Chapter II - Registration of Designs
Section 3
Section 3: Controller and other officers
Section 3 establishes the Controller of Designs and the officers who can perform authorised functions. It also explains how a pending matter may be withdrawn or transferred within that administrative structure.
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Need advice on Section 3?
This article is for general information. Refer to the Designs Act, 2000 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) The Controller-General of Patents, Designs and Trade Marks appointed under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall be the Controller of Designs for the purposes of this Act.
(2) For the purposes of this Act, the Central Government may appoint as many examiners and other officers with such designations as it thinks fit.
(3) Subject to the provisions of this Act, the officers appointed under sub-section (2) shall discharge under the superintendence and directions of the Controller such functions of the Controller under this Act as he may, from time to time, by general or special order in writing, authorise them to discharge.
(4) Without prejudice to the generality of the provisions of sub-section (3), the Controller may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another officer appointed under sub-section (2) who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred.
Rule and business relevance
The Central Government may appoint examiners and other officers. They discharge authorised Controller functions under the Controller's superintendence and directions through written general or special orders. A written, reasoned order may withdraw a matter for the Controller or transfer it to another officer, with the permitted starting stage stated by the provision and directions.
Limits and related provisions
Appointment as an officer does not itself establish unlimited authority over every proceeding. Authorisation, supervision and any specific transfer directions matter. This section does not guarantee that a transferred matter must always restart from the beginning.
Hypothetical business example
Hypothetical: a pending application is transferred to another officer. The applicant checks the written order and stage from which the officer will proceed, rather than automatically repeating the entire examination or ignoring earlier directions.
Practical decision flow
Identify the officer handling the design matter and the relevant administrative authority.
Read any written authorisation, withdrawal or transfer order and its reasons and directions.
Continue compliance at the applicable stage and preserve the procedural record for any challenge.
Practical checklist
Do
- Identify the officer handling the design matter and the relevant administrative authority.
- Read any written authorisation, withdrawal or transfer order and its reasons and directions.
- Continue compliance at the applicable stage and preserve the procedural record for any challenge.
Avoid
- Appointment as an officer does not itself establish unlimited authority over every proceeding. Authorisation, supervision and any specific transfer directions matter. This section does not guarantee that a transferred matter must always restart from the beginning.
Glossary
- De novo
- Beginning afresh, where the statutory power and order permit that approach.
- Authorised function
- A function entrusted through the written authorisation contemplated by Section 3.
Frequently asked questions
Can officers other than the Controller handle functions?
Yes, within the Act and the Controller's written authorisation, superintendence and directions.
Must a transferred matter always begin again?
No. The provision permits dealing with it afresh or from the stage of withdrawal or transfer, subject to the applicable order.
Must withdrawal or transfer under subsection (4) be in writing?
Yes. It requires a written order with reasons recorded.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026