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EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT, 1950
12 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
SECTION 01: 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.
SECTION 02: 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.
SECTION 03: 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 behall by the Central Government.
SECTION 04: 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 any 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.
SECTION 05: PENALTY
Any person who contravenes the provisions of section 3-shall be punishable with fine which may extend to five hundred rupees.
SECTION 06: 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.
SECTION 07: 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.
SECTION 08: 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 has been made by this Act.
SECTION 09: POWER TO MAKE RULES
1[(1 )] The Central Government may, by notification in the Official Gazette, make rules to carry out purposes of this Act.
2[(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.]
SCHEDULE 01 THE SCHEDULE
[See sections 2(a)-and3-] 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 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 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, Chatrapati 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 "Ashoka Chakra" or "Dharma Chakra" or the pictorial repre- sentation 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 Emblem 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.
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