Section-78 Power to make rules
Section-78 Power to make rules –
(1) The Central Government may, by notification in the Official Gazette, make rules (Note: For the Copyright Rules,1958, see. Gazette of India, Extraordinary, Part II, Section 3, p.167) 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 –
a. The term of office and conditions of service of the Chairman and other members of the Copyright Broad
b. The form of complaints and applications to be made, and the license to be granted under this Act,
c. The procedure to be followed in connection with any proceeding before the Registrar of Copyrights,
(ca) [(Note: Ins. by Act 38 of 1994, S.24 (w.e.f. a date to be notified)) the conditions for submission of application under sub section (2) of Section 33,
(cb) The conditions subjects to which a copyright society may be registered under sub section (3) of Section 33.
a. The inquiry for cancellation of registration under sub section (4) of Section 33
i. The conditions subject to which the copyright society may accept authorization under clause (a) of sub section (1) of Section 34 and the conditions subject to which owners of rights have right to withdraw such authorization under clause (d) of that sub section.
(ce) The manner in which the approval of the owners of rights regarding collection and distribution of fees, approval for utilization 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 36.
(cf) The manner in which the approval of the owners of rights regarding collection and distribution of fees, approval for utilization 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;]
a. The manner of determining any royalties payable under this Act, and the security to be taken for the payment of such royalties;
(da) [(Note: Ins. by Act 38 of 1994, S.24 (w.e.f. a date to be notified)) The manner of payment of royalty under clause (j) of sub-section (1) of Section 52;
(db) The form and the manner in which the copyright society shall maintain accounts and other relevant records and prepare annual statements of accounts and the manner in which the quantum of remuneration is to be paid to individual owner of rights under sub section (I) of Section 52-B.]
b. The form of Register of Copyrights to be kept under this Act and the particulars to be entered therein.
c. The matters in respect of which the Registrar of Copyrights and the Copyright Board shall have powers of a civil court.
d. The fees which may be payable under this Act.
e. 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.
(3) [(Note: Subs. for sub-section 3 by Act 23 of 1983, Section 23 (w.e.f. 9-8-1984)) 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 session aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should 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 such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]
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