Chapter XIII - Miscellaneous
Section 156
Section 156: Time-limited difficulty-removal power
The Central Government’s power to remove implementation difficulties was limited to orders within five years from commencement of the Act.
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Need advice on Section 156?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(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.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
Rule and business relevance
Any qualifying order had to be published in the Gazette, remain consistent with the Act and be laid before each House of Parliament. The proviso is a historical outer limit.
Limits and related provisions
Do not describe this as an open-ended present power to change the Act by administrative order. Identify any actual historical order and its continuing legal effect separately.
Hypothetical business example
Hypothetical example: A researcher finds an early implementation order and checks its date and statutory consistency rather than assuming a new order can now be made under the same power.
Practical decision flow
Identify the actual order and publication date.
Check the five-year limit and consistency with the Act.
Review the order’s scope and any later changes.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Identify the actual order and publication date.
- Check the five-year limit and consistency with the Act.
- Review the order’s scope and any later changes.
Avoid
- Do not describe this as an open-ended present power to change the Act by administrative order. Identify any actual historical order and its continuing legal effect separately.
Glossary
- Difficulty-removal order
- The limited instrument authorised by this section.
- Sunset limit
- The five-year restriction on making orders under the power.
Frequently asked questions
Can the power be exercised indefinitely?
No. The proviso fixes a five-year limit from commencement.
Can an order contradict the Act?
The section requires consistency with the Act.
Is Parliamentary laying required?
Yes, before each House as soon as may be.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026