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Summary

Description
English: DECLARATION UNDER ARTICLE 370(3) OF THE CONSTITUTION by the President of India. (PDF Version)
Date
Source The Gazette of India
Author Government of India

Licensing

This file is a copyrighted work of the Government of India. However, the reproduction or publication of certain edicts of the Government of India are deemed not to be infringement of copyright according to the Indian Copyright Act, 1957 (as amended):

This work of the Government of India falls under Section 52(1)(q) of the Indian Copyright Act, 1957, which allows for the reproduction or publication of...

  • any matter which has been published in any Official Gazette except an Act of a Legislature;
  • any Act of a Legislature subject to the condition that such Act is reproduced or published together with any commentary thereon or any other original matter;
  • the report of any committee, commission, council, board or other like body appointed by the government if such report has been laid on the Table of the Legislature, unless the reproduction or publication of such report is prohibited by the government;
  • any judgement or order of a court, Tribunal or other judicial authority, unless the reproduction or publication of such judgement or order is prohibited by the court, the Tribunal or other judicial authority, as the case may be.

The decision of the Supreme Court of India in "Eastern Book Company & Ors vs D.B. Modak & Anr" on 12 December, 2007 interpreted this section of the Act as making the material public domain.


This work is also in the public domain in the U.S.A. because it is an edict of a government, local or foreign. See § 206.01 of the Compendium II: Copyright Office Practices. Such documents include "judicial opinions, administrative rulings, legislative enactments, public ordinances, and similar official legal documents."

52. Certain acts not to be infringement of copyright

(1) The following acts shall not constitute an infringement of copyright, namely,-
(q) the reproduction or publication of-
(i) any matter which has been published in any Official Gazette except an Act of a Legislature;
(ii) any Act of a Legislature subject to the condition that such Act is reproduced or published together with any commentary thereon or any other original matter;
(iii) the report of any committee, commission, council, board or other like body appointed by the government if such report has been laid on the Table of the Legislature, unless the reproduction or publication of such report is prohibited by the government;
(iv) any judgement or order of a court, Tribunal or other judicial authority, unless the reproduction or publication of such judgement or order is prohibited by the court, the Tribunal or other judicial authority, as the case may be;
(r) the production or publication of a translation in any Indian language of an Act of a Legislature and of any rules or orders made thereunder-
(i) if no translation of such Act or rules or orders in that language has previously been produced or published by the government; or
(ii) where a translation of such Act or rules or orders in that language has been produced or published by the government, if the translation is not available for sale to the public: PROVIDED that such translation contains a statement at a prominent place to the effect that the translation has not been authorised or accepted as authentic by the government;
(2) The provisions of sub-section (1) shall apply to the doing of any act in relation to the translation of a literary, dramatic or musical work or the adaptation of a literary, dramatic, musical or artistic work as they apply in relation to the work itself.

Re-users of this file who wish to adapt it to their own use are cautioned that many derivative works are prohibited.


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Public domain in U.S.
Public domain in U.S.
This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium of U.S. Copyright Office Practices, 3rd ed. 2014 (Compendium (Third)). Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials." These do not include works first published by the United Nations or any of its specialized agencies, or by the Organization of American States. See Compendium (Third) § 313.6(C)(2) and 17 U.S.C. § 104(b)(5).

A non-American governmental edict may still be copyrighted outside the U.S. Similarly, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.

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6 August 2019

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Date/TimeThumbnailDimensionsUserComment
current07:11, 27 December 2019Thumbnail for version as of 07:11, 27 December 20192,046 × 1,166 (555 KB)VaibhavafroBetter version
15:19, 25 December 2019Thumbnail for version as of 15:19, 25 December 2019599 × 330 (61 KB)ArjunuwsGazzete of India
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