GOVMH/E/2022/02505

Community Policing as Scouting for restoring truth, as Gandhian values

Azadi Ka Amrit Mahotsav is an initiative of the Government of India to celebrate
and commemorate 75 years of independence and the glorious history of its people,
culture and achievements.

INDEX
S. No. Particulars Page
1. Resolutions, passed by Scouts and Guides for Animals and Birds 1-4
2. RTI replied by Forest, WCCB and Wildlife wing of MoEAF 5-12
3. Application with affidavit of KVIB objectionable Trademark for IVORY 13-18
4. WCCB to Maharashtra – Replied by WCCB: RTI Communication 19-23
5. Advisory No. 4 of 2020-2021, issued by WCCB 24-25
6. RTI replied by Trademark Authority 26
7. Wildlife wing of MoEAF: RTI replied 27-28
8. Wildlife wing of MoEAF to GST Council 29
9. Replied by 1st Appellate Authority of GST 30-32
10. RTI replied by GST Council 33

With scouting spirit ……………

Naresh Kadyan

Distribution:
1. IUCN India / Resident Commissioner of Maharashtra in Delhi.
2. SGST / GST Council in Delhi.
3. CWLW of Maharashtra.
4. State Biodiversity Board of Maharashtra.
5. Project Elephant of the MoEAF.
6. National Biodiversity Authority.
7. Wildlife Crime Control Bureau: WCCB.
8. Wildlife Wing, Ministry of Environment, Forest and Climate Change.

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The International Union for Conservation of Nature is an international organization
working in the field of nature conservation and sustainable use of natural resources. It is
involved in data gathering and analysis, research, field projects, advocacy and education.
Smt. Sukanya Berwal, Member, IUCN Commission on Education and
Communication, worried about the Nice Classification (NCL), which was
established by the Nice Agreement, which is an international classification of goods
and services applied for the registration of marks.
The Madrid System is a convenient and cost-effective solution for registering
and managing trademarks worldwide. After accession to the Madrid Protocol, a
treaty under the Madrid System for international registration of trademarks,
the Trade Marks Registry also functions as an office of origin in respect of
applications made by Indian entrepreneurs for international registration of their
trademarks and as an office of the designated Contracting party in respect of
international registrations in which India has been designated for protection of
the relevant trademarks.

1. The Controller General of Patents, Designs and Trade Marks, follow the
classification of Trademarks, under fourth schedule of the Trade Marks Rules,
2002, keeping in view class 20, including ivory, shell, amber and whalebones etc,
which violated the section 49 of the Wildlife Protection Act, 1972.
2. GST: Goods and Services Tax Council, included the trophies of wildlife, under
the slab of taxable, consumable goods, keeping in view, the Guidelines on Access
to Biological Resources and Associated Knowledge and Benefits Sharing
Regulations, 2014.
3. National Marine Turtle Action Plan, keeping in view, matter was taken up.
Resolution No. 1:
Review, withdraw and amend, all classification of objectionable and
contradictory wildlife trophies, keeping in view, Wildlife Protection Act, 1972,
read with the National Biological Diversity Act, 2002 and Trademark Act, 1999.

Resolution No. 2:
Review, withdraw and amend, consumable commodity of objectionable and
contradictory wildlife trophies, keeping in view, slab of GST Council.
Reference:
1. DD No. 29A, Dated 19-6-2020, under section 182 IPC, concealing actual facts, to
safeguard offenders, adopted corrupt and malpractices, defamatory as well.
2. GST Council slab of taxable articles.
3. Wildlife Protection Act, 1972.
4. Biological Diversity Act, 2002.
5. Trademark Act, 1999.
Being an active part of Community Policing as man of many achievements and
distinctions: Voice for voiceless: Fighter by spirit: Jat by birth: Philanthropist by
profession: Activist by mission: Humanitarian by choice, Gandhian by vision and action,
being habitual khadi wearers and scout warrior, speaking truth as passion, it is submitted,
that:
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 I am a senior citizen, retired as Commissioner of Bharat Scouts and Guides,
Haryana, Member, IUCN Commission on Education and Communication.
Gandhian values of TRUTH:
Violation of section 103 and 104 of the Trademark Act, 1999, read with the Rule 27
of the Trademark Rules, 2017, are cognizable offense in legal terms as per section
115 of the Trademark Act, 1999: Affidavit of KVIC, to obtain Trademark for
IVORY, claiming that KVIC is engaged in the business of manufacturer / merchant
/ services of the applied goods / services, included in classes under 20:
“Furniture, mirrors, picture frames; goods (not included in other classes) of
wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber,
mother- of-pearl, meerschaum and substitutes for all these materials, or of
plastics”.
Whereas:
1. Maharashtra Khadi and Village Industry Board - KVIB submitted, application with
affidavit, contradictory in nature, keeping in view, above said Affidavit, that KVIB,
neither is engaged in the business of manufacturer / merchant / services of the
applied goods / services, related to IVORY, nor any proposal in future.
2. Maharashtra KVIB tendered above said controversial application with affidavit, as
per Rule 27 of the Trademark Rules, 2017, which violated section 49B of the
Wildlife Protection Act, 1972 along with section 103 and 104 of the Trademark Act,
1999, read with the Rule 27 of the Trademark Rules, 2017, which are cognizable
offense in legal terms as per section 115 of the Trademark Act, 1999, breaching
public trust as well.
3. Wildlife Crime Control Bureau - WCCB, issued Advisory No. 4 of 2020-2021,
related to IVORY, to the KVIC, endorsed to the Authorities of Trademark, whereas
KVIC reply was not satisfactory, keeping in reply of Trademark Authority, that
they have not received WCCB Advisory No. 4 of 2020-2021.
Besides, the disposal of:
MINHA/E/2022/05888, PRSEC/E/2022/10355
PMOPG/E/2020/0424592:
“Moreover, a letter was sent to Department of Forest and Wildlife for seeking
opinion over registered trademark under classes- 20 by KVIC, Raj Ghat. They
stated that having a name of any animal or its articles does not attract any
offence under the provision of the Wildlife (Protection) Act, 1972”.
MINHA/E/2021/06328:
“The complainant has also been requested to file a fresh and separate complaint
regarding allegations against IO / SHO, IP Estate as no substantive material is
placed with the complaint in this regard by the complainant”.
MOEAF/E/2021/01058:
“The grievance has been submitted to GST Council for information and
necessary action”.

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DORVU/E/2022/01484:
“Report from Directorate General of GST: You have suggested removal of all
wildlife articles from the purview of GST and prohibition of trade mark for
unlawful activities, including ivory. It is to inform that prohibitions/ restrictions
against trading of wildlife are not within purview of GST and imposition of
GST, if any, on supply of such items no way takes away any prohibition/
restriction imposed under the Wildlife Act or any other law. Further,
CPGRAMs portal is for redressal of specific grievance. Suggestions do not
constitute a redressable grievance under CPGRAMs”.
2022028727of Delhi:
“An enquiry into the matter got conducted through ACP / Kamla Market
wherein it revealed that the accusations made by the complainant are baseless,
without any proof and are merely a figment of hid imagination with the
intention to malign the image and reputation of KVIC. He falsely informed by
giving the complaint to SHO/IP Estate and various other authorities. The
complainant has committed offence u/s 182 IPC by giving false information. So,
a DD Entry is lodged against accused Naresh Kadyan u/s 182 IPC and will be
submitted before the Honorable Court. Also, the present complainant has filed a
petitions in Honorable Delhi High Court vide CRL. M.C.-2615/2021 and CRL.
M.A.-16881/2021 in respect of present matter and to stay the abovementioned
information/action u/s 182 IPC lodged at PS IP Estate vide DD No-29A, Dated
19/06/2020 and the same is pending in Honorable Court which next date of
hearing is 21/04/2022”.
Resolved, that:
1. Amend all contradictory and objectionable, slab of GST Council.
2. Amend all contradictory and objectionable classification of Trademark.
3. Amend all contradictory and objectionable, commercial use of biological resources.
4. Maharashtra KVIB application with affidavit was untrue, against the Gandhian
values and principles of truth.
5. Maharashtra KVIB committed an offenses, which is cognizable in legal terms, FIR
may be lodged, restoring truth and public trust.
6. Inspector Neki Ram Lamba and Sub Inspector Deepak Kumar, 16080178, D 4234,
then posted at Police Station, IP Estate, mishandled the offenses of cognizable
nature in legal terms, abusing power and authority.
Petitioner’s Address Signature

C- 38, Rose Apartment,

Prashant Vihar, sector- 14,
Rohini, Delhi- 110085.
Naresh Kadyan www.scoutingindia.in
Mobile: 9813010595
Mobile App:
Scouts and Guides for Animals and Birds

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