{ l) An applicant referred to in rule 44 for registration of it as a copyright society shall not be eligible to be considered for such registration unless-
(i) the instrument by which the applicant is established or incorporated creates a commitment on it to deal with only the business of issuing or granting licences in respect of a right or set of rights in specific categories of works and other activities ancillary thereto; and 78 TIIE GAZETTE OF INDIA : EXTRAORDINARY [PARr 11--SEC. 3(i)]
(ii) the applicant is willing to comply with the provisions of the Act and the rules made thereunder.
(2) The applicant shall not carry out the business by way of sub-licensing or transferring the rights of collection and distribution of royalties in respect of a right or set of rights in specific categories of works to any other person or copyright society:
Provided that the applicant may enter into agreement with any foreign society or organisation administering rights corresponding to the right or set of rights administered by the applicant to entrust to such foreign society or organisation the administration in any foreign country of the right or set of rights administered by the applicant, or for administering in India the rights administered in a foreign country by such foreign society or organisation under sub-section
(2) of section 34 of the Act.
Explanation: For the purpose of this chapter "instrument" means the memorandum and articles of association.