14 of 1957.
. ' - .
THE COPYRIGHT (AMENDMENT) ACT, r983 . t .
No. 23 ol! 1983
t:·
[31st August, 1983.]
An Act to amer:d the Copyright Act, I9S7·
·BE it enacted by Parliament in the Thirty-fourth Year of the Republic of India as follows:-
. .
1: (1) This. Act may be called the Copyrigh.t (Amendment) Act, Short 1983. title atid
tom~ . (2) It shall come' into force on such date1 a~ the Central Government. mence-
rnay, by no\ification in the Offlcial Gazette, appoint. · ./. ment.
.2~ Throughout the. Copyright Act1 1957 (hereinafter J;eferred to as tlile priiwipal Act), unless otherwise expres~ly provided, for the word *'radio- , diffusion", wherever it occurs; . the word "broadc-ast" shall be substituted;
3. In section 2 of theprincipal Act,~ ... . . . . . (a) after clause. (d), the following
. namely:
' clause shall be ins~rted,
S:ubstitu-· tion ot expres. ' , . sion "tadl9- · diffusion"
by e:lq)res• sion "broad- cast".·
Amend··· ment of
'(dd) "broadcast" means communication to the public- ···section 2..
,)_
W by any means of wireless diffusion, whether in any . oneor more of the forms of signs, sounds or visual images;Or
(ii) by wire,
· .and includes a re-broadcast;'; .
(b) after clause' (f}, the · following na~elyt-
.c~ause shali me inserted,
' (ff) "communication to the pul;>lic" mea!n:;J communication · to the public in whatever manner, including coinmunicatien. through satellite;';
(c) for Clause ·(l), the following clause shall. be substituted, namcly:~ · ·
. '(I) . "Indian work" means a literary, dramatic or musical work,-
(i) the author of which is a citi:z;em of India; Cir.
(ii) whiCh is first p;ublished in India; or . .
(iii) the author of which: in the case of 'an unpublishecl work, is,. at the tim.€ r,f the making of the· work, a. eitizen
. of. India;'; (d)_.clause (v) shall be omitted.
~H)
Amenu- ment of sectiol}. 3,
Amend- ment: of section 6,
Amend ment of section i2
An;).end- -ment ot section 15.
- Anierid· · ment ot · section 17..
•
. 220 Copyright (Amendment). . [ACT,23
4. In section 3 of the principal Act, in clause- (a), for the words ''work to 'the public in ·sufficient quantities", the w0rds "work, either in whole or in part, . to the public in. a manner sufficient to satisfy tlie :reasonable requirements of the public having regard to the nature of the Work'' shall be substituted.
5. In section 6 of the principal Act, for clause (a), the following · clavse shall be substituted, namely:-'--
u (a) whether for the purposes of section 3, copies of any,- . . .
{i) literary, dramatic, musical or artistic work are issued to the public in a manner sufficient to satisfy 'the reasonable require- ments of the public; or
(i,i) .recordc: are issi.Ic>cl to _the public in sufficient quantities; or••.
· 6. In -section 12 of the princip ·1 Act, in sub-section (7), for the. words and figures "sections 480_ and 482 of· the Code of- Criminal Procedure, 1898", the v.;ords and figures "section 345 and 346 of the Code of Criminal 'ProPedure, 1973" shall be substituted.
7. In section 15 of the ·principa\ Act, the words ..'Indi1:m Patents and". ~t both the places where they occur, shall, be omitted.
8. In section 17 of the prindpal Act,~
(a) after clause (c), the following· clause ~hall be inserted, namely:~
"(cc) in the case of any address or sn~ech delivered in public, the person who has delivered ·such address or spe~ch or if such person has delivered such address or speech on behalf of aryy other person, such other .perso11 shall be the first owner Of the copyright therein nofwithstanding that the person who. ·delivers smch address or speech, 'or,· as the case may be, the person on whose behalf such address or. speech is delivered, is employed' by any other person who arranges such address or speech or on whose behalf or premises such address or speech is delivered;";
{b) after clause (d), (he fo}]owing clause and Explanation. shall be inserted, namely:-
' (dd) in the case of a work made or first published by or under the direction or contrpl of ariy public undertaking, such public undertaking shall, in the absence of any agreement to the' contrary; be the first 'owner of the copyright therein.
Explanation.~-For. the purposes of thia cla'Use and section 28A, ''public undertaking" means_..:, .
(i). an underta_king owned or eonttolled by Government; or
(ii) a Government Company as defined in section 617. of the Companies Act, 1S56; or ·
(i'ii) a body corporate established by or under any Cen- · tral, Provincial or· Stat~ Act!.
5 of 1898.
2of1974.
1 ()~ .1956.
·oF 1983]. ·Copyright (Amendment) 22!
9. SeCtion 19·of the principal Act shall be re-numbered' as sub- . Amend- . , Gection (1) thereof and after . sub-section (1) as so re-numbered, the mentor
·. following sub-section: shall be inserted, namely:- section 19.
"(2) The assignment of the aopyright in any work shalJ, among other things, indicate clearly th~ rights proposed to be assigned and the size of· the work."."
10. After section 19 of the principal Act, the following section shall. Inser- . ~e inserJed, namely: tion of .
new section 19A.
''19A. Where any dispute arises with respect to the assignment Disputes of, or any of the terms of the assignment of, an.x copyright, the yvith res-
. Copyright Board may, on receipt of a complaint from any of the pect to assign:.· parties to the dispute and after. holdlng such inquiry as it may deem
.ment 'or·· necessa·ry, pass such orders as it may deem fit, including orders by " copyright. way of giving permission to the owner of the copyright to revoke its assignment if tne terms of the assignment are harsh to. him or if the publisher unduly delays the publica~iori of the work or by way o:f i)3SUe of a certificate for the recovery of any royalty due to the owner.".
11. After section 28 of the principal Act, the following section shall be insert.ed, name~y:-
Insertion ·of riew
, sectiot1 2M.
Term ot copy-
. right in
'~28A. In tM case of a work; where a puhlk undertaking is the' first own~r of the copyright therein, copyright shall subsist until fifty years from the beginning of the calendar year next following the year in whieh.the work is first published.'•. .works of
. public lll!Qertak" ings,
12. After section ~1 of the prinCipal Act, the following section shall be. in~;etted, namely:-"-
"31A (1) Where, in the case of an Indian work referred to in sub-clause (iii) of. clause (l) .of section 2, the author is dead or un- known or cannot be traced, or the owner of the copyright in such work cqnnot be found, any person may apply to the Copyright Board for a licence to p·ublish such work or a trans~ation thereo'f in. any
_languag·e. ·
(;;). Before making an. applic;;ttion under sub7section. (i}, the applicant shall ·publish his proposal in one issue· of a daily news- paper in the English lafiguage !:l'aving circulation in the major part· -oi tP,e country and where the application is jor the· publication of a translation in any language, also in one issue of any daily newspaper in that language. ·
(3) ·Every such ap_plication shall he made in such form·, as may be prescribed and shall be accompanied With. a copy of the adver~. tisetnent issued under sub-section (2) and such fee as may. be. pres-·
· cribed.
Insertion of new
. section· .31A.
Compul- sory licence in unpub- Lished Indian works.
Amend-. meilt of section 32..
Copyright (Amendment)' [ACT 23
· (4) 'Where an application is made to the Copyright Board '1.1-n<:ler this section, it may, after holding such inquiry as may be prescribed, direct the Registrar of Copyrights to grant to the applicant a licence to publish the work or a trans~atlcin thereof in the language men- tioned in the application ·subject to the payment ~of such royalty and subject to such other terms and conditions as the Copyright Board may determine, and thereupon the Registrar of Copydghts . shall grant the licenee to theapplicant in accorqance with the direc- ·tim~ of the Copyright Board..
· (5) Where a licence is granted under 'this section, the Registrar~' · of Copyrights may, by order, direct the applicant to deposit· the . amount· Df the royalty determined by the Copyright Board in the public account of India or in any other account specified by the C0pyright Bq.ard so as to enable the owner. of the copyright or, as the case may be, his heirs, executors or the legal representatives to
. claim such royalty at any time.
(6) Witho'Ut prejudice to the foregoing provisions of this section, in the case of a work referred to in sub-section (1), if the original author is dead, the Central Government may, if it considers that.the publication of the. work 'is desirable in the national interest, require the heirs, executors or legal representatives of the author to publish such work within such period as may be specified by it. ·
(7) Where any work is not published within the period speci- ~fied by the Central Government under sub-section (6), the Copyright ·
·Board may, on an application inade by any person for permission to publish the work and after hearing the parties concerned, permit su,ch publlcation oh payment of such royalty as the Copyright Board llUlY1 in the circumstances ·of such case; determine in the prescribed
. tnanner."~
13. In section 32 of· the principal Act,--::'
(a) in sub~section (1), after the words '~in any .language", the words "after a period of· seven years from the first publication· of the wprk" shall be in~erted; ·
(b) aHer sub-section (1), the following sub-section shall be inserted, namely:- ·
"(lA) Notwithstanding anything contained in sub-section (1), any person may apply to the Copyright .Board for a licence to produce and pubUsh a translation, , in printed or ·analogous forms of reproduction, of a literary or dramatic work; other than an Indian work, in any language in generai use. in India after a period· of three. years from the first publication of such work, if such translation is required for the purposes of teaching, scholar- ship or r~search:
Provided that where such translation is in· a language not in. general use in any developed country, S'Uch application may be made ·after a period of one year from such publication.'';
, (c) in sub-section (2), for the words "such. applica.tion", the ·.· words "application under this section" shall be substituted;
(d) in sub-section (4),-:-
(i) in the opening paragraph, fo.t.• the purlion beginning with the words "the application, on condition that the applicant" and. '
. OF· 1983] Copy?'ight · (Amendment) . 223
ending with the words ''in the prescribed manner:", tlie follow- ing shall be substituted, narnely:-
"the appli'cation--
. (i) subject to the condition that the -applicant shall pay to the owner of the copyright i:q. the work royalties in respect of copies of the translation. of the work sold to the public, calculated at such rate as the Copyright :aoard may, in the circumstances of each case, determine
· in the prescribed manner; and ·
(ii) where such licence is granted <:>n an application under sub~section (lA), 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: ·
P:wvided that 'nothing in clause (ii) shall apply to the export by Government or any.· a'Uthority .under the Gov-
. ~rnm~nt of copies of such translation in a :language other than English, French or Spanish to any countr,x if-:-
. .(1) such copies are sent to citizens of India resid- ing outside. India or to· any association .of such citizens· outside India; or ·
. (2) such copies are meant to be used for purposes · of teaching, scholarship or research and not for any commercial purpose; and
(3). in. either 'case, the permiSSIOn for SUCh export has been given by. the· Government of that country:";
~ (ii) in the proviso,-
(1) for the words "Provided that no such licence", the words ~'Provided further that no licence under this section" shall be s•ubstituted; · . .
(2) in clause. (a), for the words "within seven years of the first publication of the .. work", the words "within seven years or. three years or one year, as the case may be, of the first pubJication c of the work" shall b~ substituted;
· {3) in clause· (b), for the words "he was unable to Hnd", the words ''he was, after due diligence on. his part, unable
. to find'' shall be substituted;
(4) in clause (c),-
(A) for the words ~<such autho'risalion to the publi'sher · whose name appears tram the. work", the words, br;l.ckets and figure ''S'Uch authorisation by regis- tered air. mail post to the publisher whose name appears from the work, and 1n the case of an, applicatio~ for a
· li~~nce under sub-section (1) '' · 'shan· be. substituted;
(B) for the words "the applicatr<:m -for. the Ii.cence", the words "such application" shall be :substituted.
17 Law~3o . . . . . . . . '
22~ Copyright (Amendment) · [AC~ 23
(5) after clause (c), the following clauses shall ·be inserted, namely:-
" (cc) a period · of ·six ~onths in the case of an application under sub-section (JA) . (not being an appli.;. c:;ation uncier 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 ih the language men- tioned in the application has 'not been· published by the owner of the copyright in the ·work or any person
. authorised by 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 (IA),-
(i) the name of the author and the title of the particular edition of the · ~ork proposed ·to be translated are printed on all t.he copies . of the
.translation; . . .
(ii) if the work is composed mainly of illus- trations, the proVisions . of section 32A . are also
. complied with;";.
(e) after sub-section (4), the following sub-sections arid . Explanation shall be inserted, namely:-
' (5) Any broadcasting authoi'ity may apply to the Copyright .Board .for a licence to prod~ and publish the translation of"'-
(a) a work referred to in suq-section (JA) and pub- lished in printed or analogous forms of reproduction; c:>r ·
(b) any text incorporated in audio-visual fixations prepared· and published solely for the purpose qf systematic· instructiOJ1al. activities, · . ·
for broadcasting such translation for the p'Urposes of teaching or for the dissemination of the results of spechilised, techrtical or scientific research to the experts in any particular field. · ·. ·r~~ . . . . . .
(6) .The provisions of sub-sections (2) to · (4') in .so far as .they are relatable to an application under sub-section (JA), shall, with ·.the necessary modifications, apply to the grant of a licence under sub-section (5) and such licence shall not also be granted unless- ' ..
(a) the translation is made from a · wd'rk lawfully acquired;
(b) the broadcast is made through the medium. of sound and visual r~cm·dings;
.· (C) such recording has been lawfully· and exclusively ma'de .for the purpose of broadcasting in India by the appli- .cant or by ·.any other broadcasting agency; and .·
(d) the translation· ·arid the broadcasting of such trans- lation are not u:sed for .any commercial purposes.
.OF 1983] · Copyright (Amendment) . 225
Explanation.-For the purposes 6f this section,_:_
(a) "developed country'~ me,ans a country which is not a developing country;
(b) "developing. country'~ means a. country which. is for the time being regarded as such in conformity , with the praetice of the General Assembly of the United Nations;
: . (c) "purposes of research'' does not include purposes ,of industrial research, or putposes of researcp by bodies ,corpo:- rate (not being bodies cqrporate owned or controlled by Government) or other .ass_ociations or body ·of persons for - commercial purposes; (d) "purposes of teaching, research or scholarship" includes~.
(i) purposes of instructional activity at all levels in ed"ucationaf institutions, including · Schools, Colileges, Uni• versities and tutorial institutions; and .
. (ii) purpose;s of all other types of organised educational activity/.
14. In Chapter VI of the principal Act, after section 32, the folloWing sections ~hall be inserted, ·namely:- ·
'32A. (1) W}lere, after the expi~ation of frcimth!'! date of the first publication of an scientific. or artistic work,~
. ' ··' .
the relevant perioc] edition of a literar~,
(a) the copies of such edition are not inade available in India; or
(b) such copies have not bee~ put on sale, in India 'for a. period of six months,
to the general pubUc, or in. connectior). with systematic instructional· •a~tivities at a price reasonably rE:!l<Hed to that normally charged in India for comparable works by the owner of the right of reproduc" tion, ·or by any· person authorised by him in this behalf, any . person ,m::)y apply to the Copyright Boar~ for a licence to reproduce arid publishsuch work in printed. or analogous forms of,reproduction at
. the, "price at whJch such. edition is. s~ld or at a lower price for the. purposes of systematic instructional activities.
(.:!) Every such application shall be made in such form as may be prescribed and shall state the proposed retail price of a copy . of the work to be reprod.uced. ·
.· (3) Every applicant for a licence under this section shall, alm1g with his application, deposit with the .Registrar bf Copyrights such fee· as may be prescribed. · • · ·
Inser- tion of
·new sec_ .· tions32A
and32B.
Licence . to repro. ' duce· and publish works ·for
certain purposes,.
(4) Where an application is made to the Copyright Board under this section, it may, after holding such inquiry as may be prescribed, grant to the. applic~nt a licence, . not being an exclusive licence, to
. producE! and ;publish a reproduction of the work mentioned in the · application subject to the conditions that,- . . . .
. (i) the' ap~licantshalJ pay to the owner of the copyright · · , ..· in the work royalties in respect of co~ies of the reproduction of
. Copyright (Amend'ikient)
the work sold to the public, calculated at such rate as the Copy- . tight Board may, in the circumstances of each case, · determine ·in the prescribed manner; ' ·
(ii) a licence_ granted under this section shall pot extend to the export {)f copies of the reproduction of . the work outside. India and every copy · of such r~production shall contain a notice that the coPy h; available_ for distribution ~nly in. Tndi~:
Provided that- no such licence·shall be granted unless---
(a) the applicant has proved. to the satisfaction of the Copy- . right Board that he had reques-ted and had been denied authorisa- · · tion by the owner of the copyright in the work to reproduce and publish such work or that he was, afcer due diligence on his pan, .unable to find such owner; -
· (-b) where the applicant was unable to find th!'! 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 ap- .· pears from the work n{):t less than three months before the applicatioJ1 for the licence;
(c) the .Copyright Board is satisfied that the appUcant · is . competent to reproduce ·and publishari ac,curate reproduction of .
• the· work and possesses the means to pay to the oWner of the copyright the royalties payable to him under this section; .
(d) the applicant ~ndertakes to reproduce and publish the , · work at such priee as n1ay .be fixed by the Copyright Board, being a price. reasonably related to- the price normally charged in India
:for works of the same standard on the same or similar subjects;
(e) aperiod of siX months in the Cage of an application fol' . the reproduction and publication of any work of natural science,
· physical science, mathematics or_ technology, or a period of three months in t!le case ·of an application for the reproduction and publication of any other work, has elapsed ,from the ct~te ol making the request under clause (a)' or where a copy of the
request has been sent under clause (b), from the date Of. sending o( a copy, and a reproduction of th~ work has not been published-· by the· owner -of the copyright in the work or any person autho- rised by hi.m within the said period of six months or, thre.e months, as the case may be;·
(f) the name of the author and the· title of the particular edition of the work proposed to be :reproduced ar~ printed on all the copies of the reproduction; _
(g) ·the author has not wit,hdrawn from circulation copies of the work; and - -·
(h) an opportunity df being heard is given; wherever practi-' cable, to the owner of the copyright in the work.
t-5). No _licence to .reproduce and, .pub1ish the translation of a :work shah be. granted -under· this section unless ·such translatlon has been pub- lished by the oWner of the right of translation or any person authoriS-ed by him and the translation is no( in a language in general use in India.
·( 6) Th~ provisions of this section shall also apply to the reproduction .and publication, or translation into a language in general U&e in India,- of any text incorporated in audio~visual fi.x_ations prepared and published solely ·for. the purpose of systematic_ instructional activities. · ·
. ,.
OF 19.831 227
Explanation.-For the purposes of this section, "relevant period", in ' relation to any work, me'ElJls a period of-
(a) seven 'years fr.om the date of the first publication_of that work, where. the application is for the reproduction imd publication of any work o<f, or relating. to; fiction, poetry, tirama, music ot art;
(b) three years from the date. of the first publication of that work, where the .application is for the reproduction and publicati@n of ·any work of, or relating to, natural s~ience, physical science, mathematic~ 01·· technology; and ·
(c) five years from 1he date of the first publication of ·that work, in any other case·.
32B. (1) If, at any time after the granting of a licence to produce and publish the translation o'f a work in any language under sup-section
.(lA) of section 32 (hereafter in this sub-:section referred to as: the licens~df wcirk), th~ ·owner of the copyright in the work or any person authorised by him publishes a translation of such work in the same language and which is substantially· the same .in content at· a price reasonably related to the price normally charged in India for the translation of works .of the same standard on the same of' similar subject, the licence' so gr~nted ·shall be terminated;
r . . . Provided that no such termination shall take effect until after· the expiry
. o~ a period of three months from the date· of service of a notice in the pres- . cribed manner on the person holding such licence by the' owner of the right of translation intimating the publication of the translation as aforesaid:
.Provided furthe'r that copies of the licensed Work produced and pub-· lished by the person holding such licence before the termination. of the licence takes effect may continue to be sold or distributed until.thc .copies alteady produced and published are exhausted.
(2) If, at any time ·after the granting of a licence to produce and pub- lish the reproduction or translation· of any work und.er st:Ction 32A, the owner of the right of reproduction or any person authorised by him ·sells or distributes copies of such work or a translation thereof, as the case may be, in the same language and which is substantially the same. in content at· a price reasonably related to. the price .normally charged in India for works ·of the. same standard on the same or similar subject,· the lic,ence so granted Rhall· be terminated:
"* Provided that no such termitiation shall take effectuntil aftct;'the expiry .of a period of three months 'from tpe date of service of a notice in. the pres- cribed manner on the person holding the licence by· the owner of the right of reproduction intimating the sale;or distribution o(the copies ofthe editions of work as aforcs~id:
Provided further that any copies already reproduced b.y the licensee before such tel'<tnination ·takes effect may continue to be sold or distributed!
· .until thq_ copies already produced are ~xhausted.'.
15. In sub-sectiop. (I) of section 37 of the principal Act, the words "by x:adio-diffusion" shall be omitted;· •
~6. h1 scctiou 45 (Jf the principal Act, to sub-section (I), .the following .proviso .shall bp add~d, .namely:-
"Provided that in respect ofan artistic work which is used'or ls capable of being used in relation to any goods, the application shall include a state-
Te.nnina. tion of lic-ences issued under this. Chapter.
Amend- ment of section 37.
Amend. ment of section 4.5.
Insertion of new section · 50A.
Entries in the Regi~ter . · of Copy-· rights, etc., to bo publi- shed.
Amend~ · ment of ~ectiori · ~2. .
Amend.. ment of section 53.
·Amend· ment of section 59;
Amend- ment of section 60~,•.
Amend- mertt of.· section
70.
Amend- ment of section 78.
"·"'..
Cppyright .(Amendment) [ACT ·23 OF .1983J
ment to that effect and shall be accompanied by a certificate from th6 Registrar of Trade Marl<i:s referred to in section 4 of the Trade and Mer~ chandise Marks Act, 1958, to the effect that n~ trade mark identical 43 o.f 1953; with or deceptively similar to such artistic work has been registered under that Act in the name of, or that no application has been made · under that Act . for such r~gi&tration by, any person· other than the applicanV'.
•7· In Chapter X of the principal Act, after section 50, the following· section shall be inserted, namely:~
. "50A. Every entry made. in the Register of Copyrights or the particu- lars of any Work entered under section 45, the correction of every entry .made in such register under section 49, and every reCtification ordered under section 50, shall be-published by the Registrar of Copyrights in the Official Gazette or in such other manner as he may deemfit.".
r8. In sub-section (z) of section 52 of the principal Act, in claus~ (b), the following. Explanation shall be inserted at *e end, name1y:-
"Expla1J.ation,_;_The publication of a compiJation of addresses or speeches delivered in public is not a fair dealing· of such .work within the.
·. meaning of this clause/'... . . rg~ In sub-seetion (3) ·of section 53.of the principal Act, for the word~
and figures "under seCtion 19 of the. Sea Customs Act, 1878", i:)le words and figures ''under section 11 of the Custorosl Act;, l9'62;" ~hall. ?~e subsifiltured. ·
. .
:zo. In section 59 of the principal Act, in sub-section '(.t), for the words ·and
8-of 1878.
51 of 1962.
figures "the Specific Relief Act, 1877";: the words and figures ''the Specific Relief · 1 of 1817. Act, 1963" shall ·be substituted. 47 of 1963.
. ~:t;. In section 60 oftheprinci.pal Act, for the, words and figures ''in section . 42 pfthe Speci;fic ReliefAct, 1871", the \vords ar;d figures "In section 34 of lofl877. [ the Specific Relief Att, 1963" shall be,substituted. A7 of 19~3.
· ·:z:z. In section 70 of the principal Act, for the. words "a presidency magis~~ ,Jrate .or a magistrate -of the first class;', the words "a Metropolitan Magistrate or aJudicial Magistrate of the fir.st class'' shall be substituted.
. . - 23. In section 78 of the principal Act, for sub-section (3), the foHowing
slab-section shall be substituted, .namely:~ ...
.. . "(3) Every rule. made under this section shall be laid, as soon as may .• . be after it is made, bef~re eacl1: House ofParliament, while it is in session,
for a total period of thirty days which· may be comprised in one session or .r in two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, -both Houses agree in making any modification in the rule or·,,both .f{ouses agree that the. nile should not be made, the rule shall thereafter. have effeet only
· in such modifi~d form or be of no .effect, as the case may be; s.o,. however, · lh.at any· such modification or annull!lent shall·be without prejudice· io the validit)' of anything previously done under that rule~"·