State Emblem of India (Prohibition of Improper Use) Act, 2005

State Emblem of India (Prohibition of Improper Use) Act, 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.
Citation	Act No. 50 of 2005
Enacted by	Parliament of India
Date assented to	20 December 2005
Status: In force

State Emblem of India (Prohibition of Improper Use) Act, 2005 is an Act of Parliament of India which regulates the improper or commercial usage of the Emblem of India.

Emblem

Main article: Emblem of India

The emblem of India is an adaptation of the Lion Capital of Ashoka at Sarnath. The Emblem constitutes of three lions, the fourth being hidden from view. The Ashoka Chakra (wheel) appears in relief in the center of the abacus, with a bull on the right and a galloping horse on the left, and outlines of Dharma Chakras on the extreme right and left. Forming an integral part of the emblem is the motto inscribed below the abacus in Devanagari script: Satyameva jayate सत्यमेव जयते (English: Truth Alone Triumphs).^[1] This is a quote from Mundaka Upanishad,^[2] the concluding part of the sacred Hindu Vedas. This National Emblem was adopted on 26 January 1950, the day that India became a republic.^[3]

Prohibitions

No person can use the emblem or any imitation in a manner so as to create an impression that it is associated with or an official document of the Central Government or State Government, as the case may be, without permission of the appropriate government.^[4]
No person can use the emblem for commercial purpose or as a part of patent title, trademark or design except in cases as specified by the Central Government.^[5]
Registration of intellectual property containing the Emblem is prohibited.^[6]
Central Government has the power to regulate and make rules for proper usage of the Emblem.^[7]

Consequences

Creation of a false impression of association with Government is 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 in case of a 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.^[8]
Commercial usage of the Emblem is punishable 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.^[9]

Usage

The official seal shall have the Emblem enclosed in an oval or a round frame, with the name of the ministry or department written within the frame.^[10]
State Government can use the Emblem or a part of it after taking permission from the Central Government.^[11]
The Emblem can be displayed on important government buildings like Rashtrapati Bhawan, Parliament House, Supreme Court and Central Secretariat, Raj Bhavan or Raj Niwas and State Legislature, High Courts and Secretariat buildings of the States or the Union territories, premises of India’s Diplomatic Mission abroad, Indian consulates abroad.^[12]
Emblem cannot be used by former functionaries of the Government, Commission or Committee, Public Sector Undertaking, Bank, Municipal Council, Panchayat Raj Institution, Parishad, non-government organisation, University.^[13]
The State Emblem of India (Regulation of Use) Rules, 2007 lays down the persons who can use the Emblem in official stationery, on cars, etc.

References

↑ Kamal Dey v. Union of India and State of West Bengal (Calcutta High Court 2011-07-14). Text
↑ "Rajya Sabha Parliamentary Standing Committee On Home Affairs: 116th Report on The State Emblem Of India (Prohibition Of Improper Use) Bill, 2004".
↑ National Emblem of India Archived 29 April 2009 at the Wayback Machine.
↑ Section 3 of State Emblem of India (Prohibition of Improper Use) Act, 2005
↑ Section 4 of State Emblem of India (Prohibition of Improper Use) Act, 2005
↑ Section 5 of State Emblem of India (Prohibition of Improper Use) Act, 2005
↑ Section 6 of State Emblem of India (Prohibition of Improper Use) Act, 2005
↑ Section 7(1) of State Emblem of India (Prohibition of Improper Use) Act, 2005
↑ Section 7(2) of State Emblem of India (Prohibition of Improper Use) Act, 2005
↑ Rule 3 of State Emblem of India (Regulation of Use) Rules, 2007
↑ Rule 4 of State Emblem of India (Regulation of Use) Rules, 2007
↑ Rule 8 of State Emblem of India (Regulation of Use) Rules, 2007
↑ Rule 10 of State Emblem of India (Regulation of Use) Rules, 2007

External links

Text of the Act from the Minister of Home Affairs
The State Emblem Of India (Regulation Of Use) Rules, 2007 from the Minister of Home Affairs

Indian Legislations

Constitution of India (amendments) Indian Penal Code CrPC

In Force

Corruption	Benami Transactions Black Money Corruption Lokpal Mines & Minerals Act 2015 Money Laundering Whistle Blowers

Criminal	Armed Forces (Special Powers) Act Armed Forces Tribunal Act, 2007 Arms Act, 1959 Army Act Criminal Law (Amendment) Act, 2013 Indian Evidence Act Juvenile Justice (Care and Protection of Children) Act, 2015 National Security Act (India) Protection of Women from Domestic Violence Act, 2005 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

Education	National Institutes of Technology Act, 2007 Right of Children to Free and Compulsory Education Act University Grants Commission Act, 1956

Environment	Biological Diversity Act, 2002 Environment Protection Act, 1986 Indian Forest Act, 1927 National Green Tribunal Act Protection of Plant Varieties and Farmers' Rights Act, 2001 The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Wildlife Protection Act, 1972 CAMPA bill Air (Prevention and Control of Pollution) Act

Financial	The High Denomination Bank Notes (Demonetisation) Act, 1978 Aadhaar Act COFEPOSA Depositories Act Expenditure Tax Act, 1987 Fiscal Responsibility and Budget Management Act, 2003 Foreign Contribution Regulation Act Foreign Exchange Management Act Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 The Income-tax Act, 1961 Indian Stamp Act, 1899 Insolvency and Bankruptcy Code Insurance Act, 1938 National Rural Employment Guarantee Act, 2005 Negotiable Instruments Act, 1881 Electricity Act Real Estate (Regulation and Development) Act, 2016 The Competition Act, 2002 Securities Laws (Amendment) Act, 2014 Street Vendors Act, 2014 Urban Land (Ceiling and Regulation) Act, 1976

Healthcare	Central Council of Homoeopathy Act, 1973 Clinical Establishments Act Dentist Act Drugs and Cosmetics Act, 1940 Drugs and Magic Remedies Act Indian Medical Council Act Mental Health Act, 1987 Narcotic Drugs and Psychotropic Substances Act, 1985

Personal	Hindu Adoptions and Maintenance Act (1956) The Hindu Marriage Act, 1955 Hindu Minority and Guardianship Act Hindu Succession Act, 1956 Special Marriage Act, 1954 The Muslim Women (Protection of Rights on Divorce) Act 1986

Social	Child Labour (Prohibition and Regulation) Act Consumer Protection Act, 1986 Essential Commodities Act Essential Services Maintenance Act Indecent Representation of Women (Prohibition) Act National Food Security Act, 2013 Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 Societies' Registration Act The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Unorganised Workers' Social Security Act Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

State Laws	Anti-Superstition and Black Magic Act Chhattisgarh Food Security Act, 2012 Maharashtra Control of Organised Crime Act The Gujarat Local Authorities Laws (Amendment) Bill, 2009 Puducherry Prevention of Anti-Social Activities Act

State Reorganisation	Chattisgarh Jharkhand Punjab States Telangana Uttarakhand

Terrorism	Unlawful Activities (Prevention) Act

Transportation	Aircraft Act Motor Vehicles Act, 1988 National Waterways Act, 2016 Inland Vessels Act Metro Railways Act, 1978 Metro Railway Act, 2002

Organisation / Body	Chartered Accountants Act, 1949 Companies Act 2013 Gram Nyayalayas Act, 2008 Indian Trusts Act, 1882 Panchayats (Extension to Scheduled Areas) Act 1996 Reserve Bank of India Act, 1934

Other	Delimitation Act Enemy Property Act, 1968 Information Technology Act, 2000 Nuclear Liability Act Representation of the People Act, 1951 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Right to Information Act, 2005 State Emblem of India (Prohibition of Improper Use) Act, 2005 The Foreigners Act, 1946

Repealed

Pre-Independence	Age of Consent Act, 1891 Criminal Tribes Act Hindu Widows' Remarriage Act, 1856 Land Acquisition Act 1894 Official Secrets Act (India)

Post-Independence	Anti-Copying Act, 1992 Foreign Exchange Regulation Act Gift Tax Act, 1958 Illegal Migrants (Determination by Tribunal) Act, 1983 Interest Tax Act, 1974 Juvenile Justice (Care and Protection of Children) Act, 2000 Maintenance of Internal Security Act Prevention of Terrorism Act, 2002 Terrorist and Disruptive Activities (Prevention) Act The Gold (Control) Act, 1968 The Monopolies and Restrictive Trade Practices Act, 1969 Wealth Tax Act, 1957

Bills

Proposed	Marriage Laws Amendment Bill Road Transport and Safety Bill Uniform civil code Geospatial Information Regulation Bill Gujarat Control of Organised Crime Act Taxation Laws (Second Amendment) Bill, 2016

Lapsed	Women's Reservation Bill

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