Rules 59 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.
Rules 59 to 61 are the governance core of Chapter XI. Rule 59 says who runs a copyright society (a General Body, a Governing Council and a Chief Executive Officer) and how the Chairman and members are elected. Rule 60 says how a Tariff, Distribution or other Scheme is approved. Rule 61 sets the annual meeting, notice, quorum and the Registrar's right to observe.
A society has a General Body of all authors and owners, a Governing Council with a Chairman and at least six other members, and a Chief Executive Officer. The General Body is the decision-making body. The Chairman is elected by two-thirds of members present and voting; Council members serve two years and cannot be re-elected for the next two. A Scheme needs twenty-one days' notice and approval by a majority of members present and voting. The annual meeting is held before 31 March each year, with the Registrar invited as an observer.
Which section the rules serve
Rules 59 to 61 serve sections 33 to 36 of the Act, in particular the control and governance provisions in section 35. See our article on sections 35 to 36A and our guide to copyright societies in India. None of the three rules mentions the Board; the Board's role in the tariff appeal is in rule 57, covered in an earlier article. If you are drawing up a society's bye-laws or running its meetings, a legal consultation can help check them against these rules.
Rule 59: management of the society
Structure (sub-rule 1)
Every society shall have:
| Organ | Composition |
|---|---|
| (a) General Body | All the authors and other owners of a right or set of rights in the specific categories of works for which the society has been authorised to issue or grant licences |
| (b) Governing Council | A Chairman and a minimum of six other members |
| (c) Chief Executive Officer | May or may not be a member of the society |
Powers (sub-rule 2)
"The General Body shall be the decision making body of the society. All the powers necessary for the purpose of effective management of the society shall be with the General Body and the Governing Council may act as per the directions of the Governing Body." The text says "Governing Body" at the end, which is an inconsistency with "Governing Council"; the sense is that the Council acts on the General Body's directions.
Election and terms (sub-rules 3 to 7)
- Chairman: elected by "two-third of the majority of all the members present and voting in the General Body meeting" (sub-rule 3).
- Chair of meetings: the Chairman of the Governing Council chairs the General Body (sub-rule 4) and has the right to vote in the General Body and the Governing Council (sub-rule 5).
- Other Council members: they "shall represent equally from authors and other owners", elected from the General Body "by the majority of members present and voting" (sub-rule 6).
- Term: the Chairman and other members "shall be elected for a period of two years" and "shall not be eligible for re-election for a period of two years from the date of completion of their term" (sub-rule 7).
The phrase "two-third of the majority" is clumsy; it reads as two-thirds of members present and voting. The text does not say what happens if no candidate reaches that mark.
Sub-committees and the instrument (sub-rules 8 and 9)
The General Body may create sub-committees for preparing the Tariff Scheme, Distribution Scheme, Welfare Scheme and related matters, under the supervision of the Governing Council. The General Body "shall approve the instrument of the society including any subsequent changes made to it."
Rule 60: approval of Schemes
| Sub-rule | Requirement |
|---|---|
| (1) | The society calls a General Body meeting to approve any Scheme "as soon as it has been prepared by the Governing Council" |
| (2) | Notice of not less than twenty-one days to every member, with a copy of the proposed Scheme and a note on the guiding principles, also posted on the society's website |
| (3) | The notice must say that a member who objects to the Scheme "shall be entitled to withdraw the authorisation given to the copyright society to administer any right in his work from the date of commencement of the said Scheme" |
| (4) | The society keeps a record of members who approved and those who objected |
| (5) | Approval "by a majority of members present in person and voting" |
| (6) | No amendment of an approved Scheme "except with the prior approval of the General Body" |
Sub-rule (3) matters for authors: a Scheme that a member dislikes need not trap that member, because the notice must tell him he may withdraw the authorisation. Compare with rule 54(3), where withdrawal on sixty days' notice depends on the society failing its commitments; see our article on rules 54 and 55. Sub-rule (5) says "in person", which the text does not extend to proxies or electronic voting.
Rule 61: meetings
| Sub-rule | Requirement |
|---|---|
| (1) | Annual General Body meeting "before the 31st day of March every year" |
| (2) | A special (extraordinary) meeting may be held if considered necessary by a two-thirds majority of the Governing Council |
| (3) | Meetings in the town or city of the registered office, or another convenient place decided by the Chairman |
| (4) | Notice issued before twenty-one days of the meeting, specifying agenda, time, date and venue, and posted on the website |
| (5) | Every member has equal voting rights in General Body meetings |
| (6) | No discrimination between members who are authors and other owners |
| (7) | Quorum for the General Body: one third of the total members; if no quorum, the meeting may be adjourned for thirty minutes and the members then present constitute the quorum |
| (8) | Quorum for the Governing Council: one third of its members other than the Chairman, with an equal number of authors and other owners |
| (9) | The Registrar of Copyrights is invited as an observer to all General Body meetings; the Registrar or an authorised representative may attend |
The rules say "before the 31st day of March", which on its wording means by 30 March. The thirty-minute adjournment rule is short: a meeting with too few members can proceed after half an hour with whoever is present.
An example
Swarlok Society's Governing Council has finished a revised Distribution Scheme. It issues notice to all members at least twenty-one days before the General Body meeting, with the scheme, a note on its guiding principles and the statement about withdrawal of authorisation, and posts it on its website. At the meeting, in March, a majority of members present in person and voting approves it. The society records who approved and who objected. The Registrar was invited as an observer. Two members who objected may withdraw their authorisations from the date the Scheme starts.
What the rules do not say
- No form for notices or minutes.
- No rule for proxy or electronic voting.
- No casting vote for the Chairman beyond the right to vote.
- No tie-break or what follows a failed election.
- What the Registrar does as observer.
- No fee under the Second Schedule.
Need help with society governance?
Governance defects are the quickest way to a complaint and an inquiry. Our legal consultation team can check your instrument, notices and resolutions against rules 59 to 61.
Key takeaways
- A society has a General Body, a Governing Council (Chairman plus at least six members) and a Chief Executive Officer.
- The Chairman needs two-thirds of members present and voting; Council members serve two years, with a two-year gap before re-election.
- Schemes need twenty-one days' notice with a withdrawal warning and approval by a majority of members present in person and voting.
- The annual General Body meeting is before 31 March; the Registrar is invited as an observer.
- The text is as notified in 2013 with the 2016 amendment; check later amendments.
Read next
- Rules 62–65: annual documents, accounts, audit, records and returns of societies
- Rule 58: distribution scheme of a copyright society
- Section 34: administration of rights by a copyright society
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.