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Start Free TrialState Emblem of India (Prohibition of Improper Use) Act, 2005 Complete Act
Title: State Emblem of India (Prohibition of Improper Use) Act, 2005
State: Central
Year: 2005
Preamble1 - STATE EMBLEM OF INDIA (PROHIBITION OF IMPROPER USE) ACT, 2005 Section1 - Short title, extent, application and commencement Section2 - Definitions Section3 - Prohibition of improper use of emblem Section4 - Prohibition of use of emblem for wrongful gain Section5 - Prohibition of registration of certain companies, etc. Section6 - General powers of Central Government to regulate use of emblem Section7 - Penalty Section8 - Previous sanction for prosecution Section9 - Savings Section10 - Act to have overriding effect Section11 - Power to make rules ScheduleI - SCHEDULE AppendixI - APPENDIX I AppendixII - APPENDIX II
List Judgments citing this sectionState Emblem of India (Prohibition of Improper Use) Act, 2005 Preamble 1
Title: State Emblem of India (Prohibition of Improper Use) Act, 2005
State: Central
Year: 2005
THE STATE EMBLEM OF INDIA (PROHIBITION OF IMPROPER USE) ACT, 2005 [Act, No. 50 of 2005] [20th December, 2005.] PREAMBLE An Act to prohibit the improper use of State Emblem of India for professional and commercial purpose 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:--
View Complete Act List Judgments citing this sectionState Emblem of India (Prohibition of Improper Use) Act, 2005 Schedule I
Title: Schedule
State: Central
Year: 2005
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 centre, 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.
View Complete Act List Judgments citing this sectionState Emblem of India (Prohibition of Improper Use) Act, 2005 Section 6
Title: General Powers of Central Government to Regulate Use of Emblem
State: Central
Year: 2005
(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 the State Government 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 Governments; (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 Governments; (d) to provide for guidelines for display of emblem on public buildings in India, the diplomatic missions and on the buildings occupied by the India's consulates abroad; (e) to specify conditions for the use of emblem for various.....
View Complete Act List Judgments citing this sectionState Emblem of India (Prohibition of Improper Use) Act, 2005 Section 3
Title: Prohibition of Improper Use of Emblem
State: Central
Year: 2005
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.
View Complete Act List Judgments citing this sectionState Emblem of India (Prohibition of Improper Use) Act, 2005 Section 1
Title: Short Title, Extent, Application and Commencement
State: Central
Year: 2005
(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 date1 as the Central Government may, by notification in the Official Gazette, appoint. ___________________________________ 1. Effective from 12.09.2007 as per Notification No. SO1526(E) dated 12.09.2007
View Complete Act List Judgments citing this sectionState Emblem of India (Prohibition of Improper Use) Act, 2005 Section 2
Title: Definitions
State: Central
Year: 2005
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.
View Complete Act List Judgments citing this sectionState Emblem of India (Prohibition of Improper Use) Act, 2005 Section 4
Title: Prohibition of Use of Emblem for Wrongful Gain
State: Central
Year: 2005
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.
View Complete Act List Judgments citing this sectionState Emblem of India (Prohibition of Improper Use) Act, 2005 Section 5
Title: Prohibition of Registration of Certain Companies, Etc.
State: Central
Year: 2005
(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 a patent in respect of an invention which bears a title containing the emblem. (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.
View Complete Act List Judgments citing this sectionState Emblem of India (Prohibition of Improper Use) Act, 2005 Section 7
Title: Penalty
State: Central
Year: 2005
(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.
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