Sections 82 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.
These two short sections close the miscellaneous provisions before the convention-country sections. Section 82 says that, despite the Registration Act, 1908, no document declaring or purporting to declare a person's title to a geographical indication other than a registered geographical indication can be registered under that Act. Section 83 says the Act binds the Government. If you are drawing up a deed about a geographical indication, or dealing with a Government body, our legal consultation team can advise you on what the Act does and does not allow.
Section 82: notwithstanding the Registration Act, 1908, no document declaring or purporting to declare any title of a person to a geographical indication other than a registered geographical indication shall be registered under that Act. Section 83: the provisions of the Act shall be binding on the Government. Neither section was changed by the Tribunals Reforms Act, 2021 or the Jan Vishwas Act, 2023.
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.
Section 82: declarations of title not registerable under the Registration Act, 1908
The full text: "Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no document declaring or purporting to declare any title of a person to a geographical indication other than a registered geographical indication shall be registered under that Act."
Taking the words one at a time:
| Words | Meaning |
|---|---|
| "Notwithstanding anything contained in the Registration Act, 1908" | This section overrides that Act where they conflict |
| "no document declaring or purporting to declare any title of a person to a geographical indication" | Any document that states or claims to state that someone owns or holds title to an indication |
| "other than a registered geographical indication" | Applies to indications that are not registered under this Act |
| "shall be registered under that Act" | Such a document cannot be registered as a document under the Registration Act, 1908 |
What it is for
A geographical indication is a public-facing label of origin. It is registered under this Act, in the register kept by the Registrar. This section prevents anyone from creating a rival record of "title" to an unregistered indication by registering a deed under the general law on registration of documents. The only route to recorded rights in a geographical indication is registration under the Act itself. The register and its parts are described in the articles on section 6 and section 7.
What it does not do
- It does not say that a deed about an unregistered indication is void. It says only that the document cannot be registered under the Registration Act, 1908. The text says nothing further about the validity of such a document between the parties.
- It does not bar a document about a registered geographical indication from being registered under that Act. The words "other than a registered geographical indication" exclude registered indications from the bar. Even so, section 24 of this Act, covered in the article on sections 23 and 24, says that any right to a registered geographical indication shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or any such other agreement (with a proviso on devolution on the death of an authorised user), so the section should not be read as encouraging such documents.
- It does not define "title". The word is used in its ordinary sense of a claim to ownership or exclusive right.
- It does not say what happens to a document that is wrongly presented for registration; the text speaks only of what "shall" not be registered.
Example. Sethi Cooperative claims to "own" an unregistered indication for an invented hill-cloth and signs a deed with a distributor declaring its title. The distributor tries to register the deed under the Registration Act, 1908. Section 82 says the deed cannot be registered, because it purports to declare title to a geographical indication that is not registered. The cooperative's real route to protection is to apply for registration under this Act.
Section 83: Government to be bound
The full text: "The provisions of this Act shall be binding on the Government."
This is a single sentence with a plain effect: the Act applies to the Government as it does to private persons. A Government department or body that applies an indication, sells goods bearing one, uses a registered indication or deals with the Registry is subject to the same rules. It cannot claim exemption simply because it is the Government.
| Question | Answer from the text |
|---|---|
| Does the Act apply to the Government? | Yes, "binding on the Government" |
| Which Government? | The text says "the Government" without qualification; it does not name the Central Government or State Governments |
| Is any provision excluded? | None is named; the sentence covers "the provisions of this Act" |
The text does not say what remedy lies against the Government, how a suit or proceeding is to be brought or whether any special procedure applies. Those points are outside the section, and we do not supply them. Likewise, the section does not say whether the Government can itself be an applicant, a proprietor or an authorised user; the provisions on who may apply are described in the article on who can apply for GI registration.
Example. A State agency prints promotional packs for an invented regional rice indication without the assent of the authorised users. Section 83 means the Act, including sections 38 to 40 on false indications, is binding on the agency in the same way as on a private printer. The agency cannot assume it is outside the Act because it is a Government body. Whether any particular fact amounts to an offence is, as always, for the court under those sections.
How the two sections relate
| Section 82 | Section 83 | |
|---|---|---|
| Subject | Registration of deeds claiming title to unregistered GIs | Application of the Act to Government |
| Overrides | The Registration Act, 1908 | Any claim of Government exemption |
| Effect | Such deeds cannot be registered | Government is bound by the Act |
| Practical lesson | Register the GI under this Act, not a deed | Government is subject to the same GI rules |
What the sections do not say
- Section 82 does not say what other effect an unregistered deed claiming title may have.
- Section 82 does not mention documents about registered indications.
- Section 83 does not say how the Act is enforced against the Government.
- Neither section deals with fees, forms or time limits.
Practical points
- Do not rely on a registered deed to establish title to an unregistered geographical indication; apply under the Act instead.
- When drafting agreements about indicated goods, describe the rights by reference to the register and the authorised-user entries.
- Treat Government bodies as subject to the same GI rules as private parties.
- If a document about title to an indication has been refused registration, check whether the indication is registered under the Act.
Need help with title documents and Government dealings?
Documents about a geographical indication should be built on the register, not on a general deed. Our legal consultation team can review your agreements, advise on how to record rights through registration under the Act and guide you when the other party is a Government body.
Key takeaways
- Section 82: no document declaring or purporting to declare title to an unregistered geographical indication can be registered under the Registration Act, 1908.
- It does not by itself say such a document is void; it bars registration of the document.
- Section 83: the Act binds the Government.
- Neither section was changed by the 2021 or 2023 amending Acts.
Read next
- Sections 84–85: convention-country applications and reciprocity
- Section 21: rights conferred by registration
- Sections 5–6: the Geographical Indications Registry and the register
- Who can apply for GI registration: producers and associations
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.