Chapter-7

Chapter-7
Miscellaneous
30. Registrar and his functions, duties and powers :

(1) Government of Nepal may, by a notification in the Nepal Gazette, designate any officer of at least Gazetted second class to act as the Registrar pursuant to this Act.
(2) In addition to those mentioned elsewhere in this Act, the functions, duties and powers of the Registrar shall be as follows:
(a) To monitor and control the royalty collecting body,
(b) To hear complain as prescribed made by any party who is not satisfied with the royalty fixed by the royalty collecting body,
(c) To perform, or cause to be performed such other functions as prescribed for the accomplishment of the objective of this Act.

31. Appeal against order and decision of Registrar : An party who is not satisfied with any order or decision made by the Registrar may make an appeal
in the Appellate Court in the area where the Office of the Registrar is situated, within thirty-five days.

32. Power to seize copies of work, sound recording or other materials :

(1) In cases where any person doubt that any one has published or reproduced or is about to publish or reproduce any work or sound recording contrary to Section
25 and makes a complaint before the police who has a duty of investigating the offense under this Act, the police shall make necessary arrangements for
preventing the copies of such work or sound recording from being sold and distributed and may, in cases where required, search the copies of such work or
sound recording and seize the same pursuant to the law in force.

(2) In conducting search and seizure pursuant to Sub-section (1), the machine including materials used to publish and reproduce the copies of such
work or sound recording may also be seized.

33. To destroy copies of work, sound recording or other materials : In cases where the copies of the work or sound recording seized pursuant to
Section 32 are held by the court liable to be seized, they shall be destroyed in presence of the representatives of the District Administration Office and the
Local body.

34. Power of Customs Officer to stop importation of unauthorized copies :
(1) In cases where any person suspects that any other person is importing copyrighted materials into Nepal in an unauthorized manner, such a person may
make an application, accompanied by the evidence, to the Custom Officer to prevent the importation of such material.
(2) In cases where, in conducting necessary investigation upon receipt of an application pursuant to Sub-section (1), the demand of the applicant appears
reasonable, the Customs Officer may prevent the materials to be imported for a maximum of twenty working days at the rate of ten working days at a time.
(3) Notwithstanding anything contained in Sub-sections (1) and (2), in cases where the Customs Officer learns or suspects that any one is importing
copyright reserved materials into in an unauthorized manner, he/she may prevent such materials for a maximum of twenty working days at the rate of ten
working days at a time.
(4) Other procedures on the prevention of importation of unauthorized copies shall be as prescribed.

35. To try and settle cases : (1) The concerned District Court shall have the powers to try and settle cases punishable under this Act.
(2) In trying and settling cases under this Act, the procedures referred to in the Summary Procedures Act, 2028 (1971) shall be followed.

36. Power to order for withholding : In cases where, in the course of trying and settling a compliant pursuant to this Act, the District Court, at the request of the
concerned party, thinks it reasonable to stop any activity contrary to this Act, it may order the concerned person or body to stop such activity.

37. To be state cases : (1) The cases punishable under Sections 27 and 28 shall be state cases and those cases shall be considered to be included in Schedule-1 of
the State Cases Act, 2049 (1992).
(2) A police officer of at least the rank of police inspector shall investigate and inquire into the cases under this Act.

38. Limitation: In cases where any right under this Act is infringed, a case has to
be filed within three months of the knowledge of such infringement.

39. Provisions relating to royalty collecting body : (1) Generally, one royalty collecting body shall be formed as prescribed in one discipline for the purposes
of fixing, collecting and distributing royalty of the works relating to copyright.
(2) The royalty collecting body formed pursuant to Sub-section (1) has to be registered with the Registrar in the manner as prescribed.
(3) The royalty collecting body shall be an autonomous body corporate with perpetual succession.
(4) The royalty collecting body shall have a seal of its own for all of its activities.
(5) The royalty collecting body may, like an individual, acquire, use, sell and dispose of or otherwise manage movable and immovable property and may,
like an individual, sue and be sued by its name.
(6) Government of Nepal may specify the terms to be followed by the royalty collecting body; and it shall be the duty of the royalty collecting body to
abide by such terms.

40. Copyright Government of Nepal : (1) Government of Nepal shall have the  copyright over the work prepared by Government of Nepal.
(2) Government of Nepal may rent or sell the right accrued to it pursuant to sub-section (1) to any person or organization or give authorization to use the
same in any other manner.

41. Calculation of year: In calculating a year pursuant to this Act, it shall be calculated from the New year as per Bikram Sambat that starts from the end of
the year on which the work was published or communicated publicly or sound recording was produced.

42. Powers to frame rules : Government of Nepal may frame necessary Rules in order to carry out the objectives of this Act.

43. Repeal and saving : (1) The Copyright Act, 2022 (1965) is hereby repealed.  (2) The remaining term of protection of the copyright of a work
published publicly prior to the commencement of this Act shall be deemed to have been protected pursuant to this Act.
(3) The acts and actions done and taken under the Copyright Act, 2022 (1965) shall be deemed to have been done and taken under this Act.