THE STATE EMBLEM OF INDIA (PROHIBITION OF IMPROPER USE) ACT, 2005 

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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 emblem. 
4.  Prohibition of use of emblem for wrongful gain. 
5.  Prohibition of registration of certain companies, etc. 
6.  General powers of Central Government to regulate use of emblem. 
7.  Penalty. 
8.  Previous sanction for prosecution. 
9.  Savings. 
10.  Act to have overriding effect. 
11.  Power to make rules. 
THE SCHEDULE. 
APPENDIX I. 
APPENDIX II. 

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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 out side 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.—(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 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. 

6.  General  powers  of  Central  Government  to  regulate  use  of  emblem.—(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 Governments and 
their  organisations  including  diplomatic  missions  abroad,  subject  to  such  restrictions  and  conditions  as 
may be prescribed. 

1. 12th September, 2007, vide notification No. S.O. 1526(E) dated 12th September, 2007, see Gazette of India, Extraordinary, Part 

II sec.3(ii). 

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(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 India's consulatesa broad; 

(e) to specify conditions for the use of emblem for various other purposes including the use for 

educational purposes and the armed forces personnel; 

(f)  to  do  all  such things (including  the  specification of  design  of the  emblem  and  its  use  in the 
manner whatsoever) as the Central Government considers necessary or expedient for the exercise of 
the foregoing powers. 

7.  Penalty.—(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. 

8.  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. 

9. Savings.—Nothing in this Act shall exempt any person from any suit or other proceedings which 

might be brought against him under any other law for the time being in force. 

10.  Act  to  have  overriding  effect.—The  provisions  of  this  Act  or  any  rule  made  thereunder  shall 
have  effect  notwithstanding  anything  inconsistent  therewith  contained  in  any  other  enactment  or 
instrument having effect by virtue of such enactment. 

11. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules to carry out the purposes of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  powers,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) cases and conditions regulating the use of emblem under section 4; 

(b)  making  rules  to  regulate  the  use  of  the  emblem  in  official  seal  of  the  Government  and 

specifying restrictions and conditions relating thereto under sub-section (1) of section 6; 

(c)  the  use  of  emblem  on  stationery,  design  of  official  seal  consisting  of  emblem  and  other 

matters under sub-section (2) of section 6; 

(d)  authorising  officer  by  general  or  special  order  for  giving  previous  sanction  for  instituting 

prosecution under section 8; and 

(e) any other matter which is required to be, or may be, prescribed. 

(3) Every rule made under this section 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 

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following the session or the successive sessions aforesaid, both House 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. 

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THE SCHEDULE 

[See section 2(b)] 

STATE EMBLEM OF INDIA 

DESCRIPTIONAND 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 
circularabacus. The frieze of the abacus is adorned with sculptures in high relief of an elephant, a gallopin 
ghorse, 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 Chakrain 
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. 

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APPENDIX I 

Note.– This design is in simplified from and meant for reproduction in small sizes, such as for 

use in stationery, seals and die-printing. 

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APPENDIX II 

Note.– This design is more detailed and meant for reproduction in bigger sizes. 

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