Sections 80 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 80 says that fees and surcharge are payable as the Central Government prescribes, that the Registrar will not act until the fee is paid, and that a document is deemed not filed until its fee is paid. Section 81 is a saving clause for Chapter VIII, the chapter on offences and penalties: it does not exempt anyone from a suit that could otherwise be brought, and it protects a servant who in good faith obeys his master's instructions and gives full information on demand. This article gives no amount of any fee, because the amounts are in the rules, which are not in the source text. If you are preparing an application or a filing and want to be sure it is complete, our GI registration service can check the fee and the filing with you.
Section 80: fees and surcharge are payable on applications, registrations and other matters as the Central Government prescribes. Where a fee is payable for an act of the Registrar, he shall not do the act until the fee is paid; where it is payable for filing a document, the document is deemed not filed until the fee is paid. Section 81: nothing in Chapter VIII exempts any person from a suit or other proceeding that could otherwise be brought, or makes a servant liable to prosecution or punishment who in good faith obeys the instructions of a master resident in India and, on demand, gives full information about the master and the instructions.
Status after the amending Acts
Neither section is on the Tribunals Reforms Act, 2021 list, and neither is changed by the Jan Vishwas (Amendment of Provisions) Act, 2023. The printed text is current. The Jan Vishwas Act adds ss.37A and 37B to Chapter VIII; section 81 speaks of "Chapter VIII" as a whole, so its words cover them, but the text we read does not say how.
Section 80: fees and surcharge
Sub-section (1): the power to prescribe
"There shall be paid in respect of applications and registrations and other matters under this Act such fees and surcharge as may be prescribed by the Central Government."
The Act itself fixes no amount. It says fees and surcharge are "as may be prescribed by the Central Government". Section 87(2)(t) lets the rules cover "the fee and surcharge payable for applications and registrations and other matters under sub-section (1) of section 80". The amounts are therefore in the rules, which the sources we used do not contain. We do not state them. Always check the current rules or the Registry's published schedule before paying.
The Act mentions fees in several places, for example in applications and renewal, in an application for extension of time under section 64 and in the request for a certified copy under section 78(2), but in each case it says "prescribed fee" and does not say how much.
Sub-sections (2) and (3): no fee, no action
| Sub-section | Rule |
|---|---|
| (2) | Where a fee is payable in respect of the doing of an act by the Registrar, the Registrar shall not do that act until the fee has been paid |
| (3) | Where a fee is payable in respect of the filing of a document at the Geographical Indications Registry, the document shall be deemed not to have been filed at the registry until the fee has been paid |
Two practical consequences follow.
- The Registrar's action waits for the fee. If a fee is payable for an act, such as publishing, issuing a certificate or deciding a request, the Registrar must not do it until the fee is paid.
- A document is not "filed" until the fee is paid. The date on which the fee is paid, not the date the paper is handed in, is the date of filing. This matters wherever a time limit counts from or ends with filing. A paper handed in on the last day without its fee may be treated as not filed on that day.
Extension of time under section 64 is limited to times not expressly provided in the Act, and the application for it is made with the prescribed fee; see the article on sections 63 to 65.
Example. A cooperative files an opposition document on the last day of the period it must file by, but pays the prescribed fee two days later. Under section 80(3), the document is deemed not to have been filed until the fee was paid, so the cooperative faces a late filing. The invented facts show why fee and filing must go together.
Section 81: savings in respect of Chapter VIII
"Nothing in Chapter VIII shall—
- (a) exempt any person from any suit or other proceeding which might, but for anything in that Chapter, be brought against him, or
- (b) be construed so as to render liable to any prosecution or punishment any servant of a master resident in India who in good faith acts in obedience to the instructions of such master, and, on demand made by or on behalf of the prosecutor, has given full information as to his master and as to the instructions which he has received from his master."
Clause (a): civil remedies are not lost
Chapter VIII (sections 37 to 54, with the inserted 37A and 37B) deals with offences, penalties and related procedure. Clause (a) says that creating those offences does not take away any civil suit that could have been brought anyway. A person who has committed an offence under Chapter VIII can still be sued, for example for infringement or passing off under sections 66 and 67; see the article on section 66. A prosecution and a suit can both go ahead.
Clause (b): the servant who obeys
Clause (b) protects a servant from prosecution or punishment under Chapter VIII if all of these are true:
| Condition | Text |
|---|---|
| He is a servant of a master | Resident in India |
| He acted | In good faith, in obedience to the master's instructions |
| On demand by or for the prosecutor | He has given full information about the master and the instructions received |
The protection is lost if the servant did not act in good faith or did not give full information when asked. The text does not define "servant", and does not say whether it extends to an agent or contractor. Compare section 47, which exempts a person employed in the ordinary course to apply indications or make instruments for others, if he proves four things; section 81(b) is a separate, general protection for a servant who obeys instructions. The article on sections 47 and 48 explains section 47.
Quick comparison
| Section 80 | Section 81 | |
|---|---|---|
| Subject | Fees and surcharge | Savings for Chapter VIII |
| Core rule | Fee first; document deemed not filed until paid | No exemption from suits; protection for the obedient servant |
| Left to rules | Amounts and surcharge | Nothing; the section is self-contained |
| Practical impact | Timing of every filing | Civil and criminal remedies run side by side |
What the sections do not say
- They do not state any fee, surcharge or form; they leave these to the rules.
- Section 80 does not say whether a fee paid late can be accepted retroactively.
- Section 80 does not say what "other matters" include.
- Section 81 does not define "servant" or "good faith".
- Section 81 does not say that a master escapes liability merely because the servant is protected.
Practical points
- Pay the prescribed fee together with every filing, and keep the proof of payment with the date.
- Check the current rules for the amount; do not rely on old schedules.
- If a time limit is close, treat the fee payment date as the filing date.
- Employees who are told to apply a mark should record the instructions in writing and answer any request for information fully.
Need help getting a filing right the first time?
A missing fee can mean a document is treated as not filed. Our GI registration service can confirm the current fee, lodge your document with proof of payment and keep a diary of the dates that depend on filing.
Key takeaways
- Fees and surcharge are as prescribed by the Central Government; the Act gives no amounts.
- The Registrar does not act, and a document is deemed not filed, until the fee is paid.
- Chapter VIII does not exempt anyone from a suit that could otherwise be brought.
- A servant who in good faith obeys a master resident in India, and gives full information on demand, is not liable to prosecution or punishment under Chapter VIII.
Read next
- Sections 63–65: death of party, extension of time and abandonment
- Sections 47–48: exemption of employees and procedure when invalidity is pleaded
- Sections 86–87: removal of difficulties and power to make rules
- 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.