Rule 46 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 46 lays down the threshold conditions an applicant must meet before it can even be considered for registration as a copyright society. It requires the founding instrument to commit the body to licensing business and ancillary activities only, requires willingness to follow the Act and Rules, bars sub-licensing of the collection and distribution of royalties, and allows reciprocal agreements with foreign societies.
An applicant under rule 44 is not eligible unless (i) its memorandum and articles commit it to deal only with the business of issuing or granting licences in specific categories of works and ancillary activities, and (ii) it is willing to comply with the Act and the Rules. It may not sub-license or transfer the rights of collection and distribution of royalties to any other person or society, except by agreement with a foreign society or organisation under section 34(2).
Which section the rule serves
Rule 46 sits in Chapter XI beside rules 44 and 45 and serves section 33 (registration of copyright societies), with the proviso tied to section 34(2). See our articles on section 33 and section 34. If you are preparing the founding documents of such a body, a legal consultation can help check them against this rule before you file.
Rule 46(1): eligibility
"An applicant referred to in rule 44 for registration of it as a copyright society shall not be eligible to be considered for such registration unless—"
| Condition | Text | What it means |
|---|---|---|
| (i) | "the instrument by which the applicant is established or incorporated creates a commitment on it to deal with only the business of issuing or granting licences in respect of a right or set of rights in specific categories of works and other activities ancillary thereto" | The founding document must itself limit the body to the licensing business and activities that go with it |
| (ii) | "the applicant is willing to comply with the provisions of the Act and the rules made thereunder" | A statement of willingness; the text does not say how it is shown |
The Explanation. "For the purpose of this chapter 'instrument' means the memorandum and articles of association." So for Chapter XI, the "instrument" is the memorandum and articles. A body that is not a company, such as a trust or a society, would need to read the explanation with care, because the text defines "instrument" only as the memorandum and articles of association and says nothing about other founding documents.
Reading "only"
The word "only" in (i) is strict. The instrument must commit the applicant to deal with only the licensing business and ancillary activities. The text does not define "ancillary", and gives no examples. A body whose articles also list unrelated objects, such as running a publishing house, would not meet the commitment as worded.
Rule 46(2): no sub-licensing of collection and distribution
"The applicant shall not carry out the business by way of sub-licensing or transferring the rights of collection and distribution of royalties in respect of a right or set of rights in specific categories of works to any other person or copyright society."
The point of this sub-rule is that the society must itself collect and distribute royalties for the rights entrusted to it. It cannot pass that function to another person or society. The text uses "applicant", and does not say in terms whether the bar continues after registration. The text of rule 46 does not say whether a registered society can use a service provider for clerical or technical work; the rule bars "sub-licensing or transferring the rights of collection and distribution", not every outsourcing.
The foreign society proviso
"Provided that applicant may enter into agreement with any foreign society or organisation administering rights corresponding to the right or set of rights administered by the applicant to entrust to such foreign society or organisation the administration in any foreign country of the right or set of rights administered by the applicant, or for administering in India the rights administered in a foreign country by such foreign society or organisation under sub-section (2) of section 34 of the Act."
| Direction | What the applicant may do |
|---|---|
| Outward | Entrust a foreign society or organisation with administration, in a foreign country, of the rights the applicant administers |
| Inward | Administer in India the rights that the foreign society or organisation administers in its country |
| Limit | The foreign body must administer corresponding rights; the agreement is under section 34(2) of the Act |
So the bar in sub-rule (2) does not stop reciprocal arrangements. A Mumbai society for musical works can grant a London society the right to collect for Indian music abroad, and can collect in India for the London society's repertoire. The text does not say how royalties are to be accounted between the two bodies.
An example
Chitra Music Authors' Society is formed by eight lyricists and composers. Its memorandum and articles say its objects are to issue and grant licences for the rights of its members in musical and literary works, to collect and distribute royalties, and to run its office and website. That meets rule 46(1)(i). The articles do not mention any publishing or film production. The society later wants to hand the whole job of collecting royalties from radio stations to a private collection agency; rule 46(2) as worded bars sub-licensing or transferring collection and distribution. It may, however, sign a section 34(2) agreement with a foreign society to collect Indian royalties abroad and to administer that society's repertoire in India.
Who does what
| Person | Role |
|---|---|
| Applicant | Shows founding instrument and willingness to comply; does not sub-license collection |
| Registrar of Copyrights and Central Government | Consider the application against these conditions |
| Foreign society or organisation | May be party to a section 34(2) agreement |
What rule 46 does not say
- It does not set the time for a decision; see the article on rule 49 later in this series.
- It does not define "ancillary", "sub-licensing" or "transferring".
- It does not say how "willingness to comply" is shown; Form VIII does not carry a separate question on it.
- It does not mention the Board.
- No fee appears for rule 46; the Second Schedule has no entry for a society application.
Need help with the founding documents of a society?
A rule 46 problem is usually fixed in the memorandum and articles, before anything is filed. A legal consultation can review the documents and suggest changes in line with the text.
Key takeaways
- An applicant is eligible only if its memorandum and articles commit it to licensing business and ancillary activities alone.
- It must be willing to comply with the Act and the Rules.
- It may not sub-license or transfer the collection and distribution of royalties to another person or society.
- Reciprocal agreements with foreign societies under section 34(2) are allowed.
- The text is as notified in 2013 with the 2016 amendment; check later amendments.
Read next
- Rules 44–45: application for registration of a copyright society and membership
- Rules 47–48: re-registration of existing societies and documents with applications
- Copyright societies in India: PPL, IPRS, ISRA
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.