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