THE STATE EMBLEM OF INDIA (PROHIBITION OF IMPROPER USE) ACT, 2005  No. 50 of 2005 (20th December, 2005)  

An Act to prohibit the improper use of State Emblem of India for professional  and commercial purposes and for matters connected therewith or incidental  thereto.  

Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as  follows:-  

Short title,  

extent,  

application and  commencement  

Definitions

Prohibition of  improper use of  emblem.

Prohibition of  use of emblem  for wrongful  gain.  

Prohibition of  registration of  certain  

companies, etc.  

1. (1) This Act may be called the State Emblem of India (Prohibition of  Improper Use) Act, 2005.  

(2) It extends to the whole of India, and also applies to citizens of India outside  India.  

(3) It shall come into force on such date as the Central Government may, by  notification in the Official Gazette, appoint.  

2. In this Act, unless the context otherwise requires,-  

(a) "competent authority" means any authority competent under any law for the  time being in force to register any company, firm, other body of persons or any  trade mark or design or to grant a patent;  

(b) "emblem" means the State Emblem of India as described and specified in the  Schedule to be used as an official seal of the Government.  

3. Notwithstanding anything contained in any other law for the time being in  force, no person shall use the emblem or any colourable imitation thereof in any  manner which tends to create an impression that it relates to the Government or  that it is an official document of the Central Government, or as the case may be,  the State Government, without the previous permission of the Central  Government or of such officer of that Government as may be authorised by it in  this behalf.  

Explanation.- For the purposes of this section, "person" includes a former  functionary of the Central Government or the State Governments.  

4. No person shall use the emblem for the purpose of any trade, business, calling  or profession or in the title of any patent, or in any trade mark or design, except  in such cases and under such conditions as may be prescribed.  

5. (1) Notwithstanding anything contained in any other law for the time being in  force, no competent authority shall,-  

(a) register a trade mark or design which bears the emblem, or  

(b) grant patent in respect of an invention which bears a title containing the  emblem.

1  

General powers  of Central  

Government to  regulate use of  Emblem.  

Penalty  

(2) If any question arises before a competent authority whether any emblem is an  emblem specified in the Schedule or a colourable imitation thereof, the  competent authority shall refer the question to the Central Government and the  decision of the Central Government thereon shall be final.  

6. (1) The Central Government may make such provision by rules as appears to  it to be necessary, to regulate the use of the emblem in official seal that is used in  offices of the Central Government and State Governments and their  organisations including diplomatic missions abroad, subject to such restrictions  and conditions as may be prescribed.  

(2) Subject to the provisions of this Act, the Central Government shall have  powers-  

(a) to notify the use of emblem on stationery, the method of printing or  embossing it on demi-official stationery by the constitutional authorities,  Ministers, Members of Parliament, Members of Legislative Assemblies, officers  of the Central Government and the State Government;  

(b) to specify the design of the official seal consisting of the emblem;  

(c) to restrict the display of emblem on vehicles of constitutional authorities,  foreign dignitaries, Ministers of the Central Government and the State  Government;  

(d) to provide for guidelines for display of emblem on public buildings in India,  the diplomatic missions and on the buildings occupied by India's consulates  abroad;  

(e) to specify conditions for the use of emblem for various other purposes  including the use for educational purposes and the armed forces personnel;  

(f) to do all such things (including the specification of design of the emblem and  its use in the manner whatsoever) as the Central Government considers  necessary or expedient for the exercise of the foregoing powers.  

7(1) Any person who contravenes the provisions of section 3 shall be punishable  with imprisonment for a term which may extend to two years, or with fine which  may extend to five thousand rupees, or with both or, if having been previously  convicted of an offence under this section, is again convicted of any such  offence, he shall be punishable for the second and for every subsequent offence  with imprisonment for a term which shall not be less than six months, which  may extend to two years and with fine which may extend to five thousand  rupees.  

(2) Any person who contravenes the provisions of section 4 for any wrongful  gain shall be punishable for such offence with imprisonment for a term which  shall not be less than six months, which may extend to two years and with fine  which may extend to five thousand rupees.

2  

Previous  

sanction for  

prosecution  

Savings  

Act to have  

overriding effect.    

Power to make  rules.  

8. No prosecution for any offence punishable under this Act shall be instituted,  except with the previous sanction of the Central Government or of any officer  authorized in this behalf by general or special order of the Central Government.  

9. Nothing in this Act shall exempt any person from any suit or other  proceedings which might be brought against him under any other law for the  time being in force.  

10. The provisions of this Act or any rule made thereunder shall have effect  notwithstanding anything inconsistent therewith contained in any other  enactment or instrument having effect by virtue of such enactment.  

11.(1) The Central Government may, by notification in the Official Gazette,  make rules to carry out the purposes of this Act.  

(2) In particular, and without prejudice to the generality of the foregoing powers,  such rules may provide for all or any of the following matters, namely:-  

 (a) cases and conditions regulating the use of emblem under section 4;  

 (b) making rules to regulate the use of the emblem in official seal of the  Government and specifying restrictions and conditions relating thereto under  sub-section (1) of section 6;  

 (c) the use of emblem on stationery, design of official seal consisting of  emblem and other matters under sub-section (2) of section 6;  

 (d) authorising officer by general or special order for giving previous sanction  for instituting prosecution under section 8; and  

 (e) any other matter which is required to be, or may be, prescribed.  

(3) Every rule made under this section 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 sessions 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 rule.

3  

THE SCHEDULE  

[See section 2(b)]  

STATE EMBLEM OF INDIA  

DESCRIPTION AND DESIGN  

The State Emblem of India is an adaptation from the Sarnath Lion Capital of Asoka which is  preserved in the Sarnath Museum. The Lion Capital has four lions mounted back to back on a circular  abacus. The frieze of the abacus is adorned with sculptures in high relief of an elephant, a galloping  horse, a bull and a lion separated by intervening Dharma Chakras. The abacus rests on a bell-shaped  lotus.  

 The profile of the Lion Capital showing three lions mounted on the abacus with a Dharma Chakra  in the center, a bull on the right and a galloping horse on the left, and outlines of Dharma Chakras on the  extreme right and left has been adopted as the State Emblem of India. The Bell-shaped lotus has been  omitted.  

 The motto "Satyameva Jayate" – Truth alone triumphs – written in Devanagari script below the  profile of the Lion Capital is part of the State Emblem of India.  

 The State Emblem of India shall conform to the designs as set out in Appendix I or Appendix II.

4  

Appendix I

Note. - This design is in simplified form and meant for reproduction in small  sizes such as for use in stationery, seals and die-printing.

5  

Appendix II  

Note. - This design is more detailed and meant for reproduction in bigger sizes.

6