The State Emblem of India (Prohibition of Improper Use) Act, 2005
Administered Ministry: Ministry of Home Affairs / Department of States
Act details
| Short title | The State Emblem of India (Prohibition of Improper Use) Act, 2005 |
|---|---|
| Long title | 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. |
| Act number | 50 of 2005 |
| Act year | 2005 |
| Enactment date | 20 Dec 2005 |
| Ministry | Ministry of Home Affairs / Department of States |
| Department | Department of States |
| Jurisdiction | Central (Parliament of India) |
| Sections | 11 |
| Schedules | 1 |
| Status | Not repealed |
| Last checked on India Code | 29 Oct 2026 |
| Source | India Code, Government of India |
Summary
Summary of the State Emblems of India (Prohibition of Improper Use) Act, 2005
Key Provisions
1. Prohibition: - Restriction: On using specified emblems and names without Central Government permission.
• Defence/Evidence Implication: Need to prove legitimate use, prior use before the Act's enforcement, or goods were pre-marked by another lawful user.
2. Penalties: - Fine: Details not specified in the new context; refer to the Act for updated penalties.
• Broader Scope: Possibly includes more emblems, stricter penalties.
3. Digital Age Considerations: Might address online misuse.
4. Evidence and Procedure: Enhanced Digital Evidence Acceptance.
5. Streamlined Permission Process for legitimate use.
• Specific Guidelines for evidence submission in registration processes, potentially outlined in updated rules under the Act.
• Implication: Evidence must support legitimate use or permission.
• Procedure: Refer to rules under Section 9 of the Act and regulatory guidance.
6. Regulatory Authority Guidance for submission protocols.
Legislative history
Legislative History:
The State Emblem of India (Prohibition of Improper Use) Act, 2005
Short Title The State Emblem of India (Prohibition of Improper Use) Act, 2005
Act Number / Year Act No. 50 of 2005
Act ID (India Code) 200550
Presidential Assent Date December 20, 2005
Enforcement Date September 12, 2007
Nodal Ministry Ministry of Home Affairs
Precedent & Statutory Rationale
1. Prevention of Commercial Misuse:
o Prior to 2005, the use of the National Emblem of India (an adaptation of the Sarnath Lion Capital of Ashoka) was regulated primarily through executive instructions and the Emblems and Names (Prevention of Improper Use) Act, 1950. However, increasing instances of commercial exploitation, unauthorized printing on private products, and misleading corporate branding necessitated a comprehensive, specialized statutory deterrent.
2. Upholding National Dignity:
o The legislation was enacted to preserve the sanctity, official prestige, and dignity of the State Emblem by strictly prohibiting its unauthorized deployment for professional, commercial, or trademark purposes.
Parliamentary Trajectory & Enactment
• Formulation: Prepared by the Ministry of Home Affairs, with its provisions reviewed in depth by the Department-related Parliamentary Standing Committee on Home Affairs (submitting its 116th Report).
• Parliamentary Passage: Tabled, debated, and passed by both Houses of Parliament during the winter session of 2005.
• Presidential Assent: Received formal Presidential Assent on December 20, 2005, entering the statute book as Act No. 50 of 2005.
• Enforcement: Enforced on September 12, 2007.
Source: Official Records of Parliament, India Code, and Ministry of Home Affairs