Rule 3 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 3 is the only rule in Chapter II of the Copyright Rules, 2013. It says how long the Chairman and the other members of the Board hold office, who can be appointed, when they may resign and when they may be removed. It was amended once, in 2016, on the age limit. The Board itself has since been abolished at Act level, which changes how you should read the rule today.
Under rule 3 the Chairman and other members are appointed by the Central Government for a period not exceeding five years, with an age ceiling of sixty-five for the Chairman and sixty-two for other members (substituted wording of 2016). The Chairman must be, or be qualified to be, a High Court Judge and is appointed only after consultation with the Chief Justice of India. Resignation needs three months' notice; removal needs an inquiry by a Supreme Court Judge. The Tribunals Reforms Act, 2021 abolished the Board at Act level.
The Board caution you need first
Rule 3 speaks of "the Board", defined in rule 2(1)(b) as the Copyright Board under section 11(1) of the Act. This article describes the rule as notified in 2013, with the 2016 amendment. The Tribunals Reforms Act, 2021 abolished the Board at Act level and moved its functions to the Commercial Court or the High Court, as each amended section provides. These Rules have not been checked here for a matching amendment, so rule 3 should be read as a record of how the Board was constituted, not as a description of a body currently sitting. See our article on the Appellate Board provisions after 2021. If your problem is a dispute that used to go to the Board, a legal consultation will help identify the forum.
What rule 3 says, in order
Term of office
The Chairman and other members "shall be appointed for such period not exceeding five years as the Central Government may in each case deems fit". The period is therefore set case by case, up to a ceiling of five years. The grammar ("may in each case deems fit") is a slip in the text; the sense is clear.
The age proviso (as amended in 2016)
A proviso fixes a maximum age. The text says the Chairman and the other member shall hold office as such after he has attained "(a) in the case of Chairman, the age of sixty-five years; and (b) in the case of any other Member, the age of sixty-two years". A footnote records that the words "the other member shall hold office" were substituted by G.S.R. 788(E), dated 10 August 2016, with effect from 12 August 2016, for "other member shall hold office".
Drafting slips. The printed proviso is garbled: the word "not" appears to be missing, so literally it reads as if office is held after the ages, while the sense is plainly an upper age limit. The numbering is also broken around the proviso: the opening paragraph carries no "(1)" and the proviso's lines run into sub-rule (2). The table below follows the text's own numbering.
| Post | Age ceiling in the proviso |
|---|---|
| Chairman | Sixty-five years |
| Any other Member | Sixty-two years |
Qualifications (sub-rule 2)
Chairman. A person is not qualified unless he "(a) is or has been a Judge of a High Court; or (b) is qualified for appointment as a Judge of a High Court".
Member. A person is not qualified unless he:
| Route | What the text requires |
|---|---|
| (a) | Is or has been a member of the Indian Legal Service and has held a post in Grade I of that Service for at least three years |
| (b) | Has, for at least ten years, held a judicial office |
| (c) | Is or has been a Member of a Tribunal or Civil Service not below the rank of a Joint Secretary to Government of India with three years' experience in the field of Copyright |
| (d) | Has, for at least ten years, been an advocate of a proven specialized experience in Copyright Law |
Two further conditions: the Chairman and other Members are appointed by the Central Government (clause iii), and no person is appointed Chairman "except after consultation with the Chief Justice of India" (clause iv). The text does not say whether the routes in (a) to (d) are alternatives or cumulative; they are joined by "or", so they read as alternatives.
Re-appointment (sub-rule 3)
On expiry of the period of appointment, the Chairman and other members "shall be eligible for re-appointment". The text sets no limit on the number of re-appointments, though the age ceiling in the proviso still applies.
Resignation (sub-rule 4)
The Chairman or any other member may resign "by giving three months' notice in writing to the Central Government". A proviso says that, unless the Central Government permits him to relinquish office sooner, he continues to hold office until the expiry (of the notice period).
Removal (sub-rule 5)
The Chairman or a member "shall not be removed from his office except by an order made by the Central Government on the ground of proved misbehavior or incapacity after an inquiry made by a Judge of the Supreme Court" in which he had been informed of the charges and given a reasonable opportunity of being heard. So the order of removal follows an inquiry; it does not precede it.
Example. A retired High Court Judge would be eligible as Chairman under clause (2)(i)(a) if appointed after consultation with the Chief Justice of India, and the age ceiling of sixty-five would cap the term. An advocate of twelve years' proven specialised experience would fit clause (2)(ii)(d), with a ceiling of sixty-two.
What rule 3 does not say
- It does not give salary, allowances or leave conditions, though the heading says "terms and conditions".
- It does not say how many members the Board has, or who acts as Chairman if the post is vacant.
For the Copyright Office and Registrar, see sections 9 and 10 of the Act.
Need help with Board-era orders or disputes?
Old agreements and orders often refer to the Copyright Board. If you hold one and are unsure which forum applies now, our legal consultation team can read the document with you and point to the current forum under the Act.
Key takeaways
- Rule 3 deals with tenure, qualification, resignation and removal of the Board's Chairman and members.
- Term: up to five years; age ceilings of sixty-five (Chairman) and sixty-two (member), as worded after the 2016 amendment.
- The Chairman is a High Court Judge or someone qualified to be one, appointed after consulting the Chief Justice of India.
- Resignation needs three months' written notice; removal needs a Supreme Court Judge's inquiry.
- The Board has been abolished at Act level by the Tribunals Reforms Act, 2021; later amendments to the Rules should be checked.
Read next
- Rule 1–2: short title, commencement and interpretations
- Rule 4–5: relinquishment of copyright, notice and public notice
- Sections 71–73: appeals against Magistrate and Registrar orders
Disclaimer: Based on the Copyright Rules, 2013 as notified (with the 2016 amendment), read with the Tribunals Reforms Act, 2021, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.