(1) An applicant referred to in rule 44\nfor registration of it as a copyright society shall not be eligible to be considered\nfor such registration unless\u2014<\/em><\/strong><\/p>\n\n\n\n(i) the instrument via which the\napplicant is incorporated or established creates a commitment on it to engage\nwith the business of issuing license relating to a right or set of rights in\nthe particular regime of works and other undertakings ancillary thereto; and<\/p>\n\n\n\n
(ii) the applicant is willing to comply\nwith the provisions of the Act and the Rules made thereunder.<\/p>\n\n\n\n
(2)<\/strong> the applicant shall not conduct the business via transferring the rights of collection & royalty’s distribution relating to a right or set of rights in the particular regime of works to any other individual or copyright society:<\/p>\n\n\n\nProvided that said applicant might enter\ninto an agreement with any overseas society managing rights corresponding to\nthe right or set of rights managed by the applicant to entrust to such Society\nthe management of any overseas nation of the right or set of rights managed by\nthe applicant, or for managing in India the rights-managed in an overseas\nnation by such overseas Society under sub-section (2) of section 34 of the Act.<\/p>\n\n\n\n
<\/span>Order of Inquiry, Registration Suspension, & appointment of an Administrator<\/span><\/h2>\n\n\n\n(1) If the Central Government, in a\ncomplaint of the RoC or a member of copyright society, has a legitimate reason\nthat the copyright society is being administered in a way detrimental to the\nmembers’ interest or for non-compliance of guidelines u\/s 33A, subsection (3)\nof section 35 & section 36 of the Act or any alteration made in the\ninstrument by which the Society is incorporated or set up and registered by the\nCentral Government, without prior notification to it shall render a compliant\ncopy to the Society and prompt the Society to furnish a statement within 15\nworking days.<\/p>\n\n\n\n
(2) if, post consideration of the\nstatement provided by the Society, the Central Government is prima facie\nsatisfied:-<\/p>\n\n\n\n
(a) it shall order an inquiry under\nsub-section (4) of section 33 into the charges and appoint a designated\nofficer, not below the rank of Deputy Secretary to the GOI for holding an\ninquiry. During such inquiry, if the Central Government observed that the\nmember’s interest had been hampered, it may suspend the registration for a\nduration not surpassing one year, and shall appoint a designated manager to\naddress the undertaking of the copyright society; or<\/p>\n\n\n\n
(b) In view of the above, it may render\nthe order of suspension of such a society for a duration not surpassing one\nyear and appoint an official to deal with the undertaking of the copyright\nsociety and further release order for inquiry as per clause (a).<\/p>\n\n\n\n
(3) The said official shall be an\nindividual with adequate experience in the field of management or accounting of\ncopyright matters.<\/p>\n\n\n\n
<\/span>Cancellation of a copyright society Registration<\/span><\/h2>\n\n\n\nThe registration of Society as such may\nbe revoked by the government post granting the copyright society an opportunity\nof being heard, if \u2014<\/p>\n\n\n\n
(a) any of the detail enlisted in the\nregistration application is, at any time, found to be invalid or misleading in\nany way; or<\/p>\n\n\n\n
(b) post holding an inquiry by the said\nofficial, the Government is satisfied that-<\/p>\n\n\n\n