THE EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT, 1950 (XII OF 1950)
An Act to prevent the improper use of certain emblems and names for
professional and commercial purposes.
Be it enacted by Parliament
as follows :-
1. Short
title, extent, application and commencement.‑ (1)
This Act may be called the Emblems and Names (Prevention of Improper Use) Act, 1950. (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. Definitions.‑
In this Act, unless the context otherwise requires‑(a)
"emblem" means any emblem, seal, flag, insignia, coat of arms or pictorial representation
specified in the Schedule; (b) "competent
authority" means any authority competent under any law for the time being
in force, to register any company, firm, or other body of persons or any trade‑mark
or design or to grant a patent; (c) "name" includes any abbreviation
of a name.
3. Prohibition
of improper use of certain emblems and names.‑ Notwithstanding
anything contained
in any law for the time being in force, no person shall, except in such cases
and under such conditions as may be prescribed by the Central Government, use
or continue to use, for the purpose of any trade, business, calling or
profession, or in the title of any patent, or in any trademark or design, any
name or emblem specified in the Schedule or any colourable imitation thereof
without the previous permission of the Central Government or of such officer of
Government as may be authorised in this behalf by the Central Government.
4. Prohibition
of registration of certain companies etc.‑ (1)
Notwithstanding anything contained in any law for the time being in force, no competent
authority shall‑(a) register any company, firm or other body of persons
which bears any name; or (b) register
a trade‑mark or design which bears any emblem or name; or (c) grant a
patent in respect of an invention which bears a title containing any emblem or
name, the use of which name or emblem is in contravention of section 3. (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 may refer the question to the Central Government, and the
decision of the Central Government thereon shall be final.
5. Penalty.‑ Any person who contravenes
the provisions of section 3 shall be punishable with fine which may extend to
five hundred rupees.
6. Previous
sanction for prosecution.‑ 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 authorised in this behalf
by a general or special order of the Central Government.
7. Savings.‑ Nothing in this Act shall
exempt any person from any suit or other proceeding which might apart from this
Act be brought against him.
8. Power
of the Central Government to amend the Schedule.‑ The
Central Government may, by notification in the Official Gazette, add to or alter the schedule
and any such addition or alteration shall have effect as if it had been made by
this Act.
9. Power
to make Rules.‑ The Central Government may, by notification
in the Official Gazette, make Rules to carry out the purposes of this Act.
[See Sections 2(a) and 3]
1. The name, emblem or official seal of
the United Nations Organization. 2. The name, emblem or official seal of the
World Health Organization. 3. The Indian National Flag. 4. The name, emblem or
official seal or emblem of the Government of India or of any State or any
insignia or coat of arms used by any such Government or by a Department of any
such Government. 5. The emblems of the St. John's Ambulance Association (India)
and the St. John's Ambulance Brigade (India) consisting of the device of a
white eight pointed cross embellished in the four principal angles
alternatively with a lion passant Quadrant and a Uni Com passant whether or not
the device is surrounded or accompanied by concentric circles or other
decoration or by lettering. 6. The name, emblem or official seal of the
President, Governor, Sadar‑i‑Riyasat or Republic or Union of India.
7. Any name which may suggest or be calculated to suggest (i) the patronage of
the Government of India or the Government of State or (ii) connection with any
local authority or any corporation or body constituted by the Government under
any law for the time being in force. 8. The name, emblem or official seal of
the United Nations Educational, Scientific and Cultural Organizations. 9. The
name or pictorial representation of Rashtrapati, Rashtra Bhavan, Rashtrapati
Bhavan, Raj Bhavan. (9a). The name or pictorial representation of Mahatma
Gandhi or the Prime Minister of India. 10. The medals, badges or decorations
instituted by the Government from time to time or the miniatures or replicas of
such medals, badges or decorations or the names of such medals, badges or
decorations or the miniatures or replicas thereof 11. The name, emblem or the
official seal of the International Civil Aviation Organization. 12. The word
(Interpol) which is an integral part of the International Criminal Police Organization.
13. The name, emblem or official seal of the World Meteorological Organization.