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 VIII of the Act provides for a Layout-Design Appellate Board. Sections 32 to 39 describe how the Board is to be established, who sits on it, who qualifies, how long members serve and how they leave. This article sets out those sections as enacted. The first question, though, is whether they are in force.
This article reflects the Act as amended up to 3 October 2026 (the Act has not been amended since it was enacted in 2000). Check sicldr.gov.in for later notifications.
Commencement: no notification bringing sections 32 to 53 (and 55) into force was found in the India Code record or on the Registry's notifications page (checked 3 October 2026); check the current position before relying on them. This article does not say that the Board exists or hears appeals. As enacted, the Board has a Chairperson, a Vice-Chairperson and other Members, sits in Benches of one Judicial and one Technical Member, and members serve five years or until age sixty-five (Chairperson, Vice-Chairperson) or sixty-two (Members), whichever is earlier.
The commencement position first
Section 1(3) lets the Central Government appoint different dates for different provisions. Three notifications are on record: sections 3 and 5 from 1 May 2004, most other sections from 1 May 2011, and sections 93 and 94 from 15 January 2014. The 2011 list does not include sections 32 to 53 or section 55. So the Board provisions described below are the text of the Act, not a statement that a Board has been set up. The Act names no other forum for appeals from the Registrar. For disputes that depend on the Board, take a legal dispute resolution opinion on the current position first. The full table of notifications is in our article on section 1.
Section 32: establishment
The Central Government "shall, by notification in the Official Gazette, establish an Appellate Board to be known as the Layout-Design Appellate Board to exercise the jurisdiction, powers and authority conferred on it by or under this Act." The establishment is by notification. No such notification was found.
Section 33: composition and Benches
| Sub-section | Content |
|---|---|
| 33(1) | The Board consists of a Chairperson, Vice-Chairperson and other Members as the Central Government deems fit; its powers may be exercised by a Bench |
| 33(2) | A Bench has one Judicial Member and one Technical Member and sits at a place the Government specifies by notification |
| 33(3) | The Chairperson may sit in any Bench, transfer a Member from one Bench to another, and authorise the Vice-Chairperson, a Judicial Member or a Technical Member to discharge functions of the other kind on another Bench |
| 33(4) | The Government may by notification distribute business among Benches; the Explanation says "matter" includes an application or appeal under section 40 or section 42 |
| 33(5) | If Members of a Bench differ, they state the point and refer it to the Chairperson, who hears it or refers it to other Members; the point is decided by the majority of those who have heard the case, including those who first heard it |
Section 34: qualifications and appointment
| Office | Qualification in the text |
|---|---|
| Chairperson (34(1)) | A Judge of a High Court (present or past), or has held the office of Vice-Chairperson for at least two years |
| Vice-Chairperson (34(2)) | Has held the office of Judicial Member or Technical Member for at least two years, or has been a member of the Indian Legal Service and held a post in Grade I or higher for at least five years |
| Judicial Member (34(3)) | Member of the Indian Legal Service holding the Grade I post for at least three years, or held a civil judicial office for at least ten years |
| Technical Member (34(4)) | A Master's Degree in Physics or a Bachelor's Degree in Electronics, Electrical or Computer Engineering from a university or institution established under law; has held a post equivalent to Joint Secretary to the Government of India or higher for at least five years; and has at least five years' experience in the area of semiconductors |
Under 34(5) and (6), the Chairperson, Vice-Chairperson and every other Member are appointed by the President of India, and the Chairperson only after consultation with the Chief Justice of India. These qualification terms are as enacted and the text does not say who currently holds any post.
Section 35: term of office
The Chairperson, Vice-Chairperson or other Member holds office "for a term of five years from the date on which he enters upon his office or until he attains" the age of sixty-five years (Chairperson and Vice-Chairperson) or sixty-two years (Member), "whichever is earlier". The section does not mention reappointment.
Section 36: acting Chairperson
If the office of Chairperson falls vacant by death, resignation or otherwise, the Vice-Chairperson, and in his absence the senior-most Member, acts as Chairperson until a new Chairperson enters upon office. If the Chairperson cannot discharge his functions owing to absence, illness or any other cause, the same order of persons discharges them until he resumes duty.
Section 37: salaries and terms of service
Salaries, allowances and other terms and conditions of service, including pension, gratuity and other retirement benefits, are as prescribed. A person who was in Government service immediately before assuming office is "deemed to have retired from service on the date on which he enters upon" office as Chairperson, Vice-Chairperson or Member. The Act gives no amounts. This article does not state any.
Section 38: resignation and removal
- Resignation (38(1)). By notice in writing to the President of India. Unless the President permits an earlier release, the member continues until three months from the date of receipt of the notice, or until a duly appointed successor enters upon office, or until the term expires, whichever is earlier.
- Removal (38(2)). Only by order of the President of India on the ground of proved misbehaviour or incapacity, after an enquiry by a Judge of the Supreme Court in which the member has been informed of the charges and given a reasonable opportunity of being heard.
- Rules (38(3)). The Central Government may by rules regulate the procedure for investigating misbehaviour or incapacity.
Section 39: staff
The Central Government determines the nature and categories of officers and other employees and provides them. Their salaries, allowances and conditions of service are as prescribed, and they work under the general superintendence of the Chairperson in the manner prescribed.
What this means for a start-up or foundry
The later sections of Chapter VIII give the Board powers on royalty, cancellation, appeals from the Registrar, Government use and rectification. Anyone who reads those sections must read the commencement line above with them: sections 40 to 44, sections 45 to 49 and sections 54 and 55. The Rules also carry Board procedure, covered later in the series.
Need help with a dispute that may reach the Board?
If you face a Registrar's order, a royalty claim or a cancellation application and need to know which forum is open today, our legal dispute resolution team can review the order and the options.
Key takeaways
- No commencement notification was found for sections 32 to 53 and 55.
- As enacted, the Board has a Chairperson, Vice-Chairperson and Members, and sits in two-Member Benches.
- Qualifications are set out for each office; the President appoints, and the Chairperson only after consulting the Chief Justice of India.
- Terms are five years or the age limit (65 or 62), whichever is earlier.
- Removal is only by the President for proved misbehaviour or incapacity after a Supreme Court Judge's enquiry.
Read next
- Sections 40 to 44: royalty, cancellation and appeals
- Sections 45 to 49: interim orders and transfers
- Section 1: commencement table
Disclaimer: Based on the Semiconductor Integrated Circuits Layout-Design Act, 2000 (never amended; commencement as notified in 2004, 2011 and 2014) and the Semiconductor Integrated Circuits Layout-Design Rules, 2001 as amended by G.S.R. 689(E) of 14 September 2012, as consulted on 3 October 2026. Check sicldr.gov.in for later notifications and current forms and fees. This article is general information, not legal advice; check the official text before acting.