Rule 93 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.
Rule 93 sets the formal requirements for every affidavit filed at the Geographical Indications Registry or furnished to the Registrar. It covers how the affidavit is headed and drafted, who may take it in India and abroad, how the taker authenticates it, and the stamp.
An affidavit is headed with the matter, written in the first person, in consecutively numbered paragraphs each confined as far as practicable to one subject, and states the deponent's description and true place of abode. In India it is taken before a court or person with authority to receive evidence; abroad, before a diplomatic or consular officer, a notary public, or a judge or magistrate. It must be duly stamped. The rule has eight sub-rules; the fee entry for an affidavit in support of a statement of case is Nil.
Where affidavits are used
Affidavits appear throughout the Rules: the evidence stages in an opposition under rules 44 to 46, the optional affidavit of use before renewal under rule 60(6), and the evidence the Registrar may call for under rules 70 and 87. The Registrar's powers to take evidence are in the Act; our article on sections 60 to 62 of the GI Act explains them. A defective affidavit can delay a matter or weaken it, so the formalities matter.
Producer associations often get their first affidavits settled by a legal consultation adviser, because the same affidavit may later be read by the other side.
Rule 93(1): drafting
"The Affidavits required by the Act and the rules to be filed at the Geographical Indications Registry or furnished to the Registrar, unless otherwise provided in the Second Schedule, shall be headed in the matter or matters to which they relate, shall be drawn up in the first person, and shall be divided into paragraphs consecutively numbered, and each paragraph shall, as far as practicable, be confined to one subject. Every affidavit shall state the description and the true place of abode of the person making the same, shall bear the name and address of the person filing it and shall state on whose behalf it is filed."
A checklist from this sub-rule:
- Heading: the matter or matters it relates to (for example, the geographical indication number and class).
- Person: first person ("I say ...").
- Paragraphs: consecutively numbered, each on one subject, as far as practicable.
- Deponent: description and true place of abode.
- Filer: name and address of the person filing, and on whose behalf.
The words "unless otherwise provided in the Second Schedule" refer to the forms; some forms carry their own affidavit text. A person who files a form must check the form first.
Rule 93(2): joint affidavits
"Where two or more persons join in an affidavit, each of them shall depose separately to such facts which are within his personal knowledge and those facts shall be stated in separate paragraphs." For an association with several office-bearers, each deposes to his own knowledge, in his own paragraphs.
Rule 93(3): who may take the affidavit
| Place | Before whom |
|---|---|
| In India | Any court or person having by law authority to receive evidence, or any officer empowered by such a court to administer oaths or take affidavits |
| Outside India | A diplomatic or consular officer within the meaning of the Diplomatic and Consular Officers (Oaths and Fee) Act, 1948, of that country or place; or a notary public; or a judge or magistrate of that country or place |
Rule 93(4) and (5): the jurat and seal
The person taking the affidavit "shall state the date on which and the place where the same is taken and shall affix his seal, if any, or the seal of the Court to which he is attached, thereto and sign his name and description at the end thereof."
Under rule 93(5), an affidavit that bears the seal or signature of a person authorised by sub-rule (3) "may be admitted by the Registrar without proof of the genuineness of the seal or signature or of the official character of that person." The word is "may": admission without proof is a discretion, so a foreign affidavit should be properly sealed and signed.
Rule 93(6): alterations
"Alterations and interlineations shall, before an affidavit is sworn or affirmed, be authenticated by the initials of the person before whom the affidavit is taken." An unauthenticated correction written in after swearing is a defect.
Rule 93(7): illiterate, blind or unfamiliar with the language
"Where the deponent is illiterate, blind or unacquainted with the language in which the affidavit is written, a certificate by the person taking the affidavit that the affidavit was read, translated or explained in his presence to the deponent, that the deponent seemed perfectly to understand it and that the deponent made his signature or mark in his presence, shall appear in the jurat."
This matters in the GI field, where many weavers, farmers and artisans are the deponents. If the affidavit is in English and the deponent speaks another language, the jurat must carry the certificate of reading, translating or explaining, and of the deponent's signature or mark. The rule on translation of documents in other languages (rule 49) is separate and requires an attested translation in English or Hindi in duplicate of a document in another language referred to in the proceedings.
Rule 93(8): stamping
"Every affidavit filed before the Registrar in connection with any of the proceedings under the Act or the rules shall be duly stamped under the law for the time being in force." The Rules do not give an amount; stamp law outside the Rules governs. For costs, rule 90 provides that stamps used on and affixed to affidavits follow the event; see our article on rules 89 to 91.
Fee
Entry 7B of the First Schedule as substituted in November 2025, "affidavit in support of statement of case or other documents required under the Act or rules", Form GI-7, is Nil. So no filing fee is charged for the affidavit as such, though stamping under rule 93(8) is separate.
An example
Chandrapur Mahua Collectors' Society must file an affidavit in an opposition. Its president, Mrs. Anwari, can read only her mother tongue. The affidavit is drafted in English, in numbered paragraphs, headed with the geographical indication number and class. It states her description and true place of abode, the Society's name and address as filer and that it is filed on behalf of the Society. Before the oath commissioner, it is read and explained to her; the jurat records that she understood it and made her mark in his presence. An interlineation is initialled by the commissioner before swearing. The affidavit is on stamp paper as required by the stamp law in force.
Points the rule does not cover
- It does not set an amount for the stamp.
- It does not say who is an authorised person in a given state beyond the general words in sub-rule (3)(a).
- It does not say what happens if an affidavit is not stamped; the text is silent on the consequence.
Amendments made after November 2025 should be checked before acting.
Need help with affidavits?
A badly drawn affidavit can undo good evidence. Our legal consultation team can draft affidavits in the form rule 93 requires and arrange for proper swearing and stamping.
Key takeaways
- Heading, first person, numbered paragraphs and one subject per paragraph.
- State the deponent's description and true place of abode, and the filer's name and address.
- Joint deponents each depose separately to their own knowledge.
- In India, before a court or authorised person; abroad, before a diplomatic or consular officer, notary public, or judge or magistrate.
- Authenticate alterations and interlineations before swearing.
- Certificate in the jurat for illiterate, blind or unacquainted deponents; duly stamped under the law in force.
Read next
- Rules 94 to 97: inspection, certified copies and certificate for registration abroad
- Rule 92: review of the Registrar's decision
- Rule 60: renewal of registration
- Sections 60 to 62 of the GI Act: powers of Registrar and evidence
Disclaimer: Based on the Geographical Indications of Goods (Registration and Protection) Rules, 2002 as notified on 8 March 2002 and as amended by the Amendment Rules of 2020 (G.S.R. 528(E)) and 2025 (G.S.R. 812(E)), as consulted on 2 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.