#THE EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT, 1950 
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##ARRANGEMENT OF SECTIONS 
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SECTIONS 

1. Short title, extent, application and commencement. 
2. Definitions. 
3. Prohibition of improper use of certain emblems and names. 
4. Prohibition of registration of certain companies, etc. 
5. Penalty. 
6. Previous sanction for prosecution. 
7. Savings. 
8. Power of the Central Government to amend the Schedule. 
9. Power to make rules. 
THE SCHEDULE. 



#THE EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT, 1950 

##ACT NO. 12 OF 1950

[1st March, 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:— 

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 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. 

2. **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. 

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 any invention which bears a title containing any emblem or name, 
if 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. 

5. **Penalty.**—Any  person  who  contravenes  the  provisions  of  section 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. 

7. **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. 

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 has been made by this Act. 

9. **Power to make rules.**— [^1][(1)]  The  Central  Government  may,  by  notification  in  the  Official 
Gazette, make rules to carry out the 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.] 

[^1]. Section 9 renumbered as sub-section (1) thereof by Act 4 of 1986, s. 2 and the Schedule (w.e.f. 15-5-1986). 
[^2]. Ins. by s. 9, ibid. (w.e.f. 15-5-1986). 



###THE SCHEDULE 

*[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  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, 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. [^1][The  name  or  pictorial  representation  of  Mahatma  Gandhi [^2][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 name of the manufacturers and printers of the 
calendars are given and the calendars are not used for advertising goods.]] 

[^3][9B. The name or pictorial representation of  “Shri Lal Bahadur Shastri”.] 

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.



[^1]. Subs. by notification No. S.O. 1503, dated the 8th April, 1970. 
[^2]. Ins. by notification No. S.O. 239(E), dated the 27th March, 1964. 
[^3]. Ins. by Notification No. S.O. 448(E), dated the 28th February, 2011. 

 
                                                           
 
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  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.

[^6][18. The name and emblem of the Rama Krishna Math and 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 wild serpent (facing right) with the words [“त�ो �ंस: �चोदयात”] superimposed on the bottom portion.] 

[^7][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 
[“त�ो �ंस: �चोदयात”] superimposed on the bottom portion.] 

[^8][20. The name of The Bharat Scouts and Guides’ with its ‘Emblem’.] 

[^9][21. The  name  and  emblem  of  the  International  Olympic  Committee  consisting  of  five  inter-laced 
rings.] 

[^10][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.] 

[^11][(23) [^12][The name and emblem of the Auroville consisting of two concentric circles; the inner circle 
is joined to the outer circle with five equidistant radial lines to form five petals; one of the radial lines is 
oriented  vertically  downwards.  An  inner  dot  is  placed  at  the  center  of  the  symbol.  The  petals  may  be 
shaded in orange or any other colour, or may be unshaded.] 

[^1][24. 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  (Hindusim  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  &  Character.  This  emblem  is  used  in  various  colours  and  no 
specific colour is officially notified.] 

[^2][25. The name of Sri Sathya Sai.] 

[^3][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 raise 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.] 

[^4][27. The name "National Human Rights Commission" and its abbreviation 'NHRC/'nhrc’.] 

[^5][28. The  Names  and  Emblems  of  Federation  Internationale  de  Football  Association  (FIFA)  and 
Federation of Internationale de Football Association (FIFA) Under 17-World Cup described below:- 

The  Emblem  of  FIFA  of  the  letter  FIFA  in  blue  on  a  white  background.  The  letter  FIFA  are  the 
acronym of Federation Internationale de Football Association.] 



[^1]. Ins. by S.O. 77 (E), dated the 15 th January, 2004, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated the 15th 
January, 2004. 
[^2]. Ins. by S.O. 578 (E), dated the 14 th May, 2004, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated the 14th 
May, 2004. 
[^3]. Ins. by S.O. 1323 (E), dated 3rd December, 2004, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii), dated the 3rd 
December, 2004. 
[^4]. Ins. by Notification No. S.O. 458(E), dated 10th March, 2008. 
[^5]. Ins. by Notification No. S.O. 2764(E), dated 13th September, 2013. 
[^6]. Added by notification No. S.O. 2356, dated the 4th August, 1973, ibid., 1973, Part II, s. 3(ii). 
[^7]. Added by notification No. S.O. 2697, dated the 11th September, 1973, ibid., 1973, Part II, s. 3(ii). 
[^8]. Added by notification No. S.O. 1841, dated the 10th July, 1974, ibid., 1974, Part II, s. 3(ii). 
[^9]. Added by Notification No. S.O. 2457, dated the 18th August, 1978. 
[^10]. Ins. by S.O. 373 (E), dated 23rd June, 1986. 
[^11]. Ins. by Notification No. S.O. 593 (3), dated the 22nd July, 1999. 
[^12]. Subs. by S.O. 276 (E), dated the 28 th March, 2000 published in the Gazette of India, Extra., Pt. II, Sec. 3 (ii), dated the 
28th March, 2000. 