Chapter VII - Powers and Duties of Controller
Section 32
Section 32: Powers of Controller in proceedings under Act
Section 32 gives the Controller specified civil-court powers for proceedings under the Designs Act. These powers support evidence gathering, witness examination and costs within that proceeding.
On this page
Need advice on Section 32?
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
Subject to any rules made 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.
Rule and business relevance
Subject to applicable rules, the listed powers cover receiving evidence, administering oaths, enforcing witness attendance, discovery and document production, commissions for examining witnesses and awarding costs. A costs award is executable in a court with jurisdiction as if it were that court's decree.
Limits and related provisions
The section does not confer every civil-court jurisdiction on the Controller or itself authorise an unrestricted piracy-damages suit before that officer. Requests for evidence or costs must relate to the proceeding and applicable rules; enforcement belongs before a competent court.
Hypothetical business example
Hypothetical: a party in a design proceeding seeks production of a relevant document and later receives a costs award. It uses the Controller's procedural powers for the document request and identifies a court with jurisdiction for execution of the award.
Practical decision flow
Identify the pending Designs Act proceeding and the procedural power needed.
Support the request with its relevance and comply with applicable procedural rules and directions.
If enforcing a costs award, obtain the award record and assess the competent execution court.
Practical checklist
Do
- Identify the pending Designs Act proceeding and the procedural power needed.
- Support the request with its relevance and comply with applicable procedural rules and directions.
- If enforcing a costs award, obtain the award record and assess the competent execution court.
Avoid
- The section does not confer every civil-court jurisdiction on the Controller or itself authorise an unrestricted piracy-damages suit before that officer. Requests for evidence or costs must relate to the proceeding and applicable rules; enforcement belongs before a competent court.
Glossary
- Discovery
- The procedural process for obtaining relevant information or documents.
- Executable costs award
- A costs award enforceable in a court with jurisdiction as described by Section 32.
Frequently asked questions
Can the Controller compel production of documents?
Yes, for the proceedings and subject to the rules contemplated by this section.
Is the Controller given every civil-court power?
No. Section 32 enumerates particular procedural powers.
Can an award of costs be enforced?
Yes. The section states that it is executable in a court having jurisdiction as if it were that court's decree.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026