Rule 49 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 49 tells you what happens after a copyright society's application reaches the Central Government through the Registrar of Copyrights. The Government has sixty days to register or reject; four grounds of rejection are listed, with a hearing; a certificate in Form X follows registration; and the registered society must keep a website and proper staff, and must license only the rights for which it is registered.
The Central Government may, within sixty days of receipt by the Registrar, either register the applicant or reject the application on four grounds: no professional competence or funds; another well-functioning society already administering the same rights; doubt that the members are bona fide or signed voluntarily; or an incomplete application. No rejection without a hearing. The Registrar issues a certificate in Form X. The society must have a website and infrastructure and staff, and license only the rights for which it is registered.
Which section the rule serves
Rule 49 serves section 33 of the Act, in particular registration and the certificate under section 33(3). See our article on section 33. For the steps before this one, see our article on rules 44 and 45 in this series. If you are preparing a society application or a response to a rejection, a legal consultation can help.
Rule 49(1): sixty days, register or reject
"When an application for registration is submitted to the Central Government through the Registrar of Copyrights, that Government may, within a period of sixty days from the date of its receipt by the Registrar of Copyrights either register the applicant as a copyright society or, if— ... reject the application".
The sixty days run from receipt by the Registrar, not by the Central Government. The text does not say what happens if sixty days pass without a decision.
The four grounds of rejection
| Ground | Text |
|---|---|
| (i) | The applicant "has no professional competence to carry on its business or has no sufficient funds to manage its affairs" |
| (ii) | "there exists another copyright society registered under the Act for administering the same right or set of rights in the specific categories of works and it is well functioning" |
| (iii) | The Central Government "has reason to believe that the members of the applicant are not bona fide copyright authors or other owners or they have not voluntarily signed the instrument setting up the applicant or the application for registration" |
| (iv) | "the application is found to be incomplete in any respect" |
Then, as item (v): "Provided that no such application shall be rejected without giving an opportunity of being heard to the applicants." The printed numbering gives the proviso its own roman numeral (v), but it works as a proviso, a hearing before rejection.
Ground (ii) is the one that shapes the field. Where a well-functioning society is already registered for the same right or set of rights in the same categories of works, a second applicant can be refused on that ground alone. The text does not say how "well functioning" is measured. Ground (iv) is a reminder to attach the rule 48 documents, listed in our article on rules 47 and 48.
Rule 49(2): the certificate in Form X
"Upon the registration of a copyright society by the Central Government, the Registrar of Copyrights shall issue a certificate of registration in Form-X under his hand and seal."
Form X is headed "Certificate of registration under section 33(3) of the Copyright Act, 1957". It certifies that the named society "has been registered by the central Government, vide Registration No ... as a copyright society under sub-section (3) of section 33 ... and permitted to commence and carry on the copyright business in ... (here indicate the name of the particular class of works)". It adds that the registration and the permission are subject to two conditions and "liable to be cancelled on non-compliance with, or contravention of, any of them":
- that the particulars in the application are true and correct and not misleading; and
- that the society shall duly comply with all obligations imposed by the Copyright Act, 1957 and "the copyright Rules, 1958".
Drafting slip. Form X refers to the "copyright Rules, 1958", not the 2013 Rules, although the form is part of the 2013 Rules; the text does not explain this. A society reading its certificate should read the condition as referring to the Rules in force. The form is signed by the Registrar of Copyrights, with the date and "New Delhi".
Rule 49(3): what a registered society must have
"On and from the date of its registration as specified in the certificate of registration, the copyright society shall be entitled to commence and carry on the permitted copyright business in the name by which it has been so registered and the applicant shall—
(a) maintain its own website giving all information pertaining to its activities; and (b) have proper infrastructure such as office building and necessary officials for management such as Chief Executive Officer, licensing officers, legal officers and accountants and other required staff appointed at the time of applying for registration."
So the right to start business runs from the date in the certificate, and two operating conditions follow: a website with all information on activities, and infrastructure and staff that were in place "at the time of applying for registration". The rule does not say what "all information" includes; later rules (for example on tariff schemes) require specific publications.
Rule 49(4): only the registered rights
"The Copyright Society shall carry on business of issuing or granting licences only in respect of the right or the set of rights in the specific categories of works for which it is registered and shall not issue or grant licence in respect of any other right or set of rights in those or other categories of works for which it is not registered."
This sub-rule is tied to cancellation: rule 53(d) allows cancellation where a society licenses a right or category for which it is not registered. See our article on cancellation of registration.
An example
Nrityam Authors' Collective applies to license music in sound recordings. Within sixty days of receipt by the Registrar, the Central Government may register it, or reject it on a listed ground, for instance that another well-functioning society already administers the same rights, after hearing the Collective. If registered, Form X names the class of works, and the Collective keeps a website and staff and licenses only those rights.
What the rule does not say
- No fee for registration in the Second Schedule.
- No consequence if sixty days pass in silence.
- No definition of "professional competence" or "sufficient funds".
- No review or appeal route against a rejection in the rule itself.
- No mention of the Board.
Need help with a society registration?
Rule 49 turns on a short clock, a hearing before rejection and the staff and website conditions. Our legal consultation team can review your application against it.
Key takeaways
- The Central Government may register or reject within sixty days of receipt by the Registrar.
- Four grounds of rejection; no rejection without a hearing.
- The Registrar issues Form X under hand and seal; Form X refers to the "Rules, 1958", a slip in the printed text.
- A registered society must have a website, infrastructure and staff, and license only the registered rights.
- The text is as notified in 2013 with the 2016 amendment; check later amendments.
Read next
- Rules 47–48: re-registration of existing societies and documents with applications
- Rules 50–52: inquiry, suspension of registration and administrator
- 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.