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 2* * * and also applies to citizens of India outside India.
(3) It shall come into force on such date3
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 an 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 3 shall be punishable with fine
which may extend to five hundred rupees.
1. This Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962, s. 3 and the Schedule
(w.e.f. 1-8-1965) and brought into force in Pondicherry on 1-10-1963, vide Reg. 7 of 1963, s. 3 and the Schedule I, in
Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and the Schedule I and in Sikkim (w.e.f. 1-9-1975), vide
S.O. 4292 dated 16-9-1975.
2. The words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir (Extension of Laws) Act, 1956
(62 of 1956), s. 2 and the Schedule (w.e.f. 1-11-1956).
3. 1st September, 1950, see Gazette of India, 1950, Part II, s. 3.
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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 had 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.
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[(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.]