Sections 86 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 86 let the Central Government remove difficulties in giving effect to the Act by order, but only within five years of commencement. Section 87 is the rule-making power: it authorises rules to carry out the Act, lists the matters rules may cover and requires every rule to be laid before Parliament. Much of what the Act leaves "as may be prescribed" (forms, manner, time and fees) sits in these rules, which are not in the sources we used, so this article quotes the Act's own list and states no rule number, form or fee. Two amending Acts changed the list: clause (n) of section 87(2) was omitted and clauses (oa) and (ob) were added. If you need to know what the rules prescribe for your filing, our legal consultation team can look up the current rules with you.
Section 86: if a difficulty arises in giving effect to the Act, the Central Government may by order in the Official Gazette make provisions not inconsistent with the Act to remove it, but no order after five years from commencement; each order is laid before each House of Parliament. Section 87: the Central Government may make rules by notification, subject to previous publication, and the list in sub-section (2) is illustrative. Clause (n) (the form of appeal under section 31(3)) was omitted by the Tribunals Reforms Act, 2021; clauses (oa) and (ob) (inquiry and penalty under section 37A; form and manner of appeal under section 37B(2)) were inserted by the Jan Vishwas Act, 2023.
What the amending Acts did
Tribunals Reforms Act, 2021. Section 22(o) provides that "in section 87, in sub-section (2), clause (n) shall be omitted". Before the Tribunals Reforms Act, 2021, clause (n) read "the form of making an appeal, the manner of verification and the fee payable under sub-section (3) of section 31". Sub-section (3) of section 31 has itself been omitted by the same Act, so its rule-making head went with it. Section 86 and the rest of section 87 are not touched by the 2021 Act.
Jan Vishwas (Amendment of Provisions) Act, 2023. Item 31, clause (D), provides that in section 87, in sub-section (2), after clause (o), these clauses are inserted: "(oa) the manner of holding inquiry and imposing penalty under section 37A; (ob) the form and manner of preferring appeal under sub-section (2) of section 37B;". The text we read prints no commencement date for either change, and we give none.
Section 86: removal of difficulties
Sub-section (1)
"If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of five years from the commencement of this Act."
| Feature | What the text says |
|---|---|
| Trigger | A difficulty in giving effect to the Act |
| Who acts | The Central Government |
| How | By order published in the Official Gazette |
| Limit on content | Provisions not inconsistent with the Act, as appear necessary to remove the difficulty |
| Time limit | No order after five years from the commencement of this Act |
Section 1(3) lets the Central Government appoint different dates for different provisions, and a footnote in the printed text records the Act's notified commencement date as 15 September 2003. Whether any order was ever made under section 86 is not stated in the text we read, so we say nothing about that. The five-year proviso means the power is a transitional one and is time-limited by its own terms; any question about it today is historical. The commencement of the Act is explained in the article on section 1 of this series.
Sub-section (2)
"Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament." The text sets no period for laying and no consequence for failure.
Section 87: power to make rules
Sub-section (1): the general power
"The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules to carry out the provisions of this Act."
Two conditions: the rules are made by notification in the Official Gazette, and subject to previous publication (draft rules are published before the rules are made). The purpose is "to carry out the provisions of this Act".
Sub-section (2): the illustrative list
"In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—" The words "without prejudice to the generality" mean the list does not narrow the general power. The table groups the clauses as the text prints them, with clause letters from the text.
| Clause | Matter (summary of the text) | Section it relates to |
|---|---|---|
| (a) | Matters in the Register; safeguards in maintaining it on computer floppies or diskettes | 6 |
| (b) | Manner of incorporating registration particulars in Part A and authorised-user particulars | 7 |
| (c) | Classification of goods, publication of the alphabetical index, the definite territory, locality or region | 8 |
| (d) | Form and manner of an application, fees accompanying it, particulars in the statement of producers | 11 |
| (e) | Manner of advertising accepted applications; notifying corrections or amendments | 13 |
| (f) | Notice of opposition, counter-statement, evidence and time | 14 |
| (g) | Form of certificate of registration; notice to the applicant | 16 |
| (h) | Applying for registration as authorised user; statements, documents, fee | 17 |
| (i) | Applications, time, fee and notice relating to renewal | 18 |
| (j) | Applications and notices for cancellation, variation and rectification | 27 |
| (k) | Application for correction | 28 |
| (l) | Application, advertisement and opposition for alteration | 29 |
| (m) | Manner of advertisement | 30 |
| (n) | Omitted (form of appeal, verification, fee under section 31(3)) | 31(3) |
| (o) | Form of an application for rectification | 34 |
| (oa) | Inserted 2023: manner of holding inquiry and imposing penalty | 37A |
| (ob) | Inserted 2023: form and manner of preferring appeal | 37B(2) |
| (p) | Manner of an application for review | 60(c) |
| (q) | Time to apply for the exercise of discretionary power | 61 |
| (r) | Manner of application and fee for extension of time | 64(1) |
| (s) | Manner of authorising any person to act; registration of geographical indications agents | 76 |
| (t) | Fee and surcharge | 80(1) |
| (u) | Any other matter required or permitted to be prescribed | General |
The table is a plain-language summary; the exact wording of each clause is in the Act. Clause (u) is the catch-all.
The adjudication and appeal rules are explained in the articles on section 37A and section 37B, and review and discretion in the article on sections 60 to 62.
Sub-section (3): laying before Parliament
"Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule."
| Step | Rule |
|---|---|
| Laying | As soon as may be after the rule is made, before each House, while in session |
| Period | A total of thirty days, in one session or two or more successive sessions |
| Parliamentary control | Before the end of the session immediately following, both Houses may agree to modify the rule or that it should not be made |
| Effect | The rule has effect only in modified form or is of no effect |
| Safeguard | Anything previously done under the rule remains valid |
Why this matters in practice
The Act sets the framework, and the rules supply the forms, timing and amounts. Before every application, notice, appeal or request, check the current rules for the form, manner and fee. For example, section 37B(2) says an appeal is to be preferred "in such form and manner as may be prescribed"; clause (ob) is the authority for those rules, and the text does not tell us what they say.
What the sections do not say
- Section 86 does not say whether any order was ever made; we do not know from the text.
- Section 87 does not say that the list in sub-section (2) is closed; it says it is without prejudice to the general power.
- Neither section states any form, rule number or fee.
- Sub-section (3) does not say what happens if the rules are not laid on time.
- The omitted clause (n) is gone, so the text we read gives no rule-making head for an appeal form under section 31 beyond the general power in sub-section (1) and clause (u).
Practical points
- Treat "as may be prescribed" as a prompt to check the current rules.
- Look for the current form and fee before filing; do not copy from old filings.
- When a form changes, the Official Gazette notification is the source.
- For appeals to the High Court under section 31, the Act no longer carries clause (n); the text we read does not say where the form of such an appeal is now prescribed, so ask before you file.
Need help finding the right form, manner or fee?
The Act leaves many details to the rules, so the right form and timing need to be confirmed from the current rules for every filing. Our legal consultation team can pull the current rules, map them to your application, notice or appeal and keep the filing on track.
Key takeaways
- Section 86: the Central Government could remove difficulties by Gazette order, but not after five years from commencement; orders are laid before Parliament.
- Section 87(1): rules are made by notification, subject to previous publication.
- Section 87(2): an illustrative list; clause (n) was omitted by the Tribunals Reforms Act, 2021, and clauses (oa) and (ob) were inserted by the Jan Vishwas Act, 2023.
- Section 87(3): every rule is laid before Parliament for thirty days, and Parliament can modify or annul it without affecting what was done earlier.
- The Act's text states no form, rule number or fee; check the current rules.
Read next
- Section 37A: adjudication of penalties by the adjudicating officer
- Section 37B: appeal against an adjudication order
- Sections 80–81: fees, surcharge and savings in respect of Chapter VIII
- Introduction to the Geographical Indications Act 1999
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.