Sections 32 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.
Chapter VII is headed "Power and Duties of Controller". Section 32 gives the Controller the powers of a civil court for six listed purposes, including awarding costs that are executable like a decree. Section 33 says he must not use a discretionary power against an applicant without giving a hearing if the applicant asks in time. Section 34 lets him seek directions from the Central Government in cases of doubt or difficulty. If you face an objection or a hearing, our design objection reply team prepares you for it.
s.32: subject to any rules, in any proceedings before him the Controller has the powers of a civil court for receiving evidence, administering oaths, enforcing attendance of witnesses, compelling discovery and production of documents, issuing commissions for examining witnesses and awarding costs; costs are executable in any court having jurisdiction as if a decree. s.33: he shall not exercise a discretionary power adversely to the applicant without giving an opportunity of being heard, if so required within the prescribed time. s.34: in doubt or difficulty he may apply to the Central Government for directions.
Section 32: powers of a civil court
"Subject to any rules in this behalf, the Controller in any proceedings before him under this Act shall have the powers of a civil court for the purpose of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents, issuing commissions for the examining of witnesses and awarding costs and such award shall be executable in any court having jurisdiction as if it were a decree of that court."
(The text prints "s hall" and "production of under documents"; both are misprints. Read "shall" and "production of documents".)
| Power | What it lets the Controller do |
|---|---|
| Receiving evidence | Take evidence in the proceeding |
| Administering oaths | Put witnesses and deponents on oath |
| Enforcing attendance of witnesses | Compel a witness to come |
| Compelling discovery and production of documents | Order documents to be disclosed and produced |
| Issuing commissions for examining witnesses | Have a witness examined elsewhere by a commissioner |
| Awarding costs | Make a costs order |
Four points.
- Only for these purposes. The text says "for the purpose of" the listed items. It does not say the Controller has all the powers of a civil court. We do not add to the list.
- "In any proceedings before him under this Act." The powers apply to proceedings such as examination, cancellation petitions, rectification and restoration, to the extent the Act gives him jurisdiction.
- "Subject to any rules in this behalf." The Designs Rules, 2001 regulate how the powers are used; see our sibling article on rule 43 and the scale of costs.
- Costs as a decree. An award of costs "shall be executable in any court having jurisdiction as if it were a decree of that court". So a party who is awarded costs may enforce them in a court, not only by asking the Controller.
The Controller's power to take evidence interacts with section 37, under which evidence is by affidavit unless he directs otherwise; see our article on sections 37–41.
Section 33: a hearing before an adverse discretionary order
"Where any discretionary power is by or under this Act given to Controller, he shall not exercise that power adversely to the applicant for registration of a design without (if so required within the prescribed time by the applicant) giving the applicant an opportunity of being heard."
(The text omits "the" before "Controller".)
Reading it clause by clause.
- "Any discretionary power ... by or under this Act": the Act is full of "may". For example, the Controller "may ... refuse to register" under section 5(4), "may" refuse on public-order grounds under section 35 and "may" withdraw a matter under section 3(4).
- "Adversely to the applicant for registration of a design": the protection is for the applicant for registration. The section does not name opponents, petitioners or registered proprietors. We do not extend it to them; the text is silent on it, and other sections or the Rules may give hearings elsewhere (for example, section 8(5) expressly requires an opportunity to be heard in a dispute between joint applicants).
- "If so required within the prescribed time by the applicant": the hearing is on request, and the request must be made within the prescribed time. The time is in the Rules, not in the Act. See our sibling article on rules 44 and 45.
The practical consequence is that an applicant who wants to be heard must ask, in time. If the applicant does not ask within the prescribed time, the Act does not oblige the Controller to hold a hearing before using his discretion adversely.
Section 34: directions from the Central Government
"The Controller may, in any case of doubt or difficulty arising in the administration of any of the provisions of this Act, apply to the Central Government for directions in the matter."
- Who: the Controller.
- When: "in any case of doubt or difficulty arising in the administration of any of the provisions of this Act".
- What: he "may" apply to the Central Government for directions.
The section is permissive. It gives no right to a party to ask the Central Government to intervene, and does not say what the Controller does with the directions. It does not say that the directions bind the Controller in a quasi-judicial decision. We leave that point where the text leaves it. See also section 3, under which the Central Government appoints examiners and other officers; our article on section 3 covers the structure.
What these sections do not say
- They do not give the Controller the powers of a civil court for purposes beyond the six listed.
- They do not fix the time within which a hearing must be requested; that is "prescribed".
- They do not say how the Controller's discretionary decision may be challenged; appeals are given by specific sections (5(4), 19(2), 31(3) and 35(2)).
- They do not name any scale of costs; the Rules do.
Illustration (invented)
Solace Seating Pvt. Ltd. applies to register a woven stool. The Controller, after the examiner's report, intends to refuse registration, a discretionary power under section 5(4). Before he does so, Solace asks within the prescribed time to be heard. Under section 33, he must give Solace an opportunity of being heard before refusing. At the hearing, Solace files an affidavit and calls a witness whom the Controller can compel to attend under section 32.
In another matter, a cancellation petitioner, Birch Interiors, is awarded costs against the registered proprietor. The Controller's award is executable in any court with jurisdiction as if it were a decree (section 32). If the Controller were uncertain how a provision applied to a novel type of article, he could apply to the Central Government for directions under section 34.
Need help in a Controller's hearing?
A hearing can be decisive, and the request for it must be made in time. Our design objection reply team prepares the request, the affidavit and the arguments, and handles any costs question.
Key takeaways
- The Controller has civil court powers to receive evidence, administer oaths, enforce attendance, compel discovery and production, issue commissions and award costs.
- Costs awarded by the Controller are executable in any court having jurisdiction as if a decree.
- He must not use a discretionary power adversely to an applicant for registration without a hearing, if the applicant requires one within the prescribed time.
- In case of doubt or difficulty he may apply to the Central Government for directions.
- The time to ask for a hearing and the scale of costs are in the Rules, not in the Act.
Read next
- Sections 35–36: refusal on public order and appeals to High Court
- Sections 37–41: evidence, certificates, service by post and declarations
- Rule 43: scale of costs before the Controller
- Design registration process: application to certificate
Disclaimer: Based on the Designs Act, 2000 as enacted, as consulted on 1 October 2026. Forms, fees and procedure are set by the Designs Rules, 2001 as amended from time to time. This article is general information, not legal advice; check the official text before acting.