Taking a serious note of unauthorised use of India’s State Emblem, ‘Ashok Chakra’, Governor Ram Naik said that the Emblem of India must not be used by the dignitaries, institutions and organisations other than those who have been authorised for this purpose under the India’s State Emblem (Regulation of Use) Act-2005 and the India’s State Emblem (Regulation of Use) Rules-2007.
“It has come to my notice that some dignitaries, in their correspondence, are using the State Emblem on their private letter-heads and other stationery against the rules, which is against law,” the Governor said. Naik said that unauthorised use of the State Emblem is a penal offence under The State Emblem of India (Prohibition of Improper Use) Act,2005. It has also been clearly stated in the Act that if any person violates the proviso of the Section-3, he/she shall be sentenced imprisonment of two years or a fine up to Rs. 5000 or both, he said.
In case, any person violates the proviso of the Section-4 for personal gains, he/she shall be sentenced imprisonment for a minimum period of six months, but not more than two years, in addition to fine upto Rs. 5000, he said.When asked Governor told The Pioneer that it was just an advisory for the people not to mis-use India’s state Emblem. “I have come across many letters written by former Union Ministers, former legislators where Emblem were embossed on the letter. I expect these leaders to stop mis-using emblem from now. And if they do so, I will reveal their names too.” Naik said.
It is worth mentioning that the India’s State Emblem (Regulation of Use) Rules-2007 specifically mention who are entitled for using State Emblem and who are not entitled. It is also important to note that as per the proviso of the Act, former ministers, former MPs, former MlAs, former judges and retired government officers cannot use the State Emblem on their letter-heads and other stationery. Similarly, commissions, societies, public sector undertakings, banks, municipal councils, panchayati raj institutions, non- government organisations, university, associations or body of persons, whether incorporated or not, cannot use the State Emblem without authorisation under the above- mentioned Act.
It is also mentioned in the rules that the persons authorised for the use of State Emblem cannot use words like advocate, editor, chartered accountants etc on any of their stationery like letter-heads, identity cards, greeting cards.