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Can You Use The National Emblem?

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#1 shrawan

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Posted 24 September 2012 - 08:04 AM

In the recent controversy over cartoon on National Emblem, do we really know about the National Emblem? Do we know that even the Minister's of Government of India cannot put their private profession along side the National Emblem! That state Government can have their own emblem and that they can use the National Emblem in them? Read the full article and download it from our files segment.National Emblem


This is not Government paper or Government sponsored document. The emblems used here is only for non official purpose. You are advised to read the Act and regulations published by Government of India, for the full and authentic information. The content here is written to generate awareness about the importance of National Emblem and it’s usage. The document is available online at http://www.nationalconcerns.com for download, and you must refer the site for the latest document and discussions.

In case you want to write to us send us email at initiatives@nationalconcerns.com


The three lions mounted on the abacus with a Dharma Chakra in the centre, a bull on the right and a galloping horse on the left, and outlines of Dharma Chakras on the extreme right and left and the motto ‘Satyameva Jayate´ (truth alone triumphs) written in Devanagari script below has been adopted as the State emblem of India.
The-top-of-the-Ashoka-pil-007.jpg

In the state emblem, adopted by the Government of India on 26 January 1950. The State Emblem of India is an adaptation from the Sarnath Lion Capital of Emporer Ashoka, who ruled from 272 BC to 232 BC. It is preserved in
the Sarnath Museum, near Varanasi, Uttar Pradesh. The motto ‘Satyameva Jayate´ is taken from an ancient scripture the Mundaka Upanishad.

Is the Act applicable to every Citizen?

It extends to the whole of India, and also applies to citizens of India outside India.

What constitutes improper use of National Emblem?

Person using 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. (Section 3 of The State Emblem of India (Prohibition of improper user) Act 2005)

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, (Section 4 of The State Emblem of India (Prohibition of improper user) Act 2005)

Can a retired Government Officer use the National Emblem?

No. The former functionary of the Central Government or the State Governments cannot use the National Emblem.

What is the punishment if an unauthorized person uses the emblem or if there is improper use?

Any person who contravenes the provisions shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both.

Can Banks, PSU and Municipal Council use the National Emblem?

No Commission or Committee, Public Sector Undertaking, Bank, Municipal Council, Panchayat Raj Institution, Parishad, non-government organisation, University, other than those authorised under these rules, shall use the emblem in any manner.
No person (including former functionaries of the Government, like, former Ministers, former Members of Parliament, former Members of Legislative Assemblies, former judges and retired Government officials), or
No association or body of persons, whether incorporated or not, shall use the emblem on their letter-heads, brochures, seats, crests, badges, house flags or for any other purpose in any manner.

Are there specific colours to be used for the National Emblem?

The State Emblem, on demi-official stationery used by Ministers, when printed or embossed should appear on the top left hand corner in blue colour. The lettering like ‘Home Minister’ or ‘Ministry of Home Affairs´ should appear on the top right hand corner.

The demiofficial stationery used by officers should be embossed or printed in red colour except when an officer is specifically authorised to use such stationery in some other colour. Names of officers, however, should not be printed on such stationery.

The Members of Parliament may have the State Emblem embossed or printed on their stationery. The colour to be used for the purpose in the case of the Members of the Lok Sabha is green and red for the Members of the Rajya Sabha. Such stationery when supplied by the Chief Controller of Printing and Stationery, does not contain the names or addresses of the Members. But the Members may, at their discretion get such stationery, with their names and addresses printed at private presses approved for this purpose by the Government of India in the Ministry of Urban Development.

I am authorized to use it, but can I word 'Advocate' under it?
No. The stationery, including letter heads, visiting cards and greeting cards, with emblem printed or embossed on it, shall not bear words, like, Advocate, Editor, Chartered Accountant with the name of the person authorised to use the emblem under these rules on the stationery.

Can State Government have their own logo? And Can they use the National Emblem in their Logo?
Seal_of_Nagaland.png
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Yes, State Government can have their own emblem/seal. However, a State Government may adopt the emblem as the official Emblem of the State or the Union territory, as the case may be, without obtaining the approval of the Central Government.
If a State Government proposes to incorporate the emblem or any part thereof in the Emblem of that State or Union territory, as the case may be, it shall do so after obtaining the prior approval of the Central Government and shall get the design and lay out approved by the Central Government.
However, if a State Government has already incorporated the emblem or part thereof in the Emblem of that State or Union territory, as the case may be, prior to the coming into force of these rules continue to use the emblem.
The State Emblem has been adopted by the governments of Assam, Bihar, Gujarat, Maharashtra, Nagaland, Rajasthan and West Bengal. It has been incorporated in the Emblems adopted by the governments of Andhra Pradesh, Haryana, Kerala, Madhya Pradesh, Karnataka, Orissa, Punjab and Tamil Nadu. The governments and administrations of all Union Territories other than Chandigarh and Himachal Pradesh use the State Emblem. The Union Territory of Chandigarh has incorporated the State Emblem in the emblem adopted by it.

MHA’s directions came to State Governments and Union Territories after it noticed anomalies in the use of National Emblem because State Governments are using the National Emblem without motto ‘Satyameva Jayate’. The Ministry has made it clear that it is incomplete without motto ‘Satyameva Jayate’.

Who can use the National Emblem?
  • President, Vice-President, Prime Minister and a Union Minister;
  • Governors, Lieutenant Governors, Administrators, if the emblem is adopted by, or incorporated in the Emblem of, that State or the Union territory, as the case may be;
  • Office and officers of the Parliament of India;
  • Judges and office and officers of the Judiciary;
  • Office and officers of the Planning Commission;
  • Chief Election Commissioner of India, Election Commissioners and the office and officers of the Election Commission of India;
  • Comptroller and Auditor General of India, the office and officers of the Comptroller and Auditor General of India;
  • Chairperson and Members of the Union Public Service Commission and the office and officers of the Union Public Service Commission;
  • Ministries, Departments and offices of the Central Government and their officers;
  • Diplomatic Missions abroad and their officers;
  • Chief Ministers and Ministers of the States and the Union territories, if the emblem is adopted by, or incorporated in the Emblem of, that State or the Union territory;
  • Members of Parliament and members of State or the Union territory Legislative Assemblies or Councils, as the case may be;
  • Ministries, Departments and offices of the State and the Union territory Governments and their officers, if the emblem is adopted by, or incorporated in the Emblem of, that State or the Union territory;
  • Office and officers of the State or the Union territory Legislative Assemblies or Councils, if the emblem is adopted by, or incorporated in the Emblem of, that State or the Union territory;
  • Commissions and authorities, constituted or established by an Act of Parliament or set up by the Central Government;
  • Commissions and authorities constituted or established by an Act of the State Legislature or set up by the State Government, if the emblem is adopted by, or incorporated in the Emblem of, that State or the Union territory;
Does it mean that any officer of the Government can print the National Emblem on his visiting card?

No, the expression ‘officer’ means a gazetted officer of the Central Government; or the State Government or the Union territory Administration.

Can the National Emblem be used on the Government buildings?

The Emblem may be displayed only on very important public buildings like the Rashtrapati Bhavan, Raj Bhavans, Raj Niwases, Supreme Court, High Courts, Central Secretariat, Parliament House, State/Union Territory Secretariats and Legislatures.
emblem.jpg

The State Emblem may be displayed on the premises of India¶s Diplomatic Missions abroad and residences of Heads of the Missions. It may be displayed on the buildings occupied by India¶s Consulates abroad at the entrance doors thereof and on the residences of Heads of
Consular posts subject to the laws, regulations and usages of the receiving State.

Can Secretary to Government of India use the National Emblem on his car?

No. Only cars of Rashtrapati Bhawan, Vice-President when he or his spouse, Cars of Raj Bhawan and Raj Niwas; Cars maintained by the Protocol Division of the Ministry of External Affairs; Cars of the Prime Minister and Ministers of the Union, Speaker and Deputy Speaker of the Lok Sabha, Deputy Chairperson of the Rajya Sabha when traveling anywhere in India; Cars of Chief Justice of India and Judges of the Supreme Court, and Chief Justices and Judges of High Courts within their respective territories; Cars of Cabinet Ministers in States, Ministers of States in States, Speakers and Deputy Speakers of the State Legislative Assemblies, Chairmen and Deputy Chairmen of Councils of States, Ministers (other than Deputy Ministers) of Union territories with Legislature, and Speakers and Deputy Speakers of Legislative Assemblies in Union territories, when they are traveling within their State or Union territory, as the case may be (if the emblem is adopted by, or is incorporated in the Emblem of, the State or the Union territory).
president_of_india_car.jpg

Vide the State Emblem of India (Regulation of Use) Amendment Rules, 2010, Government of India has added spare car of Vice President. Earlier it was only allowed for President spare car.

The detailed list should be consulted for the complete details of users authorized to use it in cars (Schedule II, Part I & II of State Emblem of India (Regulation of Use) Rules, 2007)

Can the Emblem be used in the Greeting Cards sent by Government Officers?

Yes, Visiting cards, Greetings cards, invitation cards, publications, films, stamp papers, Government Advertisements, seats, identity cards, web sites, medals, certificates can contain the National Emblem which are issued by Government.

Can a Minister make a badge of the National Emblem and pin it on his shirt?

No. Only commissioned Army officers or uniformed services and authorized staff of Rashtrapati bhavan or Indian Mission staff abroad can use it as badge, collar or button.

But I have seen the emblem over School Textbooks, is that allowed?
View attachment: Seal_of_Nagaland.png
Yes, school textbooks can use it similarly books on history, art or culture or in any periodical as part of the text of a Chapter, Section, etc., for the purpose of explaining or illustrating the origin, significance or adoption of the emblem can use it. But it shall not be used on the front page, title or cover of such publication so as to give an impression that it is a Government publication.

Can I use the Emblem if I jointly organize a function with a Government Ministry?

Yes, a person or a group of persons, association, body, corporate, may use the emblem in connection with an event organised by it or a publication brought out jointly with a Ministry or Department of the Central or State Government, with the prior approval of the Central Government.

I have seen that a Minister has mentioned his private profession in the official letter which has the National Emblem. Is it allowed?

No. No Professional Qualification or profession shall be mentioned with the name of the person authorized to use the Emblem either in stationary including letter heads, visiting cards or greeting cards along with the National Emblem. This has been inserted vide the State Emblem of India (Regulation of Use) Amendment Rules, 2010.

The article is summary document to disseminate information about use of National Emblem, and we cannot take guarantee for the authenticity of the full information. Kindly download the Act and Regulation to use Act from Ministry of Home Web site from here.

Please download the complete article in a PDF format from our files segment here:
National Emblem
Last Updated Sep 24 2012 08:32 AM



Sources:

Click here to view the article

Attached Thumbnails

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  • Seal_of_Arunachal_Pradesh.jpg
  • Seal_of_Chandigarh.png
  • president_of_india_car.jpg
  • Seal_of_Chhattisgarh.png
  • Seal_of_Himachal_Pradesh.jpg
  • Seal_of_Jammu_and_Kashmir_color.png
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  • Seal_of_Lakshadweep.jpg
  • Seal_of_Maharashtra.png
  • Seal_of_Nagaland.png
  • The-top-of-the-Ashoka-pil-007.jpg


#2 shrawan

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Posted 24 September 2012 - 09:33 AM

The full article can be downloaded from our file segment

http://www.nationalc...ational-emblem/

#3 Deepak Juneja

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Posted 24 September 2012 - 12:07 PM

Section 3 of THE EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT, 1950 states that even any colorable imitation of any National Emblem cannot be used for the purpose of any trade, business, calling or profession without the prior permission of the Central government. I would like to know if Congress party has ever received this permission for its Party flag and logo? Does use of tricolor by political parties by incorporating their party symbols on to the Indian flag not constitute misuse and insult of the Indian flag?

#4 shrawan

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Posted 24 September 2012 - 04:49 PM

This article is only about the national emblem.

#5 Deepak Juneja

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Posted 24 September 2012 - 04:56 PM

According to section 2(a) of THE EMBLEMS AND NAMES (PREVENTION OF IMPROPER USE) ACT, 1950 emblem means any emblem, seal, "flag", insignia, coat-of-arms or pictorial representation specified in the Schedule. The schedule at entry # 3 mentions Indian National Flag. So in effect, Indian Flag is also an emblem.

#6 kavita

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Posted 24 September 2012 - 08:38 PM

But this is about the National Emblem (or State emblem) which has been told above as

The three lions mounted on the abacus with a Dharma Chakra in the centre, a bull on the right and a galloping horse on the left, and outlines of Dharma Chakras on the extreme right and left and the motto ‘Satyameva Jayate´ (truth alone triumphs) written in Devanagari script below has been adopted as the State emblem of India.


Whereas emblem you are talking is not state emblem. And where is any party using the State emblem in their flag?

#7 Ramesh Iyer

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Posted 28 September 2012 - 10:15 PM

Nice informative article Shravan. Pity those who are supposed to uphold the motto "Satyameva Jayate" have been doing quite the opposite for quite sometime, even if they have been using the National Emblem only on their official letter-heads. But, the Aseem Trivedi cartoon depicting three wolves in place of the lions, reflects the real misuse & abuse of office by the high and mighty in our country.

#8 Indranil Patil

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Posted 01 October 2012 - 08:03 AM

i am a class 2 gazetted medical officer in a govt setup in maharashtra.. can i use the national emblem in my round seal? it will be like- emblem at centre and 'medical officer rural hospital xyz' written between first and second rims of the circle... kindly reply..

#9 shrawan

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Posted 02 October 2012 - 11:05 AM

Maharashtra has it's separate emblem and therefore you cannot use the National emblem in your official dealings. For Maharashtra emblem, you may need to approach General Administration Department of Government of Maharashtra. Here is the Maharashtra emblem:

Seal_of_Maharashtra.png

National Emblem
Last Updated Sep 24 2012 08:32 AM



#10 Indranil Patil

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Posted 02 October 2012 - 11:17 AM

yes but its written in the act that maharashtra has adopted the emblem so...

#11 shrawan

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Posted 02 October 2012 - 11:28 AM

Maharashtra has adopted it's own emblem which does not have the National Emblem.

The State Emblem has been adopted by the governments of Assam, Bihar, Gujarat, Maharashtra, Nagaland, Rajasthan and West Bengal.


There are many states which have adopted the National Emblem in some form or the other. FOr example Haryana, Kerala, Madhya Pradesh, Karnataka, Orissa, Punjab, Tamil Nadu, Andhra Pradesh has it's own emblem but have the National Emblem also.

#12 Indranil Patil

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Posted 04 October 2012 - 11:32 PM

but then maharashtra.gov.in which is official website of the state has the emblem on right hand corner.. how is that so allowed?





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