Section 78:
Power to make rules.
(1) The Central Government may, by notification in the Official Gazette,
make rules 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 provide for all or any of the following matters, namely:--
1[* * * * *];
(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;
2[(cA) the form and manner in which an organisation may apply to the 3[Appellate Board] for
compulsory licence for disabled and the fee which may accompany such application under
sub-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) or sub-section (7) of section 31D];
1[(ca) the conditions for submission of application under sub-section (2) of section 33;
(cb) the conditions subject to which a copyright society may be registered under sub-section (3)
of section 33;
(cc) the inquiry for cancellation of registration under sub-section (4) of section 33;
5[(ccA) the manner in which a copyright society may publish its Tariff Scheme under
sub-section (1) of section 33A;
(ccB) the fee which is to be paid before filing an appeal to the 3
[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 conditions subject to which the copyright society may accept authorisation under
clause (a) of sub-section (1) of section 34 and the conditions subject to which owners or rights have
right to withdraw such authorisation under clause (d) of that sub-section;
(ce) the conditions subject to which a copyright society may issue licences, collect fees and
distribute such fees amongst owners of rights under sub-section (3) of section 34;]
(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 (1) 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;
5[(da) the manner of payment of royalty under clause (j) of sub-section (1) of section 52;
6* * * * *]
(e) the form of Register of Copyrights to be kept under this Act and the particulars to be entered
therein;
(f) the matters in respect of which the Registrar of Copyrights and the 3[ 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.
7[(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 be without prejudice to the validity of anything previously done under that rule.]
Notes:
1. Clause (a) omitted by Act 7 of 2017, s. 160 (w.e.f. 26-5-2017).
2. Ins. by Act 27 of 2012, s. 39 (w.e.f. 21-6-2012).
3. Subs. by Act 7 of 2017, s.160, for Copyright Board (w.e.f. 26-5-2017).
4. Ins. by Act 38 of 1994, s. 24 (w.e.f. 10-5-1995).
5. Subs. by Act 38 of 1994, s. 24, for sub-clause (da) (w.e.f. 10-5-1995).
6. Omitted by Act 27 of 2012, s. 38 (w.e.f. 21-6-2012).
7. Subs. by Act 23 of 1983, s. 23, for sub-section (3) (w.e.f. 9-8-1984).