Chapter VII - Powers and Duties of Controller
Section 33
Section 33: Discretion and hearing opportunity
Section 33 protects an applicant against an adverse exercise of a discretionary power without the specified opportunity to be heard. The applicant's request within the prescribed time is an express part of that protection.
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Need advice on Section 33?
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
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.
Rule and business relevance
Where the Act gives the Controller discretion, it cannot be exercised adversely to a design-registration applicant without a hearing opportunity if the applicant requires one within the prescribed time. The current rules determine that time and the procedural form of the request.
Limits and related provisions
Do not treat a hearing request as an automatic extension of every other deadline or as a guarantee that the application will succeed. The section's wording concerns the applicant, an adverse discretionary decision and a timely request; other procedural rights may need separate examination.
Hypothetical business example
Hypothetical: an applicant receives an indication of a proposed adverse discretionary decision. It promptly requests a hearing through the prescribed process and prepares submissions, instead of waiting until after refusal to ask for the opportunity.
Practical decision flow
Identify the proposed adverse discretionary decision and the applicable response or hearing period.
Request the hearing within the prescribed time and retain delivery evidence.
Prepare the factual and legal submissions and comply with the hearing directions without assuming all other deadlines stop.
Practical checklist
Do
- Identify the proposed adverse discretionary decision and the applicable response or hearing period.
- Request the hearing within the prescribed time and retain delivery evidence.
- Prepare the factual and legal submissions and comply with the hearing directions without assuming all other deadlines stop.
Avoid
- Do not treat a hearing request as an automatic extension of every other deadline or as a guarantee that the application will succeed. The section's wording concerns the applicant, an adverse discretionary decision and a timely request; other procedural rights may need separate examination.
Glossary
- Discretionary power
- A power allowing a decision within the Act's legal limits rather than an automatic outcome.
- Opportunity of being heard
- The procedural opportunity described in Section 33, subject to the timely-request condition.
Frequently asked questions
Does the applicant need to request a hearing?
The statutory condition is that the applicant requires it within the prescribed time.
Does receiving a hearing mean registration is assured?
No. It gives an opportunity to present the case before the adverse exercise of discretion.
How long do I have to request a hearing?
Check the current applicable rules and the communication in the actual proceeding. Make the request within the prescribed time; do not assume a hearing request also extends other deadlines.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026