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

No. 50 of 2005 (20th December, 2005)

An Act to prohibit the improper use of State Emblem of India for professional
and commercial purposes 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:-

Short title, 1. (1) This Act may be called the State Emblem of India (Prohibition of
extent,
application and Improper Use) Act, 2005.
commencement
(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.

Definitions 2. 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.

Prohibition of 3. Notwithstanding anything contained in any other law for the time being in
improper use of
emblem. 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.

Prohibition of 4. No person shall use the emblem for the purpose of any trade, business, calling
use of emblem or profession or in the title of any patent, or in any trade mark or design, except
for wrongful
gain. in such cases and under such conditions as may be prescribed.

Prohibition of 5. (1) Notwithstanding anything contained in any other law for the time being in
registration of
certain force, no competent authority shall,-
companies, etc.
(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.

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 (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.

General powers 6. (1) The Central Government may make such provision by rules as appears to
of Central
Government to
it to be necessary, to regulate the use of the emblem in official seal that is used in
regulate use of offices of the Central Government and State Governments and their
Emblem. 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 Government;

(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
Government;

(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 consulates
abroad;

(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.
Penalty
7(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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Previous 8. No prosecution for any offence punishable under this Act shall be instituted,
sanction for
prosecution except with the previous sanction of the Central Government or of any officer
authorized in this behalf by general or special order of the Central Government.
Savings 9. 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.

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

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

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 center, 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 form 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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 [To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-
section (i) dated the 4th October, 2007]

Government of India
Ministry of Home Affairs

New Delhi, the 4th October, 2007

Notification

G.S.R.643(E).- In exercise of the powers conferred by section 11 of the State

Emblem of India (Prohibition of Improper Use) Act, 2005 (50 of 2005), the Central
Government hereby makes the following rules regulating the use of the State Emblem of
India in official seal and on stationery and its design, namely:-

1. Short title, extent, application and commencement– (1) These rules may be
called the State Emblem of India (Regulation of Use) Rules, 2007.

(2) It extends to the whole of India and also to the citizens of India outside India.

(3) They shall come into force on the date of their publication in the Official Gazette.

2. Definitions.– In these rules, unless the context otherwise requires,-

(a) “Act” means the State Emblem of India (Prohibition of Improper Use)
Act, 2005 (50 of 2005);
(b) “emblem” means the State Emblem of India as defined in clause (b) of
section 2 of the Act;
(c) “Schedule” means a Schedule appended to these rules;
(d) “State Government” in relation to a Union territory means the
Administrator of that Union territory appointed by the President under
article 239 of the Constitution.

3. Design of the official seal.– (1) The design of the Official Seal shall have the
emblem enclosed in an oval or round frame.

(2) The name of the Ministry or the office shall appear between the inner and outer
rims of the frame.

(3) The abbreviated form of the name of a Ministry or the office may be inscribed
where it is not possible to accommodate the name in full.

4. Adoption by States or Union territories.- (1) A State Government may adopt

the emblem as the official Emblem of the State or the Union territory, as the case
may be, without obtaining the approval of the Central Government.

(2) Where a State Government proposes to incorporate the emblem or any part
thereof in the Emblem of that State or Union territory, as the case may be, it shall do
so after obtaining the prior approval of the Central Government and shall get the
design and lay out approved by the Central Government:

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 Provided that where a State Government has already incorporated the emblem
or part thereof in the Emblem of that State or Union territory, as the case may be,
prior to the coming into force of these rules, it may, subject to the other provisions of
these rules, continue to use the emblem.

5. Use in official seals.– The use of the emblem in official seal shall be restricted to
the authorities specified in Schedule I.

6. Use on stationery.– (1) The use of the emblem on official or demi-official

stationery shall be restricted to the authorities specified in the Schedule I aforesaid.

(2) The emblem, when printed or embossed on official or demi-official stationery,

shall appear prominently on the middle of the top of such stationery.

7. Display on vehicles.– The use of the emblem on vehicles shall be restricted to the
authorities specified in Schedule II.

8. Display on public buildings.– (1) The emblem may be displayed on very

important public buildings, like, the Rashtrapati Bhawan, Parliament House, Supreme
Court and Central Secretariat buildings.

(2) The emblem may be displayed on Raj Bhawan or Raj Niwas and State
Legislature, High Courts and Secretariat buildings of the States or the Union
territories that have adopted the emblem or have incorporated the emblem in the
Emblem of the State or the Union territory.

(3) The emblem may be displayed on the premises of India’s Diplomatic Mission
abroad and the heads of Missions may display the emblem at their residences in the
countries of their accreditation.

(4) The emblem may be displayed on the buildings occupied by India’s Consulates
abroad at the entrance doors thereof and on the residences of Heads of consular posts
in the countries of their accreditation.

9. Use for various other purposes.– Subject to the provisions of these rules, the
emblem may be used for other purposes as are specified in Schedule III.

10. Restriction on the use of the emblem.– (1) No person (including former
functionaries of the Government, like, former Ministers, former Members of
Parliament, former Members of Legislative Assemblies, former judges and retired
Government officials), other than those authorised under these rules, shall use the
emblem in any manner.

(2) No Commission or Committee, Public Sector Undertaking, Bank, Municipal

Council, Panchayat Raj Institution, Parishad, non-government organisation,
University, other than those authorised under these rules, shall use the emblem in any
manner.

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(3) No association or body of persons, whether incorporated or not, shall use the
emblem on their letter-heads, brochures, seats, crests, badges, house flags or for any
other purpose in any manner.

(4) The stationery, including letter heads, visiting cards and greeting cards, with
emblem printed or embossed on it, shall not bear words, like, Advocate, Editor,
Chartered Accountant with the name of the person authorised to use the emblem
under these rules on the stationery.

11. Cases and conditions restricting the use of the emblem.- No person shall use
or continue to use the emblem or any colourable imitation thereof for the purpose of
any trade, business, calling or profession or in the title of any patent, or in any trade
mark or design:

Provided that a person or a group of persons, association, body, corporate, may

use the emblem in connection with an event organised by it or a publication brought
out jointly with a Ministry or Department of the Central or State Government, with
the prior approval of the Central Government.

12. Availability of design of the emblem.– (1) Photographic designs of the emblem
are available with, and can be obtained from, the Manager, Photo Litho Wing,
Government of India Press, Minto Road, New Delhi.

(2) Sample of standard dies of the emblem can be obtained from the Office of the
Chief Controller of Printing and Stationery, New Delhi.

SCHEDULE-I
(See rules 5 and 6)
CONSTITUTIONAL OR STATUTORY AUTHORITIES, MINISTRIES OR
DEPARTMENTS OF THE CENTRAL GOVERNMENT, STATE
GOVERNMENTS OR UNION TERRITORY ADMINISTRATIONS AND OTHER
GOVERNMENT FUNCTIONARIES WHICH MAY USE THE EMBLEM

(i) President, Vice-President, Prime Minister and a Union Minister;

(ii) Governors, Lieutenant Governors, Administrators, if the emblem is adopted
by, or incorporated in the Emblem of, that State or the Union territory, as the
case may be;
(iii) Office and officers of the Parliament of India;
(iv) Judges and office and officers of the Judiciary;
(v) Office and officers of the Planning Commission;
(vi) Chief Election Commissioner of India, Election Commissioners and the
office and officers of the Election Commission of India;
(vii) Comptroller and Auditor General of India, the office and officers of the
Comptroller and Auditor General of India;
(viii) Chairperson and Members of the Union Public Service Commission and the
office and officers of the Union Public Service Commission;
(ix) Ministries, Departments and offices of the Central Government and their
officers;
(x) Diplomatic Missions abroad and their officers;

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(xi) Chief Ministers and Ministers of the States and the Union territories, if the
emblem is adopted by, or incorporated in the Emblem of, that State or the
Union territory;
(xii) Members of Parliament and members of State or the Union territory
Legislative Assemblies or Councils, as the case may be;
(xiii) Ministries, Departments and offices of the State and the Union territory
Governments and their officers, if the emblem is adopted by, or incorporated
in the Emblem of, that State or the Union territory;
(xiv) Office and officers of the State or the Union territory Legislative Assemblies
or Councils, if the emblem is adopted by, or incorporated in the Emblem of,
that State or the Union territory;
(xv) Commissions and authorities, constituted or established by an Act of
Parliament or set up by the Central Government;
(xvi) Commissions and authorities constituted or established by an Act of the State
Legislature or set up by the State Government, if the emblem is adopted by,
or incorporated in the Emblem of, that State or the Union territory;

Explanation - For the purpose of this Schedule, the expression ‘officer’ shall
mean a gazetted officer of the Central Government; or the State
Government or the Union territory Administration.

SCHEDULE II
(See rule 7)

PART I

CONSTITUTIONAL AUTHORITIES AND OTHER DIGNITARIES WHICH MAY

DISPLAY THE EMBLEM ON THEIR CARS

(i) cars of Rashtrapati Bhawan, when the following dignitaries or their spouses
are traveling by such vehicles:
(a) President,
(b) visiting Heads of foreign States,
(c) visiting Vice-Presidents of foreign State or dignitaries of equivalent
status,
(d) visiting heads of foreign Governments or dignitaries of equivalent
status like Crown Prince or Princess of a foreign State,
(e) the spare car following the car of the President;
(ii) car of Vice-President when he or his spouse is traveling by such vehicle;
(iii) cars of Raj Bhawan and Raj Niwas, if the emblem is adopted by, or
incorporated in the Emblem of, that State or the Union territory, when the
following dignitaries or their spouses are traveling by such vehicles within the
State or the Union territory concerned:
(a) President,
(b) Vice-President,
(c) Governor of the State,
(d) Lieutenant Governor of the Union territory,

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 (e) Visiting Heads of foreign States,
(f) Visiting Vice-Presidents of foreign States or dignitaries of equivalent
status,
(g) Visiting Heads of foreign Governments or dignitaries of equivalent
status;
(iv) cars and other means of transport used by the Heads of India’s Diplomatic
Missions in the countries of their accreditation;
(v) cars and other means of transport used by the Heads of India’s Counsellor
posts abroad in the countries of their accreditation;
(vi) cars maintained by the Protocol Division of the Ministry of External Affairs
when in use for duty with the foreign dignitaries of the rank of Cabinet
Ministers and above visiting India, and Ambassadors accredited to India on
ceremonial occasions.

PART II

AUTHORITIES WHICH MAY DISPLAY THE ASHOKA CHAKRA (WHICH IS

PART OF THE EMBLEM) ON TRIANGULAR METAL PLAQUES ON THEIR
CARS

(i) cars of the Prime Minister and Ministers of the Union, Speaker and Deputy
Speaker of the Lok Sabha, Deputy Chairperson of the Rajya Sabha when
traveling anywhere in India;
(ii) cars of Chief Justice of India and Judges of the Supreme Court, and Chief
Justices and Judges of High Courts within their respective territories;
(iii) cars of Cabinet Ministers in States, Ministers of States in States, Speakers and
Deputy Speakers of the State Legislative Assemblies, Chairmen and Deputy
Chairmen of Councils of States, Ministers (other than Deputy Ministers) of
Union territories with Legislature, and Speakers and Deputy Speakers of
Legislative Assemblies in Union territories, when they are traveling within
their State or Union territory, as the case may be (if the emblem is adopted by,
or is incorporated in the Emblem of, the State or the Union territory).

SCHEDULE III
(See rule 9)
OTHER PURPOSES FOR WHICH EMBLEM MAY BE USED

(i) Visiting Cards of the functionaries or officers specified in Schedule-I for

legitimate representational purpose;
(ii) Greeting Cards sent by functionaries or officers specified in Schedule-I for
legitimate representational purpose;
(iii) official publications of the Government;
(iv) films and documentaries produced by the Government;
(v) stamp papers;

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(vi) Government advertisements, banners, pamphlets, boards, etc.;
(vii) crests, flags, seats with such modification as considered necessary;
(viii) identity cards, licenses, permits, etc., issued by the Government;
(ix) websites of the Government;
(x) coins, currency notes, promissory notes and postal stamps issued by the Mint
or Press of the Government of India;
(xi) Medals, Certificates and Sanads instituted by the Government;
(xii) invitation cards for functions of the Government;
(xiii) representational glassware crockery and cutlery used at the Rashtrapati
Bhawan, Raj Bhawans, Raj Niwases and Indian Missions or Posts abroad;
(xiv) Badges, collars, buttons, etc., with such modifications as are considered
necessary, on the uniforms of-
(a) commissioned or gazetted officers of the armed forces of the Union;
(b) gazetted officers of uniformed services (other than armed forces) of the
Union and such of the State Governments and Union territory
Administrations that have adopted the emblem, or have incorporated the
emblem in the Emblem of that State or Union territory;
(c) authorised staff of Rashtrapati Bhawan and Indian Missions or Posts
abroad;
(xv) school textbooks, books on history, art or culture or in any periodical as part
of the text of a Chapter, Section, etc., for the purpose of explaining or
illustrating the origin, significance or adoption of the emblem:
Provided that the emblem shall not be used on the front page, title or cover of
such publication so as to give an impression that it is a Government
publication.

Explanation - For the purpose of this Schedule, the “Government” includes the
Central Government; the State Governments and Union territory
Administrations, which have adopted or incorporated the emblem
in the Emblem of that State or Union territory, as the case may be.

(File No. 13/9/2006-Public)

(Arun Kumar Yadav)

Joint Secretary to the Government of India

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