Section 10 in The State Emblem of India (Prohibition of Improper Use) Act, 2005

Title: Act to have overriding effect

Description: The provisions of this Act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other enactment or instrument having effect by virtue of such enactment.

Title: Power to make rules

Description: (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:— (a) cases and conditions regulating the use of emblem under section 4; (b) making rules to regulate the use of the emblem in official seal of the Government and specifying restrictions and conditions relating thereto under sub-section (1) of section 6; (c) the use of emblem on stationery, design of official seal consisting of emblem and other matters under sub-section (2) of section 6; (d) authorising officer by general or special order for giving previous sanction for instituting prosecution under section 8; and (e) any other matter which is required to be, or may be, prescribed. (3) Every rule made under this section 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 House 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.

Title: Short title and commencement.

Description: (1) This Act may be called the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005. (2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint. 1 17th November, 2006, vide notification No. S.O. 1990(E), dated 17th November, 2006, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

Title: Act in addition to other laws

Description: Save as otherwise expressly provided in ths Act, the provisions of this Act shall be in addition to any other relevant Act for the time being in force in relation to any matter covered under this Act.

Title: Extent and application

Description: (1) It extends to the whole of India including its Exclusive Economic Zone. (2) Every person shall be liable to punishment under this Act for every act or omission contrary to the provisions thereof, of which he is held guilty in India. (3) Any person who commits an offence beyond India, which is punishable under this Act, shall be dealt with according to the provisions of this Act in the same manner as if such act had been committed in India. (4) The provisions of this Act shall also apply to (a) citizens of India outside India; (b) companies or bodies corporate, registered or incorporated in India or having their associates, branches or subsidiaries, outside India; (c) any ship, aircraft or other means of transport registered in India or outside India, wherever it may be; (d) foreigners while in India; (e) persons in the service of the Government of India, within and beyond India. (5) Notwithstanding the applicability of the provisions of any other Central Act relating to any activity provided herein, the provisions of this Act shall apply to export, transfer, re-transfer, transit and trans-shipment of material, equipment or technology of any description as are identified, designated, categorised or considered necessary by the Central Government, as pertinent or relevant to India as a Nuclear Weapon State, or to the national security of India, or to the furtherance of its foreign policy or its international obligations under any bilateral, multilateral or international treaty, Covenant, Convention or arrangement relating to weapons of mass destruction or their means of delivery, to which India is a Party.