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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Copyright

Ms. Iyer appeals against a copyright society's tariff scheme. Fees of Rs 50,000 have fallen due before her appeal. Which statement follows from the proviso to the tariff scheme provision?

She must pay the Rs 50,000 already due and keep paying fees until the appeal is decided. The proviso bars any order staying collection of the fee during the appeal, so filing an appeal does not suspend her payment obligation to the society.

  1. AShe must pay the fallen-due fee and continue paying until the appeal is decidedCorrect
  2. BShe may withhold payment because the Board will stay collection on appeal
  3. CShe must pay only after the appeal is decided
  4. DShe need not pay anything if the appeal alleges anomaly

Explanation

The first proviso to section 33A requires the aggrieved person to pay fees that have fallen due before appealing and to continue paying until decision. It also bars the Board from staying collection pending disposal. Hence withholding is wrong.

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