No. 2(3)(1)/91 SSI Bd.
GOVERNMENT OF INDIA

MINISTRY OF INDUSTRY
OFFICE OF THE DEVELOPMENT COMMISSIONER (SSI)
Nirman Bhavan, New Delhi
Dated 10.8.93

To,

The Secretary (Industries Deptt.)
Govt. of Kerala,
Thiruvananthapuram,
KERALA

Subject: Registration of Industries/SSI units using the words 'India', 'Kerala' etc. clarification reg.

Sir,

Please refer to your letter No. 47917/F.1/92/ID dt. 23rd March, 1993 on the above subject.

In this connection, a reference was made to Ministry of Law, Department of Legal Affairs, Government of India, and they have opined that Sections 3 & 4 of the Emblems & Names (Prevention of Improper use) Act, 1950, read with item 4 of the Schedule, prohibits the use of "The name, emblem or official seal of the Government of India or of any state…" without previous permission of the Central Govt. or an officer authorised in this behalf. Further, item No. 7 of the Schedule, prohibits the use of 'any name which may suggest or be calculated to suggest - patronage of the Government of India or the Govt. of a State'.

In view of the above, the words 'India', 'Kerala' etc. cannot be used by a SSI unit alongwith its name without the permission of the Central Govt. as per provisions contained in the above mentioned Act. The Act does not differentiate between the names, emblems etc. used in brackets or otherwise. Hence, the usage of such words even in brackets is prohibited in terms of the Act.

Regarding the grant of permission for usage of such names by private parties, the Administrative Ministry, namely, the Ministry of Civil Supplies, Consumer Affairs & Public Distribution. Government of India, New Delhi have to be approached and necessary permission obtained from them before using such names.

You may accordingly proceed to take necessary action at your end.

Yours faithfully,

Sd/-
(Raju Sharma)
Director (SSI Bd.& Policy)