Section 32(4)(ii) in The Copyright Act, 1957

Central Government Act

(ii) where such licence is granted on an application under sub- section (1A), subject also to the condition that the licence shall not extend to the export of copies of the translation of the work outside India and every copy of such translation shall contain a notice in the language of such translation that the copy is available for distribution only in India: Provided that nothing. in. clause (ii) shall apply to the export by Government or any authority under the Government of copies of such translation in a language other than English, French or Spanish to any country if-

(1) such copies are sent to citizens of India residing outside India or to any association- of such citizens out- side India; or

(2) such copies are meant to be used for purposes of teaching, scholarship or research and' not for any commercial' purposes; and

(3) in either case, the permission for such export has been given by the Government of that country Provided further that no licence under this section shall be granted, unless--

(a) a translation of the work in the language mentioned in the application has not been published by the owner of the copyright in the work or any person authorised by him, within seven years or three years or one year, as the case may be, of the first publication of the work, if a translation has been so published, it has been out of print;

(b) the applicant has proved to the satisfaction of the Copyright Board that he had requested and had been denied authorisation by the owner of the copyright to produce and publish such translation, or that he was, after due diligence on his part, unable to find the owner of the copyright;

(c) where the applicant was unable to find the owner of the copyright, he had sent a copy of his request for such authorisation by registered air mail post to the publisher whose name appears from the work, and in the case of an application for a licence under sub- section (1), not less than two months before such application.

(cc) a period of six months in the case of an application under sub- section (1A) (not being an application under the proviso thereto), or nine months in the case of an application under the proviso to that sub- section, has elapsed from the date of making the request under clause (b) of this proviso, or where a copy of the request has been sent under clause (c) of this proviso, from the date of sending of such copy, and the translation of the work in the language mentioned in the application has not been publiched by the owner of the copyright in the work or any person authorisedby him within the said period of six months or nine months, as the case may be;

(ccc) in the case of any application made under sub- section (1A),--