any Dispute Arises With
Respect To The Assignment Of Any Copyright, The [80][Appellate Board] May, On Receipt
Of A Complaint From The Aggrieved Party And After Holding Such Inquiry As
It Considers Necessary, Pass Such Order As It May Deem Fit Including An Order
For The Recovery Of Any Royalty Payable: Provided That [81][Appellate Board] Shall Not Pass
Any Order Under The Sub-Section To Revoke The Assignment Unless It Is
Satisfied That The Terms Of Assignment Are Harsh To The Assignor In Case The
Assignor Is Also The Author: [82][Provided Further That, Pending
The Disposal Of An Application For Revocation Of Assignment Under This
Sub-Section, The [83][Appellate Board] May Pass Such
Order, As It Deems Fit Regarding Implementation Of The Terms And Conditions Of
Assignment Including Any Consideration To Be Paid For The Enjoyment Of The
Rights Assigned:- Provided Also That] No Order Of Revocation Of
Assignment Under This Sub-Section, Shall Be Made Within A Period Of Five
Years From The Date Of Such Assignment.] [84][(3) Every Complaint Received
Under Sub-Section (2) Shall Be Dealt With By The [85][Appellate Board] As Far As
Possible And Efforts Shall Be Made To Pass The Final Order In The Matter Within
A Period Of Six Months From The Date Of Receipt Of The Complaint And Any Delay
In Compliance Of The Same, The [86][Appellate Board] Shall Record
The Reasons Thereof.] [STATE AMENDMENTS [Haryana [87][In Section 19 A (I) In Sub-Section (2), In The Second
Proviso, For The Words "Provided Further That", The Following Shall
Be Substituted, Namely:-- "Provided Further That, Pending The Disposal
Of An Application For Revocation Of Assignment Under This Sub-Section, The
Copyright Board May Pass Such Order, As It Deems Fit Regarding Implementation
Of The Terms And Conditions Of Assignment Including Any Consideration To Be
Paid For The Enjoyment Of The Rights Assigned:-- Provided Also That"; (Ii) After Sub-Section (2), The
Following Sub-Section Shall Be Inserted, Namely:-- "(3) Every Complaint
Received Under Sub-Section (2) Shall Be Dealt With By The Copyright Board As
Far As Possible And Efforts Shall Be Made To Pass The Final Order In The Matter
Within A Period Of Six Months From The Date Of Receipt Of The Complaint And Any
Delay In Compliance Of The Same, The Copyright Board Shall Record The Reasons
Thereof.".]]] (1) The Author Of A Work May Relinquish
All Or Any Of The Rights Comprised In The Copyright In The Work By Giving
Notice In The Prescribed Form To [88][The Registrar Of Copyrights Or
By Way Of Public Notice] And Thereupon Such Rights Shall, Subject To The
Provisions Of Sub-Section (3), Cease To Exist From The Date Of The Notice. (2) On Receipt Of A Notice Under
Sub-Section (1), The Registrar Of Copyrights Shall Cause It To Be Published In
The Official Gazette And In Such Other Manner As He May Deem Fit. [89][(2A) The Registrar Of Copyrights
Shall, Within Fourteen Days From The Publication Of The Notice In The Official
Gazette, Post The Notice On The Official Website Of The Copyright Office So As
To Remain In The Public Domain For A Period Of Not Less Than Three Years.] (3) The Relinquishment Of All Or Any
Of The Rights Comprised In The Copyright In A Work Shall Not Affect Any Rights
Subsisting In Favour Of Any Person On The Date Of The No Lice Referred To In
Sub-Section (1). [STATE AMENDMENTS [Haryana [90][In Section 21 (I) In Sub-Section (1), For The Words
"The Registrar Of Copyrights", The Words "The Registrar Of
Copyrights Or By Way Of Public Notice" Shall Be Substituted; (Ii) After Sub-Section (2), The
Following Sub-Section Shall Be Inserted, Namely:-- "(2A) The Registrar Of
Copyrights Shall, Within Fourteen Days From The Publication Of The Notice In
The Office Gazette, Post The Notice On The Official Website Of The Copyright
Office So As To Remain In The Public Domain For A Period Of Not Less Than Three
Years.".]]] Except As Otherwise Hereinafter Provided, Copyright
Shall Subsist In Any Literary, Dramatic, Musical Or Artistic Work [91][***] Published Within The Lifetime
Of The Author Until [92][Sixty Years] From The Beginning
Of The Calendar Year Next Following The Year In Which The Author Dies. Explanation.--In This Section The Reference To The
Author Shall, In The Case Of A Work Of Joint Authorship, Be Construed As A
Reference To The Author Who Dies Last. [STATE AMENDMENTS [Haryana [93][In Section 22 Omitted.]]] The Owner Of The Copyright In Any Existing Work Of
The Prospective Owner Of The Copyright In Any Future Work May Grant Any
Interest In The Right By Licence In [94][Writing By Him] Or By His Duly
Authorised Agent: Provided That In The Case Of A Licence Relating To
Copyright In Any Future Work, The Licence Shall Take Effect Only When The Work
Comes Into Existence. Explanation.--Where A Person To Whom A Licence
Relating To Copyright In Any Future Work Is Granted Under This Section Dies
Before The Work Comes Into Existence, His Legal Representatives Shall, In The
Absence Of Any Provision To The Contrary In The Licence, Be Entitled To The
Benefit Of The Licence. [STATE AMENDMENTS [Haryana [95][In Section 30 The Words, "Writing Signed By Him", The
Words "Writing By Him" Shall Be Substituted.]]] [96][ 30A . Application Of
Sections 19 And 19A.- The Provisions Of [97][Sections 19] Shall, With Any
Necessary Adaptations And Modifications, Apply In Relation To A Licence Under
Section 30 As They Apply In Relation To Assignment Of Copyright In A Work.] [STATE AMENDMENTS [Haryana [98][In Section 30 A The Words, Figures And Letter, "Section 19 And
19A", The Word And Figures "Section 19" Shall Be Substituted.]]] (1) If At Any Time During The Term Of
Copyright In [99][Any Work] Which Has Been
Published Or Performed In Public, A Complaint Is Made To The [100][Appellate Board] That The Owner
Of Copyright In The Work? (A) Has Refused To Re-Publish Or
Allow The Re-Publication Of The Work Or Has Refused To Allow The Performance In
Public Of The Work, And By Reason Of Such Refusal The Work Is Withheld From The
Public; Or (B) Has Refused To Allow
Communication To The Public By [101][Broadcast], Of Such Work Or In
The Case Of A [102][Sound Recording] The Work Recorded
In Such [103][Sound Recording], On Terms Which
The Complainant Considers Reasonable, The [104][Appellate Board], After Giving
To The Owner Of The Copyright In The Work A Reasonable Opportunity Of Being
Heard And After Holding Such Inquiry As It May Deem Necessary, May, If It Is
Satisfied That The Grounds For Such Refusal Are Not Reasonable, Direct The
Registrar Of Copyrights To Grant To The Complainant A Licence To Re-Publish The
Work, Perform The Work In Public Or Communicate The Work To The Public By [105][Broadcast], As The Case May Be,
Subject To Payment To The Owner Of The Copyright Of Such Compensation And
Subject To Such Other Terms And Conditions As The [106][Appellate Board] May
Determine; And There Upon The Registrar Of Copyrights Shall Grant The [107][Licence To Such Person Or
Persons Who, In The Opinion Of The [108][Appellate Board], Is Or Are
Qualified To Do So] In Accordance With The Directions Of [109][Appellate Board], On Payment Of
Such Fee As May Be Prescribed. [110][***] [111][***] [STATE AMENDMENTS [Haryana [112][In Section 31 (I) In Sub-Section (1),-- (A) For The Words "Any Indian
Work", The Words "Any Work" Shall Be Substituted; (B) For The Words "Licence To
The Complainant" The Words "Licence To Such Person Or Persons Who, In
The Opinion Of The Copyright Board, Is Or Are Qualified To Do So" Shall Be
Substituted; (C) The Explanation Shall Be Omitted; (Ii) Sub-Section (2) Shall Be
Omitted.]]] [113][ 31A. Compulsory Licence In
Unpublished Indian Works.- [114][(1) Where, In The Case Of Any
Unpublished Work Or Any Work Published Or Communicated To The Public And The
Work Is Withheld From The Public In India, The Author Is Dead Or Unknown Or Cannot
Be Traced, Or The Owner Of The Copyright In Such Work Cannot Be Found, Any
Person May Apply To The [115][Appellate Board] For A Licence
To Publish Or Communicate To The Public Such Work Or A Translation Thereof In
Any Language.] (2)Before Making An Application
Under Sub-Section (1), The Applicant Shall Publish His Proposal In One Issue Of
A Daily Newspaper In The English Language Having Circulation In The Major Part
Of The Country And Where The Application Is For The Publication Of A
Translation In Any Language, Also In One Issue Of Any Daily Newspaper In That
Language. (3)Every Such Application Shall Be
Made In Such Form As May Be Prescribed And Shall Be Accompanied With A Copy Of
The Advertisement Issued Under Sub-Section (2) And Such Fee As May Be Prescribed. (4)Where An Application Is Made To
The [116][Appellate Board] Under This
Section, It May, After Holding Such Inquiry As May Be Prescribed, Direct The
Registrar Of Copyrights To Grant To The Applicant A Licence To Publish The Work
Or A Translation Thereof In The Language Mentioned In The Application Subject
To The Payment Of Such Royalty And Subject To Such Other Terms And Conditions
As The [117][Appellate Board] May
Determine, And Thereupon The Registrar Of Copyrights Shall Grant The Licence To
The Applicant In Accordance With The Direction Of The [118][Appellate Board]. (5)Where
A Licence Is Granted Under This Section, The Registrar Of Copyrights May, By
Order, Direct The Applicant To Deposit The Amount Of The Royalty Determined By
The [119][Appellate Board] In The
Public Account Of India Or In Any Other Account Specified By The [120][Appellate Board] So As To
Enable The Owner Of The Copyright Or, As The Case Maybe, His Heirs, Executors
Or The Legal Representatives To Claim Such Royalty At Any Time. (6)Without
Prejudice To The Foregoing Provisions Of This Section, In The Case Of A Work
Referred To In Sub-Section (1), If The Original Author Is Dead, The Central
Government May, If It Considers That The Publication Of The Work Is Desirable
In The National Interest, Require The Heirs, Executors Or Legal Representatives
Of The Author To Publish Such Work Within Such Period As May Be Specified By
It. (7)Where
Any Work Is Not Published Within The Period Specified By The Central Government
Under Sub-Section (6), The [121][Appellate Board] May, On An
Application Made By Any Person For Permission To Publish The Work And After
Hearing The Parties Concerned, Permit Such Publication On Payment Of Such
Royally As The [122][Appellate Board] May, In
The Circumstances Of Such Case, Determine In The Prescribed Manner.] [STATE AMENDMENTS [Haryana [123][In Section 31 A (I) In The Marginal Heading, For The
Words "Indian Works", The Words "Or Published Works" Shall
Be Substituted; (Ii) For Sub-Section (1), The Following
Sub-Section Shall Be Substituted, Namely:-- "(1) Where, In The Case Of
Any Unpublished Work Or Any Work Published Or Communicated To The Public And
The Work Is Withheld From The Public In India, The Author Is Dead Or Unknown Or
Cannot Be Traced, Or The Owner Of The Copyright In Such Work Cannot Be Found,
Any Person May Apply To The Copyright Board For A Licence To Publish Or
Communicate To The Public Such Work Or A Translation Thereof In Any
Language.".]]] [124][(1) Any Person Working For The
Benefit Of Persons With Disability On A Profit Basis Or For Business May Apply
To The [125][Appellate Board], In Such Form
And Manner And Accompanied By Such Fee As May Be Prescribed, For A Compulsory
Licence To Publish Any Work In Which Copyright Subsists For The Benefit Of Such
Persons, In A Case To Which Clause (Zb) Of Sub-Section (1) Of Section 52 Does
Not Apply And The [126][Appellate Board] Shall Dispose
Of Such Application As Expeditiously As Possible And Endeavour Shall Be Made To
Dispose Of Such Application Within A Period Of Two Months From The Date Of
Receipt Of The Application. (2)The [127][Appellate Board] May, On Receipt
Of An Application Under Sub-Section (]), Inquire, Or Direct Such Inquiry As It
Considers Necessary To Establish The Credentials Of The Applicant And Satisfy
Itself That The Application Has Been Made In Good Faith. (3)If
The [128][Appellate Board] Is Satisfied,
After Giving To The Owners Of Rights In The Work A Reasonable Opportunity Of
Being Heard And After Holding Such Inquiry As It May Deem Necessary, That A
Compulsory Licence Needs To Be Issued To Make The Work Available To The
Disabled, It May Direct The Registrar Of Copyrights To Grant To The Applicant
Such A Licence To Publish The Work. (4)Every
Compulsory Licence Issued Under This Section Shall Specify The Means And Format
Of Publication, The Period During Which The Compulsory Licence May Be Exercised
And, In The Case Of Issue Of Copies, The Number Of Copies That May Be Issued
Including The Rate Or Royalty: Provided That Where The [129][Appellate Board] Has Issued Such
A Compulsory Licence It May, On A Further Application And After Giving
Reasonable Opportunity To The Owners Of Rights, Extend The Period Of Such
Compulsory Licence And Allow The Issue Of More Copies As It May Deem Fit.] [STATE AMENDMENTS [Haryana [130][In Section 31 B The Following Sections Shall Be Inserted Namely:-- "31B. Compulsory LicenceFor Benefit Of
Disabled.-- (1) Any Person Working For The Benefit
Of Persons With Disability On A Profit Basis Or For Business May Apply To The
Copyright Board, In Such Form And Manner And Accompanied By Such Fee As May Be
Prescribed, For A Compulsory Licence To Publish Any Work In Which Copyright
Subsists For The Benefit Of Such Persons, In A Case To Which Clause (Zb) Of
Sub-Section (1) Of Section 52 Does Not Apply And The Copyright Board Shall
Dispose Of Such Application As Expeditiously As Possible And Endeavour Shall Be
Made To Dispose Of Such Application Within A Period Of Two Months From The Date
Of Receipt Of The Application. (2) The Copyright Board May, On
Receipt Of An Application Under Sub-Section (1), Inquire, Or Direct Such
Inquiry As It Considers Necessary To Establish The Credentials Of The Applicant
And Satisfy Itself That The Application Has Been Made In Good Faith. (3) If The Copyright Board Is
Satisfied, After Giving To The Owners Of Rights In The Work A Reasonable
Opportunity Of Being Heard And After Holding Such Inquiry As It May Deem
Necessary, That A Compulsory Licence Needs To Be Issued To Make The Work
Available To The Disabled, It May Direct The Registrar Of Copyrights To Grant
To The Applicant Such A Licence To Publish The Work. (4) Every Compulsory Licence Issued
Under This Section Shall Specify The Means And Format Of Publication, The
Period During Which The Compulsory Licence May Be Exercised And, In The Case Of
Issue Of Copies, The Number Of Copies That May Be Issued Including The Rate Or
Royalty: Provided That Where The Copyright Board Has Issued
Such A Compulsory Licence It May, On A Further Application And After Giving
Reasonable Opportunity To The Owners Of Rights, Extend The Period Of Such
Compulsory Licence And Allow The Issue Of More Copies As It May Deem Fit.]]] [131][(1) Any Person Desirous Of
Making A Cover Version, Being A Sound Recording In Respect Of Any Literary,
Dramatic Or Musical Work, Where Sound Recordings Of That Work Have Been Made By
Or With The Licence Or Consent Of The Owner Of The Right In The Work, May Do So
Subject To The Provisions Of This Section: Provided That Such Sound Recordings Shall Be In The
Same Medium As The Last Recording, Unless The Medium Of The Last Recording Is
No Longer In Current Commercial Use. (2)The
Person Making The Sound Recordings Shall Give Prior Notice Of His Intention To
Make The Sound Recordings In The Manner As May Be Prescribed, And Provide In
Advance Copies Of All Covers Or Labels With Which The Sound Recordings Are To
Be Sold, And Pay In Advance, To The Owner Of Rights In Each Work Royalties In
Respect Of All Copies To Be Made By Him, At The Rate Fixed By The [132][Appellate Board] In This Behalf: Provided That Such Sound Recordings Shall Not Be
Sold Or Issued In Any Form Of Packaging Or With Any Cover Or Label Which Is
Likely To Mislead Or Confuse The Public As To Their Identity, And In Particular
Shall Not Contain The Name Or Depict In Any Way Any Performer Of An Earlier
Sound Recording Of The Same Work Or Any Cinematograph Film In Which Such Sound
Recording Was Incorporated And, Further, Shall State On The Cover That It Is A
Cover Version Made Under This Section. (3)The
Person Making Such Sound Recordings Shall Not Make Any Alteration In The
Literary Or Musical Work Which Has Not Been Made Previously By Or With The
Consent Of The Owner Of Rights, Or Which Is Not Technically Necessary For The
Purpose Of Making The Sound Recordings: Provided That Such Sound Recordings Shall Not Be
Made Until The Expiration Of Five Calendar Years After The End Of The Year In
Which The First Sound Recordings Of The Work Was Made. (4)One
Royalty In Respect Of Such Sound Recordings Shall Be Paid For A Minimum Of
Fifty Thousand Copies Of Each Work During Each Calendar Year In Which Copies Of
It Are Made: Provided That The [133][Appellate Board] May, By General
Order, Fix A Lower Minimum In Respect Of Works In A Particular Language Or
Dialect Having Regard To The Potential Circulation Of Such Works. (5)The
Person Making Such Sound Recordings Shall Maintain Such Registers And Books Of
Account In Respect Thereof, Including Full Details Of Existing Stock As May Be
Prescribed And Shall Allow The Owner Of Rights Or His Duly Authorised Agent Or
Representative To Inspect All Records And Books Of Account Relating To Such
Sound Recording: Provided That If On A Complaint Brought Before
The [134][Appellate Board] To The Effect
That The Owner Of Rights Has Not Been Paid In Full For Any Sound Recordings
Purporting To Be Made In Pursuance Of This Section, The [135][Appellate Board] Is, Prima
Facie, Satisfied That The Complaint Is Genuine, It May Pass An Order Ex Parte
Directing The Person Making The Sound Recording To Cease From Making Further
Copies And, After Holding Such Inquiry As It Considers Necessary, Make Such
Further Order As It May Deem Fit, Including An Order For Payment Of Royalty. Explanation-For The Purposes Of This Section
"Cover Version" Means A Sound Recording Made In Accordance With This
Section.] [STATE AMENDMENTS [Haryana [136][In Section 31 C The Following Sections Shall Be Inserted Namely:-- 31C. Statutory LicenceFor Cover Versions.-- (1) Any Person Desirous Of Making A
Cover Version, Being A Sound Recording In Respect Of Any Literary, Dramatic Or
Musical Work, Where Sound Recordings Of That Work Have Been Made By Or With The
Licence Or Consent Of The Owner Of The Right In The Work, May Do So Subject To
The Provisions Of This Section: Provided That Such Sound Recordings Shall Be In The
Same Medium As The Last Recording, Unless The Medium Of The Last Recording Is
No Longer In Current Commercial Use. (2) The Person Making The Sound
Recordings Shall Give Prior Notice Of His Intention To Make The Sound
Recordings In The Manner As May Be Prescribed, And Provide In Advance Copies Of
All Covers Or Labels With Which The Sound Recordings Are To Be Sold, And Pay In
Advance, To The Owner Of Rights In Each Work Royalties In Respect Of All Copies
To Be Made By Him, At The Rate Fixed By The Copyright Board In This Behalf: Provided That Such Sound Recordings Shall Not Be
Sold Or Issued In Any Form Of Packaging Or With Any Cover Or Label Which Is
Likely To Mislead Or Confuse The Public As To Their Identity, And In Particular
Shall Not Contain The Name Or Depict In Any Way Any Performer Of An Earlier
Sound Recording Of The Same Work Or Any Cinematograph Film In Which Such Sound
Recording Was Incorporated And, Further, Shall State On The Cover That It Is A
Cover Version Made Under This Section. (3) The Person Making Such Sound
Recordings Shall Not Make Any Alteration In The Literary Or Musical Work Which
Has Not Been Made Previously By Or With The Consent Of The Owner Of Rights, Or
Which Is Not Technically Necessary For The Purpose Of Making The Sound
Recordings: Provided That Such Sound Recordings Shall Not Be
Made Until The Expiration Of Five Calendar Years After The End Of The Year In
Which The First Sound Recordings Of The Work Was Made. (4) One Royalty In Respect Of Such
Sound Recordings Shall Be Paid For A Minimum Of Fifty Thousand Copies Of Each
Work During Each Calendar Year In Which Copies Of It Are Made: Provided That The Copyright Board May, By General
Order, Fix A Lower Minimum In Respect Of Works In A Particular Language Or
Dialect Having Regard To The Potential Circulation Of Such Works. (5) The Person Making Such Sound
Recordings Shall Maintain Such Registers And Books Of Account In Respect
Thereof, Including Full Details Of Existing Stock As May Be Prescribed And
Shall Allow The Owner Of Rights Or His Duly Authorised Agent Or Representative
To Inspect All Records And Books Of Account Relating To Such Sound Recording: Provided That If On A Complaint Brought Before The
Copyright Board To The Effect That The Owner Of Rights Has Not Been Paid In
Full For Any Sound Recordings Purporting To Be Made In Pursuance Of This
Section, The Copyright Board Is, Prima Facie, Satisfied That The Complaint Is
Genuine, It May Pass An Order Ex Parte Directing The Person Making The Sound
Recording To Cease From Making Further Copies And, After Holding Such Inquiry
As It Considers Necessary, Make Such Further Order As It May Deem Fit,
Including An Order For Payment Of Royalty. Explanation.--For The Purposes Of This Section
"Cover Version" Means A Sound Recording Made In Accordance With This
Section.]]] [137][(1) Any Broadcasting
Organisation Desirous Of Communicating To The Public By Way Of A Broadcast Or
By Way Of Performance Of A Literary Or Musical Work And Sound Recording Which
Has Already Been Published May Do So Subject To The Provisions Of This Section. (2)The
Broadcasting Organisation Shall Give Prior Notice, In Such Manner As May Be
Prescribed, Of Its Intention To Broadcast The Work Stating The Duration And
Territorial Coverage Of The Broadcast, And Shall Pay To The Owner Of Rights In
Each Work Royalties In The Manner And At The Rate Fixed By The[138][Appellate Board]. (3)The
Rates Of Royalty For Radio Broadcasting Shall Be Different From Television
Broadcasting And The [139][Appellate Board] Shall Fix
Separate Rates For Radio Broadcasting And Television Broadcasting. (4)In
Fixing The Manner And The Rate Of Royalty Under Sub-Section (2), The [140][Appellate Board] May Require The
Broadcasting Organisation To Pay An Advance To The Owners Of Rights. (5)The Names Of The Authors And The
Principal Performers Of The Work Shall, Except In Case Of The Broadcasting
Organisation Communicating Such Work By Way Of Performance, Be Announced With
The Broadcast. (6)No Fresh Alteration To Any
Literary Or Musical Work, Which Is Not Technically Necessary For The Purpose Of
Broadcasting, Other Than Shortening The Work For Convenience Of Broadcast,
Shall Be Made Without The Consent Of The Owners Of Rights. (7)The Broadcasting
Organisation Shall- (A) Maintain Such Records And Books
Of Account, And Render To The Owners Of Rights Such Reports And Accounts; And (B) Allow The Owner Of Rights Or His
Duly Authorised Agent Or Representative To Inspect All Records And Books Of
Account Relating To Such Broadcast, In Such Manner As May Be
Prescribed. (8)Nothing In This Section Shall
Affect The Operation Of Any Licence Issued Or Any Agreement Entered Into Before
The Commencement Of The Copyright (Amendment) Act, 2012.] [STATE AMENDMENTS [Haryana [141][In Section 31 D The Following Sections Shall Be Inserted Namely:-- 31D. Statutory LicenceFor
Broadcasting Of Literary And Musical Works And Sound Recording.-- (1) Any Broadcasting Organisation
Desirous Of Communicating To The Public By Way Of A Broadcast Or By Way Of
Performance Or A Literary Or Musical Work And Sound Recording Which Has Already
Been Published May Do So Subject To The Provisions Of This Section. (2) The Broadcasting Organisation
Shall Give Prior Notice, In Such Manner As May Be Prescribed, Of Its Intention
To Broadcast The Work Stating The Duration And Territorial Coverage Of The
Broadcast, And Shall Pay To The Owner Of Rights In Each Work Royalties In The
Manner And At The Rate Fixed By The Copyright Board. (3) The Rates Of Royalty For Radio
Broadcasting Shall Be Different From Television Broadcasting And The Copyright
Board Shall Fix Separate Rates For Radio Broadcasting And Television
Broadcasting. (4) In Fixing The Manner And The Rate
Of Royalty Under Sub-Section (2), The Copyright Board May Require The
Broadcasting Organisation To Pay An Advance To The Owners Of Rights. (5) The Names Of The Authors And The
Principal Performers Of The Work Shall, Except In Case Of The Broadcasting
Organisation Communicating Such Work By Way Of Performance, Be Announced With
The Broadcast. (6) No Fresh Alteration To Any
Literary Or Musical Work, Which Is Not Technically Necessary For The Purpose Of
Broadcasting, Other Than Shortening The Work For Convenience Of Broadcast,
Shall Be Made Without The Consent Of The Owners Of Rights. (7) The Broadcasting, Organisation
Shall? (A) Maintain Such Records And Books
Of Account, And Render To The Owners Of Rights Such Reports And Accounts; And (B) Allow The Owner Of Rights Or His
Duly Authorised Agent Or Representative To Inspect All Records And Books Of
Account Relating To Such Broadcast, In Such Manner As May Be Prescribed. (8) Nothing In This Section Shall Affect
The Operation Of Any Licence Issued Or Any Agreement Entered Into Before The
Commencement Of The Copyright (Amendment) Act, 2012.".]]] (1) No Person Or Association Of
Persons Shall, After Coming Into Force Of The Copyright (Amendment) Act. 1994
Commence Or, Carry On Me Business Of Issuing Or Granting Licences In Respect Of
Any Work In Which Copyright Subsists Or In Respect Of Any Other Rights
Conferred By This Act Except Under Or In Accordance With The Registration
Granted Under Sub-Section (3): Provided That An Owner Of Copyright Shall, In His
Individual Capacity, Continue To Have The Right To Grant Licences In Respect Of
His Own Works Consistent With His Obligations As A Member Of The Registered
Copyright Society: [142][Provided Further That The
Business Of Issuing Or Granting License In Respect Of Literary, Dramatic,
Musical And Artistic Works Incorporated In A Cinematograph Films Or Sound
Recordings Shall Be Carried Out Only Through A Copyright Society Duly
Registered Under This Act: Provided Also] That A Performing Rights Society
Functioning In Accordance With The Provisions Of Section 33 On The Date
Immediately Before The Coming Into Force Of The Copyright (Amendment) Act, 1994
Shall Be Deemed To Be A Copyright Society For The Purposes Of This Chapter And
Every Such Society Shall Get Itself Registered Within A Period Of One Year From
The Date Of Commencement Of The Copyright (Amendment) Act, 1994. (2) Any Association Of Persons Who
Fulfils Such Conditions As May Be Prescribed May Apply For Permission To Do The
Business Specified In Sub-Section (1) To The Registrar Of Copyrights Who Shall
Submit The Application To The Central Government. (3) The Central Government May,
Having Regard To The Interests Of The Authors And Other Owners Of Rights Under
This Act, The Interest And Convenience Of The Public And In Particular Of The
Groups Of Persons Who Are Most Likely To Seek Licences In Respect Of The
Applicants, Register Such Association Of Persons As A Copyright Society Subject
To Such Conditions As May Be Prescribed: Provided That The Central Government Shall Not
Ordinarily Register More Than One Copyright Society To Do Business In Respect
Of The Same Class Of Works. [143][(3A) The Registration Granted To
A Copyright Society Under Sub-Section (3) Shall Be For A Period Of Five Years
And May Be Renewed From Time To Time Before The End Of Every Five Years On A
Request In The Prescribed Form And The Central Government May Renew The Registration
After Considering The Report Of Registrar Of Copyrights On The Working Of The
Copyright Society Under Section 36: Provided That The Renewal Of The Registration Of A
Copyright Society Shall Be Subject To The Continued Collective Control Of The
Copyright Society Being Shared With The Authors Of Works In Their Capacity As
Owners Of Copyright Or Of The Right To Receive Royalty: Provided Further That Every Copyright Society
Already Registered Before The Coming Into Force Of The Copyright (Amendment)
Act, 2012 Shall Get Itself Registered Under This Chapter
Within A Period Of One Year From The Date Of Commencement Of The Copyright
(Amendment) Act, 2012.] (4) The Central Government May, If It
Is Satisfied That A Copyright Society Is Being Managed In A Manner Detrimental
To The Interests Of The [144][Authors And Other Owners Of
Right] Concerned, Cancel The Registration Of Such Society After Such Inquiry As
May Be Prescribed. (5) If The Central Government Is Of
The Opinion That In The Interest Of The 3[Authors And Other Owners Of
Right] Concerned, [145][Or For Non-Compliance Of
Sections 33A, Sub-Section (3) Of Section 35 And Section 36 Or Any Change
Carried Out In The Instrument By Which The Copyright Society Is Established Or
Incorporated And Registered By The Central Government Without Prior Notice To
It] It Is Necessary So To Do It May, By Order Suspend The Registration Of Such
Society Pending Inquiry For Such Period Not Exceeding One Year As May Be
Specified In Such Order Under Sub-Section (4) And That Government Shall Appoint
An Administrator To Discharge The Functions Of The Copyright Society. [STATE AMENDMENTS [Haryana [146][In Section 33 (I)In
Sub-Section (1), For The Words, "Provided Further, The Following Shall Be
Substituted, Namely:-- "Provided Further That The Business Of Issuing
Or Granting License In Respect Of Literary, Dramatic, Musical And Artistic
Works Incorporated In A Cinematograph Films Or Sound Recordings Shall Be
Carried Out Only Through A Copyright Society Duly Registered Under This Act: Provided Also"; (Ii)After Sub-Section (3), The Following Shall Be Inserted,
Namely:-- "(3A) The Registration
Granted To A Copyright Society Under Sub-Section (3) Shall Be For A Period Of
Five Years And May Be Renewed From Time To Time Before The End Of Every Five
Years On A Request In The Prescribed Form And The Central Government May Renew
The Registration After Considering The Report Of Registrar Of Copyrights On The
Working Of The Copyright Society Under Section 36: Provided That The Renewal Of The Registration Of A
Copyright Society Shall Be Subject To The Continued Collective Control Of The
Copyright Society Being Shared With The Authors Of Works In Their Capacity As
Owners Of Copyright Or Of The Right To Receive Royalty: Provided Further That Every Copyright Society
Already Registered Before The Coming Into Force Of The Copyright (Amendment)
Act, 2012 Shall Get Itself Registered Under This Chapter Within A Period Of One
Year From The Date Of Commencement Of The Copyright (Amendment) Act,
2012.". (Iii)In
Sub-Sections (4) And (5), For The Words "Owners Of Rights", The Words
"Authors And Other Owners Of Right" Shall Be Substituted; (Iv)In Sub-Section (5), After The Word
"Concerned" The Words "Or For Non-Compliance Of Sections 33A,
Sub-Section (3) Of Section 35 And Section 36 Or Any Change Carried Out In The
Instrument By Which The Copyright Society Is Established Or Incorporated And
Registered By The Central Government Without Prior Notice To It" Shall Be
Inserted.]]] [147][(1) Every Copyright Society
Shall Publish Its Tariff Scheme In Such Manner As May Be Prescribed. (2)Any
Person Who Is Aggrieved By The Tariff Scheme May Appeal To The [148][Appellate Board] And The Board May, If Satisfied After
Holding Such Inquiry As It May Consider Necessary, Make Such Orders As May Be
Required To Remove Any Unreasonable Element, Anomaly Or Inconsistency Therein: Provided That The Aggrieved Person Shall Pay To The
Copyright Society Any Fee As May Be Prescribed That Has Fallen Due Before
Making An Appeal To The [149][Appellate Board] And Shall
Continue To Pay Such Fee Until The Appeal Is Decided, And The Board Shall Not
Issue Any Order Staying The Collection Of Such Fee Pending Disposal Of The
Appeal: Provided Further That The [150][Appellate Board] May After
Hearing The Parties Fix An Interim Tariff And Direct The Aggrieved Parties To
Make The Payment Accordingly Pending Disposal Of The Appeal.] [STATE AMENDMENTS [Haryana [151][In Section 33 A The Following Section Shall Be Inserted, Namely:-- "33A. Tariff Scheme By Copyright Societies.-- (1) Every Copyright Society Shall
Publish Its Tariff Scheme In Such Manner As May Be Prescribed. (2) Any Person Who Is Aggrieved By
The Tariff Scheme May Appeal To The Copyright Board And The Board May, If
Satisfied After Holding Such Inquiry As It May Consider Necessary, Make Such
Orders As May Be Required To Remove Any Unreasonable Element, Anomaly Or
Inconsistency Therein: Provided That The Aggrieved Person Shall Pay To The
Copyright Society Any Fee As May Be Prescribed That Has Fallen Due Before
Making An Appeal To The Copyright Board And Shall Continue To Pay Such Fee
Until The Appeal Is Decided, And The Board Shall Not Issue Any Order Staying
The Collection Of Such Fee Pending Disposal Of The Appeal: Provided Further That The Copyright Board May After
Hearing The Parties Fix An Interim Tariff And Direct The Aggrieved Parties To
Make The Payment Accordingly Pending Disposal Of The Appeal.".]]] (1) Subject To Such Conditions As May
Be Prescribed.? (A) A Copyright Society May Accept
From An [152][Author And Other Owners Of
Right] Exclusive Authorisation To Administer Any Right In Any Work By Issue Of
Licences Or Collection Of Licence Fees Or Both; And (B) An [153][Author And Other Owners Of
Right] Shall Have The Right To Withdraw Such Authorisation Without Prejudice To
The Rights Of The Copyright Society Under Any Contract. (2) It Shall Be Competent For A
Copyright Society To Enter Into Agreement With Any Foreign Society Or
Organisation Administering Rights Corresponding To Rights Under This Act, To
Entrust To Such Foreign Society Or Organisation The Administration In Any
Foreign Country Of Rights Administered By The Said Copyright Society In India,
Or For Administering In India The Rights Administered In A Foreign Country By
Such Foreign Society Or Organisation: Provided That No Such, Society Or Organisation
Shall Permit Any Discrimination In Regard To The Terms Of Licence Or The
Distribution Of Fees Collected Between Rights In Indian And Other Works. (3) Subject To Such Conditions As May
Be Prescribed, A Copyright Society May? (I) Issue Licences Under Section 30
In Respect Of Any Rights Under This Act; (Ii) Collect Fees In Pursuance Of Such
Licences; (Iii) Distribute Such Fees Among Owners Of Rights After
Making Deductions For Its Own Expenses; (Iv) Perform Any Other Functions Consistent With The
Provisions Of Section 35. [STATE AMENDMENTS [Haryana [154][In Section 34 The Words "Author And Other Owners Of
Right" Shall Be Substituted.]]] [155][***] [STATE AMENDMENTS [Haryana [156][In Section 34 A Omitted.]]] (1) Every Copyright Society Shall Be
Subject To The Collective Control Of The [157][Author And Other Owners Of
Right] Under This Act Whose Rights It Administers (Not Being [158][Author And Other Owners Of
Right] Under This Act Administered By A Foreign Society Or Organisation
Referred To In Sub-Section (2) Of Section 34) And Shall, In Such Manner As May
Be Prescribed,-- (A) Obtain The Approval Of Such [159][Author And Other Owners Of
Right] For Its Procedures Of Collection And Distribution Of Fees; (B) Obtain Their Approval For The
Utilisation Of Any Amounts Collected As Fees For Any Purpose Other Than
Distribution To The Owner Of Rights; And (C) Provide To Such Owners Regular,
Full And Detailed Information Concerning All Its Activities, In Relation To The
Administration Of Their Rights. (2) All Fees Distributed Among
The [160][Author And Other Owners Of
Right] Shall, As Far As May Be, Be Distributed In Proportion To The Actual Use
Of Their Works. [161][(3) Every Copyright Society
Shall Have A Governing Body With Such Number Of Persons Elected From Among The
Members Of The Society Consisting Of Equal Number Of Authors And Owners Of Work
For The Purpose Of The Administration Of The Society As May Be Specified. (4)All
Members Of Copyrights Society Shall Enjoy Equal Membership Rights And There
Shall Be No Discrimination Between Authors And Owners Of Rights In The
Distribution Of Royalties.] [STATE AMENDMENTS [Haryana [162][In Section 35 (A) For The Words "Owners Of
Rights", Wherever They Occur, The Words "Author And Other Owners Of
Right" Shall Be Substituted; (B) After Sub-Section (2), The
Following Sub-Sections Shall Be Inserted, Namely:-- (3)Every Copyright Society Shall
Have A Governing Body With Such Number Of Persons Elected From Among The
Members Of The Society Consisting Of Equal Number Of Authors And Owners Of Work
For The Purpose Of The Administration Of The Society As May Be Specified. (4)All Members Of Copyrights Society
Shall Enjoy Equal Membership Rights And There Shall Be No Discrimination
Between Authors And Owners Of Rights In The Distribution Of Royalties.]]] Nothing In This Chapter Shall Affect Any Rights Or
Liabilities In Any Work In Connection With A[163][Copyright Society] Which Had
Accrued Or Were Incurred On Or Before The Day Prior To The Commencement
Of [164][The Copyright (Amendment) Act,
2012], Or Any Legal Proceedings In Respect Of Any Such Rights Or Liabilities
Pending On That Day.] [STATE AMENDMENTS [Haryana [165][In Section 36 A (A) For The Words "Performing
Rights Society", The Words "Copyright Society" Shall Be Substituted; (B) For The Words, Brackets And
Figures "The Copyright (Amendment) Act, 1994", (38 Of 1994.) The
Words, Brackets And Figures "The Copyright (Amendment) Act, 2012"
Shall Be Substituted.]]] [166] [37.Broadcast Reproduction
Right.- (1) Every Broadcasting Organisation
Shall Have A Special Right To Be Known As "Broadcast Reproduction
Right" In Respect Of Its Broadcasts. (2) The Broadcast Reproduction Right
Shall Subsist Until Twenty-Five Years From The Beginning Of The Calendar Year
Next Following The Year In Which The Broadcast Is Made. (3) During The Continuance Of Abroad
Cast Reproduction Right In Relation To Any Broadcast, Any Person Who, Without
The Licence Of The Owner Of The Right Does Any Of The Following Acts Of The
Broadcast Or Any Substantial Part Thereof,-- (A) Re-Broadcasts The Broadcast; Or (B) Causes The Broadcast To Be Heard
Or Seen By The Public On Payment Of Any Charges; Or (C) Makes Any Sound Recording Or
Visual Recording Of The Broadcast; Or (D) Makes Any Reproduction Of Such
Sound Recording Or Visual Recording Where Such Initial Recording Was Done
Without Licence Or, Where It Was Licensed, For Any Purpose Not Envisaged By
Such Licence; Or [167][(E) Sells Or Gives On Commercial
Rental Or Offer For Sale Or For Such Rental, Any Such Sound Recording Or Visual
Recording Referred To In Clause (C) Or Clause (D).] [STATE AMENDMENTS [Haryana [168][In Section 37 The Following Clause Shall Be Substituted,
Namely:-- "(E) Sells Or Gives On
Commercial Rental Or Offer For Sale Or For Such Rental, Any Such Sound
Recording Or Visual Recording Referred To In Clause (C) Or Clause
(D),".]]] [169][38.Performer's Right.- (1) Where Any Performer Appears Or
Engages In Any Performance, He Shall Have A Special Right To Be Known As The
"Performer's Right" In Relation To Such Performance. (2) The Performer's Right Shall
Subsist Until [170][Fifty Years] From The Beginning
Of The Calendar Year Next Following The Year In Which The Performance Is Made. [171][***] [STATE AMENDMENTS [Haryana [172][In Section 38 Omitted]]] [173][(1) Without Prejudice To The
Rights Conferred On Authors, The Performer's Right Which Is An Exclusive Right
Subject To The Provisions Of This Act To Do Or Authorise For Doing Any Of The
Following Acts In Respect Of The Performance Or Any Substantial Part Thereof,
Namely:- (A) To Make A Sound Recording Or A
Visual Recording Of The Performance, Including- (I) Reproduction Of It In Any
Material Form Including The Storing Of It In Any Medium By Electronic Or Any
Other Means; (Ii) Issuance Of Copies Of It To The
Public Not Being Copies Already In Circulation; (Iii) Communication Of It To The Public; (Iv) Selling Or Giving It On Commercial Rental Or Offer
For Sale Or For Commercial Rental Any Copy Of The Recording; (B) To Broadcast Or Communicate The
Performance To The Public Except Where The Performance Is Already Broadcast. (2)Once
A Performer Has, By Written Agreement, Consented To The Incorporation Of His
Performance In A Cinematograph Film He Shall Not, In The Absence Of Any
Contract To The Contrary, Object To The Enjoyment By The Producer Of The Film
Of The Performer's Right In The Same Film: Provided That, Notwithstanding Anything Contained
In This Sub-Section, The Performer Shall Be Entitled For Royalties In Case Of
Making Of The Performances For Commercial Use. [STATE AMENDMENTS [Haryana [174][In Section 38 A The Following Sections Shall Be Inserted, Namely:-- "38A. Exclusive Right Of Performers.-- (1) Without Prejudice To The Rights
Conferred On Authors, The Performer's Right Which Is An Exclusive Right Subject
To The Provisions Of This Act To Do Or Authorise For Doing Any Of The Following
Acts In Respect Of The Performance Or Any Substantial Part Thereof, Namely:-- (A) To Make A Sound Recording Or A
Visual Recording Of The Performance, Including? (I) Reproduction Of It In Any
Material Form Including The Storing Of It In Any Medium By Electronic Or Any
Other Means; (Ii) Issuance Of Copies Of It To The
Public Not Being Copies Already In Circulation; (Iii) Communication Of It To The Public; (Iv) Selling Or Giving It On Commercial Rental Or Offer
For Sale Or For Commercial Rental Any Copy Of The Recording; (B) To Broadcast Or Communicate The Performance
To The Public Except Where The Performance Is Already Broadcast. (2) Once A Performer Has, By Written
Agreement, Consented To The Incorporation Of His Performance In A Cinematograph
Film He Shall Not, In The Absence Of Any Contract To The Contrary, Object To
The Enjoyment By The Producer Of The Film Of The Performer's Right In The Same
Film: Provided That, Notwithstanding Anything Contained
In This Sub-Section, The Performer Shall Be Entitled For Royalties In Case Of
Making Of The Performances For Commercial Use.]]] [175][The Performer Of A Performance
Shall, Independently Of His Right After Assignment, Either Wholly Or Partially
Of His Right, Have The Right,- (A) To Claim To Be Identified As The
Performer Of His Performance Except Where Omission Is Dictated By The Manner Of
The Use Of The Performance; And (B) To Restrain Or Claim Damages In
Respect Of Any Distortion, Mutilation Or Other Modification Of His Performance
That Would Be Prejudicial To His Reputation. Explanation.-For The Purposes Of This Clause, It Is
Hereby Clarified That Mere Removal Of Any Portion Of A Performance For The
Purpose Of Editing, Or To Fit The Recording Within A Limited Duration, Or Any
Other Modification Required For Purely Technical Reasons Shall Not Be Deemed To
Be Prejudicial To The Performer's Reputation.] [STATE AMENDMENTS [Haryana [176][In Section 38 B The Following Sections Shall Be Inserted, Namely:-- ?38B. Moral Rights Of The Performer.-- The Performer Of A Performance Shall, Independently
Of His Right After Assignment, Either Wholly Or Partially Of His Right, Have
The Right,-- (A) To Claim To Be Identified As The
Performer Of His Performance Except Where Omission Is Dictated By The Manner Of
The Use Of The Performance; And (B) To Restrain Or Claim Damages In
Respect Of Any Distortion, Mutilation Or Other Modification Of His Performance
That Would Be Prejudicial To His Reputation. Explanation.--For The Purposes Of This Clause, It
Is Hereby Clarified That Mere Removal Of Any Portion Of A Performance For The
Purpose Of Editing, Or To Fit The Recording Within A Limited Duration, Or Any
Other Modification Required For Purely Technical Reasons Shall Not Be Deemed To
Be Prejudicial To The Performer's Reputation.]]] [177][(1) Sections 18, 19, 30, 30A,
33, 33A, 34, 35, 36, 53, 55, 58, 63, 64, 65, 65A, 65B And 66 Shall, With Necessary
Adaptations And Modifications, Apply In Relation To The Broadcast Reproduction
Right In Any Broadcast And The Performer's Right In Any Performance As They
Apply In Relation To Copyright In A Work: Provided That Where Copyright Or Performer's Right
Subsists In Respect Of Any Work Or Performance That Has Been Broadcast, No
Licence To Reproduce Such Broadcast, Shall Be Given Without The Consent Of The
Owner Of Right Or Performer, As The Case May Be, Or Both Of Them: Provided Further That The Broadcast Reproduction
Right Or Performer's Right Shall Not Subsist In Any Broadcast Or Performance If
That Broadcast Or Performance Is An Infringement Of The Copyright In Any Work. (2)The
Broadcast Reproduction Right Or The Performer's Right Shall Not Affect The Separate
Copyright In Any Work In Respect Of Which, The Broadcast Or The Performance, As
The Case May Be, Is Made.] [STATE AMENDMENTS [Haryana [178][In Section 39 A The Following Section Shall Be Substituted,
Namely:-- "39A. Certain Provisions To
Apply In Case Of Broadcast Reproduction Right And Performer's Rights.-- (1) Sections 18, 19, 30, 30A, 33,
33A, 34, 35, 36, 53, 55, 58, 63, 64, 65, 65A, 65B And 66 Shall, With Necessary
Adaptations And Modifications, Apply In Relation To The Broadcast Reproduction
Right In Any Broadcast And The Performer's Right In Any Performance As They
Apply In Relation To Copyright In A Work: Provided That Where Copyright Or Performer's Right
Subsists In Respect Of Any Work Or Performance That Has Been Broadcast, No Licence
To Reproduce Such Broadcast, Shall Be Given Without The Consent Of The Owner Of
Right Or Performer, As The Case May Be, Or Both Of Them: Provided Further That The Broadcast Reproduction
Right Or Performer's Right Shall Not Subsist In Any Broadcast Or Performance If
That Broadcast Or Performance Is An Infringement Of The Copyright In Any Work. (2) E Broadcast Reproduction Right Or
The Performer's Right Shall Not Affect The Separate Copyright In Any Work In
Respect Of Which, The Broadcast Or The Performance, As The Case May Be, Is
Made.".]]] The Central Government May, By Order [179]Published In The Official
Gazette, Direct That All Or Any Provisions Of This Act Shall Apply-- (A) To Work First Published In Any
Territory Outside India To Which The Order Relates [180][But Such A Term Of Copyright
Shall Not Exceed The Term Of Copyright Provided Under This Act] In Like Manner
As If They Were First Published Within India; (B) To Unpublished Works, Or Any
Class Thereof, The Authors Whereof Were At The Time Of The Making Of The Work,
Subjects Or Citizens Of A Foreign Country To Which The Order Relates, In Like
Manner As If The Authors Were Citizens Of India; (C) In Respect Of Domicile In Any
Territory Outside India To Which The Order Relates In Like Manner As If Such
Domicile Were In India; (D) To Any Work Of Which The Author
Was At The Date Of The First Publication Thereof, Or, In A Case Where The
Author Was Dead At That Date, Was At The Time Of His Death, A Subject Or
Citizen Of A Foreign Country To Which The Order Relates In Like Manner As If
The Author Was A Citizen Of India At That Dale Or Time, And Thereupon, Subject
To The Provisions Of This Chapter And Of This Order, This Act Shall Apply
Accordingly: Provided That-- (I) Before Making An Order Under This
Section In Respect Of Any Foreign Country (Other Than A Country With Which
India Has Entered Into A Treaty Or Which Is A Party To A Convention Relating To
Copyright To Which India Is Also A Party), The Central Government Shall Be
Satisfied That Foreign Country Has Made, Or Has Undertaken To Make, Such
Provisions If Any, As It Appears To The Central Government Expedient To Require
For The Protection In That Country Of Works Entitled To Copyright Under The
Provisions Of This Act; (Ii) The Order May Provide That
Provisions Of This Act Shall Apply Either Generally Or In Relation To Such
Classes Of Works Or Such Classes Of Cases As May Be Specified In The Order; (Iii) The Order May Provide That The Term Of Copyright In
India Shall Not Exceed That Conferred By The Law Of The Country To Which The
Order Relates; (Iv) The Order May Provide That The Enjoyment Of The
Rights Conferred By This Act Shall Be Subject To The Accomplishment Of Such
Conditions And Formalities, If Any, As May Be Prescribed By The Order; (V) In Applying The Provisions Of
This Act As To Ownership Of Copyright, The Order May Make Such Exception And
Modifications As Appear Necessary, Having Regard To The Law Of The Foreign
Country; (Vi) The Order May Provide That This Act Or Any Part
Thereof Shall Not Apply To Works Made Before The Commencement Of The Order Or
That This Act Or Any Part Thereof Shall Not Apply To Works First Published
Before The Commence?ment Of The Order. [STATE AMENDMENTS [Haryana [181][In Section 40 The Words "But Such A Term Of Copyright Shall
Not Exceed The Term Of Copyright Provided Under This Act" Shall Be
Inserted.]]] [182][40A Power Of Central Government
To Apply Chapter VIII To Broadcasting Organisations And Performers In Certain
Other Countries.- (1) If The Central Government Is
Satisfied That A Foreign Country (Other Than A Country With Which India Has
Entered Into A Treaty Or Which Is A Party To A Convention Relating To Rights Of
Broadcasting Organisations And Performers To Which India Is Also A Party) Has
Made Or Has Undertaken To Make Such Provisions, If Any, As It Appears To The
Central Government Expedient To Require, For The Protection In That Foreign
Country, Of The Rights Of Broadcasting Organisations And Performers As Is
Available Under This Act, It May, By Order Published In The Official Gazette,
Direct That The Provisions Of Chapter VIII Shall Apply? (A) To Broadcasting Organisations
Whose Headquarters Is Situated In A Country To Which The Order Relates Or, The
Broadcast Was Transmitted From A Transmitter Situated In A Country To Which The
Order Relates As If The Headquarters Of Such Organisation Were Situated In
India Or Such Broadcast Were Made From India; (B) To Performances That Took Place
Outside India To Which The Order Relates In Like Manner As If They Took Place
In India; (C) To Performances That Are
Incorporated In A Sound Recording Published In A Country To Which The Order
Relates As If It Was Published In India;To Performances Not Fixed On A Sound
Recording Broadcast By A Broadcasting Organisation The Headquarters Of Which Is
Located In A Country To Which The Order Relates Or Where The Broadcast Is
Transmitted From A Transmitter Which Is Situated In A Country To Which The
Order Relates As If The Headquarters Of Such Organisation Were Situated In
India Or Such Broadcast Were Made From India. (2) Every Order Made Under
Sub-Section (1) May Provide That- (I) The Provisions Of Chapter VIII
Shall Apply Either Generally Or In Relation To Such Class Or Classes Of
Broadcasts Or Performances Or Such Other Class Or Classes Of Cases As May Be
Specified In The Order; (Ii) The Term Of The Rights Of
Broadcasting Organisations And Performers In India Shall Not Exceed Such Terms
Is Conferred By The Law Of The Country To Which The Order Relates; [183][Provided That It Does Not Exceed
The Period Provided Under This Act;] (Iii) The Enjoyment Of The Rights Conferred By Chapter
VIII Shall Be Subject To The Accomplishment Of Such Conditions And Formalities,
If Any, As May Be Specified In That Order; (Iv) Chapter VIII Or Any Part Thereof Shall Not Apply To
Broadcast And Performances Made Before The Commencement Of The Order Or That
Chapter VIII Or Any Part Thereof Shall Not Apply To Broadcasts And Performances
Broadcast Or Performed Before The Commencement Of The Order; (V) In Case Of Ownership Of Rights Of
Broadcasting Organisations And Performers, The Provisions Of Chapter VIII Shall
Apply With Such Exceptions And Modifications As The Central Government May,
Having Regard To The Law Of The Foreign Country, Consider Necessary.] [STATE AMENDMENTS [Haryana [184][In Section 40 A The Following Proviso Shall Be Inserted, Namely:-- "Provided That It Does Not Exceed The Period
Provided Under This Act;".]]] (1) The Author Or Publisher Of, Or
The Owner Of Or Other Person Interested In The Copyright In, Any Work May Make
An Application In The Prescribed Form Accompanied By The Prescribed Fee To The
Registrar Of Copyrights For Entering Particulars Of The Work In The Register Of
Copyrights: [185][Provided That In Respect Of An
Artistic Work Which Is Used Or Is Capable Of Being Used In [186][Relation To Any Goods Or
Services], The Application Shall Include A Statement To That Effect And Shall
Be Accompanied By A Certificate From The Registrar Of Trade Marks Referred To
In [187][Section 3 Of The Trade
Marks Act, 1999" (47 Of 1999.)] To The Effect That No Trade Mark Identical
With Or Deceptively Similar To Such Artistic Work Has Been Registered Under
That Act In The Name Of, Or That No Application Has Been Made Under That Act
For Such Registration By, Any Person Other Than The Applicant.] (2) On Receipt Of An Application In
Respect Of Any Work Under Sub-Section (1) The Registrar Of Copyrights May,
After Holding Such Inquiry As He May Deem Fit, Enter The Particulars Of The
Work In The Register Of Copyrights. [STATE AMENDMENTS [Haryana [188][In Section 45 (I) For The Words "Relation To
Any Goods", The Words "Relation To Any Goods Or Services" Shall
Be Substituted; (Ii) For The Words And Figures
"Section 4 Of The Trade And Merchandise Marks Act, 1958" (43 Of
1958.) The Words And Figures "Section 3 Of The Trade Marks Act,
1999" (47 Of 1999.) Shall Be Substituted.]]] (1) The Following Acts Shall Not
Constitute An Infringement Of Copyright, Namely:-- [189][(A) A Fair Dealing With Any
Work, Not Being A Computer Programme, For The Purposes Of- (I) Private Or Personal Use,
Including Research; (Ii) Criticism Or Review, Whether Of
That Work Or Of Any Other Work; (Iii) The Reporting Of Current Events And Current
Affairs, Including The Reporting Of A Lecture Delivered In Public. Explanation.-The Storing Of Any Work In Any
Electronic Medium For The Purposes Mentioned In This Clause, Including The
Incidental Storage Of Any Computer Programme Which Is Not Itself An Infringing
Copy For The Said Purposes, Shall Not Constitute Infringement Of Copyright.] [190][(Aa) The Making Of Copies Or
Adaptation Of A Computer Programme By The Lawful Possessor Of A Copy Of Such
Computer Programme From Such Copy -- (I) In Order To UtiliseThe Computer
Programme For The Purpose For Which It Was Supplied; Or (Ii) To Make Back-Up Copies Purely As
A Temporary Protection Against Loss, Destruction Or Damage In Order Only To
Utilise The Computer Programme For The Purpose For Which It Was Supplied;] (Ab) The Doing Of Any Act
Necessary To Obtain Information Essential For Operating Inter-Operability Of An
Independently Created Computer Programme With Other Programmes By A Lawful
Possessor Of A Computer Programme Provided That Such Information Is Not
Otherwise Readily Available; (Ac) The Observation, Study Or
Test Of Functioning Of The Computer Programme In Order To Determine The Ideas
And Principles Which Underline Any Elements Of The Programme While Performing
Such Acts Necessary For The Functions For Which The Computer Programme Was
Supplied; (Ad) The Making Of Copies Or
Adaptation Of The Computer Programme From A Personally Legally Obtained Copy
For Non-Commercial Personal Use; ; [191][(B) The Transient Or
Incidental Storage Of A Work Or Performance Purely In The Technical Process Of
Electronic Transmission Or Communication To The Public; (C)Transient
Or Incidental Storage Of A Work Or Performance For The Purpose Of Providing
Electronic Links, Access Or Integration, Where Such Links, Access Or
Integration Has Not Been Expressly Prohibited By The Right Holder, Unless The
Person Responsible Is Aware Or Has Reasonable Grounds For Believing That Such
Storage Is Of An Infringing Copy: Provided That If The Person Responsible For The
Storage Of The Copy Has Received A Written Complaint From The Owner Of Copyright
In The Work, Complaining That Such Transient Or Incidental Storage Is An
Infringement, Such Person Responsible For The Storage Shall Refrain From
Facilitating Such Access For A Period Of Twenty-One Days Or Till He Receives An
Order From The Competent Court Refraining From Facilitating Access And In Case
No Such Order Is Received Before The Expiry Of Such Period Of Twenty-One Days,
He May Continue To Provide The Facility Of Such Access; (D)The
Reproduction Of Any Work For The Purpose Of A Judicial Proceeding Or For The
Purpose Of A Report Of A Judicial Proceeding; (E)The
Reproduction Or Publication Of Any Work Prepared By The Secretariat Of A
Legislature Or, Where The Legislature Consists Of Two Houses, By The
Secretariat Of Either House Of The Legislature, Exclusively For The Use Of The
Members Of That Legislature;"; (F)The
Reproduction Of Any Work In A Certified Copy Made Or Supplied In Accordance
With Any Law For The Time Being In Force; (G)The
Reading Or Recitation In Public Of Reasonable Extracts From A Published
Literacy Or Dramatic Work; (H)The
Publication In A Collection, Mainly Composed Of Non-Copyright Matter, Bona Fide
Intended For Instructional Use, And So Described In The Title And In Any
Advertisement Issued By Or On Behalf Of The Publisher, Of Short Passages
From Published Literary Or Dramatic Works, Not Themselves Published For Such
Use In Which Copyright Subsists: Provided That Not More Than Two Such Passages From
Works By The Same Author Are Published By The Same Publisher During Any Period
Of Five Years. Explanation.-In The Case Of A Work Of Joint
Authorship, References In This Clause To Passages From Works Shall Include
References To Passages From Works By Any One Or More Of The Authors Of Those
Passages Or By Any One Or More Of Those Authors In Collaboration With Any Other
Person; (I) The Reproduction Of Any Work- (I) By A Teacher Or A Pupil In The
Course Of Instruction; Or (Ii) As Part Of The Questions To Be
Answered In An Examination; Or (Iii) In Answers To Such Questions; (J)The
Performance, In The Course Of The Activities Of An Educational Institution, Of
A Literary, Dramatic Or Musical Work By The Staff And Students Of The
Institution, Or Of A Cinematograph Film Or A Sound Recording If The Audience Is
Limited To Such Staff And Students, The Parents And Guardians Of The Students
And Persons Connected With The Activities Of The Institution Or The
Communication To Such An Audience Of A Cinematograph Film Or Sound Recording;] (K) The Causing Of A
Recording To Be Heard In Public By Utilising It,-- (I) In An Enclosed Room Or Hall Meant
For The Common Use Of Residents In Any Residential Premises (Not Being A Hotel
Or Similar Commercial Establish?ment) As Part Of The Amenities Provided
Exclusively Or Mainly For Residents Therein; Or (Ii) As Part Of The Activities Of
A Club Or Similar Organisation Which Is Not Established Or Conducted For
Profit;] (L)The
Performance Of A Literary, Dramatic Or Musical Work By An Amateur Club Or
Society, If The Performance Is Given To A Non-Paying Audience, Or For The
Benefit Of A Religious Institution; (M)The
Reproduction In A Newspaper, Magazine Or Other Periodical Of An Article On
Current Economic, Political, Social Or Religious Topics, Unless The Author Of
Such Article Has Expressly Reserved To Himself The Right Of Such Reproduction; [192][(N) The Storing Of A Work In Any
Medium By Electronic Means By A Noncommercial Public Library, For Preservation
If The Library Already Possesses A Non-Digital Copy Of The Work;] (O) The Making Of Not More Than
Three Copies Of A Book (Including A Pamphlet, Sheet Of Music, Map, Chart Or
Plan) By Or Under The Direction Of The Person In Charge Of A [193][Non-Commercial Public Library]
For The Use Of The Library If Such Book Is Not Available For Sale In India; (P)The
Reproduction, For The Purpose Of Research Or Private Study, Or With A View To
Publication, Of An Unpublished Literary, Dramatic Or Musical Works Kept In A
Library, Museum Or Other Institution To Which The Public Has Access: Provided That Where The Identity Of The Author Of
Any Such Worker, In The Case Of A Work Of Joint Authorship, Of Any Of The
Authors Is Known To The Library, Museum Or Other Institution, As The Case May
Be, The Provisions Of This Clause Shall Apply Only If Such Reproduction Is Made
At A Time More Than [194][Sixty Years] From The Date Of
The Death Of The Author Or, In The Case Of A Work Of Joint Authorship, From The
Death Of The Author Whose Identity Is Known Or, If The Identity Of More Authors
Than One Is Known From The Death Of Such Of Those Authors Who Died Last; (Q)The
Reproduction Or Publication Of-- (I) Any Matter Which Has Been
Published In Any Official Gazette Except An Act Of A Legislature; (Ii) Any Act Of A Legislature Subject To The Condition
That Such Act Is Reproduced Or Published Together With
Any Commentary Thereon Or Any Other Original Mailer; (Iii) The Report Of Any Committee, Commission, Council,
Board Or Other Like Body Appointed By The Legislature, Unless The Reproduction Or
Publication Of Such Report Is Prohibited By The Government; (Iv) Any Judgment Or Order Of A Court, Tribunal Or Other Judicial Authority,
Unless The Reproduction Or Publication Of Such Judgment Or Order Is Prohibited
By The Court, The Tribunal Or Other Judicial Authority, As The Case May Be; (R)The
Production Or Publication Of A Translation In Any Indian Language Of An Act Of
A Legislature And Of Any Rules Or Orders Made Thereunder-- (I) If No Translation Of Such Act Or
Rules Or Orders In That Language Has Been Produced Or Published By The
Government; Or (Ii) Where A Translation Of Such Act
Or Rules Or Orders In That Language Has Been Produced Or Published By
The Government, If The Translation Is Not Available For Sale To The
Public: Provided That Such Translation Contains A Statement
At A Prominent Place Of The Effect That The Translation Has Not
Been Authorised Or Accepted As Authentic By The Government; [195][(S) The Making Or Publishing Of
A Painting, Drawing, Engraving Or Photograph Of A Work Of Architecture Or The
Display Of A Work Of Architecture;] (T)The
Making Or Publishing Of A Painting, Drawing, Engraving Or Photograph Of A
Sculpture, Or Other Artistic Work Falling Under Sub-Clause (Iii) Of Clause (C)
Of Section 2, If Such Work Is Permanently Situate In A Public Place Or Any
Premises To Which The Public Has Access; (U)The
Inclusion In A Cinematograph Film Of-- (I) Any Artistic Work Permanently
Situate In A Public Place Or Any Premises To Which The Public Has Access; Or (Ii) Any Other Artistic Work, If
Such Inclusion Is Only By Way Of Background Or Is Otherwise Incidental To The
Principal Matters Represented In The Film; (V)The
Use By The Author Of An Artistic Work, Where The Author Of Such Work Is Not The
Owner Of The Copyright Therein, Of Any Would, Cast, Sketch, Plan, Model Or
Study Made By Him For The Purpose Of The Work: Provided That He Does Not Thereby Repeat
Or Imitate The Main Design Of The Work;[196][***] [197][(W) The Making Of A Three-Dimensional
Object From A Two-Dimensional Artistic Work, Such As A Technical Drawing, For
The Purposes Of Industrial Application Of Any Purely Functional Part Of A
Useful Device;] (X)The
Reconstruction Of A Building Or Structure In Accordance With The Architec?tural
Drawings Or Plans By Reference To Which The Building Or Structure Was
Originally Constructed: Provided That The Original Construction Was Made
With The Consent Or Licence Of The Owner Of The Copyright In Such Drawings And
Plans; (Y)In
Relation To A Literary, [198][Dramatic, Artistic Or] Musical Work Recorded Or Reproduced
In Any Cinematograph Film, The Exhibition Of Such Film After The Expiration Of
The Term Of Copyright Therein: Provided That The Provisions Of Sub-Clause (Ii) Of
Clause (A), Sub-Clause (I) Of Clause (B) And Clauses (D), (F), (G), (M), And
(P) Shall Not Apply As Respects Any Act Unless That Act Is Accompanied By An
Acknowledgement- (I) Identifying The Work By Its Title
Or Other Description; And (Ii) Unless The Work Is Anonymous
Or The Author Of The Work Has Previously Agreed Or Required That No
Acknowledgement Of His Name Should Be Made, Also Identifying The Author; [199][(Z) The Making Of An Ephemeral
Recording, By A Broadcasting Organisation Using Its Own Facilities For Its Own
Broadcast By A Broadcasting Organisation Of A Work Which It Has The Right To
Broadcast; And The Retention Of Such Recording For Archival Purposes On The
Ground Of Its Exceptional Documentary Character; (Za)The Performance Of A Literary, Dramatic Or Musical Work Or
The Communication To The Public Of Such Work Or Of A Sound Recording In The
Course Of Any Bona Fide Religious Ceremony Or An Official Ceremony Held By The
Central Government Or The State Government Or Any Local Authority. Explanation.--For The Purpose Of This Clause,
Religious Ceremony Including A Marriage Procession And Other Social Festivities
Associated With A Marriage.] [200][(Zb) The Adaptation,
Reproduction, Issue Of Copies Or Communication To The Public Of Any Work In
Any Accessible Format, By- (I) Any Person To Facilitate Persons
With Disability To Access To Works Including Sharing With Any Person With
Disability Of Such Accessible Format For Private Or Personal Use, Educational
Purpose Or Research; Or (Ii) Any Organisation Working For The
Benefit Of The Persons With Disabilities In Case The Normal Format Prevents The
Enjoyment Of Such Works By Such Persons: Provided That The Copies Of The Works In Such
Accessible Format Are Made Available To The Persons With Disabilities On A
Non-Profit Basis But To Recover Only The Cost Of Production: Provided Further That The Organisation Shall Ensure
That The Copies Of Works In Such Accessible Format Are Used Only By Persons
With Disabilities And Takes Reasonable Steps To Prevent Its Entry Into
Ordinary-Channels Of Business. Explanation.-For The Purposes Of This Sub-Clause,
"Any Organisation" Includes And Organisation Registered
Under Section 12A Of The Income-Tax Act, 1961 (43 Of 1961.) And
Working For The Benefit Of Persons With Disability Or Recognised Under Chapter
X Of The Persons With Disabilities (Equal Opportunities, Protection Or Rights
And Full Participation) Act, 1995 (1 Of 1996.) Or Receiving Grants From The
Government For Facilitating Access To Persons With Disabilities Or An
Educational Institution Or Library Or Archives Recognised By The
Government.". (Zc)The Importation Of Copies Of Any Literary Or Artistic Work,
Such As Labels, Company Logos Or Promotional Or Explanatory Material, That Is
Purely Incidental To Other Goods Or Products Being Imported Lawfully.] (2) The Provisions Of Sub-Section (1)
Shall Apply To The Doing Of Any Act In Relation To The Translation Of A
Literary, Dramatic Or Musical Work Or The Adaptation Of A Literary, Dramatic,
Musical Or Artistic Work As They Apply In Relation To The Work Itself. [STATE AMENDMENTS [Haryana [201][In Section 52 (I) For Clause (A), The Following
Clause Shall Be Substituted, Namely:-- (A) A Fair Dealing With Any Work, Not
Being A Computer Programme, For The Purposes Of? (I) Private Or Personal Use,
Including Research; (Ii) Criticism Or Review, Whether Of
That Work Or Of Any Other Work; (Iii) The Reporting Of Current Events And Current
Affairs, Including The Reporting Of A Lecture Delivered In Public. Explanation.--The Storing Of Any Work In Any
Electronic Medium For The Purposes Mentioned In This Clause, Including The Incidental
Storage Of Any Computer Programme Which Is Not Itself An Infringing Copy For
The Said Purposes, Shall Not Constitute Infringement Of Copyright."; (Ii) For Clauses (B), (C), (D), (E), (F), (G), (H), (I) And (J),
The Following Shall Be Substituted, Namely:-- "(B) The Transient Or
Incidental Storage Of A Work Or Performance Purely In The Technical Process Of
Electronic Transmission Or Communication To The Public; ?(C) Transient Or Incidental
Storage Of A Work Or Performance For The Purpose Of Providing Electronic Links,
Access Or Integration, Where Such Links, Access Or Integration Has Not Been
Expressly Prohibited By The Right Holder, Unless The Person Responsible Is
Aware Or Has Reasonable Grounds For Believing That Such Storage Is Of An
Infringing Copy: Provided That If The Person Responsible For The
Storage Of The Copy Has Received A Written Complaint From The Owner Of
Copyright In The Work, Complaining That Such Transient Or Incidental Storage Is
An Infringement, Such Person Responsible For The Storage Shall Refrain From
Facilitating Such Access For A Period Of Twenty-One Days Or Till He Receives An
Order From The Competent Court Refraining From Facilitating Access And In Case
No Such Order Is Received Before The Expiry Of Such Period Of Twenty-One Days,
He May Continue To Provide The Facility Of Such Access; ?(D) The Reproduction Of Any Work
For The Purpose Of A Judicial Proceeding Or For The Purpose Of A Report Of A
Judicial Proceeding; ?(E) The Reproduction Or
Publication Of Any Work Prepared By The Secretariat Of A Legislature Or, Where
The Legislature Consists Of Two Houses, By The Secretariat Of Either House Of
The Legislature, Exclusively For The Use Of The Members Of That
Legislature;"; ?(F) The Reproduction Of Any Work
In A Certified Copy Made Or Supplied In Accordance With Any Law For The Time
Being In Force; ?(G) The Reading Or Recitation In
Public Of Reasonable Extracts From A Published Literacy Or Dramatic Work; ?(H) The Publication In A
Collection, Mainly Composed Of Non-Copyright Matter, Bona Fide Intended For
Instructional Use, And So Described In The Title And In Any Advertisement
Issued By Or On Behalf Of The Publisher, Of Short Passages From Published
Literary Or Dramatic Works, Not Themselves Published For Such Use In Which
Copyright Subsists: Provided That Not More Than Two Such Passages From
Works By The Same Author Are Published By The Same Publisher During Any Period
Of Five Years. Explanation.--In The Case Of A Work Of Joint
Authorship, References In This Clause To Passages From Works Shall Include
References To Passages From Works By Any One Or More Of The Authors Of Those
Passages Or By Any One Or More Of Those Authors In Collaboration With Any Other
Person; ?(I) The Reproduction Of Any Work-- (I) By A Teacher Or A Pupil In The
Course Of Instruction; Or (Ii) As Part Of The Questions To Be
Answered In An Examination; Or (Iii) In Answers To Such Questions; ?(J) The Performance, In The
Course Of The Activities Of An Educational Institution, Of A Literary, Dramatic
Or Musical Work By The Staff And Students Of The Institution, Or Of A
Cinematograph Film Or A Sound Recording If The Audience Is Limited To Such
Staff And Students, The Parents And Guardians Of The Students And Persons
Connected With The Activities Of The Institution Or The Communication To Such
An Audience Of A Cinematograph Film Or Sound Recording;"; (Iii)For Clause (N), The Following Clause Shall Be Substituted,
Namely:-- "(N) The Storing Of A Work
In Any Medium By Electronic Means By A Non-Commercial Public Library, For
Preservation If The Library Already Possesses A Non-Digital Copy Of The
Work;"; (Iv)In Clause (O), For The Words "Public Library", The
Words, "Non-Commercial Public Library" Shall Be Substituted; (V)After
Clause (V), The Following Clause Shall Be Inserted, Namely:-- "(W) The Making Of A
Three-Dimensional Object From A Two-Dimensional Artistic Work, Such As A
Technical Drawing, For The Purposes Of Industrial Application Of Any Purely
Functional Part Of A Useful Device; (Vi)In Clause (Y), For The Words "Dramatic Or", The
Words "Dramatic, Artistic Or" Shall Be Substituted; (Vii)After Clause (Za) And The Explanation Thereunder, The
Following Shall Be Inserted, Namely:-- "(Zb) The Adaptation,
Reproduction, Issue Of Copies Or Communication To The Public Of Any Work In Any
Accessible Format, By-- (I) Any Person To Facilitate Persons
With Disability To Access To Works Including Sharing With Any Person With
Disability Of Such Accessible Format For Private Or Personal Use, Educational
Purpose Or Research; Or (Ii) Any Organisation Working For The
Benefit Of The Persons With Disabilities In Case The Normal Format Prevents The
Enjoyment Of Such Works By Such Persons: Provided That The Copies Of The Works In Such
Accessible Format Are Made Available To The Persons With Disabilities On A
Non-Profit Basis But To Recover Only The Cost Of Production: Provided Further That The Organisation Shall Ensure
That The Copies Of Works In Such Accessible Format Are Used Only By Persons
With Disabilities And Takes Reasonable Steps To Prevent Its Entry Into Ordinary
Channels Of Business. Explanation.--For The Purposes Of This Sub-Clause,
"Any Organisation" Includes And Organisation Registered
Under Section 12A Of The Income-Tax Act, 1961 (43 Of 1961.) And
Working For The Benefit Of Persons With Disability Or Recognised Under Chapter
X Of The Persons With Disabilities (Equal Opportunities, Protection Or Rights
And Full Participation) Act, 1995 (1 Of 1996.) Or Receiving Grants From The
Government For Facilitating Access To Persons With Disabilities Or An
Educational Institution Or Library Or Archives Recognised By The
Government.". ?(Zc) The Importation Of Copies
Of Any Literary Or Artistic Work, Such As Labels, Company Logos Or Promotional
Or Explanatory Material, That Is Purely Incidental To Other Goods Or Products
Being Imported Lawfully.". [202][52B . Accounts And
Audit.- - (1) Every Copyright Society Appointed
Under Section 34A Shall Maintain Proper Accounts And Other Relevant Records And
Prepare An Annual Statement Of Accounts, In Such Form And In Such Manner As May
Be Prescribed By The Central Government In Consultation With The Comptroller
And Auditor General Of India. (2) The Accounts Of Each Of The
Copyright Societies In Relation To The Payments Received From The Central
Government Shall Be Audited By The Comptroller And Auditor General Of India At
Such Intervals As May Be Specified By Him And Any Expenditure Incurred In Connection
With Such Audit Shall Be Payable By The Copyright Society To The Comptroller
And Auditor General. (3) The Comptroller And Auditor
General Of India Or Any Other Person Appointed By Him In Connection With The
Audit Of The Accounts Of The Copyright Society Referred To In Sub?section
(2)Shall Have The Same Rights And Privileges And Authority In Connection With
Such Audit As The Comptroller And Auditor General Has In Connection With The
Audit Of The Government Accounts And, In Particular, Shall Have The Right To
Demand The Production Of Books, Accounts And Oilier Documents And Papers And To
Inspect Any Of The Offices Of The Copyright Society For The Purpose Only Of
Such Audit. (4) The Accounts Of Each Of The
Copyright Societies As Certified By The Comptroller And Auditor General Of
India Or Any Other Person Appointed By Him In This Behalf Together With The
Audit Report Thereon Shall Be Forwarded Annually To The Central Government And
That Government Shall Cause The Same To Be Laid Before Each House Of
Parliament.] " [203][***] [STATE AMENDMENTS [Haryana [204][In Section 52 B Omitted]]] [205][(1) The Owner Of Any Right
Conferred By This Act In Respect Of Any Work Or Any Performance Embodied In
Such Work, Or His Duly Authorised Agent, May Give Notice In Writing To The
Commissioner Of Customs, Or To Any Other Officer Authorised In This Behalf By
The Central Board Of Excise And Customs,- (A) That He Is The Owner Of The Said
Right, With Proof Thereof; And (B) That He Requests The Commissioner
For A Period Specified In The Notice, Which Shall Not Exceed One Year, To Treat
Infringing Copies Of The Work As Prohibited Goods, And That Infringing Copies
Of The Work Are Expected To Arrive In India At A Time And A Place Specified In
The Notice. (2)The
Commissioner, After Scrutiny Of The Evidence Furnished By The Owner Of The
Right And On Being Satisfied May, Subject To The Provisions Of Sub-Section (3),
Treat Infringing Copies Of The Work As Prohibited Goods That Have Been Imported
Into India, Excluding Goods In Transit: Provided That The Owner Of The Work Deposits Such
Amount As The Commissioner May Require As Security Having Regard To The Likely
Expenses On Demurrage, Cost Of Storage And Compensation To The Importer In Case
It Is Found That The Works Are Not Infringing Copies. (3)When
Any Goods Treated As Prohibited Under Sub-Section (2) Have Been Detained, The
Customs Officer Detaining Them Shall Inform The Importer As Well As The Person
Who Gave Notice Under Sub-Section (I) Of The Detention Of Such Goods Within
Forty-Eight Hours Of Their Detention. (4)The
Customs Officer Shall Release The Goods, And They Shall No Longer Be Treated As
Prohibited Goods, If The Person Who Gave Notice Under Sub-Section (1) Does Not
Produce Any Order From A Court Having Jurisdiction As To The Temporary Or
Permanent Disposal Of Such Goods Within Fourteen Days From The Date Of Their
Detention.] [STATE AMENDMENTS [Haryana [206][In Section 53 The Following Section Shall Be Substituted,
Namely:-- "53. Importation Of Infringing Copies.-- (1) The Owner Of Any Right Conferred
By This Act In Respect Of Any Work Or Any Performance Embodied In Such Work, Or
His Duly Authorised Agent, May Give Notice In Writing To The Commissioner Of
Customs, Or To Any Other Officer Authorised In This Behalf By The Central Board
Of Excise And Customs,-- (A) That He Is The Owner Of The Said
Right, With Proof Thereof; And (B) That He Requests The Commissioner
For A Period Specified In The Notice, Which Shall Not Exceed One Year, To Treat
Infringing Copies Of The Work As Prohibited Goods, And That Infringing Copies
Of The Work Are Expected To Arrive In India At A Time And A Place Specified In
The Notice. (2) The Commissioner, After Scrutiny
Of The Evidence Furnished By The Owner Of The Right And On Being Satisfied May,
Subject To The Provisions Of Sub-Section (3), Treat Infringing Copies Of The
Work As Prohibited Goods That Have Been Imported Into India, Excluding Goods In
Transit: Provided That The Owner Of The Work Deposits Such
Amount As The Commissioner May Require As Security Having Regard To The Likely
Expenses On Demurrage, Cost Of Storage And Compensation To The Importer In Case
It Is Found That The Works Are Not Infringing Copies. (3) When Any Goods Treated As
Prohibited Under Subsection (2) Have Been Detained, The Customs Officer
Detaining Them Shall Inform The Importer As Well As The Person Who Gave Notice
Under Sub-Section (1) Of The Detention Of Such Goods Within Forty-Eight Hours
Of Their Detention. (4) The Customs Officer Shall Release
The Goods, And They Shall No Longer Be Treated As Prohibited Goods, If The
Person Who Gave Notice Under Sub-Section (1) Does Not Produce Any Order From A
Court Having Jurisdiction As To The Temporary Or Permanent Disposal Of Such
Goods Within Fourteen Days From The Date Of Their Detention.".]]] (1) Where Copyright In Any Work Has
Been Infringed, The Owner Of The Copyright Shall, Except As Otherwise Provided
By This Act, He Entitled To All Such Remedies By Way Of Injunction, Damages,
Accounts And Otherwise As Are Or May Be Conferred By Law For The Infringement
Of A Right; Provided That If The Defendant Proves That At The
Date Of The Infringement He Was Not Aware And Had No Reasonable Ground For Believing
That Copyright Subsisted In The Work, The Plaintiff Shall Not Be Entitled To
Any Remedy Other Than An Injunction In Respect Of The Infringement And A Decree
For The Whole Or Part Of The Profits Made By The Defendant By The Sale Of !He
Infringing Copies As The Court May In The Circumstances Deem Reasonable, (2) Where, In The Case Of A Literary,
Dramatic, Musical Or Artistic Work, [207][Or, Subject To The Provisions Of
Sub-Section (3) Of Section 13, A Cinematograph Film Or Sound Recording, A Name
Purporting To Be That Of The Author, Or The Publisher, As The Case May Be, Of
That Work, Appears] On Copies Of The Work Published, Or, In The Case Of An
Artistic Work, Appeared On The Work When It Was Made, The Person Whose Name So
Appears Or Appeared Shall, In Any Proceeding In Respect Of Infringement Of
Copyright In Such Work, Be Presumed, Unless The Contrary Is Proved, Id Be The
Author Or The Publisher Of The Work, As The Case May Be. (3) The Costs Of All Parties In Any
Proceedings In Respect Of The Infringement Of Copyright Shall Be In The
Discretion Of The Court. [STATE AMENDMENTS [Haryana [208][In Section 53 The Following Shall Be Substituted, Namely:-- "Or, Subject To The Provisions Of Sub-Section
(3) Of Section 13, A Cinematograph Film Or Sound Recording, A Name Purporting
To Be That Of The Author, Or The Publisher, As The Case May Be, Of That Work,
Appears".]]] [209][(1) Independently Of The
Author's Copyright And Even After The Assignment Either Wholly Or Partially Of
The Said Copyright, The Author Of A Work Shall Have The Right-- (A) To Claim Authorship Of The Work;
And (B) To Restrain Or Claim Damages In
Respect Of Any Distortion, Mutilation, Modifica?tion Or Other Act In Relation
To The Said Work [210][***] If Such Distortion,
Mutilation, Modification Or Other Act Would Be Prejudicial To His Honour Or
Reputation: - Provided That The Author Shall Not Have Any Right
To Restrain Of Claim Damages In Respect Of Any Adaptation Of A Computer
Programme To Which Clause (Aa) Of Sub-Section (1) Of Section 52 Applies. Explanation.--Failure To Display A Work Or To
Display It To The Satisfaction Of The Author Shall Not Be Deemed To Be An
Infringement" Of The Rights Conferred By This Section.] (2)The
Right Conferred Upon An Author Of A Work By Sub-Section (1), [211][***], May Be Exercised By The Legal Representatives Of The
Author. [STATE AMENDMENTS [Haryana [212][In Section 57 (I) In Sub-Section (1), In Clause
(B), The Words "Which Is Done Before The Expiration Of The Term Of
Copyright" Shall Be Omitted; (Ii) In Sub-Section (2), The Words
"Other Than The Right To Claim Authorship Of The Work" Shall Be
Omitted.]]] [213][(1) Any Person Who Circumvents
An Effective Technological Measure Applied For The Purpose Of Protecting Any Of
The Rights Conferred By This Act, With The Intention Of Infringing Such Rights,
Shall Be Punishable With Imprisonment Which May Extend To Two Years And Shall
Also Be Liable To Fine. (2)Nothing
In Sub-Section (7) Shall Prevent Any Person From,- (A) Doing Anything Referred To
Therein For A Purpose Not Expressly Prohibited By This Act: Provided That Any Person Facilitating Circumvention
By Another Person Of A Technological Measure For Such A Purpose Shall Maintain
A Complete Record Of Such Other Person Including His Name, Address And All
Relevant Particulars Necessary To Identify Him And The Purpose For Which He Has
Been Facilitated; Or (B) Doing Anything Necessary To
Conduct Encryption Research Using A Lawfully Obtained Encrypted Copy; Or (C) Conducting Any Lawful
Investigation; Or (D) Doing Anything Necessary For The
Purpose Of Testing The Security Of A Computer System Or A Computer Network With
The Authorisation Of Its Owner; Or (E) Operator; Or (F) Doing Anything Necessary To
Circumvent Technological Measures Intended For Identification Or Surveillance
Of A User; Or (G) Taking Measures Necessary In The
Interest Of National Security.] [STATE AMENDMENTS [Haryana [214][In Section 65 A The Following Sections Shall Be Inserted, Namely:-- "65A. Protection Of Technological Measures.-- (1) Any Person Who Circumvents An
Effective Technological Measure Applied For The Purpose Of Protecting Any Of
The Rights Conferred By This Act, With The Intention Of Infringing Such Rights,
Shall Be Punishable With Imprisonment Which May Extend To Two Years And Shall
Also Be Liable To Fine. (2) Nothing In Sub-Section (1) Shall
Prevent Any Person From,-- (A) Doing Anything Referred To
Therein For A Purpose Not Expressly Prohibited By This Act: Provided That Any Person Facilitating Circumvention
By Another Person Of A Technological Measure For Such A Purpose Shall Maintain
A Complete Record Of Such Other Person Including His Name, Address And All
Relevant Particulars Necessary To Identify Him And The Purpose For Which He Has
Been Facilitated; Or (B) Doing Anything Necessary To
Conduct Encryption Research Using A Lawfully Obtained Encrypted Copy; Or (C) Conducting Any Lawful
Investigation; Or (D) Doing Anything Necessary For The
Purpose Of Testing The Security Of A Computer System Or A Computer Network With
The Authorisation Of Its Owner; Or (E) Operator; Or (F) Doing Anything Necessary To
Circumvent Technological Measures Intended For Identification Or Surveillance
Of A User; Or (G) Taking Measures Necessary In The
Interest Of National Security.]]] [215][Any Person, Who Knowingly,- (I) Removes Or Alters Any Rights
Management Information Without Authority, Or (Ii) Distributes, Imports For
Distribution, Broadcasts Or Communicates To The Public, Without Authority,
Copies Of Any Work, Or Performance Knowing That Electronic Rights Management
Information Has Been Removed Or Altered Without Authority, Shall Be Punishable
With Imprisonment Which May Extend To Two Years And Shall Also Be Liable To
Fine: Provided That If The Rights Management Information
Has Been Tampered With In Any Work, The Owner Of Copyright In Such Work May
Also Avail Of Civil Remedies Provided Under Chapter XII Against The Persons
Indulging In Such Acts.] [STATE AMENDMENTS [Haryana [216][In Section 65 B The Following Sections Shall Be Inserted, Namely:-- 65B. Protection Of Rights Management Information.-- Any Person, Who Knowingly,-- (I) Removes Or Alters Any Rights
Management Information Without Authority, Or (Ii) Distributes, Imports For
Distribution, Broadcasts Or Communicates To The Public, Without Authority,
Copies Of Any Work, Or Performance Knowing That Electronic Rights Management
Information Has Been Removed Or Altered Without Authority, Shall Be Punishable With
Imprisonment Which May Extend To Two Years And Shall Also Be Liable To Fine: Provided That If The Rights Management Information
Has Been Tampered With In Any Work, The Owner Of Copyright In Such Work May
Also Avail Of Civil Remedies Provided Under Chapter XII Against The Persons
Indulging In Such Acts.".]]] The Court Trying Any Offence Under This Act May,
Whether The Alleged Offender Is Convicted Or Not, Order That All Copies Of The
Work Or All Plates In The Possession Of The Alleged Offender, Which Appear To
It To Be Infringing Copies, Or Plates For The Purpose Of Making Infringing
Copies, Be Delivered Up To The Owner Of The Copyright [217][Or May Make Such Order As It May
Deem Fit Regarding The Disposal Of Such Copies Or Plates]. [STATE AMENDMENTS [Haryana [218] [In Section 66 The Words "Delivered Up To The Owner Of The
Copyright," The Words "Or May Make Such Order As It May Deem Fit
Regarding The Disposal Of Such Copies Or Plates" Shall Be Inserted.]]] (1) The Central Government May, By
Notification In The Official Gazette, Make Rules [219][For Carrying Out The Purposes Of
This Act.] (2) In Particular, And Without
Prejudice To The Generality Of The Foregoing Power, The Central Government May
Make Rules To Provided For All Or Any Of The Following Matters, Namely:-- [220][***] (B)The
Form Of Complaints And Applications To Be Made, And The Licences To Be Granted,
Under This Act; (C)The Procedure
To Be Followed In Connection With Any Proceeding Before The Registrar Of
Copyrights; [221][(CA) The Form And Manner In
Which An Organisation May Apply To The [222][Appellate Board] For
Compulsory Licence For Disabled And The Fee Which May Accompany Such
Application Under Sub-Section (I) Of Section 31B; (CB) The Manner In Which A Person
Making Sound Recording May Give Prior Notice Of His Intention To Make Sound
Recording Under Sub-Section (2) Of Section 31C; (CC) 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; [223][(CcA) The Manner In Which A
Copyright Society May Publish Its Tariff Scheme Under Sub-Section (I) Of Section
33A; (CcB) The Fee Which Is To Be Paid
Before Filing An Appeal To The [224][Appellate Board] Under
Sub-Section (2) Of Section 33A;"; (CcC) The Form Of Application For
Renewal Of Registration Of A Copyright Society And The Fee Which May Accompany
Such Application Under Sub-Section (3A) Of Section 33;] (CD) The Manner In Which Prior
Notice May Be Given By A Broadcasting Organisation Under Sub-Section (2) Of
Section 3ID; (CE) 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 3 ID;] (Cf)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; (Cg)The Returns To Be Filed By Copyright Societies To The
Registrar Of Copyrights Under Sub-Section (I) Of Section 36;] (D)The Manners Of
Determining Any Royalties Payable Under This Act, And The Security To Be Taken
For The Payment Of Such Royalties; [225][(Da) The Manner Of Payment Of
Royalty Under Clause (J) Of Sub-Section (1) Of Section 52; [226][***] (F)The
Matters In Respect Of Which The Registrar Of Copyrights And The [227][Appellate Board] Shall Have Powers Of A Civil Court; (G)The Fees Which
May Be Payable Under This Act; (H)The
Regulation Of Business Of The Copyright Office And Of All Things By This Act
Placed Under The Direction Or Control Of The Registrar Of Copyrights. [228][(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 In One Session Or In 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 He
Without Prejudice To The Validity Of Anything Previously Done Under That Rule.] [STATE AMENDMENTS [Haryana [229][In Section 78 In Sub-Section (2),-- (I)For
Clause (A), The Following Clause Shall Be Substituted, Namely:-- (A) 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 Sub-Section (2) Of Section 11; (Ii)After Clause (C), The Following Clauses Shall Be Inserted,
Namely:-- "(CA) The Form And Manner In
Which An Organisation May Apply To The Copyright Board For Compulsory Licence
For Disabled And The Fee Which May Accompany Such Application Under Sub-Section
(1) Of Section 31B; (CB) The Manner In Which A Person
Making Sound Recording May Give Prior Notice Of His Intention To Make Sound
Recording Under Sub-Section (2) Of Section 31C; (CC) 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; (CD) The Manner In Which Prior
Notice May Be Given By A Broadcasting Organisation Under Sub-Section (2) Of
Section 31D; (CE) 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;"; (Iii)After Clause (Cc), The Following Clauses Shall Be Inserted,
Namely:-- "(CcA) The Manner In Which A
Copyright Society May Publish Its Tariff Scheme Under Subsection (1) Of Section
33A; (CcB) The Fee Which Is To Be Paid
Before Filing An Appeal To The Copyright Board Under Sub-Section (2) Of Section
33A;"; (CcC) The Form Of Application For
Renewal Of Registration Of A Copyright Society And The Fee Which May Accompany
Such Application Under Sub-Section (3A) Of Section 33; (Iv)Clause (Db) Shall Be Omitted.]]] [1]
Inserted by Code of Criminal Procedure (Amendment)
Act, 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E)
dated 30.12.2009. [2]
Inserted by Code of Criminal Procedure (Amendment)
Act, 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E)
dated 30.12.2009. [3]
Regulation 1 of 1974, Section 3 w.e.f. 30.3.1974. [4]
Vide Notification No. Jud. 25/74, dated 02.04.1974. [5]
Vide Nagaland Gazette, dated 19.06.1975. [6]
Substituted
Vibe Code of Criminal Procedure (Assam
Amendment) Act, 1980. [7]
Inserted
by Code of criminal procedure (assam
amendment) act, 1984 (act no. 08 of 1984). [8]
Inserted by Code of criminal procedure (assam
amendment) act, 1984 (act no. 08 of 1984). [9]
Vide the Code of Criminal Procedure (Delhi
Amendment) Act, 2011 (Delhi Act 09 of 2011), Section 2. [10]
Vide Orissa Act 6 of 2004. [11]
Added by Code of Criminal Procedure (Orissa
Amendment) Act, 2001. [12]
Vide U.P. Act 1 of 1984, Section 2 w.e.f 1.5.1984. [13]
Inserted by Code of Criminal Procedure (Uttar
Pradesh Amendment) Act, 1976 (16 of 1976). [14]
Vide U.P. Act 16of 1976, Section 2 w.e.f. 28.11.1975. [15]
Vide W.B. Act 24 of 1988, Section 3. [16]
Added by Act 45
of 1978, section 3 w.e.f. 18. 12 .1978. [17]
Vide Regulation
1 of 1974 section 4 w.e.f. 30.3.1974. [18]
Vide Bihar Act 8
of 1977, section 2 w.e.f. 10.1.1977. [19]
Inserted
Vibe Code of Criminal Procedure (Bihar
Amendment) Act, 1976. [20]
Vide Haryana Act
16 of 1976, section 2 w.e.f. 24.2.1976. [21]
Inserted
by Code of Criminal Procedure (Amendment)
Amending Act, 2006.(Act No. 25 of 2006)(Haryana). [22]
Vide Kerala Act
21 of 1987 section 2. [23]
Inserted
by Code of Criminal Procedure (Kerala
Amendment) Act, 1987. [24]
Vide Punjab Act
9 of 1978, section 2 w.e.f. 14.4.1978. [25]
Vide Rajasthan
Act 10 of 1977, section 2 w.e.f. 13.9.1977. [26]
Vide Uttar
Pradesh Act 16 of 1976, section 3 sw.e.f. 30.4.1976. [27]
Inserted
by Code of Criminal Procedure (Uttar
Pradesh Amendment) Act, 1976 (16 of 1976). [28]
Inserted
by Code of Criminal Procedure (Bihar
Amendment) Act, 1976(Jharkhand). [29]
Inserted
by Code of Criminal Procedure (Punjab
Amendment) Act, 1978. [30]
Vide Notification Law
170/74 Leg., dated 03.07.1975. [31]
Vide Uttar
Pradesh Act 1 of 1984, Section 3 w.e.f. 1.5.1984. [32]
Substituted by Act 45
of 1978 Section 4(1), for certain words w.e.f. 18.12.1978. [33]
Inserted by Act
45 of 1978, Section 4 w.e.f. 18.12.1978. [34]
Vide Andhra
Pradesh Act 2 of 1992. [35]
Vide Bihar Act 8
of 1977, Section w.e.f. 10.1.1977. [36]
Substituted
Vibe Code of Criminal Procedure (Bihar
Amendment) Act, 1976. [37]
Substituted
by Code of Criminal Procedure (Uttar
Pradesh Amendment) Act, 1976 (16 of 1976). [38]
Substituted
by Code of Criminal Procedure (Amendment)
Amending Act, 2006, (Act No. 25 of 2006)(Haryana). [39]
Substituted
by Code of Criminal Procedure (Punjab
Amendment) Act, 1978. [40]
Added by Act 45
of 1978 Section 5 w.e.f. 18.12.1978. [41]
Inserted by Act
45 of 1978, Section 5 w.e.f. 18.12.1978. [42]
Vide Maharashtra
Act 23 of 1976, Section 2 w.e.f. 10.6.1976. [43]
Inserted
by Code of Criminal Procedure (Maharashtra
Amendment) Act, 1976. [44]
Vide Bihar Act 8
of 1977, Section 4 w.e.f. 10.1.1977. [45]
Substituted
Vibe Code of Criminal Procedure (Bihar
Amendment) Act, 1976. [46]
Substituted
by Code of Criminal Procedure (Bihar
Amendment) Act, 1976, (jharkhand). [47]
Vide Uttar
Pradesh Act 1 of 1984, Section 4 w.e.f. 1.5.1984. [48]
The words
"or to cases generally" omitted by Act 45 of 1978 Section 6 w.e.f.
18.12.1978. [49]
Substituted by
Act 45 of 1978 Section 6, for sub-section (3) w.e.f. 18.12.1978. [50]
Vide Andhra Pradesh
Act 2 of 1992. [51]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005 (Act No. 25 of 2005) (Haryana). [52]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005(Himachal Pradesh)(Act No. 25 of 2005). [53]
Substituted by
Act 45 of 1978 Section 8, for section 24 w.e.f. 18.12.1978. [54]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005. [55]
Inserted by Code of Criminal Procedure (Amendment)
Act, 2008 to be effective from 31.12.2009 vide Notification No. S.O.
3313(E) dated 30.12.2009. [56]
Vide Bihar Act
16 of 1984 Section 2 w.e.f. 24.8.1984. [57]
Substituted
Vibe Code of Criminal Procedure (Bihar
Amendment) Act, 1983. [58]
Vide Haryana Act
14 of 1985, Section 2. [59]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005 (Act No. 25 of 2005) (Haryana). [60]
Vide Karnataka
Act 20 of 1982, Section 2 w.e.f. 3.9.1981. [61]
Vide Madhya
Pradesh Act 21 of 1995, Section 3 w.e.f. 24.5.1995. [62]
Sub-section (6)
and (9) shall be Substituted and Sub-section (6-A) and (7) shall be Inserted
by Code of Criminal Procedure (Madhya
Pradesh Amendment) Act, 1995. [63]
Vide Maharashtra Act 34 of 1981 Section 2 w.e.f.
20.5.1981. [64]
Omitted by Code of Criminal Procedure (Maharashtra
Amendment) Act, 1981. [65]
Substituted
by Code of Criminal Procedure (Maharashtra
Amendment) Act, 1981. [66]
Proviso shall be
Omitted and Sub-section 6-A shall be Inserted by Code of Criminal Procedure (Maharashtra
Amendment) Act, 2006. [67]
Vide Rajasthan
Act 01 of 1981, Section 2 w.e.f. 10.12.1980. [68]
Vide Tamil Nadu
Act 42 of 1980 Section 2 w.e.f, 1.12.1980. [69]
Vide Uttar
Pradesh Act 33 of 1978, Section 2 w.e.f. 9.10.1978. [70]
Vide Uttar
Pradesh Act 18 of 1991, Section 2 w.e.f. 16.2.1991. [71]
Vide West Bengal
Act 26 of 1990. [72]
Vide West Bengal
Act 25 of 1992. [73]
Inserted
By Code of Criminal Procedure (Amendment)
Act, 2005. [74]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005(Himachal Pradesh)(Act No. 25 of 2005). [75]
Substituted
by Code of Criminal Procedure (Bihar
Amendment) Act, 1983, (jharkhand). [76]
Inserted by Act
45 of 1978, Section 9 w.e.f. 18.12.1978. [77]
Vide Orissa Act 6 of
1995 w.e.f. 10.3.1995. [78]
Inserted by Code of Criminal Procedure (Orissa
Amendment) Act, 1994. [79]
Vide U.P. Act 16
of 1976, Section 5 w.e.f. 30.4.1976. [80]
Inserted
by Code of Criminal Procedure (Uttar
Pradesh Amendment) Act, 1976 (16 of 1976). [81]
Vide W. B. Act
17 of 1985, Section 3. [82]
Inserted
By Code of Criminal Procedure (Amendment)
Act, 2005(Assam). [83]
Omitted by Criminal Law
(Amendment) Act, 2005(Assam). [84]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005 (Act No. 25 of 2005) (Haryana). [85]
Omitted by Criminal Law
(Amendment) Act, 2005(Act No. 02 of 2006)(Haryana). [86]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005(Himachal Pradesh)(Act No. 25 of 2005). [87]
Omitted by Criminal Law
(Amendment) Act, 2005(Himachal Pradesh)(Act No. 02 of 2006). [88]
Omitted by Criminal Law
(Amendment) Act, 2005. [89]
Substituted
by Code of Criminal Procedure (Madhya
Pradesh Amendment) Act, 2013. [90]
Inserted by Code of Criminal Procedure (Amendment)
Act, 2005 [91]
Vide Karnataka
Act 39 of 2012, Section 2 (w.e.f. 24-10-2012), published in the Karnataka
Gazette, Extra., dated 6-11-2012.] [92]
Inserted Vide Code of Criminal Procedure (Amendment)
Act 2008 to be effective from 31.12.2009 vide Notification No.
S.O. 3313(E) dated 30.12.2009. [93]
Substituted by the Criminal Law (Amendment) Act, 2013 (Act No. 13 of 2013)
w.e.f. 03.02.2013 for the following : - "offence under section 376 and sections 376A to 376D of the Indian
Penal Code" [94]
With effective from 31.12.2009 vide Notification
No. SO3313(E) dated 30.12.2009 [95]
Substituted vide Code of Criminal Procedure (Amendment) Act, 2008 vide Notification
No. S.O. 2687(E) dated
30.10.2010 w.e.f. 01.11.2010 previous text was:- "(a) who has been concerned in any cognizable offence, or against
whom a reasonable complaint has been made, or credible information has been
received, or a reasonable suspicion exists, of his having been so concerned; or (b) who has in his possession without lawful excuse, the burden of
proving which excuse shall lie on such person, any implement of house-breaking;
or" [96]
Inserted
vide Code of Criminal Procedure (Amendment)
Act, 2010 (Act No. 41 of 2010). [97]
With effective from 31.12.2009 vide Notification
No. SO3313(E) dated 30.12.2009 [98]
Substituted vide Code Of Criminal Procedure (Amendment) Act, 2008 vide Notification
No. S.O. 2687(E) dated
30.10.2010 w.e.f. 01.11.2010 previous text was:- "(2) Any officer in charge of a police station may, in like manner,
arrest or cause to be arrested any person, belonging to one or more of the
categories of person specified in section 109 or section 110." [99]
Inserted by Act
5 of 2009, Sec 6 (w.e.f. 1-11-2010) [100]
Inserted Vide Code of Criminal Procedure (Amendment)
Act, 2008 vide Notification No. S.O. 2687(E) dated 30.10.2010 w.e.f.
01.11.2010. [101]
Substituted
vide Code of Criminal Procedure (Amendment)
Act, 2010 (Act No. 41 of 2010) for the following : - "The police officer
may" [102]
Substituted vide Code of Criminal Procedure (Amendment) Act, 2010 (Act No. 41 of 2010) for
the following : - "(4) Where such person, at any time, fails to comply with the terms
of the notice, it shall be lawful for the police officer to arrest him for the
offence mentioned in the notice, subject to such orders as may have been passed
in this behalf by a competent Court.]" [103]
The above provisions are yet to be notified.
Refer Notification No. SO3313(E) dated 30.12.2009. [104]
Inserted vide Code of Criminal Procedure (Amendment)
Act, 2008 vide Notification No. S.O. 2687(E) dated 30.10.2010 w.e.f.
01.11.2010. [105]
The above provisions are yet to be notified.
Refer Notification No. SO3313(E) dated 30.12.2009. [106]
Inserted Vide Code of Criminal Procedure (Amendment)
Act, 2008 vide Notification No. S.O. 2687(E) dated 30.10.2010 w.e.f.
01.11.2010. [107]
The above provisions are yet to be notified.
Refer Notification No. SO3313(E) dated 30.12.2009. [108]
Inserted Vide Code of Criminal Procedure (Amendment)
Act, 2008 vide Notification No. S.O. 2687(E) dated 30.10.2010 w.e.f.
01.11.2010. [109]
Vide President's Act 3 of 1980, Section 2 w.e.f. 5.6.1980. [110]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2008 to be effective from 31.12.2009 vide Notification No. S.O.
3313(E) dated 30.12.2009 [111]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005. [112]
Inserted
By Code of Criminal Procedure (Amendment)
Act, 2005. [113]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005 (Act No. 25 of 2005) (Haryana). [114]
Inseretd
by Code of Criminal Procedure (Amendment)
Act, 2005(Himachal Pradesh)(Act No. 25 of 2005). [115]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005. [116]
Inserted
By Code of Criminal Procedure (Amendment)
Act, 2005(Assam). [117]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005 (Act No. 25 of 2005) (Haryana). [118]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005(Himachal Pradesh)(Act No. 25 of 2005). [119]
Substituted by The Code of Criminal Procedure (Amendment) Act, 2005. Earlier the text was as
under: Explanation.-In this section and in section 54, "registered medical
practitioner" means a medical practitioner who possesses any recognized
medical qualification as defined in clause (h) of section 2 of the Indian
Medical Council Act, 1956 (102 of 1956), and whose name has been entered in a
State Medical Register. [120]
Substitution by Code of Criminal Procedure (Amendment)
Act, 2005(Assam). [121]
Inserted by Code of Criminal Procedure (Amendment)
Act, 2005(Assam). [122]
Substituted
by Code of Criminal Procedure (Amendment)
Act, 2005 (Act No. 25 of 2005) (Haryana). [123]
Substituted
by Code of Criminal Procedure (Amendment)
Act, 2005(Himachal Pradesh)(Act No. 25 of 2005). [124]
Inserted vide
The Code of Criminal Procedure (Amendment)
Act, 2005. [125]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005 (Act No. 25 of 2005) (Haryana). [126]
Inserted by Code of Criminal Procedure (Amendment)
Act, 2005(Himachal Pradesh)(Act No. 25 of 2005). [127]
Substituted vide The Code of Criminal Procedure (Amendment) Act, 2008 to be effective from
31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009. "(1) When a person who is arrested, whether on a charge or
otherwise, alleges, at the time when he is produced before a Magistrate or at
any time during the period of hi s detention in custody that the examination of
hi s body will afford evidence which will disprove the commission by hi m of
any offence or which will establish the commission by any other person of any
offence against hi s body, the Magistrate shall, if requested by the arrested
person so to do direct the examination of the body of such person by a
registered medical practitioner unless the Magistrate considers that the
request is made for the purpose of vexation or delay or for defeating the ends
of justice. [(2) Where an examination is made under sub-section (1), a copy of the
report of such examination shall be furnished by the registered medical practitioner to the arrest
person or the person nominated by such arrested person.] [128]
Vide U.P. Act 1
of 1984, w.e.f. 1.5.1984. [129]
Substituted vide The Code of Criminal Procedure (Amendment) Act, 2008 to be effective from
31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009. "(1) When a person who is arrested, whether on a charge or
otherwise, alleges, at the time when he is produced before a Magistrate or at
any time during the period of hi s detention in custody that the examination of
hi s body will afford evidence which will disprove the commission by hi m of
any offence or which will establish the commission by any other person of any
offence against hi s body, the Magistrate shall, if requested by the arrested
person so to do direct the examination of the body of such person by a
registered medical practitioner unless the Magistrate considers that the
request is made for the purpose of vexation or delay or for defeating the ends
of justice. [(2) Where an examination is made under sub-section (1), a copy of the
report of such examination shall be furnished by the registered medical practitioner to the arrest
person or the person nominated by such arrested person.] [130]
Substituted vide The Code of Criminal Procedure (Amendment) Act, 2008 to be effective from
31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009. "(1) When a person who is arrested, whether on a charge or
otherwise, alleges, at the time when he is produced before a Magistrate or at
any time during the period of hi s detention in custody that the examination of
hi s body will afford evidence which will disprove the commission by hi m of
any offence or which will establish the commission by any other person of any
offence against hi s body, the Magistrate shall, if requested by the arrested
person so to do direct the examination of the body of such person by a
registered medical practitioner unless the Magistrate considers that the request
is made for the purpose of vexation or delay or for defeating the ends of
justice. [(2) Where an examination is made under sub-section (1), a copy of the
report of such examination shall be furnished by the registered medical practitioner to the arrest
person or the person nominated by such arrested person.] [131]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005(Assam). [132]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005 (Act No. 25 of 2005) (Haryana). [133]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005(Himachal Pradesh)(Act No. 25 of 2005). [134]
Inserted vide
The Code of Criminal Procedure (Amendment)
Act, 2005. [135]
Inserted by
the Criminal Law
(Amendment) Act, 2013 (Act No. 13 of 2013) w.e.f. 03.02.2013. [136]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005(Assam). [137]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005 (Act No. 25 of 2005) (Haryana). [138]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005(Himachal Pradesh)(Act No. 25 of 2005). [139]
Inserted
Vide Code of Criminal Procedure (Amendment)
Act, 2008 to be effective from 31.12.2009 vide Notification No. S.O.
3313(E) dated 30.12.2009. [140]
Inserted
Vide Code of Criminal Procedure (Amendment)
Act, 2008 to be effective from 31.12.2009 vide Notification No. S.O.
3313(E) dated 30.12.2009. [141]
Vide Regulation 6 of 1977, section 2 w.e.f. 17.1.1977. [142]
Sub-clause (i)
shall be omitted and sub-clause (ii) shall be Inserted by Code of Criminal Procedure (Amendment)
Act, 2005(Himachal Pradesh)(Act No. 25 of 2005). [143]
Inserted by vide
The Code of Criminal Procedure (Amendment)
Act, 2005. [144]
Substituted
Vibe Code of Criminal Procedure (Amendment)
Act, 2005(Assam). [145]
Substituted
by Code of Criminal Procedure (Amendment)
Act, 2025 (Act No. 25 of 2005) (Haryana). [146]
Substituted
by Code of Criminal Procedure (Amendment)
Act, 2005(Himachal Pradesh)(Act No. 25 of 2005). [147]
Substituted by
Act 45 of 1978, Section 12, for "the Chief Judicial Magistrate".
(w.e.f. 18-12-1978). [148]
Substituted by
Act 45 of 1978, Section 12, for "the Chief Judicial Magistrate".
(w.e.f. 18-12-1978). [149]
Substituted by Act 45
of 1978, Section 12, for "the Chief Judicial Magistrate". (w.e.f.
18-12-1978). [150]
Substituted by
Act 45 of 1978, Section 12, for "the Chief Judicial Magistrate".
(w.e.f. 18-12-1978). [151]
Inserted by Code of Criminal Procedure (Amendment)
Act, 2005. [152]
The Words "not
exceeding five hundred rupees in the whole" omitted by Act 50 of 2001,
section 2 w.e.f. 24.9.2001. [153]
Inserted by Act
50 of 2001, section 2 w.e.f. 24.9.2001. [154]
Substituted by Act 50
of 2001, section, for sub-section (2) w.e.f. 24.9. 2001. [155]
Substituted by
Act 50 of 2001, section 2, for "allowance" w.e.f. 24.9.2001. [156]
Substituted by
Act 50 of 2001, section 2, for "allowance" w.e.f. 24.9.2001. [157]
Vide Madhya
Pradesh (Act 10 of 1998), Section 3, w.e.f. 29.5.1998. [158]
Substituted
by Code of Criminal Procedure (Madhya
Pradesh Amendment) Act, 1997. [159]
Vide Madhya Pradesh
Act No. 15 of 2004, Section 3. [160]
Vide Maharastra
Act, 21 of 1999, Section 2, w.e.f. 20.4.1999. [161]
Vide Tripura
Act, 9 of 1999, Section 2 w.e.f. 9.4.1999. [162]
Vide West Bengal Act
25 of 1992 w.e.f. 2.8.1993. [163]
Omitted by Code of Criminal Procedure (West
Bengal Amendment) Act, 2001 (Act 33 of 2001). [164]
Vide Rajasthan
Act 3 of 2001, dt. 01.05.2001. [165]
Vide U.P. Act 36
of 2000, dt. 05.12.2000. [166]
Inserted
By Code of Criminal Procedure (Amendment)
Act, 2001. [167]
Omitted by Code of Criminal Procedure (Amendment)
Act, 2001 (Act No. 50 of 2001) (Haryana). [168]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2001 (Act No. 50 of 2001) (Haryana). [169]
Sub-sections (2)
and sub-sections (3) and (4) shall be Substituted by Code of Criminal Procedure (Amendment)
Act, 2001 (Act No. 50 of 2001) (Haryana). [170]
Omitted by Code of Criminal Procedure (Amendment)
Act, 2001(Himachal Pradesh)(Act No. 50 of 2001). [171]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2001(Himachal Pradesh)(Act No. 50 of 2001). [172]
Sub-sections (2)
and sub-sections (3) and (4) shall be Substituted by Code of Criminal Procedure (Amendment)
Act, 2001(Himachal Pradesh)(Act No. 50 of 2001). [173]
Vide A.P. Act
No. 18 of 2007, w.e.f. 16.11.2009 vide GO.Ms. No. 120 Law LA&J-Home -
(Court B) Dept. dated 16.11.2009. [174]
Substituted by Act 50 of 2001, section 3, for sub-section (1) w.e.f.
24.9.2001. [175]
Substituted by Act 50 of 2001, section 3, for "maintenance"
w.e.f. 24.9.2001. [176]
Substituted by Act 50 of 2001, section 3, for "monthly allowance
has been ordered" w.e.f. 24.9.2001. [177]
Vide M. P. Act
No. 15 of 2004, Section 4. [178]
Vide Maharashtra Act, 21 of 1999 Section 3 w.e.f. 20.4.1999. [179]
Vide Tripura Act
9 of 1999 Section 3 w.e.f. 9.4.1999. [180]
Vide W.B. Act 14
of 1995, Section 2 w.e.f. 2.8.1995. [181]
Omitted by Code of Criminal Procedure (West
Bengal Amendment) Act, 2001 (Act 33 of 2001). [182]
Vide Rajasthan
Act 3 of 2001, dt. 01.05.2001. [183]
Vide U.P. Act 36
of 2000, dt. 5.12.2000. [184]
Substituted
Vibe Code of Criminal Procedure (Amendment)
Act, 2001. [185]
Substituted by Act
50 of 2001, sec. 4, for "maintenance" w.e.f. 24.09.2001. [186]
Substituted by
Act 50 of 2001, sec. 4, for "whom the allowance" w.e.f. 24.09.2001. [187]
Substituted by
Act 50 of 2001, sec. 4, for "allowance due" w.e.f. 24.9.2001. [188]
Vide A.P. Act.
No. 18 of 2007, w.e.f. 16.11.2009 vide GO.Ms. No. 120 Law LA&J-Home -
(Courts B) Dept. dated 16.11.2009. [189]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2025 (Act No. 25 of 2005) (Haryana). [190]
Vide Maharashtra
Act 1 of 1978 w.e.f. 15.4.1978. [191]
Substituted
by Code of Criminal Procedure (Maharashtra
Amendment) Act, 1977. [192]
Vide Maharashtra
Act 1 of 1978 w.e.f. 15.4.1978. [193]
Substituted
by Code of Criminal Procedure (Maharashtra
Amendment) Act, 1977. [194]
Vide Maharashtra
Act 7 of 1981 w.e.f . 27.5.1980. [195]
Inserted
by Code of Criminal Procedure (Maharashtra
Amendment) Act, 1981. [196]
Inserted by Code of Criminal Procedure (Amendment)
Act, 2005. [197]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005(Himachal Pradesh)(Act No. 25 of 2005). [198]
Inserted by
the Criminal Law
(Amendment) Act, 2013 (Act No. 13 of 2013) w.e.f. 03.02.2013. [199]
Substituted by the Criminal Law (Amendment) Act, 2018 for the following :- "section 376A, section 376B, section 376C, Section 376D" [200]
Substituted by the Criminal Law (Amendment) Act, 2018 for the following :- "Section 376A, Section 376B, Section 376C, Section 376D" [201]
Inserted by Code of Criminal Procedure (Goa
Amendment) Act, 2014 (15 Of 2014). [202]
Substituted vide Code of Criminal Procedure (Amendment) Act 2008 to be effective from
31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009 previous text
was : - "Provided that no confession shall be recorded by a police officer
on whom any power of a Magistrate has been conferred under any law for the time
being in force." [203]
Inserted by
the Criminal Law
(Amendment) Act, 2013 (Act No. 13 of 2013) w.e.f. 03.02.2013. [204]
Substituted by the Criminal Law (Amendment) Act, 2018 for the following :- "section 376A, section 376B, section 376C, section 376D" [205]
Vide Regulation
1 of 1974 , section 5 w.e.f . 30.3.1974. [206]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005. [207]
Substituted vide Code of Criminal Procedure (Amendment) Act 2008 to be effective from
31.12.2009 vide Notification No. S.O. 3313(E) dated 30.12.2009. previous text
was : - For "3[Explanation II].- If any question arises whether an accused person was
produced before the Magistrate as required under paragraph (b), the production
of the accused person may be proved by his signature on the order authorising detention." [208]
Inserted
vide Code of Criminal Procedure (Amendment)
Act 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E)
dated 30.12.2009 previous text was : - [209]
Inserted by Act
45 of 1978, Section 13 w.e.f. 18.12.1978. [210]
Vide Regulation
1 of 1974, Section 5 w.e.f. 30.03.1974. [211]
Andhra Pradesh
Act 31 of 2001, w.e.f. 06.12.2000. [212]
Published in
C.G. Rajpatra (Asadharam) dated 13.03.2006 (w.e.f 13.03.2006). [213]
Substituted by Code of Criminal Procedure (Orissa
Amendment) Act, 2009. [214]
Vide President Act 1 of 1984, Section 2 w.e.f.
23.6.1984. [215]
Substituted by Code of Criminal Procedure (Punjab
Amendment) Act, 2007. [216]
Substituted by Code of Criminal Procedure (Punjab
Amendment) Repeal and Miscellaneous Provisions Act, 1984. [217]
Vide Tamil Nadu Act 29 of 2003, w.e.f. 22.9.2003. [218]
Vide Tripura Act 6 of 1992, Section 2 w.e.f.
29.7.1992. [219]
Inserted vide Code of Criminal Procedure (Amendment)
Act 2008 to be effective from 31.12.2009 vide Notification No. S.O. 3313(E)
dated 30.12.2009. [220]
Substituted by the Criminal Law (Amendment) Act, 2018 for the following :- "section 376, 376A, 376B, 376C 376D" [221]
Substituted by the Criminal Law (Amendment) Act, 2013 (Act No. 13 of 2013)
w.e.f. 03.02.2013 for the following : - " or 376D of the Indian Penal Code" [222]
Substituted by
Act 46 of 1983, Section 3, for certain words (w.e.f. 25-12-1983). [223]
Substituted by
Act 46 of 1983, Section 4 for certain words (w.e.f. 25-12-1983). [224]
The words
"When any person dies when in the custody of the police or" omitted
by Act 25 of 2005, sec. 18(i) (w.e.f. 23-6-2006). [225]
Inserted vide
The Code of Criminal Procedure (Amendment)
Act, 2005. [226]
Inserted vide
The Code of Criminal Procedure (Amendment)
Act, 2005. [227]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2005(Assam). [228]
Inserted
by Code of Criminal Procedure (Amendment)
Act, 2025 (Act No. 25 of 2005) (Haryana). [229]
Sub-Section (i) shall be Omitted and sub-section (1A)
and sub-section (5) shall be Inserted by Code of Criminal Procedure (Amendment) Act, 2005(Himachal Pradesh)(Act No. 25 of 2005).COPYRIGHT ACT, 1957 (HARYANA AMENDMENT)