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EMBLEMS & N AMES ( PREVEN TION OF IMPROPER U SE) RU LES

19 8 2
S.O.4 10 0 In exercise of the powers conferred by Section 9 of the Em blem s and
Nam es (Prevention of Im proper Use) Act, 1950 (12 0 f 1950 ), Central Governm ent
hereby m akes the following rules nam ely:1.

Sh o rt title an d co m m e n ce m e n t

(1)

These rules m ay be called the Em blem s & Nam es (Prevention of Im proper

Use) Rules, 1982.

(2).

They shall com e into force on the date of their publication in the official
Gazette.

2.

D e fin itio n s In these rules, unless the context otherwise requires:(a)

Act m eans the Em blem s and Nam es (Prevention of Im proper

Use) Act, 1950 ( 12 of 1950 ),

(b)

Com m ittee m eans the Com m ittee appointed by the Central

Governm ent under rule 4;

(c)

designated officer m eans an officer designated by the Central

Governm ent under rule 3;

(d)

Schedule m eans Schedule to the Act

3.
Ap p o in tm e n t o f d e s ign ate d o ffice r The Central Governm ent m ay,
for purposes of these rules designate an officer who shall not be below the rank of
a Group A officer of the Central Governm en t as designated officer.
4.
Ap p o in tm e n t o f Co m m itte e The Central Governm ent m ay appoint a
Com m ittee for the purposes of these rule con sisting of
(i)

an officer of the Central Governm ent not below the rank of J oint
secretary to the Governm ent of India in the Ministry/ Departm ent
of that Governm ent which is adm inistratively concerned with the
adm inistration of the Act Chairm an

(ii)

an officer of the Ministry of Law, J ustice and Com pany Affairs in

the Deptt. of Legal Affairs Mem ber;

(iii)

an officer of the Ministry of Hom e Affairs Mem ber.

5.
Co - o ptio n o f Me m be rs o f th e Co m m itte e The Com m ittee m ay at
its discretion co-opt any person or persons of em inence/ erudation not exceeding

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-2two at a tim e as its m em bers for considering any proposal or classes of proposals
for the consideration of which such persons views are considered valuable by the
Com m ittee.
6.
Pro ce s s in g o f p ro p o s al Any proposal for m aking additions or
alterations to the Schedule received by the Central Governm ent from any State
Governm ent, local authority or any other source shall be referred to the
design ated officer who shall, after exam ining the sam e and after classifying the
said proposals in appropriate classes wherever possible, subm it them for the
consideration by the Com m ittee.
7.

Re co m m e n d atio n o f th e Co m m itte e
(1)
The Com m ittee shall after considering the proposal subm itted by
the designated officer, m ake appropriate recom m endations as to
the desirability or otherwise of including any particular proposal or
classes of proposals in the schedule.
(2)

The designated officer shall, on receipt of the recom m endations

from the Com m ittee subm it the sam e to the central Governm ent
whose decision thereon shall be final.

8.
U s e o f e m ble m s an d n am e s co n ta in e d in th e Sch e d u le No person
shall use or continue to use, for the purpose of any trade, business, calling or
profession, or in the title of any patent, or any tradem ark or design, any nam e or
em blem specified in the Schedule or any colourable im itation thereof without the
previous perm ission of the Central Governm ent or of such officer of the
Governm ent as m ay be authorized in this behalf by the Central Governm ent
except in the following cases nam ely:(1)

The use thereof by the agencies, bodies or persons to whom the

nam e or em blem s belongs;

(2)

The use thereof by the Central Governm ent or any State

Governm ent to whom the nam e or em blem belongs;

(3)

Issue of postal stam ps, coins or other com m em orative item s

brought out by the Central Governm ent or a State Governm ent in
honour of any of the persons or institutions whose nam es are
included in the Schedule.

(4)

The use of the nam es of persons included in the Schedule by bodies

set up by the Central Governm ent or State Governm ent for the
propogation of ideals for which they stood and lived;

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-3(5)

The authorship, production, publication, exhibition or transm ission

by any m edium for academ ic, artistic, biographical, cultural,
educational, scientific or spiritual purposes with the previous
perm ission of the Central Governm ent and subject to such
conditions as the Central Governm ent m ay lay down while granting
such perm ission.
( No. 23 (31) IT/ 79 )
M.L.J atav, Dy.Secy.