Rules 35 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 35, 36 and 37 close Chapter IX on licences for translations under section 32 of the Copyright Act, 1957. They tell you what is weighed in fixing the royalty a translation licensee pays, when the licence period can be extended, and when the licence can be cancelled. Together with rules 32 to 34, they cover a translation licence from application to end.
The royalty is determined with three inputs: the proposed retail price of a copy of the translation, the prevailing standards of royalties for translations, and other relevant matters. The licence period can be extended on the licensee's application, after notice to the owner where practicable, if sufficient reasons prevented the work being produced and published in time. It can be cancelled after a hearing for missing the time, fraud or misrepresentation, or breach of terms. The rules refer to the Board, abolished at Act level in 2021.
The Board caution
Rules 35, 36 and 37 give each step to "the Board". That is the text as notified in 2013. The Tribunals Reforms Act, 2021 abolished the Board at Act level and moved its role under section 32 to the Commercial Court (see the Appellate Board provisions after 2021). These Rules have not been checked here for a matching amendment. This article explains what the rules require; it does not present procedure before the Board as current. For the Act text see section 32. If a translation licence is granted against you or by you, our copyright objection reply team can advise on royalty, extension or cancellation.
Rule 35: manner of determining royalties
"The Board shall determine the royalties payable to the owner of the copyright under sub-section (4) of section 32." While doing so the Board takes into consideration:
- the proposed retail price of a copy of the translation of the work;
- the prevailing standards of royalties with regard to translation of works; and
- such other matters as may be considered relevant.
The rule prints no rate. The text does not say how the "prevailing standards" are established, and gives no weight to any one factor. Rule 34(5) separately requires every licence to state the rate at which royalties on copies sold to the public are paid and who receives them, so the rate appears in the licence itself.
How the factor lists compare
| Chapter | Rule | Factors named |
|---|---|---|
| IV (section 31) | 8 | Retail price or performance rate; prevailing royalty standards; other matters (broadcast: time slot, class of works, standards, other matters) |
| V (section 31A) | 12 | Prevailing standards; other matters |
| VI (section 31B) | 19 | Proposed price to disabled persons; prevailing standards; cost of making accessible formats; other matters |
| IX (section 32) | 35 | Proposed retail price of the translation; prevailing standards for translations; other matters |
The translation rule is the plainest of these: price and standards, with a catch-all.
Rule 36: extension of the licence period
The Board "may, on the application of the licensee and after notice to the owner of the copyright, wherever practicable, if it is satisfied that the licensee was for sufficient reasons unable to produce and publish the translation within the period specified in the licence, extend such period."
Elements to note:
- Only the licensee can apply.
- The owner gets notice, wherever practicable.
- The test is "sufficient reasons"; the text lists none.
- The rule sets no maximum for the extension and no limit on the number of extensions.
- Compare rule 13 (section 31A), which does not require notice to the owner, with rules 9, 20, 36 and 41, which do.
A licensee who sees a delay coming should apply before the period runs out. The text does not say whether an application made after expiry can succeed; it speaks of being "unable to produce and publish ... within the period specified". For where the licence period is fixed, see rules 32 to 34.
Rule 37: cancellation of the licence
After giving the licensee an opportunity of being heard, the Board "may" cancel the licence on any of these grounds:
| Ground | Text |
|---|---|
| (a) | The licensee failed to produce and publish the translation within the time specified in the licence or within the time extended on application |
| (b) | The licence was obtained by fraud or misrepresentation as to any essential fact |
| (c) | The licensee contravened any of the terms and conditions of the licence |
The word "may" gives a discretion; the text does not say cancellation follows automatically on proof of a ground. The grounds are joined by "and" after (b), which is a drafting slip: the sense is "or", since any one ground is enough ("on any of the following grounds").
Cancellation by the authority under rule 37 is different from the owner's termination notice for a licence under section 32B, which uses Form IV and rule 43; see section 32B on termination of licences.
A worked example
Kiran Publishers holds a licence to publish a Gujarati translation of an English textbook. The licence specifies twelve months, a royalty rate on copies sold, and the owner as payee. In month ten, a printers' strike delays the print run. Kiran applies for an extension before the twelve months end, giving the strike as the reason, and the owner is given notice. If Kiran does nothing and the period lapses without publication, rule 37(a) allows cancellation after Kiran is heard. If it later turned out that Kiran had stated a false translator's name to win the licence, rule 37(b) would apply.
Who does what
| Person | Role |
|---|---|
| Licensee | Applies for extension; produces and publishes in time; pays royalty |
| Owner | Receives notice of the extension application; receives royalty |
| Board (as notified) | Determines royalty, extends, cancels after hearing |
What the rules do not say
- No percentage or amount of royalty.
- No definition of "sufficient reasons".
- No time within which an extension or cancellation is to be decided.
- Whether the owner is heard on a cancellation; rule 37 names only the licensee's hearing.
- The Second Schedule prints no separate fee for an extension or a cancellation.
Need help with a translation licence royalty or deadline?
If you are the licensee facing a deadline, or the owner chasing royalty, the dates and the licence terms decide the position. Our copyright objection reply team can read the licence and the rules together and advise on the next step.
Key takeaways
- Rule 35 lists three royalty inputs for translation licences: proposed retail price, prevailing standards and other relevant matters; no rate is printed.
- Rule 36 allows extension on the licensee's application for sufficient reasons, after notice to the owner where practicable.
- Rule 37 allows cancellation after a hearing on three grounds: delay, fraud or misrepresentation, and breach of terms.
- Owner termination under section 32B is separate and uses Form IV.
- The Board is abolished at Act level; check later amendments.
Read next
- Rules 32–34: translation licence application, notice and consideration
- Rules 38–39: licence for publication, translation and reproduction
- Compulsory licence under section 31
Disclaimer: Based on the Copyright Rules, 2013 as notified (with the 2016 amendment), read with the Tribunals Reforms Act, 2021, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.