Emblems Act 1950

Prevention of improper use Act, 1950

Introduction

To prevent the use, without proper authority and in particular for commercial purposes, of the emblem, the officialseal and the name of United Nations and of abbreviations of that name, the General Assembly of the United Nations Organization recommended that the members of the United Nations should take necessary legislative measures. The World Health Organization had also recommended that legislative measures may be taken to prevent the improper use of its name and abbreviation, emblem and official seal. In India and abroad many instances had come to light of the use of Indian National Flag and emblem and of the names or pictorial representation of Mahatma Gandhi and other national leaders for commercial and trade purposes and in a manner which offended the sentiments of the people. The law contained in the various legislative enactments was found to be inadequate to prevent these abuses. Accordingly, to prevent the improper use of certain emblems and names for professional and commercial purposes, the Emblems and Names (Prevention of Improper Use) Bill was introduced in the Parliament.

Statement of objects and reasons

The General Assembly of the United Nations Organization recommended in 1946 that members of the United Nations should take necessary legislative or other appropriate measures to prevent the use, without proper authority, and in particular for commercial purposes, of the emblem, the official seal and the name of the United Nations and of the abbreviations of that name. A similar recommendation has since been received also from the World Health Organization for prevention of the use of its name (and abbreviations), emblem and official seal. Instances have also come to light of the use in India (and abroad) of the Indian National Flag and emblem and of the names or pictorial representation of Mahatma Gandhi and other national leaders, for commercial and trade purposes and in a manner likely to offend the sentiments of the people. The provisions of the Indian Trade Marks Act, 1940, Indian patents and Designs Act, 1911, Indian Merchandise Marks Act, 1889, and the Indian Companies Act, 1913, are not adequate to prevent these abuses. The Bill seeks to prevent the improper use of these names, emblems, etc., for the purpose of trade, business, calling, profession, patent or design and to impose a penalty for misuse of emblems, etc., specified in the Schedule and empowers the Central Government to make additions, and amendments in the Schedule as and when necessary.

Act 12 of 1950

The Emblems and Names (Prevention of Improper Use) Bill having been passed by both the Houses of Parliament received the assent of the President on 1st March, 1950. It came into force on 1st September, 1950 as THE EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT, 1950 (12 OF 1950).

List of amending acts and adaptation order

The Emblems and Names

(Prevention of Improper Use ) ACT, 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 –

This Act may be called the Emblems and Names (Prevention of Improper Use) Act, 1950.

It extends to the whole of India ²[***] and also applies to citizens of India outside India.

It shall come into force on such date³ as the Central Government may be notification in the Official Gazette, appoint.

2. Definitions - In this Act, unless the context otherwise requires-

“emblem” means any emblem, seal, flag, insignia, coat-of-arms or pictorial representation specified in the Schedule;

“competent authority” means any authority competent under any law for the time being in force to register any company, firm and other body of persons or any trade mark or design or to grant a patent;

“Name” includes any abbreviation of a name.

3. Prohibition of improper use of certain emblems and names –

Not withstanding 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 colorable imitation thereof without the previous permission of the Central Government or of such officer of Government as may be authorized in this behalf by the Central Government.

4. Prohibition of registration of certain companies, etc.–

Not with standing anything contained in any law for the time being in force, no competent authority shall –

If the use of such name or emblem is in contravention of section 3.

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.

6. Previous sanction for prosecution–

No prosecution for any offense punishable under this Act shall be instituted, 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.

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 –

i. The Central Government may, be notification in the Official Gazette, make rules to carry out the purposes of this Act.

ii. 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 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.

The Schedule

[See sections 2 (a) and 3]