THE EMBLEMS AND NAMES (PREVENTATION OF IMPROPER USE) ACT, 1950

Sun Feb 27 2022 | Constitutional | Comments (0)

Like

Year : 1950

[Act, No. 12 of 1950]

PREAMBLE

An Act to prevent the improper use of certain emblems and names for professional and commercial purposes.

BE it enacted by Parliament as follows:-

Section -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, 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.

Section -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.

Section -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 colour able 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.

Section -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 any invention which bears a title containing any emblem or name, the use of which 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 colour able imitation thereof, the competent authority may refer the question to the Central Government and the decision of the Central Government thereon shall be final.

Section -5 Penalty

Any person who contravenes the provisions of section 3-shall be punishable with fine which may extend to five hundred rupees.

Section -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.

Section -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.

Section -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 has been made by this Act.

Section -9 Power to make rules

1*[(1)] The Central Government may, by notification in the Official Gazette, make rules to carry out purposes of this Act.

2*[(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.]

-------------------------------------------------------------------------------------------------------------------------------------------------------

1. Section 9 renumbered as sub-section (1) by the Delegated Legislation Provisions (Amendment) Act 1986, w.e.f. 15.05.1986.

2. Inserted by the Delegated Legislation Provisions (Amendment) Act 1986, w.e.f. 15.05.1986.

--------------------------------------------------------------------------------------------------------------------------------------------------------

THE SCHEDULE

[See Sections 2(a) and 3]

1.The name, emblem or official seal of the United Nations Organization.

2.The name, emblem or official seal of the World Health Organization.

3.The Indian National Flag.

4.The name, emblem or official seal or emblem of the Government of India or of any State, or any other insignia or coat-of-arms used by any such Government or by a Department of any such Government.

5.The emblems of the St. John's Ambulance Association (India), and the St. John's Ambulance Brigade (India), consisting of the device of a white eight pointed cross embellished in the four principal angles alternatively with a lion passant Quadrant and a Uniform passant, whether or not the device is surrounded or accompanied by concentric circles or other decoration or by lettering.

6.The name, emblem or official seal of the President, Governor, Sadar-i-Riyasat or Republic or Union of India.

7.Any name which may suggest or be calculated to suggest-

(i) The patronage of the Government of India or the Government of a READ MORE

GET IN TOUCH

Once you fill in the enquiry form below, our team will scan our database to find lawyers who have carried out work similar to your & for the right fit of location & seniority. It is very helpful if you give us as much information as is possible on a non-confidential basis. That helps us assess the matter & choose the correct professional who would fit your needs.