Amita Soni 21 March 2021
Mrityunjay Joshi 23 March 2021
Section 3 of State emblem of India (prohibition of improper use)Act,2005 clearly says that “no person shall use the emblem or any colorable 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.” Here the word “person” includes the former functionary of the Central Government or the State Governments.
Similarly, Section 4 and 5 provides for prohibition of improper use and use of emblem for wrongful purposes respectively.
In the year 2007 State Emblem of India (Regulation of use) Rules was enacted by Government of India. It gives a clear direction that who can use the national emblem on their official seals, stationery, vehicles, public buildings and for other purposes.
Rule 10 provides that no person (including former functionaries of the Government, like, former Ministers, former Members of Parliament, former Members of Legislative Assemblies, former judges Government officials) or 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. So there is a proper restriction on the use of state emblem by any unauthorized person or the institution.
Rule 10(4) of State Emblem of India (Regulation of use) Rules,2007 provides that “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.”