Section 71 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.
Section 71 lets the Central Government, by notification in the Official Gazette, require goods of a specified class, whether imported or made in India, to carry an indication of the country or place where they were made or produced, or the name and address of the manufacturer or the person for whom they were made. The requirement starts from a date not less than three months after the notification. If your goods may fall under such a requirement, our GI registration service can help you plan labelling and the registration side.
The Central Government may by notification require goods of a specified class, whether imported or made within India, to carry an indication of country or place of origin or the name and address of the manufacturer or person for whom made, from a date not less than three months after the notification. The notification may fix how and when the indication must be shown. It is issued only on application by persons substantially representing the trade, or if the Government is otherwise convinced it is necessary in the public interest. It does not apply to imported goods that the Commissioner of Customs is satisfied are meant for export.
Status after the amending Acts
Section 71 is not on the Tribunals Reforms Act, 2021 list and is not changed by the Jan Vishwas (Amendment of Provisions) Act, 2023. The printed text is current. The text we read does not record that any notification has been issued under it, so we do not describe any.
Sub-section (1): the power
"The Central Government may, by notification in the Official Gazette, require that goods of any class specified in the notification which are made or produced beyond the limits of India and imported into India, or, which are made or produced within the limits of India, shall, from such date as may be appointed by the notification not being less than three months from its issue, have applied to them an indication of the country or place in which they were made or produced, or of the name and address of the manufacturer or the person for whom the goods were manufactured."
| Element | What the text says |
|---|---|
| Who | The Central Government |
| How | By notification in the Official Gazette |
| Which goods | "Any class specified in the notification": imported goods and goods made in India |
| What must be applied | An indication of the country or place of making or production, or the name and address of the manufacturer or the person for whom manufactured |
| From when | A date appointed by the notification, not less than three months from its issue |
The section gives a power; it does not itself impose the marking duty on any class of goods. The duty arises only when a notification is issued.
Sub-section (2): what the notification may specify
"The notification may specify the manner in which such indication shall be applied, that is to say, whether to goods themselves or in any other manner, and the times or occasions on which the presence of the indication shall be necessary, that is to say, whether on importation only, or also at the time of sale, whether by wholesale or retail or both."
So a notification can say:
- how: on the goods themselves or some other manner (for example on the package);
- when: on importation only, or also at sale, and whether at wholesale, retail or both.
Sub-section (3): when a notification may be issued
"No notification under this section shall be issued, unless application is made for its issue by persons or associations substantially representing the interests of dealers in, or manufacturers, producers, or users of, the goods concerned, or unless the Central Government is otherwise convinced that it is necessary in the public interest to issue the notification, with or without such inquiry, as the Central Government may consider necessary."
Two routes: an application by dealers', manufacturers', producers' or users' bodies that substantially represent their interests, or the Government's own conviction that the public interest requires it, "with or without such inquiry" as it thinks necessary. The text sets no form of application and no fee.
Sub-section (4): previous publication
"The provisions of section 23 of the General Clauses Act, 1897 (10 of 1897) shall apply to the issue of a notification under this section as they apply to the making of a rule or bye-law the making of which is subject to the condition of previous publication."
This makes the previous-publication procedure of the General Clauses Act apply to these notifications. The text we read does not set out that procedure, so we do not describe it.
Sub-section (5): the export exception
"A notification under this section shall not apply to goods made or produced beyond the limits of India and imported into India, if in respect of those goods, the Commissioner of Customs is satisfied at the time of importation that they are intended for exportation whether after transhipment in or transit through India or otherwise."
Imported goods that are only passing through India, or are being transhipped, for export elsewhere need not carry the indication if the Commissioner of Customs is satisfied at the time of importation that they are meant for export. The exception speaks of imported goods. The text does not give a similar exception for goods made in India for export.
Why section 71 matters in the offences
Sections 39 and 40 refer back to section 71:
| Provision | Link to section 71 |
|---|---|
| Section 39(d) | Applying a false indication of country, place, name or address to goods required under section 71 to carry one |
| Section 39(e) | Tampering with, altering or effacing an indication of origin applied under section 71 |
| Section 40 | Selling or possessing for sale goods which, being required under section 71 to carry an indication, lack it |
Those provisions are explained in the articles on section 39 and section 40. They carry imprisonment and fine and are tried by a court. They apply only where a section 71 notification actually requires the indication for that class of goods.
Example
Suppose, for illustration only, the Central Government notifies that a class of handloom cloth, whether made in India or imported, must carry the name and address of the maker on the goods from a date four months after the notification, at the time of sale by retail. Pawar Textiles must put its name and address on its cloth from that date. A trader who sells unmarked cloth after that date is exposed under section 40. A trader who rubs out the address on the cloth is exposed under section 39(e). If a consignment of imported cloth is only in transit to another country, the Customs Commissioner's satisfaction at import takes it out of the notification under sub-section (5). The class, dates and requirements here are invented.
What the section does not say
- It does not list the goods or classes to which it applies.
- It does not say what form the "application" under sub-section (3) takes.
- It does not prescribe the size, language or placement of the indication.
- It does not say how long a notification lasts or how it can be withdrawn.
- It does not exempt goods made in India for export.
Practical points
- Watch the Official Gazette for notifications under section 71 affecting your goods.
- A notification must give at least three months, so use that time to change labels and packaging.
- Industry bodies that want origin marking in their trade can apply under sub-section (3).
- Importers moving goods in transit should keep proof of the export intention for the Customs Commissioner.
Need help with origin labelling and GI protection?
Origin marking under a section 71 notification and registration as a geographical indication are separate things, but they work together on the label. Our GI registration service can help you plan labels, check any notification that affects your goods and protect the indication.
Key takeaways
- The Central Government may, by notification, require specified goods to show country or place of origin, or the maker's name and address.
- The requirement starts not less than three months after the notification, and may specify manner and occasions.
- A notification needs an application by representative trade bodies or a public interest conviction.
- Imported goods intended for export, as the Commissioner of Customs is satisfied, are excluded.
- False or tampered indications, and sale without a required one, are offences under sections 39 and 40.
Read next
- Section 39: penalty for applying false geographical indications
- Section 40: penalty for selling goods with a false geographical indication
- Section 37: meaning of applying geographical indications
- GI registration for handicrafts and handloom products
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.