The UTTAR PRADESH STATE EMBLEM (PROHIBITION OF IMPROPER USE) ACT, 2019

THE UTTAR PRADESH STATE EMBLEM (PROHIBITION OF IMPROPER USE) 
ACT, 2019 
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ARRANGEMENT OF SECTIONS 
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Sections : 
 1-    Short title, extent, application and commencement 
 2-     Definitions 
 3-     Prohibition of improper use of emblem 
 4-     Prohibition of use of emblem for wrongful gain 
 5-     Prohibition of registration of certain companies, etc. 
 6-     General powers of State Government to regulate use of emblem 
 7-     Penalty 
 8-     Previous sanction for prosecution 
 9-     Savings 
 10-   Act to have overriding effect 
 11-   Power to make rules 
 12-   Power to remove  difficulties 
 
 
 
THE UTTAR PRADESH STATE EMBLEM (PROHIBITION OF IMPROPER USE) 
ACT, 2019 
AN 
ACT 
       to prohibit the improper use of the State Emblem of Uttar Pradesh for 
professional and commercial purpose and for matters connected therewith or 
incidental thereto. 
        IT IS HEREBY  in the Seventieth Year of the Republic of India as follows:- 
Short  title, 
extent,     
application and 
commencement 
1.  
 
(1) This Act may be called the Uttar Pradesh State Emblem  
(Prohibition of Improper Use) Act, 2019. 
 
(2)   It extends to the whole of Uttar Pradesh. 
 
(3) It shall come into force on such date  as the State 
Government may, by notification in the Gazette, 
appoint. 
 
Definitions 2         In this Act, unless the context otherwise requires,- 
 
(a) "competent authority" means any authority competent 
under any law   for the time being in force to register 
any company, firm, other  body  of persons or any trade 
mark or design or to grant a patent; 
 
(b) "emblem" means the Emblem of the State of Uttar 
Pradesh as described and specified in the Schedule to 
be used as an official seal of the State Government. 
 
Prohibition of   
improper use of 
  emblem 
 
3.            Notwithstanding anything to the contrary contained 
in any other law for the time being in force, no person 
shall use the emblem or any  colourable  imitation 
thereof in any manner which tends to create an 
impression that it relates to the State Government or 
that it is an official document of the State Government, 
or as the case may be, the State Government, without 
the previous permission of the State Government or of 
such officer as may be authorised  by it in this behalf. 
 
 Explanation.- For the purpose of this section, "person" 
includes a former functionary of the State Government. 
 
Prohibition of  
use of emblem    
 for wrongful        
    gain 
 
4.        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, except in 
such cases and under such conditions as may be 
prescribed. 
Prohibition of 
registration of 
certain 
companies,  etc. 
 
5.  (1) Notwithstanding anything contained in any other law 
for the time being in force, no competent authority 
shall,- 
 
(a) register a trade mark or design which bears the 
emblem, or 
 
(b) grant patent in respect of an invention which bears a 
title containing the emblem. 
 
(2) If any question arises before a competent authority 
whether any emblem is an emblem specified in the 
Schedule or a colourable imitation thereof, the 
competent authority shall refer the question to the 
State Government and the decision of the State 
Government thereon shall be final. 
 
General powers 
of   State 
Government 
 to regulate use 
of    emblem 
 
6.  (1)  The State Government may make such provision by 
rules as appears to it to be necessary, to regulate the 
use of the emblem in official seal that is used in offices 
of the State Government its organisations including 
diplomatic missions abroad, subject to such restrictions 
and conditions as may be prescribed. 
 
(2) Subject to the provisions of this Act, the State 
Government shall have power ,- 
 
(a)   to notify the use of emblem on stationery, the method 
of printing or embossing it on demi-official stationery 
by the constitutional authorities, Ministers, Members of 
the Uttar Pradesh Legislative Council, Members of     
the Uttar Pradesh Legislative Assembly and the officers 
of the State Government; 
 
(b)  to specify the design of the official seal consisting of 
the emblem; 
 
(c) to restrict the display of emblem on vehicles of 
constitutional authorities, foreign dignitaries, Ministers 
of  the State Governments; 
 
(d) to provide the guidelines for display of emblem  on 
public buildings in State, the diplomatic missions and on 
the buildings occupied by State Government; 
 
(e) to specify the conditions for the use of emblem for  
various other purposes including the use for 
educational purposes and the Police forces personnel; 
 
(f) to do all such things (including the specification of 
design of the emblem and its use in the manner 
whatsoever) as the State Government considers 
necessary or expedient for the exercise of the foregoing 
powers. 
 
Penalty 7.  
 
(1) Any person who contravenes the provisions of section 3 
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, or if having been 
previously convicted of an offence under this section, is 
again convicted of any such offence, he shall be 
punishable for the second and for every subsequent 
offence with imprisonment for a term which shall not be 
less than six months, which may extend to two years and 
with fine which may extend to five thousand rupees. 
 
(2)  Any person who contravenes the provision of section 4 
for any wrongful gain shall be punishable for such 
offence with imprisonment for a term which shall not be 
less than six months, which may extend to two years and 
with fine which may extend to  five thousand rupees. 
 
Previous 
sanction for 
prosecution 
8.  
 
 
 
      No prosecution for any offence punishable under this 
Act shall be instituted, except with the previous sanction 
of the State Government or of any officer authorised in 
this behalf by general or special order of the State 
Government.   
Savings 9.  
 
     Nothing in this Act shall exempt any person from any suit 
or other proceedings which might be brought against 
him under any other law for the time being in force. 
 
Act to have  
overriding effect 
 
10.       The provision of this Act or any rule made under there 
shall have effect notwithstanding anything inconsistent 
therewith contained in any other enactment or 
instrument having effect by virtue of such enactment. 
 
Power to make 
rules 
11. 
       
 
(1)The State Government may, by notification in the  
Gazette, make rules to carry out the purposes of this 
Act. 
 
(2) In particular, and without prejudice to the generality of 
the foregoing powers, such rules may provide for all or 
any of the following matters, namely:- 
 
(a) cases and conditions regulating the use of the emblem 
under section 4; 
 
(b) making rules to regulate the use of the emblem in 
official seal of the State Government and specifying 
restrictions and conditions relating thereto under sub-
section (1) of the section 6; 
 
(c) the use of emblem on stationery, design of official seal 
consisting of emblem and other matters under sub-
section(2) of section 6; 
 
(d) authorising an officer by general or special order for 
giving previous sanction for instituting prosecution 
under section  8; and  
 
(e) any other matter which is required to be,  or may be, 
prescribed. 
 
 
Power to 
remove    
difficulties 
12.  
 
(1) If any difficulty arises in giving effect to the provisions of 
this Act,  the State Government may, for removing such 
difficulty, by order published in the Gazette direct that 
the provision of the Act shall, during such period as may 
be specified in the order, have effect subject to such 
adaptations, whether by way of modification, addition 
or omission, as it may deem to be necessary and 
expedient. 
(2)   No order under sub-section (1) shall be made after the 
expiration of a period of two years from the date of 
commencement of this Act. 
(3)    Every order made under sub-section (1) shall be laid 
before each house of the State legislature. 
 
  
  
  
 
 
 
 
 
 
 
 
 
 
 
THE SCHEDULE 
[See section 2(b)] 
EMBLEM OF THE STATE OF UTTAR PRADESH 
DESCRIPTION AND DESIGN 
  The State Emblem of UTTAR PRADESH is consists of a circular seal 
depicting the confluence of the Ganges and Yamuna rivers at Prayagraj, a pair of 
Matsya fish to represent the former Muslim rulers of Oudh and a bow and arrow 
to represent the Hindu deity Rama who was born in Ayodhya within the state. The 
legend around the seal translates as "Government of Uttar Pradesh".[2] 
 The Emblem of the State of Uttar Pradesh shall conform to the designs as set 
out in Appendix I or Appendix II. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Appendix I 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
Appendix II. 
 
 
 
 
 
 
 
  
 

STATEMENT OF OBJECTS AND REASONS 
  The use of State Emblem on any letter pad, visiting card etc. 
denotes the pride & authority of the State Government. Although it is 
improper to use the State Emblem without the authorisation of the 
State Government, but due to the absence of any law of the State in 
this regard, the unauthorised use of State Emblem does not come in 
the category of punishable offence.  
  It has, therefore, been decided to make a law to regulate the use 
of the State Emblem in the State of Uttar Pradesh in the light of the 
State Emblem of India (Prohibition of Improper Use) Act, 2005 (Act no. 
50 of 2005). 
  The Uttar Pradesh State Emblem (Prohibition of Improper 
Use) Bill, 2019 is introduced accordingly. 
 
By order, 
J.P. SINGH-II, 
Pramukh Sachiv. 
  

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