No 92-15/2012-CoordlO&M
Government of India
Ministry of
Communications & l T
Department of Posts
Coord./O&M Section
Dak Bhawan, Sansad Marg,
New Delhi-1 10001
Dated : 12th
June , 2012
To
All Head of Circles
Subject
: Strict compliance of the
provisions contained in the Flag Code of
India 2002, Prevention of insults to
National Honour Act, 1971 ; State Emblem of India (Prohibition of improper Use) Act, 2005 and in
the State Emblem of India (Regulation of Use) Rules, 2007 – Regarding
Sir/Madam,
I am directed to
circulate herewith a copy of the letter No.19/'1 112}12-Public dated 28th
May, 2012 on the above mentioned subject
received from Ministry of Home Affairs for strict compliance of the provisions
contained in these Acts, Rules and Code.
2.
Further, it may be ensured that the instructions contained in letter
No.13/1/2009- public dated 9th March, 2012 regarding Display of complete State Emblem of India
with the motto "Satyameva Jayate" - Truth alone triumphs - written in
Devanagari script below the profile of the Lion Capital" circulated vide
this office letter of even number dated 10th-12th April, 2O12rare being
observed in letter and spirit.
Encl
:As above
Yours faithfully,
Sd/-
(Harish Pokhriyal)
ADG ( Admn.
)
No. 19 / 11 / 2012-Public
Government o India /
Bharat Sarkar
Ministry of Home Affairs
/ Grih Mantralaya
North Block. New
Delhi.
Dated the 28th
May, 2012
To
The Chief Secretaries
/ Administrators of all State
Governments / UT Administraton
Secretaries of all Ministries
/ Deptts. of Govt. of India.
Subject:- Strict compliance o{ the
provisions contained in the Flag Code of India 2002, Prevention of Insults to
National Honour Act, 1971,; State Emblem of India (Prohibition of Improper Use)
Ac! 2005 and in the State Emblem of India (Regulation of Use) Rules, 2007
Sir/Madam,
As per direction given
by the Hon'ble High Court of Allahabad, Lucknow Bench, Lucknow in hearing of
the case no. Writ Petition No. 5920 (M/B) (PIL) of 2001, copies of the Flag
Code of India 2002, Prevention of Insults to National Honour Act,1971., the
State Emblem of India (Prohibition of Improper Use) Act, 2005 and the State
Emblem of India (Regulation of Use) Rules, 2007 [read with the State Emblem of
India (Regulation of Use) Amendment Rules, 2010] are enclosed herewith for
strict compliance of the provisions contained in these Acts, Rules and Code.
2.
It is also requested that suitable instructions in this regard may please be issued
to all the concerned agencies. Strict action should be taken against the concerned
officials and individuals/organizations for any violation of the provisions of
the said Acts, Rules and Flag Code of India 2002.
Encls.
: As above
Yours faithfully,
Sd/-
(Shyamala
Mohan)
Director to the Govt.
of India
Tel. No. 2309 2587
THE PREVENTION OF INSULTS TO
NATIONAL HONOUR ACT, 1971
No. 69 of 1971 (23rd December 1971)
(Amended by the
Prevention of Insults to National Honour (Amendment Act, 2005)
No. 5 I of 2005 (20th
December 2005)
An Act to prevent
insult to National Honour
Be it enacted by
Parliament in the Twenty- second year of the Republic of India as follows: -
1.
SHORT
TITLE AND EXTENT
1. This Act may be called the
Prevention of Insults to National Honour Act, 1971
2. It extends to the whole of India.
2.
INSULT TO INDIAN NATIONAL FLAG AND CONSTITUTION OF INDIA
Whoever in any public
place or in any other place within public view burns, mutilates, defaces, defiles,
disfigures, destroys, tramples upon or *otherwise shows disrespect to or brings
into contempt (Whether by words, either spoken or written, or by acts ) the Indian National Flag or the Constitution
of India or any part thereof, shall be punished with imprisonment for a term
which may extend to three years, or with fine, or with both.
Explanation I - Comments expressing
disapprobation or criticism of the Constitution or of the Indian National Flag
or of any measures of the Government
with a view to obtain an amendment of the Constitution of India or an
alteration of the Indian National Flag by lawful means do not constitute an
offence under this section.
Explanation 2 - The expression, "Indian
National Flag" includes any picture, painting, drawing or photograph, or other visible representation
of the Indian National Flag, or of any part or parts thereof, made of any
substance or represented on any substance'
Explanation 3 - The expression "public
place" means any place intended for use by, or accessible to, the public
and includes any public conveyance.
*Explanation 4 - The disrespect to the Indian
National flag means and includes-
(a) a gross affront or indignity offered
to the Indian National Flag; or
(b) dipping the Indian National Flag in
salute to any person or thing; or
© flying the National Flag at
half-mast except on the occasions on which the flag is flown at half-mast on
public buildings in accordance with the instructions issued by the Government;
or
(d) using the Indian National Flag as a drapery in any form whatsoever except in
state funerals or armed forces or other para-military forces funerals; or
(e) #using the Indian National Flag:-
(i)
As
a portion of costume, uniform or accessory of any description which is worn
below the waist of any person; or
(ii) by embroidering or printing it on
cushions, handkerchiefs, napkins undergarments or any dress material: or
(f) putting any kind of inscription upon
the Indian National Flag ; or
(g) using the Indian National Flag as a
receptacle for receiving, delivering or carrying anything except flower petals
before the Indian National Flag is unfurled as part of celebrations on special occasions including
the Republic Day or the Independence Day; or
(h) using the Indian National Flag as covering
for a statue or a monument or a speaker's desk or a speaker's platform; or
(i) allowing the Indian National Flag to
touch the ground or the floor or trail in water intentionally; or
(j) draping the Indian National Flag over
the hood, top, and sides or back or on a vehicle, train, boat or an aircraft or
any other similar object; or
(k) using the Indian National Flag as a
covering for a building; or
(l) intentionally displaying the Indian
National Flag with the "saffron" down'
3.
PREVENTION
OF SINGING OF NATIONAL ANTHEM
whoever intentionally
prevents the singing of the Indian National Anthem or causes disturbances to
any assembly engaged in such singing shall be punished with imprisonment for a
term, which may extended to three years, or with fine, or with both.
*3A.
MINIMUM PENALTY ON SECOND OR SUBSEQUENT OFFENCE
Whoever having already been convicted of an
offence under section 2 or section 3 is again convicted of any such offence
shall be punishable for the second and for every subsequent offence, with imprisonment for a term, which
shall not be less than one year.
Note 1: * Inserted vide The Prevention of
Insults to National Honour (Amendment) Act, 2003 (No. 31 of 2003
dated_8.5,2003)
Note 2: # Inserted vide The Prevention of
Insults to National Honour (Amendment) Act,.2005 (No. 51 of 2005 dated 20.12.2005 )
THE GAZETTE OF INDIA EXTRAORDINARY
[ Part – II ]
( b ) "emblem" means the State Emblem of
India as described and specified in the Schedule to be used as an official seal
of the Government.
3.
Notwithstanding anything 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 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
authorized by it in this behalf.
Explanation - For The purposes of this
section, "person" includes a former functionary of the Central
Government or the State Governments.
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.
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 a 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 Central Government and the decision of the Central Government thereon
shall be final.
6.
(1) The Central
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
Central Government and the State
Government and their organizations including diplomatic missions abroad,
subject to such restrictions and conditions as may be prescribed.
(2) Subject to the provisions of this Act, the Central
Government shall have powers-
(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 Parliament, Members of Legislative Assemblies, officers
of the Central Government and the State Governments;
(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
Central Government and the State Governments;
(d) to provide for guidelines for display
of emblem on public buildings in India, the diplomatic missions and on the
buildings occupied by the India's consulates abroad;
(e) to specify conditions for the use of
emblem for various other purposes including the use for educational purposes
and the armed forces personnel;
(fl to do all such things (including the
specification of design of the emblem and its use in the manner whatsoever) as
the Central Government considers necessary or expedient for the exercise of the
foregoing powers.
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
provisions 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.
8.
No prosecution for any offence punishable under this Act shall be instituted, except
with the previous sanction of the central Government or of any officer authorized
in this behalf by general or special order of the central Government.
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.
10.
The provisions of this Act or any rule made there under shall have. Effect notwithstanding
anything inconsistent therewith contained in any other enactment or instrument
having effect by virtue of such enactment.
11. (1)
The central Government may, by notification in the official 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 emblem under section 4;
(b) making rules to regulate the use of
the emblem in official seal of the Government and specifying restrictions and
conditions relating there to under sub section
(1) of 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) authorizing 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.
(3)
Every rule made under this section shall be laid, as soon as may be after it is
made, before each House of Parliament while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately
following the. session or the successive sessions aforesaid, both houses agree
in making any modification in the rule or both houses agree that the rule
should not be made, the rule shall thereafter have effect only in such modified
form or be of no effect as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.
THE SCHEDULE
[ See section 2 (b)]
STATE EMBLEM OF INDIA
DESCRIPTION AND DESIGN
The state Emblem of
India is an adaptation from the Sarnath Lion capital of Asoka which is
preserved in the Sarnath museum. The
Lion Capital has four lions mounted back to back on a circular abacus: the
frieze of the abacus is adorned which sculptures in high relief of an elephant,
a galloping horse, a bull and a lion separated by intervening Dharma Chakras. The abacus rests on 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 the 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 script below the profile
of the Lion Capital is part of the State Emblem of India.
The State Emblem India
shall conform to the designs as set out in Appendix I or Appendix II.
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