Geographical Indications of Goods (Registration and Protection) Act, 1999

87. Power to make rules.-

1.  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.

2.  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:-

a.   the matters to be included in the Register of Geographical Indications under sub-section (1), and the safeguards to be observed in the maintenance of such register in computer floppies or diskettes under sub-section (2) of section 6;

b.   the manner of incorporation of particulars relating to registration of geographical indications in Part A under sub-section (2) and the manner of incorporation of particulars relating to the registration of the authorised user under sub-section (3) of section 7;

c.   the classification of goods and the manner of publication of the alphabetical index of classification of goods and the definite territory or locality or region for the purpose of registration of geographical indications under sub-section (1) of sec ion 8;

d.   the form in which and the manner in which an application for registration of a geographical indication may be made and the fees which may accompany the application under sub-section (1) and the particulars to be made in the statement of producers of goods who proposes to be initially registered with the registration under clause (f) of sub-section (2) of section 11;

e.   the manner of publication of advertisement of accepted application, for registration of geographical indications, etc., under sub-section (1), and the manner of notifying the corrections or amendments made in the application under sub-section (2) of section 13;

f.   the manner in which and the fee which may accompany an application and the manner of giving notice under sub-section (1) and the manner of sending counter statement under sub-section (2) and the manner of submission of evidence and the time therefor under sub-section (4) of section 14;

g.   the form of certificate of registration under sub-section (2) and the manner of giving notice to the applicant under sub-section (3) of section 16;

h.   the manner of applying for registration as an authorised user under sub-section (1) and the manner of submitting statements and documents along with such application and the fee which may accompany such application under sub-section (2) of section 17 ;

i.   the manner of making application, the time within which such application is to be made and the fee payable with each application, under sub-section (3) and the time within which the Registrar shall send notice and the manner of such notice under sub- section (4) and the form in which and the fee which may accompany an application for renewal to be made under sub-section (5) of section 18;

j.   the manner of making applications under sub-sections (1) and (2), the manner of giving notice under sub-section (4) and the manner of service of notice of rectification under sub-section (5) of section 27;

k.   the manner of making an application for correction, etc., under section 28;

l.   the manner of making an application under sub-section (1), the manner of advertising an application under sub-section (1), the time and manner of notice by which an application may be opposed under sub-sections (2) and (3) of section 29;

m.   the manner of advertisement under sub-section (2) of section 30;

n.   the form of making an appeal, the manner of verification and the fee payable under sub-section (3) of section 31;

o.   the form in which an application for rectification shall be made, under sub-section (1) of section 34;

p.   the manner of making an application for review under clause (c) of section 60;

q.   the time within which an application is to be made to the Registrar for exercising his discretionary power under section 61;

r.   the manner of making an application and the fee payable therefore under sub-section (1) of section 64;

s.   the manner of authorising any person to act and the manner of registration of a geographical indications agent under section 76;

t.   the fee and surcharge payable for applications and registrations and other matters under sub-section (1) of section 80;

u.   any other matter which is required to be, or may be, prescribed.

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3.  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 ore 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.

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