Section 11. Cognizance of offences

(2) It extends to the whoje `Q£` B~itish India including British Baluchistaa, the District of Angul, and the Sonthal Parganas. 9, In this Act, unless there i~ anything'repugnan t Definitions. in the wbject or context,- (1) " the Copyright* Acj " means bhe Act of Parliament entitled the Copyright Act, 1911 : and `1` & 2, (300. B, C. 46. (2) words and expressions defined in the Copyright Act have the +came meanings as in that Act. - :& `I;o` .$he :.ap~li~ation 4~ 'C~ppr&?x$ &$ . .&a:cg~$)yafw&i& A&, tb.e p~@~w'&9~a6:.1th.@~<$\~f ':as '&re , 4~ ,@ziti& ~-$ndia of the * ~ ~ l i u t i o n A&, ..exdept rubh of fcF%"ght. ':as '&re , $sp&s$y, sstricted to : $+ the a~~tatione. ( O h ~ p t e ~ XI.-Constrzcctiofi a d Bodificatiofi of the Copyvight act.) (4) Such regulations may apply to copies of all works the importation of copies of which is prohibited by this section, or different regulations may be made respecting different classes of such works. (5) The regulations may provide for the ipformant re-imbursing the Xecretary of State for Ipdia in Council all expenses and damages incurred in seypect ,of any detention hade on his inf or~qtion, and of ,any proceedings consequent on such detention; and may provide that notices given vnder the Copyright Act to the Cornlnissioners of Customs and Excise of the .United - -- r81s.q `1%` C O J I ~ T S ~ ~ ~ . CS (Chapter ~ l ; ~ b - h s t ~ ~ w c t i ~ n a3d .iIko%f;~&%bba af the Copyright Act. Ch~pter I11.-Penalties.) united Kingdom, and oorhmunicated by that au%&ority-to any authority in British India, shall be deemed to 'have been given 'by 'the owner to -the said Chief Customs officer. (6) This section shall have effect as %he necessary modification of section 14 of the Copyright Act. CHAPTE-R `111.` 7, If ady :E)ei.son .knowingly- OfEences in respect `of` respect `of (a')` makes for sale or hire any infringing oopy infrindng of a work in which copyright subsists; 00~i"5. or (b) sells or lets for hire, or by way of trade ex- pdses or offcrs for sale .or hire, any inf~ing'ing copy `d` any such work ; or '(c) distributes infringing copies of any such work, either for the purposes of trade or tcr sach an extent as to affect prejudicially the owner of the copyright ; or - (d) by way of trade exhi6its in public -any infringing copy of any such work ; or - (e) imports for sale or hire into British India any infringing oopy of any such work ; he shall be punishable with fine which may extend to twenty rupees for every copy dealt with in contravention of this soction, but not exceeding five hundred rupees in respect of the same transaction. 8. If any person .knowingly makes, or has in his Possession of possession, any plate for the purpose of making in- platca for pose of `mak-` pur- fringing copies of any work in which copyright sub- ing infrinp ~ists, or knowingly and for his private profit causes ing any such work to be performed in public without %he conmnt of the owner of the copyright, he shall be punishable with fine which may extend to five hundred rupees. 11. Cognizance of offences. 312. Saving in case of infringement by construction of building. CHAPTER IT. `15.` Courts having civil 'jJrisdiction regarding infringment . of copyright. 18. EEeect 6 I ACT No. I11 OF 1914. (Beceived tle assen8 of tile Governor Ge~eral ow jle 24th February, 2924.) An A@ to modify and add to the provisions of the Copyright Act, 1911. W to the provisions of the aopyright Act, 1911, EEREA8 it is expedient to modify and add `1` 6, &2, c. 46. Gee. in its application to British India ; I t is hereby enacted as follows :- . CHAPTER `I.` `1,` (1) This Act may be called the Iqdian Copy- short title right Act, `191%.` and extent. extent. and extent. extent. (2) Before detaining any such copies, or taking any further proceedings with a view to the confiscation thereof, such Chief Custcms o%ceri or any other officer appointed by the Local Government in khis behalf, may require the regulations under this section, whether as to information, security, conditions or other matters, to be complied with, and may satisfy himself, in accordance ,with these regulations, that the sopies are such as are prohibited by this section to be imported. (3) The Governor General in Council may, by notification in the Gazette of h d i a , make regul$60ns, either general or special, respecting the deten@n and confiscation of copies the importation of which is prohibited by this saction, and the conditions, if any, to be fulfilled beforo such detention and confiscation ; and may, by such regulations, determine the information, notices arid security to be given, and the evidence requisite for any of the purposes of this section, and the mode of verification of such evidence. the United Kingdom, is set out in tha First Schedule), the lollowing modifications shall be made, naimcly :- (I) the powers of the Board of Trade under section 3 shall, in the case of works first published in British India, be exercised by the Governor General in Council ; (2) the powers of the Board of Trade under section 19 shall, as regards records, perforated rolls and other contrivances, the original plate of which mas made in British India, be exercised by the Governor General in Council ; and. the confirmation of 'Parliament shall not be neccssary to the exercise of any of these powers ; (8) the references in section 19, sub-section (4), and in section 24, sub-section ( I ) , to arbitration shall be read as references to arbitration in accordance with the law for the time being in force in that part of British India in which the dispute occurs ; (4) as regards works the authors whereof were 'at the time of the making of the works resident in British India, and as regards works first published in British India, the reference in section 22 to the Patents and 7 `E ~ W .` VII, Designa Act), 1907, shall be construed as 2Y. a reference to the Indian 'Patents and Designs Act, 1911, and the reference in 11 of 1911. the said section to section 86 of the Patents and Designs Act, 1907, shall be construed ~ ~ ; 9 ~ 1 1 ~ as a reference to section 77 oi' the Indian Yatents and Designs Act, 1911 ; 11 of 1911. (5) as rega~ds works first published in British India, the reference ,in section 24, subeection ( I ) , proviso (a), to the Jondofi Gazetie and two London newspapers shall be coiistrued as a reference to the Gazette of 9. `if` . . . . - . .. . . . . . . . , . . - . , . . - , . . - . . - . - . . . ~. . . , . . - . , . . - , . . - . . - . - . . . . .,.. . Copyyigh t. [ACT `PII,` . (Clz&pt&~ III.-- Perzaltdoa. Chapt el* `IF.-` . Niscellaneous.) .9, If any person,' after having been previously. conviction. convicted of an offence punishable under section `7` or section 8 is, subsequently convicted of an offence punishable under either of these sectio,ns,-. he shall be punishable with ' simple imprisonment which may 'extend to one month, or with fine which may extend to one thousand rupees, or with both. `10.` (1) The , Court before which any offence under this Chapter is tried may, whether the alleged is convicted or not, order that all copies of the work or all plates in the possession of the alleged , whichAappcar to it to be infringing copies,' or plates for the purpose of making infringing ,copies, be destroyed or delivered up to the owner of the copyotherwisc dealt with as the Court. may think nyperson affected by an order under sub, within 'thirty days of the 'date of such the Court to which appeals -from the ng thc order ordinarily lie; and such appellate Court may direct that execution of the order be stayed pending consideration of the appeal. h Court inferior to that of a presidency Magistrate or a Magistrate of the first class shall try any offence against this Act. (Chapte~ 11.- Cofistraction and Nodi$cation of the Copyriglzt Act.) of India and two newspapers published in British India ; and the reference in proviso `(6)` of the Fame sub-section of the same section to the 26th day of July, 1910, shall, as regards works the authors whereof were at the time of the making of the works resident in British India, and as regards works first published in British India, be construed as a reference to the 30th day of October, 1012. 4, (1) I n the case of works first published in Modification of cnpyright British India, copyright shall bc subject to this limi,,,,,d, tation that the ole right to produce, rcproduce, per- branslstiun of form or publish a translation of the work shall subsist[works ] published [first ] in . only for a period of ten years from the date of the first Bri"sbIlldia. publication of the cvork : Providecl that if within the said period the author, or any person to whom he has granted perinission so to do, publishes a, trauslation of any suoh work in any language, copyright in such work as regards the sole right to produce, reproduce, perform or publish a , translation in that language shell not be subject to the limitation prescribed in this sub-section. ( 2 ) For the purposes of sub-section (1) the expression " author " includes the legal representative of a deceased author. - `12.` The provjsiops of this Chapter shall not case to whicli section 9 of the Copyregarding the restrictions on reinedies in a work of architecture, applies. - . . . ... 5, I n the agplication of the Copyright, Act to Musical works made by resimusical works the autllors whereof were at the time of dent of, ol. the making of the works resident in British India, or first published in British to musical works first published in British India, the term '< musical work " shall, save as other wise expressly provided by the Copyright Act, mean <' any combination of melody and harmony, or either of them, which has been reduced to writing." 6. (1) Copies made out of British India of any Importation work in which copyright subsists which if made in Of copies' British India urould infringe copyright, and as to mliich the owner of the copyright gives notice in writing by himself or his agent to the Chief Customs officer \ `I I` I `\` i i = I , I < i : I < I (Chapter 1I.w Construction and Hodi$cation of the Copyright Act.) vIIr of `1878.` officer, as defined in the Sea Customs Act, 1878, that he is desirous that such copies should not be imported into British India, shall not be so imported, and shall, tuhject to the provisions of this section, be deemed to be prohibited imports within the meaning ,of section IIr of of 1878 18 of the Sea Customs Act, 1878. IIr of of 1878