(1) The Chairman and other members of the Board shall be appointed for such period not exceeding five years as the Central Government may in each case deems fit:
Provided that the Chairman and the other member shall hold office as such after he has attained.e-
(a) in the case of Chairman, the age of sixty-five years; and
(b) in the case of any other Member, the age of sixty-two years.
(2) (i) A person shall not be qualified for appointment as Chairman unless he -
(a) is, or has been a Judge of a High Court; or
(b) is qualified for appointment as a Judge of a High Court;
(ii) A person shall not be qualified for appointment as member unless he -
(a) is or has been a member of the Indian Legal Service and has held a post in Grade-I of that service for at least three years; or
(b) has, for at least ten years, held a judicial office; or
(c) is or has been a Member of a Tribunal or Civil Service not below the rank of a Joint Secretary to the Government of India with three years' experience in the field of Copyright; or
(d) has, for at least ten years, been an advocate of a proven specialised experience in Copyright Law;
(iii) The Chairman and other Members shall be appointed by the Central Government;
and
(iv) No person shall be appointed as Chairman except after consultation with the Chief Justice of India.
(3) The Chairman and other members of the Board shall, on the expiry of the period of their appointment, be eligible for re-appointment.
(4) The Chairman or any other member of the Board may resign his office by giving three months' notice in writing to the Central Government:
Provided that the Chairman or any other member shall, unless he is permitted by the Central Government to relinquish his office sooner, continue to hold office until the expiry 62 THE GAZETTE OF INDIA : EXlRAORDINARY [PARTII-SEC. 3(i)]
(5) The Chairman or any other member shall not be removed from his office except by anorder made by the Central Government on the ground of proved misbehaviour or incapacityafter an inquiry made by a Judge of the Supreme Court in which the Chairman or the other member had been informed of the charges against him and given a reasonable opportunity ofbeing heard in respect of those charges.
CHAPTER/JI RELINQUISHMENT OF COPYRIGHT
4. The author of a work desiring to relinquish under section 21 all or any of the rightscomprised in the copyright in the work shall give notice to the Registrar of Copyrights in Form I or give public notice under sub-rule (2) of rule 5.
5. (l)The Registrar of Copyrights shall, within fourteen days from the date of the publication of the notification in the Official Gazette, post the notice on the website of the Copyright Office so as to remain the same in public domain for a period of not less than three years.
(2)The author relinquishing the rights under rule 5 by giving public notice shall include in the notice the details as given below:-·
(a) Class of the works (given in sub-section (1) of section 13):
(b) Title of the work;
(c) Full name, address and nationality of the author;
(d) Language of the work;
(e) Name, address and nationality of the publisher, if published, with year of publicationand country of first publication;
(t) If copyright in the work is registered under section 45, the Registration number;
(g) The right or rights to be relinquished; and
(h)The date of relinquishment of the rights.
(3) The author may forward a copy of the public notice, along with proof of his identity, to the Registrar and on receiving such notice, the Registrar shall post the same op the website of the Copyright Office.
Explanation.-For the purposes of this Chapter, the term "public notice" means-
(i) mentioning of notice on the work. or cover of the work; or
(ii) publication in one issue of a dailynewspaper in the English languagehaving circulation in the major part of the country and also in one issue of any daily news paper in the same language of the work; or
(iii) Posting the notice on the web.site of the Copyright Office at the request of the author by giving the details as. required under sub-rule (2).
[ 'IWT II-lgUs 3(i)] 63
CHAPTER IV COMPULSORY LICENCES IN WORKS WITHHELD FROM PUBLIC