LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Naresh Kadyan (Chairman)     25 September 2011

How to get prosecution sanction from govt. of india?

Many peoples including State Police and Government's are violated the legislation's for Indian National flag and emblem. Local Enforcement officials are helpless, due to non-cognizable offense in legal terms with less punishment, where as prosecution sanction is mendatory then how it could be possible to prosecute the offenders?



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     25 September 2011

Before initiating the criminal offence against govt., officials, sanction from the govt., is necessary.  For this you will have to seek permission from the Govt., in writing.

Democratic Indian (n/a)     25 September 2011

Rightly advised by Adv. Rajiv(Rajoo) ji and in all probability he will not get a permission because it does not seem to make a valid case under the State Emblem of India (Prohibition of Improper Use) Act 2005.


It also need to be understood that neither courts nor governent would appreciate some busybodies trying to derive some personal mileages and propaganda.


If one reads the following link, https://indiansforguns.com/viewtopic.php?f=4&t=15323#p147292 it appears it is the the same gentleman without understanding the legality of the matter, if a valid case can be made under State Emblem of India (Prohibition of Improper Use) Act 2005, had complained in the Office of Police Commissioner, Delhi against Delhi State Rifle Association, for allegedly violating the "State Emblem". Now it appears from this thread that he has apparently complained alleging similar accusations against Punjab Police.


Seeing his enthusiasm, I would not be surprised, if very soon he also would like to file complaints against the Indian Army and the Coast Guard for similar reasons:


1) The flag of Indian Army also uses Ashoka Pillar without satymev jayate in devnagri scriptt. Its image can be seen here https://en.wikipedia.org/wiki/File:Flag_of_Indian_Army.svg


2) The insignias for ranks of Indian Army Officers also also uses Ashoka Pillar without satymev jayate in devnagri scriptt. They can be seen here https://en.wikipedia.org/wiki/Army_ranks_and_insignia_of_India


3) The flag of Indian Coast Guard also uses Ashoka Pillar without satymev jayate in devnagri scriptt. Its image can be seen here https://en.wikipedia.org/wiki/File:In~cg.gif


If some people before making complaints and allegations, could spend some time and effort to understand the difference between the use of image/representation of Ashoka Pillar and use/representation of the State Emblem, and if valid case is being made under State Emblem of India (Prohibition of Improper Use) Act 2005 all these things could be avoided.

Naresh Kadyan (Chairman)     25 September 2011

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 Lion Capital has four lions standing back to back mounted on a circular abacus. The frieze of the abacus is adorned with sculptures in high relief of an elephant, a galloping horse, a bull and a lion separated by intervening Dharma Chakra (Wheels of Law). The abacus rests on a bell-shaped lotus.

The profile of the Lion Capital showing 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 has been adopted as the State emblem of India. The bell-shaped lotus has been omitted.

The motto "Satyameva Jayate" (truth alone triumphs) – written in Devanagari scriptt below the profile of the Lion Capital is part of the State Emblem of India. The motto is taken from an ancient scriptture the Mundaka Upanishad.

For the accurate reproduction of the State Emblem, two standard designs have been approved. First design is in a simplified form and is intended for reproduction in small sizes such as for use in stationery, seals and die-printing. For reproduction in bigger sizes, only second design, which is more detailed should be used.

All reproductions of the State Emblem should strictly conform to the designs In order to obtain photographic designs of the State Emblem interested individuals can get in touch with the Manager, Photo Litho Wing, Government of India Press, New Delhi. Samples of standard dies of the State Emblem can be obtained from the Office of the Chief Controller of Printing and Stationery, New Delhi.

The State Emblem has also 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.

Official Seals

The State Emblem is the official seal of India. As such, use of the State Emblem for official seal is restricted to the President, the Vice President, Union Ministers, Ministers and others Officers of the Central Government including diplomatic missions abroad, Governors, Lieutenant Governors, Chief Commissioners and Administrators of Union Territories and Ministers and departments and offices of the State governments and of Union Territory governments and administrations who have adopted the State Emblem. Offices of Central Government permitted to use distinct emblems of their own may, however, use the same in their seals.

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 demi-official 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.

Where the stationery used by the Members of Parliament, contains the State Emblem it should not bear words like "Advocate, Supreme Court/High Court" and "Editor…..Journal", below their names in the letter-heads.

The Members of Legislative Assemblies of Union Territfories and the Members of Metropolitan Council of Delhi may have the State Emblem embossed or printed on their stationery. The stationery containing the State Emblem, however, should not bear words like "Advocate, Supreme Court/High Court" and "Editor…..Journal", below their names in the letter-heads.

Design and Display

The designs of the brass seals and rubber stamps consist of the State Emblem enclosed in oval frame of adequate thickness. The name of the Ministry or Office should appear between the inner and outer rims of the frame. The abbreviated forms of names of Ministries/Offices may be inscribed where it is not possible to accommodate the names in full.

Offices/Officers already permitted to use round shaped brass seals may, however, continue to use them. Round shaped rubber stamps may be used by Indian Missions/Posts abroad and Ministry of External Affairs for special purposes such as on Passports, diplomatic identity cards, visas or entry permits. The round shaped embossing machine consisting of State Emblem is also being used by passport authorities in India and abroad and Ministries of the Government of India on communications addressed to Indian Missions/Posts abroad.

There is also a provision for the display of the State Emblem on vehicles. Cars of Rashtrapati Bhavan, Raj Bhavans or Raj Niwases when the President, Vice-President, Governor of the State, or the Lt. Governor of the Union Territory or their spouses are traveling by such vehicles within the State or the concerned Union Territory. In the event of visiting heads or spouses of Foreign States, Vice-Presidents of Foreign States or dignitaries of equivalent status, visiting Heads of Foreign Governments or dignitaries of equivalent status like Crown Prince and Princess of Foreign States, cars of Rastrapati Bhavan can display the State Emblem.

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.

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.

Other Uses

The State Emblem may be used on publications issued and films produced by the Government, coins, currency notes, promissory notes and postal stamps with such modifications as may be considered necessary by the Mint or the Press; Medals and Sanads instituted by the Government; Invitation cards for State functions; New Year and Greeting Cards sent by officers of Indian Missions abroad for legitimate representational purpose; Representational Glassware Crockery and Cutlery used at the Rashtrapati Bhavan, Raj Bhavans, Raj Niwases and Indian Missions/Posts abroad; and Badges, collars, buttons of uniforms of Police and Excise Constabulary which carried before adoption of this Emblem, the old Coat-of-Arms or Crown; Uniforms of various categories of Class IV staff of Rashtrapati Bhavan and uniforms of Class IV staff of the Indian Missions/Posts abroad.

The use of the State Emblem on the uniforms and badges of the Armed Forces shall be governed by the instructions laid down by the Ministry of Defence in this behalf.

Besides, it may be printed in school textbooks, books on history, art or culture or in any periodical as part of the text of a Chapter and Section for the purpose of explaining or illustrating the origin, significance or adoption of the State Emblem. It shall not be used on the front page, title or cover of any publication except a Government publication.

The State Emblem shall not be used for any trade 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 by the Central Governments under Section 3 of The Emblems and Names (Prevention of Improper Use) Act, 1950. Unauthorised use of the Emblem for such purposes is an offence under the Act.

Private persons, bodies of persons and sports associations are not permitted to use the State Emblem on their letter-heads, seats, crests, badges, house flags or for any other purpose except with the permission of the Government.(PIB Features)


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register