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02/09/2021

THE STATE EMBLEM OF INDIA (PROHIBITION OF IMPROPER USE) ACT, 2005
ACT NO. 50 OF 2005
[20th December, 2005.]
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:—
1. Short title, extent, application and commencement.—(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.
2. Definitions.—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.
3. Prohibition of improper use of emblem.—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.
4. Prohibition of use of emblem for wrongful gain.—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.
5. Prohibition of registration of certain companies, etc.—

24/08/2021