Section 33A 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.
Section 33A makes every copyright society publish its tariff scheme, the list of what it charges for licences, and gives anyone aggrieved by it a route to challenge it before the Commercial Court (before 2021, the Appellate Board). The route has two features users should know: you must keep paying the society's fees while the appeal runs, and the Court may fix an interim tariff. Businesses that use music, broadcasts or performances can seek legal consultation before they challenge or accept a tariff.
Every copyright society shall publish its tariff scheme in the prescribed manner. A person aggrieved by it may appeal to the Commercial Court, which, after inquiry, may make orders to remove any unreasonable element, anomaly or inconsistency. The appellant must pay the society fees that have fallen due before appealing and keep paying until the appeal is decided; the Court cannot stay collection, but may fix an interim tariff.
The 2021 wording
Section 33A was inserted in 2012 (footnote). As printed it refers to the "Appellate Board" in sub-section (2) and in both provisos. The Tribunals Reforms Act, 2021 substitutes "Commercial Court" for "Appellate Board" wherever it occurs in section 33A. Before the Tribunals Reforms Act, 2021 this read "Appellate Board". The printed text also says "the Board" in sub-section (2) and in the first proviso; read it as the Commercial Court, since the 2021 text names only the substitution of "Appellate Board" and leaves that shorter word as printed. We flag it as a drafting point.
Sub-section (1): publish the tariff
"Every copyright society shall publish its tariff scheme in such manner as may be prescribed."
This is a duty of the society, and the manner of publication is left to the Copyright Rules, 2013; this article states none. The tariff scheme is not defined in the text. Failure to comply with section 33A is one of the grounds on which the Central Government may suspend a society's registration under section 33(5).
Sub-section (2): the appeal
"Any person who is aggrieved by the tariff scheme may appeal to the and the Board may, if satisfied after holding such inquiry as it may consider necessary, make such orders as may be required to remove any unreasonable element, anomaly or inconsistency therein".
| Element | Printed text |
|---|---|
| Who may appeal | "Any person who is aggrieved by the tariff scheme" |
| Forum | The Commercial Court (before 2021: the Appellate Board) |
| Process | Inquiry "as it may consider necessary" |
| Power | "such orders as may be required to remove any unreasonable element, anomaly or inconsistency" |
The power is to remove unreasonable elements, anomalies or inconsistencies. The text does not say that the Court may substitute its own tariff scheme wholesale; its words are about removing defects "therein".
The first proviso: pay while you appeal
"The aggrieved person shall pay to the copyright society any fee as may be prescribed that has fallen due before making an appeal to the and shall continue to pay such fee until the appeal is decided, and the Board shall not issue any order staying the collection of such fee pending disposal of the appeal".
Three duties and one bar:
- Pay any fee "that has fallen due" before appealing.
- Continue to pay such fee until the appeal is decided.
- The Court shall not stay collection of that fee pending disposal.
The second proviso: interim tariff
"The may after hearing the parties fix an interim tariff and direct the aggrieved parties to make the payment accordingly pending disposal of the appeal." So while the first proviso stops the Court from suspending collection, the second lets it set an interim figure that the aggrieved parties pay in the meantime.
| Stage | What the user pays | Source |
|---|---|---|
| Before appeal | Any fee as may be prescribed that has fallen due | First proviso |
| During appeal | Such fee, continuously; and any interim tariff the Court fixes after hearing the parties | First and second provisos |
| After the Court's order | As the Court's orders to remove unreasonable elements, anomalies or inconsistencies require | 33A(2) |
The two provisos fit together because the first stops a stay of collection, and the second allows the Court to fix the figure payable meanwhile. The text does not say which prevails if the interim tariff differs from the published fee; read together, the interim tariff is what the Court directs the aggrieved parties to pay.
Example. A chain of restaurants objects to a society's published tariff, saying it applies one rate to a small cafe and a large banquet hall alike, an inconsistency. It first pays the fee that has fallen due, files its appeal before the Commercial Court, continues to pay while the appeal is pending, and asks the Court to fix an interim tariff. After the inquiry, the Court may make orders to remove the inconsistency.
How section 33A fits with sections 33 and 34
| Section | Role |
|---|---|
| 33 | Who may license as a society; registration; suspension for non-compliance with 33A |
| 33A | Publication and challenge of the tariff scheme |
| 34 | How a society administers the rights it receives |
Authors and owners who belong to a society are on the other side of a tariff: it determines what the society collects and later distributes. For societies in practice, see copyright societies in India.
What section 33A does not say
- No tariff amounts or percentages. The section sets none, and this article states none.
- No time limit for filing the appeal or for the Court's decision.
- No form or fee for the appeal; the "fee as may be prescribed" refers to the society's fee, and the Copyright Rules, 2013 govern.
- No definition of "unreasonable element, anomaly or inconsistency".
- No mention of appeals above the Commercial Court.
Need help with a tariff dispute?
If a society's tariff looks unreasonable or inconsistent, the sequence of paying what has fallen due, appealing and asking for an interim tariff matters. Our legal consultation team can review the tariff and advise on the appeal.
Key takeaways
- Every copyright society must publish its tariff scheme in the prescribed manner.
- Any aggrieved person may appeal to the Commercial Court; before the Tribunals Reforms Act, 2021 this was the Appellate Board.
- The Court may order removal of any unreasonable element, anomaly or inconsistency after inquiry.
- The appellant must pay fees fallen due and keep paying; the Court cannot stay collection.
- The Court may fix an interim tariff after hearing the parties.
Read next
- Section 33: registration of copyright society
- Section 34: administration of rights by copyright society
- Sections 35-36A: control, returns and performing rights societies
Disclaimer: Based on the Copyright Act, 1957 as amended up to 2012, read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Acts of 2023 and 2026, as consulted on 1 October 2026. Forms, fees and procedure are set by the Copyright Rules, 2013 as amended from time to time. This article is general information, not legal advice; check the official text before acting.