Sections 63 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 63 to 65 deal with three practical problems in Registry proceedings: what happens when a party dies, how a missed time limit can be extended, and when a stalled application is treated as abandoned. The Registrar can substitute a successor in interest, can extend time for sufficient cause (with no appeal), and can treat a defaulting application as abandoned after notice and, if the applicant wants it, a hearing. If a deadline in your GI file is at risk, our GI registration service can help you act before it passes.
Section 63: if a party to a proceeding before the Registrar dies, the Registrar may, on request and on proof of transmission of interest, substitute the successor in interest, or let the proceeding continue without substitution if the surviving parties sufficiently represent the interest. Section 64: on application in the prescribed manner with the prescribed fee, the Registrar may extend time for doing any act for sufficient cause, but not a time expressly provided in the Act; no appeal lies. Section 65: if an applicant is in default, the Registrar may by notice require him to remedy the default within a specified time and, failing that, treat the application as abandoned.
Amendment by the Tribunals Reforms Act, 2021
Section 22(l) of the Tribunals Reforms Act, 2021 says that in section 63 "the words 'the Appellate Board or' shall be omitted". Before the Tribunals Reforms Act, 2021 section 63 excluded from its scope a proceeding "before the Appellate Board or a court". The current wording excludes only a proceeding "before a court". Sections 64 and 65 are not touched by the 2021 Act, and neither section is changed by the Jan Vishwas (Amendment of Provisions) Act, 2023.
Section 63: death of a party
Current wording: "If a person who is a party to a proceeding under this Act (not being a proceeding before a court) dies pending the proceeding, the Registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in his place, or, if the Registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest."
| Element | What the text says |
|---|---|
| Scope | A proceeding under the Act other than one before a court |
| Trigger | A party dies pending the proceeding |
| Option 1 | On request and on proof to his satisfaction of transmission of interest, substitute the successor in interest |
| Option 2 | If the interest is sufficiently represented by the surviving parties, let the proceeding continue without substitution |
The section speaks of "a person", and the text does not say whether it also covers a producer association or other body that ceases to exist. We do not extend it. Because the section applies to proceedings other than those before a court, a pending suit in a court is dealt with under the ordinary rules for such proceedings, not under section 63.
Example. Gopal, an opponent of an invented hill-tea application, dies during the opposition. His son applies, proves that Gopal's interest passed to him and asks to be substituted. The Registrar, satisfied of the transmission, substitutes the son.
Section 64: extension of time
Sub-section (1)
"If the Registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act (not being a time expressly provided in the Act), whether the time so specified has expired or not, he may, subject to such conditions as he may think fit to impose, extend the time and inform the parties accordingly."
Key features:
- The application must be in the prescribed manner and accompanied by the prescribed fee. The text states no fee.
- The Registrar must be satisfied that there is sufficient cause.
- It covers time for doing "any act", but not a time expressly provided in the Act. Times fixed by the Act itself, for example the three-month and thirty-day periods stated in particular sections, cannot be extended under section 64. Only times fixed by the rules or by the Registrar are within it.
- The application can be made whether the time has expired or not.
- The extension is "subject to such conditions as he may think fit".
- He must inform the parties of the extension.
Sub-section (2)
"Nothing in sub-section (1) shall be deemed to require the Registrar to hear the parties before disposing of an application for extension of time, and no appeal shall lie from any order of the Registrar under this section."
Two consequences. First, the Registrar need not hold a hearing; this is the exception that section 61 refers to when it says it is "subject to the provisions of section 64" (see the article on sections 60 to 62). Second, no appeal lies from his order, whether he grants or refuses the extension. The text does not mention a review, and section 60(c) allows review only on an application in the prescribed manner; whether it reaches section 64 orders is not stated.
Section 65: abandonment
"Where, in the opinion of the Registrar, an applicant is in default in the prosecution of an application filed under this Act, the Registrar may, by notice require the applicant to remedy the default within a time specified and after giving him, if so, desired, an opportunity of being heard, treat the application as abandoned, unless the default is remedied within the time specified in the notice."
The steps, in order:
- The Registrar forms the opinion that the applicant is in default in prosecuting the application.
- He gives a notice requiring the default to be remedied within a specified time.
- If the applicant asks, he is given an opportunity of being heard.
- If the default is not remedied in the specified time, the Registrar may treat the application as abandoned.
The word "may" gives the Registrar discretion. The section applies to "an applicant" with "an application filed under this Act", which covers applications for registration and for registration as an authorised user, both described in this series under section 11 and section 17. The text does not say whether an abandoned application can be revived, and it states no time for the notice.
Comparing the three sections
| Section | Subject | Who acts | Hearing | Appeal |
|---|---|---|---|---|
| 63 | Death of party | Registrar, on request | Not mentioned | Not mentioned |
| 64 | Extension of time | Registrar, on application with fee | Not required | None |
| 65 | Abandonment | Registrar, by notice | If the applicant so desires | Not mentioned |
What the sections do not say
- Section 63 does not state a time within which the successor must apply.
- Section 64 does not say how many extensions may be given or how long each may be.
- Section 65 does not state what the notice period must be or what counts as default.
- None of the sections gives a fee amount or a form; the text leaves them to the rules.
Practical points
- Apply for an extension before the time expires, with a clear statement of the cause; the order is final.
- Check whether the time is "expressly provided in the Act". If so, section 64 will not help.
- Reply to any default notice within the time specified, and ask for a hearing if you want one.
- If a party dies, inform the Registry promptly and prepare proof of succession.
Need help with a missed deadline or a default notice?
An extension order is final and an abandonment can end an application, so the response needs care. Our GI registration service can prepare the extension request, answer a default notice and manage the file so that deadlines are not missed.
Key takeaways
- Section 63: the Registrar may substitute a successor in interest, or let the proceeding continue, when a party dies (the words "the Appellate Board or" were omitted in 2021).
- Section 64: time may be extended for sufficient cause on application and fee, except a time expressly provided in the Act; no appeal lies.
- Section 65: after a default notice and an optional hearing, the Registrar may treat the application as abandoned.
Read next
- Sections 60–62: powers of the Registrar, discretion and evidence
- Section 11: application for registration of a geographical indication
- Sections 74–76: address for service, trade usages and agents
- 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.