Section 47 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 47 is the source of the Designs Rules, 2001. Sub-section (1) lets the Central Government, by notification in the Official Gazette, make rules "for carrying out the purposes of this Act". Sub-section (2) lists matters, clauses (a) to (ze), on which rules may in particular be made. Sub-section (3) requires previous publication, and sub-section (4) requires every rule to be laid before Parliament for a total of thirty days. Whenever the Act says "as prescribed", this is the power behind it. For help in finding the rule that governs your step, a legal consultation can save time.
The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of the Act. Sub-section (2) lists matters (a) to (ze) in particular: forms, manner of filing, time limits, classification, fees, publication particulars, marking, inspection, assignments and licences, rectification, Controller's proceedings, hearing time, appeal fee and any other prescribed matter. Rules must be made after previous publication and laid before each House for thirty days; Parliament may modify or annul them, without prejudice to things already done.
Sub-section (1): the general power
"The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act."
The Designs Rules, 2001 were made under this power. The notification in our rules source recites that a draft was published, that objections and suggestions were invited and considered, and that the rules were made "in exercise of the powers conferred by section 47". See our sibling article on rules 1 and 2 for the Rules' own opening provisions.
Sub-section (2): the listed matters
The sub-section begins: "In particular, and without prejudice to the generally of the forgoing power, such rules may provide for all or any of the following matters, namely:-". (The text prints "generally" for "generality" and "forgoing" for "foregoing".) The list is therefore illustrative: it does not cut down the general power in sub-section (1).
The clauses are grouped below by topic. Each shows the clause letter and the section of the Act it serves.
Application and registration
| Clause | Matter | Section served |
|---|---|---|
| (a) | Form of application, manner of filing at the Patent Office, and the fee to accompany it | 5(2) |
| (b) | Time within which registration is to be effected | 5(5) |
| (c) | Classification of articles for registration | 6(1) |
| (d) | Particulars of design to be published and manner of publication | 7 |
| (e) | Manner of making a claim | 8(1) |
| (f) | Manner of making an application to the Controller | 8(5) |
| (g) | Additional matters to be entered in the register, and safeguards for a computer register | 10(1) |
Copyright term, extension and restoration
| Clause | Matter | Section served |
|---|---|---|
| (h) | Manner of making application and fee for extension of the period of copyright | 11(2) |
| (i) | Manner of making application for restoration and fee | 12(1) |
| (j) | Manner of verification of the statement in a restoration application | 12(2) |
| (k) | Additional fee to be paid for restoration | 13(1) |
| (l) | Provisions subject to which the registered proprietor's right shall be, after restoration | 14(1) |
Specimens and marking
| Clause | Matter | Section served |
|---|---|---|
| (m) | Number of exact representations or specimens to be furnished to the Controller | 15(1)(a) |
| (n) | Mark, words or figures denoting that the design is registered | 15(1)(b) |
| (o) | Rules to dispense with or modify marking for a class or description of articles | 15(2) |
Inspection, information and copies
| Clause | Matter | Section served |
|---|---|---|
| (p) | Fee and manner of inspection | 17(1) |
| (q) | Fee for a certified copy of a design | 17(2) |
| (r) | Fee for the Controller's information | 18 |
| (s) | Form for notice to the Controller of an exhibition | Proviso (a) to 21 |
Fees and register matters
| Clause | Matter | Section served |
|---|---|---|
| (t) | Fees for registration of designs, applications and other matters | 24(1) |
| (u) | Fee for a certified copy of an entry in the register | 26 |
| (v) | Fee for a request in writing to correct a clerical error | 29 |
Assignments, licences and rectification
| Clause | Matter | Section served |
|---|---|---|
| (w) | Form of application for registration as proprietor, and the manner of making the entry | 30(1) |
| (x) | Form of application for title, and the manner of entering notice of the interest | 30(2) |
| (y) | Manner of filing the application for registration and of applying for extension of time | 30(3) |
| (z) | Manner of making application for rectification | 31(1) |
| (za) | Manner in which notice of rectification is served on the Controller | 31(4) |
Controller's proceedings, hearing and appeal
| Clause | Matter | Section served |
|---|---|---|
| (zb) | Rules regulating proceedings before the Controller | 32 |
| (zc) | Time to be granted to applicants for being heard | 33 |
| (zd) | Fee to accompany an appeal | 36(1) |
Residuary
| Clause | Matter |
|---|---|
| (ze) | "Any other matter which is required to be, or may be, prescribed" |
The count: clauses (a) to (z) are twenty-six, then (za), (zb), (zc), (zd) and (ze) make thirty-one in all. Clause (g) ends with a full stop in the printed text where a semicolon is expected; it is a punctuation slip only.
Points to notice
- Fees appear often. Fee heads are named in (a), (h), (i), (k), (p), (q), (r), (t), (u), (v) and (zd). The Act states no amount for any; see our article on section 24.
- Sections 4 and 22 have no rule clause. Nothing in the list is aimed at the substantive bars in section 4 or at the piracy sums in section 22.
- Clause (zd) speaks of "the fee to be accompanied with an appeal under sub-section (1) of section 36". Section 36 itself says nothing of a fee; the text leaves it to the rules.
Sub-section (3): previous publication
"The power to make rules under this section shall be subject to the conditions of the rules being made after previous publication."
The Central Government must publish draft rules first; only then may the rules be made. The text does not say for how long, or how objections are to be handled. The rules notification in our source records a draft published on 29 November 2000 and objections invited up to 4 January 2001, but those are facts about one set of rules, not requirements of the Act.
Sub-section (4): laying before Parliament
"Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid, both House agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Act."
Step by step:
- Laid before each House "as soon as may be" after it is made.
- For a total of thirty days, in one session or in two or more successive sessions.
- Before the end of the session immediately following, both Houses may agree to modify the rule, or agree that it should not be made.
- If so, the rule has effect only in the modified form or is of no effect.
- Anything previously done under the rule remains valid.
When you see "prescribed" in the Act, look in the Rules; forms and fees change from time to time, so check the current Rules before you file.
Illustration (invented)
Okra Studio, a design house, wants to know the fee for extending the copyright of a registered chair design. Section 11(2) says "the prescribed fee". The studio looks at section 47(2)(h), which lists the manner and fee for extension as a matter for rules, and then reads the matching rule in the current Designs Rules, 2001.
Need help finding the rule behind a "prescribed" step?
Our legal consultation team can map any step of your design file to the section of the Act, the matching clause of section 47(2) and the current rule or form.
Key takeaways
- The Central Government may make rules by notification in the Official Gazette for carrying out the purposes of the Act.
- Sub-section (2) lists matters (a) to (ze), illustratively, covering forms, fees, time limits, classification, publication, marking, inspection, assignments, rectification, Controller's proceedings, hearing time and appeal fee.
- Rules must be made after previous publication.
- Every rule must be laid before each House of Parliament for thirty days; Parliament may modify or annul it, without prejudice to things already done.
- Where the Act says "prescribed", the answer is in the Designs Rules, 2001 as amended.
Read next
- Section 24: fees
- Section 48: repeal of Designs Act, 1911 and savings
- Rules 1–2: short title, commencement and definitions
- Design registration fee schedule: all categories
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.