Emblems and Names (Prevention of Improper Use) Act, 1950

[12 of 1950]

[As amended up to date]

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 the 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 trade mark or design, any name or emblem specified in the Sched­ule or any colourable imitation thereof without the previous permission of the Central Government or 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 such 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 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.

           

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

(2)        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 sessions aforesaid, both Houses 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.

 

The Schedule

[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 other 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 Uniform 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 of 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 a 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 Organisation.

9.         The name or pictorial representation of Rashtrapati, Rashtra­pati Bhavan, Raj Bhavan.

9A.      The name or pictorial representation of Mahatma Gandhi, Pandit Jawaharlal Nehru, Shrimati Indira Gandhi, Chatrapti Shi­vaji Maharaj or the Prime Minister of India or the words ‘Gandhi’, ‘Nehru’ or ‘Shivaji’, except the pictorial use thereof on calendars where only the names of the manufacturers and printers of the calendars are given and the calendars are not used for advertising goods.

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 of the miniatures or replicas thereof.

11.       The name, emblem or official seal of the International Civil Aviation Organisation.

12.       The word “Interpol” which is an integral part of the Interna­tional Criminal Police Organisation.

13.       The name, emblem or official seal of the World Meteorological Organisation.

14.       The name and emblem of the Tuberculosis Association of India.

15.       The name, emblem and official seal of the International Atomic Energy Agency.

16.       The names of “Ashoka Chakra” or “Dharma Chakra” or the picto­rial representation of Ashoka Chakra as used in the Indian Na­tional Flag or in the official seal or emblem of the Government of India or of any State Government or of a Department of any such Government.

17.       The name of the Parliament or the Legislature of any State, or the Supreme Court, or the High Court of any State, or the Central Secretariat, or the Secretariat of any State Government or any other Government Office or the pictorial representation of any building occupied by any of the aforesaid institutions.

18.       The name and emblem of the Rama Krishna Math and Ramakrishna Mission consisting of a swan floating on waters, with a Lotus in the foreground and the rising sun in the background, the whole being encircled by a hooded serpent, with the words  superimposed on the bottom portion.

19.       The name and emblems of the Sri Sarda Math and Ramakrishna Sarda Mission consisting of a swan (facing right) floating on waters, with a Lotus in the foreground and the rising sun in the background, the whole being encircled by a wild serpent (facing right) with the words  superimposed on the bottom portion.

20.       The name of ‘The Bharat Scouts and Guides’ with its ‘Emblem’.

21.       The name and emblem of the International Olympic Committee consisting of five inter-laced rings.

22.       The name and the emblem of the National Youth Emblems which is in black and white and carries the profiles of the faces of two onward looking young persons—male and female—inscribed within a circle. Both faces are turning towards the right and the profile of the male face is in black and is situated behind that of the female face. The back of profile of the female face forms the tail and wing of a dove flying in the opposite direction with its beak extending outside the circle and carrying a twig with leaf. The profile of the dove is in white and the balance space of the profile of the female face is covered with horizontal lines in black. The space between the black profile of the male face and the circle is also covered by hori­zontal lines in black. The space in between the profile of the dove and the circle to the left of the dove is also in black. The leaf and twig is in black. One eye of the dove is shown in the form of a dot.

[23.      The name of Sri Sathya Sai Central Trust and its two emblems described below :

(i)     In the middle, it has a lotus flame that is spreading light of goodwill in all directions. Five universal human values—Truth, Right Conduct, Peace, Love and Non-violence are placed in the outer circle. These are universal values that are common to all faiths and beliefs. The emblem has no specific colour stipulation.

(ii)    This emblem is a Sarvadharma (multi-religious) Symbol and equality of all religions symbol. It depicts symbols of major world religions—Om-in Sanskrit/Devnagri (Hinduism and Sikhism), Cross (Christianity), Crescent & Star (Islam), Fire (Zoroastrianism), and Wheel (Dharma Chakra revered by Budhists & Jains). All signs are placed in a circle signifying their equality. In the middle circle, there is a Lotus Flame that signified Purity, Virtue and Character. This emblem is used in various colours and no specific colour is officially notified.]

[24.      The name of “Sri Sathya Sai”.]

[26.          The logo/emblem of the NHRC described below :

(i)     The logo features the Ashoka Chakra at its heart. The petals in the upper half of the Chakra, which is derived from the national flag, change to brilliant orange rays radiating upwards and outwards. Like the sun’s rays, these too are indicative of hope and movement with a far-reaching penetrating quality. The rays benefit all, without distinction, and are not subject to limitations of any kind. The entire symbol is guarded by two side arms which seem to seize it and protect it, thereby sug­gesting universal love and hope - qualities which are the birth­right of all mankind.

(ii)            The Sanskrit quotation “Sarve Bhavantu Sukhinah” is also incorporated in the logo.]