Sections 60 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.
Sections 60 to 62 describe how proceedings before the Registrar of Geographical Indications are run. Section 60 gives the Registrar the powers of a civil court for evidence, costs and review. Section 61 requires him to offer a hearing before he uses a discretionary power against an applicant. Section 62 makes affidavit the normal way of giving evidence. If you are an applicant, opponent or authorised user before the Registry, our GI registration service can help you prepare for these steps.
Section 60: in all proceedings before the Registrar, he has the powers of a civil court (receiving evidence, oaths, summoning witnesses, discovery and production of documents, commissions), may make orders as to costs executable as a civil court decree, and may review his own decision on application in the prescribed manner. Section 61: he may not exercise a discretionary power adversely to the applicant without giving an opportunity of being heard, if the person asks within the prescribed time, subject to section 64. Section 62: evidence is by affidavit, but the Registrar may take oral evidence in addition or instead.
Status after the amending Acts
Sections 60, 61 and 62 are not on the Tribunals Reforms Act, 2021 list and are not changed by the Jan Vishwas (Amendment of Provisions) Act, 2023. The printed text is current.
Section 60: powers of the Registrar
"In all proceedings under this Act before the Registrar" he has the following powers.
| Clause | Power | Details |
|---|---|---|
| (a) | All the powers of a civil court | For receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses |
| (b) | Costs | May, subject to any rules made under section 87, make such orders as to costs as he considers reasonable; any such order is executable as a decree of a civil court |
| (c) | Review | May, on an application made in the prescribed manner, review his own decision |
How each power works
- Civil court powers. These are given for specific purposes only: receiving evidence, oaths, witnesses, discovery and production of documents and commissions. The text does not give him every power of a civil court for every purpose.
- Costs. The test is what the Registrar "considers reasonable". The order can be enforced like a civil court decree, so an unpaid costs order is not a mere request. The costs power is "subject to any rules made in this behalf under section 87", and the text does not say what those rules provide.
- Review. The Registrar may review his own decision only "on an application made in the prescribed manner". Section 87(2)(p) lets the rules prescribe the manner. The period within which to apply, and the grounds, are not stated in the text we read, so we state none.
Proceedings before the Registrar cover applications, oppositions and rectification applications, which are explained in this series in the articles on opposition under section 14 and on rectification under section 27.
Section 61: discretionary power and the right to be heard
"Subject to the provisions of section 64, the Registrar shall not exercise any discretionary or other power vested in him by this Act or the rules made thereunder adversely to a person applying for the exercise of that power without (if so required by that person within the prescribed time) giving to the person an opportunity of being heard."
Breaking the sentence down:
- Scope. "Any discretionary or other power vested in him by this Act or the rules."
- Trigger. The power is to be exercised adversely to a person who has applied for its exercise.
- Condition. The Registrar must give an opportunity of being heard if the person so requires within the prescribed time.
- Exception. "Subject to the provisions of section 64". Section 64(2) says the Registrar need not hear the parties before disposing of an application for extension of time. That is explained in the article on sections 63 to 65.
The right to be heard is therefore not automatic. The applicant must ask for it within the prescribed time. Section 87(2)(q) lets the rules prescribe that time, and the rules are not in our sources, so we state no number of days.
Example. Narayan Growers applies for an amendment to its application and the Registrar is minded to refuse. Under section 61 he may not refuse without hearing Narayan Growers if Narayan Growers asked for a hearing within the time the rules prescribe. If it did not ask, the section's obligation does not arise.
Section 62: evidence before the Registrar
"In any proceeding under this Act before the Registrar, evidence shall be given by affidavit:
Provided that the Registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit."
- General rule: evidence is by affidavit.
- Proviso: the Registrar may take oral evidence, instead of or in addition to affidavits, "if he thinks fit".
- Together with section 60(a), he can summon witnesses and compel documents; the affidavit is the ordinary mode, and oral evidence is the exception that the Registrar chooses.
Section 76 of the Act separately says that an act required to be done before the Registrar may be done by an authorised agent, but not "the making of an affidavit"; that exclusion is explained in the article on sections 74 to 76. A statement of evidence for a proceeding must therefore be sworn by the person himself.
At a glance
| Section | Subject | Core rule |
|---|---|---|
| 60(a) | Civil court powers | Evidence, oaths, witnesses, discovery, commissions |
| 60(b) | Costs | Reasonable costs; executable as a civil decree |
| 60(c) | Review | On application in the prescribed manner |
| 61 | Adverse discretion | Hearing if requested within prescribed time; subject to s.64 |
| 62 | Evidence | By affidavit; oral evidence at the Registrar's choice |
What the sections do not say
- They do not give a time limit for a review application or for requesting a hearing; both are left to the rules.
- They do not state any fee.
- Section 60 does not say whether a review order can itself be reviewed.
- Section 62 does not say when the Registrar will choose to take oral evidence.
- None of the sections says whether the Registrar's costs are paid to the opposite party or to the Registry; "such orders as to costs as he considers reasonable" is all the text says.
Practical points
- Treat any Registry notice that proposes an adverse decision as a prompt to request a hearing at once, within the time the rules prescribe.
- Prepare evidence as affidavits from the person with knowledge, with documents annexed.
- Keep a record of the costs order; it can be enforced as a civil decree.
- If a decision looks wrong on its face, ask the Registry about the prescribed manner of review before you file an appeal.
Need help with a proceeding before the Registrar?
Hearings, affidavits and review requests are time-bound and are set by the rules. Our GI registration service can prepare your evidence, request the hearing in time and appear with you before the Registry.
Key takeaways
- Section 60: the Registrar has civil court powers for evidence and documents, can award costs executable as a decree and can review his own decision.
- Section 61: before an adverse discretionary decision, he must give a hearing if the applicant asks for one within the prescribed time, subject to section 64.
- Section 62: evidence is by affidavit, with oral evidence at the Registrar's discretion.
- The prescribed time and manner come from the rules, which are not in the text.
Read next
- Sections 63–65: death of party, extension of time and abandonment
- Sections 74–76: address for service, trade usages and agents
- Section 14: opposition to registration of a geographical indication
- GI registration process: application to certificate
Disclaimer: Based on the Geographical Indications of Goods (Registration and Protection) Act, 1999 read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the rules made under the Act. This article is general information, not legal advice; check the official text before acting.