Sections 45 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.
Section 45 requires the Central Government to place before both Houses of Parliament, once a year, a report on how the Act has been carried out by or under the Controller. Section 46 deals with national security: notwithstanding anything in the Act, the Controller must not disclose information about a design registration or application that he considers prejudicial to the security of India, and must take such action on cancellation of registration as the Central Government specifies by notification in the interest of the security of India. A design owner whose product could touch military use should read section 46 early. For questions on how these sections apply to your file, a legal consultation is a sensible start.
s.45: the Central Government must place before both Houses of Parliament once a year a report respecting the execution of the Act by or under the Controller. s.46: notwithstanding anything in the Act, the Controller shall (a) not disclose any information relating to the registration of a design or any application that he considers prejudicial to the security of India, and (b) take action regarding cancellation of registration of such designs as the Central Government specifies by notification in the interest of the security of India. "Security of India" covers designs applied to articles used for war, or for military establishments, or in war or other emergency in international relations.
Section 45: the annual report
"The Central Government shall cause to be placed before both House of Parliament once a year a report respecting the execution of this Act by or under the Controller."
(The text prints "both House" for "both Houses".)
| Element | What the text says |
|---|---|
| Who | The Central Government "shall cause" it to be placed |
| Where | Before both Houses of Parliament |
| How often | "Once a year" |
| Subject | "A report respecting the execution of this Act by or under the Controller" |
The text does not say who writes the report (the Controller is the natural source, but the section leaves it open), when in the year it is to be placed, or what it must contain. It does not say how it is to be made available to the public. It is silent on all of these.
The link with section 27
Section 27 says reports of or to the Controller made under the Act "other than the report referred to in section 45" shall not be published or be open to public inspection. So the section 45 report is the one report that is not under that bar. See our article on sections 25–29. The effect: other Controller reports, such as an examiner's report, stay private; the annual report goes to Parliament.
Section 46: protection of security of India
The text
"Notwithstanding anything contained in this Act, the Controller shall-
(a) Not disclose any information relating to the registration of a design or any application relating to the registration of a design under this Act, which he considers prejudicial to the interest of the security of India; and
(b) take any action regarding the cancellation of registration of such designs registered under this Act which the Central Government may, by notification in the Official Gazette, specify in the interest of the interest of the security of India."
(The phrase "the interest of the interest of the security of India" in clause (b) repeats "the interest of"; read it as "in the interest of the security of India". The Explanation also prints "Indian" for "India".)
Notwithstanding the rest of the Act
The opening words, "Notwithstanding anything contained in this Act", mean section 46 prevails over the other provisions. That is wide. For example, the Act opens the register to public inspection (section 26) and says the design shall be open to public inspection after registration and publication (section 7); section 46(a) overrides these as regards information the Controller considers prejudicial to the security of India. The text does not list which sections are overridden, and we do not do so for it.
Clause (a): non-disclosure
The Controller shall not disclose "any information relating to the registration of a design or any application relating to the registration of a design" that he considers prejudicial to the interest of the security of India.
- The test is the Controller's own consideration: "which he considers prejudicial".
- It covers both registrations and applications.
- It is a duty ("shall"), not a discretion.
- The text does not say how a person who is refused information is to be told the reason, and it gives no appeal against the Controller's view; it is silent.
Clause (b): cancellation on notified action
The Controller shall "take any action regarding the cancellation of registration of such designs" that the Central Government specifies by notification in the Official Gazette in the interest of the security of India. "Such designs" refers to designs registered under the Act that fall within the security concern. The text does not describe the procedure, any hearing or any compensation, and does not link this to section 19. Section 19 lists grounds on which "any person interested" may petition; section 46(b) is a separate route driven by the Central Government's notification. We do not say more than the text says.
Explanation: "security of India"
"For the purposes of this section, the expression 'security of India' means any action necessary for the security of Indian which relates to the application of any design registered under this Act to any article used for war or applied directly or indirectly for the purposes of military establishment or for the purposes of war or other emergency in international relations."
The definition is tied to application of a design registered under this Act to an article:
| Category in the Explanation | Reading |
|---|---|
| Any article used for war | A war-use article |
| Any article applied directly or indirectly for the purposes of a military establishment | Articles for military establishments, whether directly or indirectly |
| Any article applied directly or indirectly for the purposes of war or other emergency in international relations | War or other international emergency |
So the section is about designs applied to those kinds of articles. A kitchen utensil design does not fall in them on these words; a camouflage pattern on equipment for a military establishment might. The text gives no examples and we do not claim any.
Neither section names fees or forms, and whether a notification under section 46(b) has been issued is not in our sources; check the Gazette.
Illustration (invented)
Ridge Gear Pvt. Ltd. designs a patterned casing for a field radio sold to a military establishment, and applies to register the design. The Controller considers that disclosing details of the application would be prejudicial to the security of India. Under section 46(a), he does not disclose the information, even though the register is otherwise open to inspection. Later, suppose the Central Government notifies in the Gazette a class of designs on which it requires cancellation action in the interest of the security of India; the Controller, under section 46(b), takes the action specified. Ridge's competitors cannot learn the details of the application from the Controller, and Ridge's own position on appeal is governed by whatever the Act and the notification provide.
Separately, a student asks how the Act is monitored. Section 45 answers: once a year, the Central Government places a report on the execution of the Act before both Houses.
Need help with a security-sensitive design?
If your product is for defence or emergency use, the order of disclosure, filing and licensing needs care. Our legal consultation team can review the sections that apply and advise before you file or publish.
Key takeaways
- Section 45: the Central Government shall place a report on the execution of the Act before both Houses of Parliament once a year.
- The section 45 report is the one report excepted from the privacy rule of section 27.
- Section 46, notwithstanding anything in the Act, bars the Controller from disclosing information on a registration or application that he considers prejudicial to the security of India.
- He must take cancellation action on such designs as the Central Government specifies by notification in the Official Gazette.
- "Security of India" is tied to designs applied to articles used for war, for military establishments, or for war or other emergency in international relations.
Read next
- Section 47: power of Central Government to make rules
- Section 48: repeal of Designs Act, 1911 and savings
- Introduction to Designs Act 2000: industrial design protection
- Sections 25–29: trusts, inspection of registers, reports and correction of clerical errors
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.