Central
Section 11 of The State Emblem of India (Prohibition of Improper Use) Act, 2005
- (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 thereto 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)authorising 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 immediatelyfollowing the session or the successive sessions aforesaid, both House 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.
Summary
- The Central Government can make rules to carry out the purposes of this Act by publishing a notification in the Official Gazette.
- These rules can specify cases and conditions regulating the use of the emblem under Section 4.
- These rules can regulate the emblem's use in the official seal, specifying restrictions under Section 6(1).
- These rules can specify details for stationery, design of the official seal, and other matters under Section 6(2).
- The rules can authorise an officer, by general or special order, to give previous sanction for starting a prosecution under Section 8.
- Every rule made under this section must be presented before each House of Parliament for a total of thirty days while it is in session.
Practical examples
1On January 15, 2026, the Central Government drafts a new rule setting up a strict application process for businesses wanting to use the emblem. They publish this rule in the Gazette. Within a week, the rule is laid before both the Lok Sabha and the Rajya Sabha (the two Houses of Parliament) to sit there for thirty days for their review.
2Under a new rule published on March 1, 2026, an officer grants permission to prosecute a shopkeeper. On April 10, 2026, Parliament decides to cancel that specific rule. The shopkeeper's prosecution remains legally valid because it was started before Parliament cancelled the rule.
FAQ
1. Where must the Central Government publish these rules?
They must publish them by notification in the Official Gazette.
2. For how many days must rules be laid before Parliament?
They must be laid for a total period of thirty days.
3. Can the thirty-day parliamentary review happen across more than one session?
Yes, it can be comprised in one session or in two or more successive sessions.
Test yourself
Q1.Which section of the Act gives the Central Government the power to make rules?
Q2.What is the total period for which a rule must be laid before each House of Parliament?
Q3.Under Section 11(2)(a), the rules can provide for cases and conditions regulating emblem use under which other section?
Q4.According to Section 11(2)(d), what can rules provide for regarding Section 8?
Q5.If a rule is cancelled by Parliament, what is the status of things done under that rule before the cancellation?
Q6.How can the thirty-day period in Parliament be completed?