[31B. Compulsory licence for benefit of disabled.—
(1) Any person working for the benefit of
persons with disability on a profit basis or for business may apply to the 6[Appellate Board], in such form
and manner and accompanied by such fee as may be prescribed, for a compulsory licence to published
any work in which copyright subsists for the benefit of such persons, in a case to which clause (zb) of
sub-section
(1) of section 52 does not apply and the 6[Appellate Board] shall dispose of such application
within a period of two months from the receipt of the application.
(2) The 6[Appellate Board] may, on receipt of an application under sub-section
(1), inquire, or direct
such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that
the application has been made in good faith.
1. The Explanation omitted by Act 27 of 2012, s. 16, (w.e.f. 21-6-2012).
2. Omitted by s. 16, ibid. (w.e.f. 21-6-2012).
3. Ins. by Act 23 of 1983, s. 12 (w.e.f. 9-8-1984).
4. Subs. by Act 27 of 2012, s. 17, for “Indian works” (w.e.f. 21-6-2012).
5. Subs. by s. 17, ibid., for sub-section
(1) (w.e.f. 21-6-2012).
6. Subs. by Act 7 of 2017, s.160, for “Copyright Board” (w.e.f. 26-5-2017).
7. Ins. by Act 27 of 2012, s. 18 (w.e.f. 21-6-2012).
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(3) If the Appellate Board is satisfied, after giving to the owners of rights in the work a reasonable
opportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory
licence needs to be issued to make the work available to the disabled, it may direct the Registrar of
Copyright to grant to the applicant such a licence to publish the work.
(4) Every compulsory licence issued under this section shall specify the means and format of
publication, the period during which the compulsory licence may be exercised and, in the case of issue of
copies, the number of copies that may be issued including the rate or royalty:
Provided that where the 1[Appellate Board] issued such a compulsory licence it may, on a further
application and after giving reasonable opportunity to the owners of rights, extend the period of such
compulsory licence and allow the issue of more copies as it may deem fit.