Section 1 in The State Emblem of India (Prohibition of Improper Use) Act, 2005

Title: Short title, extent, application and commencement

Description: (1) This Act may be called the State Emblem of India (Prohibition of Improper Use) Act, 2005. (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 date1 as the Central Government may, by notification in the Official Gazette, appoint. 1. 12th September, 2007, vide notification No. S.O. 1526(E) dated 12th September, 2007, see Gazette of India, Extraordinary, Part II sec.3(ii).

Title: Definitions

Description: 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.

Title: Prohibition of improper use of emblem

Description: Notwithstanding anything contained in any other law for the time being in 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.

Title: Prohibition of use of emblem for wrongful gain

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

Title: Prohibition of registration of certain companies, etc

Description: (1) Notwithstanding anything contained in any other law for the time being in force, no competent authority shall,— (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. (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