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Before the Hon’ble Chief Justice, Supreme Court of India, New Delhi
Naresh Kadyan, Fighter by spirit: Activist by mission: Jat by birth: Cobbler by profession: Humanitarian
by choice; Chief National Commissioner, Scouts & Guides for Animals & Birds, C-38, Rose Apartment,
Prashant Vihar, sector-14, Rohini, Delhi – 110085 with Smt. Sukanya Berwal of Ahmadabad.

WhatsApp: 9813010595 MMSME/E/2020/00277 Email: kadyan.ipfa@gmail.com

………………Petitioners.
Versus
1. Khadi & Village Industries Commission through its Chief Executive Officer
2. Secretary to the Ministry of Micro, Small and Medium Enterprises
3. Controller General of Patents, Designs and Trade Marks
4. Registrar General of Lok Sabha
5. Registrar General of Rajya Sabha
………………Respondents.
Respectfully showeth:
Being Member of IUCN Commission on Education & Communication - Jat by birth, cobbler by
profession, activist by mission, fighter by spirit and humanitarian by choice: Gandhian by vision & action
as habitual Khadi worrier.
It is humbly submitted that:
1. The Khadi and Village Industries Commission (KVIC) is a statutory body established by an Act
of Parliament (No. 61 of 1956, as amended by act no. 12 of 1987 and Act No.10 of 2006. In April
1957, it took over the work of former All India Khadi and Village Industries Board.
The broad objectives that the KVIC has set before it are:
• The social objective of providing employment.
• The economic objective of producing saleable articles.
• The wider objective of creating self-reliance amongst the poor and building up of a strong rural
community spirit.
RTI Request Registration number MMSME/R/E/20/00131
Public Authority Ministry of Micro, Small and Medium Enterprises
Scouting for PMEGP protecting Negative list of KVIC & reservation in fiscal benefits:
As per basic PMEGP scheme Negative words comes 4 times repeatedly, describing the activities under
the fold of PMEGP, many implementing agencies like KVIC as Nodal Agency, KVIB for rural areas,
whereas DIC or urban & rural both along with many more including Panchyati Raj Institutions, besides it
Negative list of KVIC was revised due to my tireless services, omitting tusk activity.
During COVID-19 lockdown, a flood of hand sanitizers 69% ISOPROPYL ALCOHOL, keeping in view
Ingredient with Khadi India logo, which is a trademark property & claiming KVIC certification, hence
following information be provided along with relevant Noting parts & letter, circular, guidelines, orders
issued along with complaints with disposal reports:
Any Hotel or Dhaba or sales outlet serving liquor, covered under Negative list but manufacturing,
trading, consumption outside Hotel or Dhaba, carrying & possession with use of liquor is not a
Negative list, supply KVIC advices - opinions about above said controversies.
As per the Constitution (One Hundred and Third Amendment) Act, 2019:
A) In article 15 of the Constitution, after clause (5), the following clause shall be inserted,
namely: (6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of
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article 29 shall prevent the State from making: (a) any special provision for the advancement of
any economically weaker sections of citizens other than the classes mentioned in clauses (4) and
(5) and (b) any special provision for the advancement of any economically weaker sections of
citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions
relate to their admission to educational institutions including private educational institutions,
whether aided or unaided by the State, other than the minority educational institutions referred to
in clause (1) of article 30, which in the case of reservation would be in addition to the existing
reservations and subject to a maximum of ten per cent of the total seats in each category.
Explanation: For the purposes of this article and article 16, economically weaker sections shall be
such as may be notified by the State from time to time on the basis of family income and other
indicators of economic disadvantage.
B) In article 16 of the Constitution, after clause (5), the following clause shall be inserted,
namely: (6) Nothing in this article shall prevent the State from making any provision for the
reservation of appointments or posts in favour of any economically weaker sections of citizens
other than the classes mentioned in clause (4), in addition to the existing reservation and subject
to a maximum of ten per cent of the posts in each category.
Supply me complete details along with grievances received & their disposal decision about
eligibility - applicable on the applicants under PMEGP, to grant margin money subsidy.
2. The Trade Marks Registry was established in India in 1940 and presently it administers the Trade
Marks Act, 1999 and the rules made there under. It acts as a resource and information Centre and
is a facilitator in matters relating to trademarks in the country. The objective of the Trade Marks
Act, 1999 is to register trademarks applied for in the country and to provide for better protection
of trademark for goods and services and also to prevent fraudulent use of the mark. The main
function of the Registry is to register trademarks which qualify for registration as per provisions
of the Trade Marks Act and Rules, and to maintain the Register of trademarks.
3. KVIC granted trade mark under Class 33 for Alcoholic beverages (except beers): A trademark is
a type of intellectual property consisting of a recognizable sign, design, or expression which
identifies products or services of a particular source from those of others, although trademarks
used to identify services are usually called service marks.
4. Prime Minister Employment Generation Programme (PMEGP): The scheme is implemented by
Khadi and Village Industries Commission (KVIC) functioning as the nodal agency at the national
level. At the state level, the scheme is implemented through State KVIC Directorates, State Khadi
and Village Industries Boards (KVIBs), District Industries Centres (DICs) and banks. In such
cases KVIC routes government subsidy through designated banks for eventual disbursal to the
beneficiaries / entrepreneurs directly into their bank accounts.
Prayers:
1. 10% Reservation for Economical weaker sections of Upper Caste & Community, modifying
Constitution (One Hundred and Third Amendment) Act, 2019, under Prime Minister
Employment Generation Programme (PMEGP).
2. Alcoholic items be allowed under Prime Minister Employment Generation Programme
(PMEGP), modifying the guidelines, in the interest of public at large, keeping in view the
decision of KVIC, taken in its 633rd meeting, which was held on 26-5-2016, besides it Trade
Marks under class 33. Review on the Negative list with definition of Village Industry as well.
3. Khadi, Kutir, Sarvodaya may be protected under the Emblems and Names (Prevention of
Improper Use) Act, 1950: Introduction of Rules & Regulations by law, protecting KVIC
Naresh Kadyan, Fighter by spirit: Activist by mission: Jat by birth: Cobbler by profession: Humanitarian
by choice; Chief National Commissioner, Scouts & Guides for Animals & Birds, C-38, Rose Apartment,
Prashant Vihar, sector-14, Rohini, Delhi – 110085 with Smt. Sukanya Berwal of Ahmadabad
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Before the Hon’ble Chief Justice, Supreme Court of India, New Delhi
Naresh Kadyan, Fighter by spirit: Activist by mission: Jat by birth: Cobbler by profession: Humanitarian
by choice; Chief National Commissioner, Scouts & Guides for Animals & Birds, C-38, Rose Apartment,
Prashant Vihar, sector-14, Rohini, Delhi – 110085 with Smt. Sukanya Berwal of Ahmadabad.

WhatsApp: 9813010595 Email: kadyan.ipfa@gmail.com

………………Petitioners.
Versus
1. Khadi & Village Industries Commission through its Chief Executive Officer
2. Secretary to the Ministry of Micro, Small and Medium Enterprises
3. Controller General of Patents, Designs and Trade Marks
4. Registrar General of Lok Sabha
5. Registrar General of Rajya Sabha
………………Respondents.

INDEX
1. KVIC Trade Mark under class 33: Pending for approval 4-5
2. KVIC Trade Mark under class 33: Approved by Competent Authority 6-7
3. KVIC communications related to 633rd Meeting, related to employment generation 8-10
4. Constitution (One Hundred and Third Amendment) Act, 2019 11-12
5. Communications under RTI 13-14
6. Communications related bio products of Negative list: Slaughter House 15-17
7. Representation about Emblems and Names (Prevention of Improper Use) Act, 1950 18-20
8. Press Information Bureau releases 21-23
9. Question – Answer in Rajya Sabha about misuse of Trade Mark 24-27
10. Applications under Right to Information Act, 2005 28-29

Naresh Kadyan, Fighter by spirit: Activist by mission: Jat by birth: Cobbler by profession: Humanitarian
by choice; Chief National Commissioner, Scouts & Guides for Animals & Birds, C-38, Rose Apartment,
Prashant Vihar, sector-14, Rohini, Delhi – 110085 with Smt. Sukanya Berwal of Ahmadabad.
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Subject: The Emblems and Names (Prevention of Improper Use) Act, 1950 needs amendments
including KHADI: SARVODAYA: KUTIR, preventing misuses: KVIC to introduce Rules &
Regulation’s.

Greetings,PRSEC/E/2020/08163: PMOPG/E/2020/0367350: MMSME/E/2020/00281: CAGAO/E/2020/03983

Being Fighter by spirit: Activist by mission: Jat by birth: Cobbler by profession: Humanitarian by choice: Gandhian
by vision & action as habitually Khadi Worriers, It is submitted, that:

KVIC adopted wrong mechanism to safeguards the misuse of Khadi, Savodaya, Kutir because the
leadership of the KVIC has no vision, how to prevent the misuse of their Assets, because manpower with
public funds were misused along with power & authority, being misguiding authorities of Trade Marks Act,
1999 as KVIC obtained Trade Mark for activities covered under Negative list, whereas KVIC, never
performed as per legal mechanism.

Emblems and Names (Prevention of Improper Use) Act, 1950:

Section 3:
Notwithstanding anything contained in any law for the time being in force, no person shall, except in
such cases and under such conditions as may be prescribed by the Central Government, use or continue
to use, for the purpose of any trade, business, calling or profession, or in the title of any patent, or in
any trade mark or design, any name or emblem specified in the Schedule or any colourable imitation
thereof without the previous permission of the Central Government or such officer of Government as
may be authorised in this behalf by the Central Government.
Section 4: 1) Notwithstanding anything contained in any law for the time being in force, no competent
authority shall:
(a) Register any company, firm or other body of persons which bears any name, or
(b) Register a trade mark or design which bears any emblem or name, or
(c) Grant a patent in respect of any invention which bears a title containing any emblem or name,
If the use of such name or emblem is in contravention of section 3.
(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 may refer the question to the Central
Government, and the decision of the Central Government thereon shall be final.
Section 8:
Power of the Central Government to amend the Schedule: The Central Government may, by
notification in the Official Gazette, add to or alter the Schedule and any such addition or alteration
shall have effect as if it has been made by this Act.
Section 9: Power to make Rules:
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the
purposes of this Act.
(2) Every rule made under this Act 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 Khadi and Village Industries Commission Act, 1956:

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Section 26: Power to make Rules:

(1) The Central Government may, by notification in the Official Gazette, make rules to give effect to the
provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for
all or any of the following matters, namely:--

(a) the manner of filling casual vacancies among the members of the Commission and the terms and conditions of
service of the Chairman, the Chief Executive Officer, the Financial Adviser and other members of the Commission
including the salary and allowances to be paid to them and the travelling and daily allowances to be drawn by them
when they are on tour;

(aa) the powers to be exercised and functions to be discharged by the Chief Executive Officer under sub-
section (1) of section 5;
(ab) the financial matters in respect of which the Financial Adviser shall be in charge under section 5A;
(ac) the transaction of business at the meetings of the Board under sub-section (2) of section 10;

(b) the procedure to be followed in removing a member who is or becomes subject to any disqualification;
(c) the term of office and other conditions of service of, the procedure to be followed in the discharge of functions
by, and the manner of filling casual vacancies among members of the Board.
(dd) the constitution of the Standing Finance Committees under sub-section (1) of section 19 A;
(ddd) the procedure to be followed by the Tribunal in deciding questions referred to it under sub-section (2) of
section 19B;
(e) the date by which, and the form in which, the budget shall be prepared and submitted in each year under sub-
section (1) of section 20;
(f) the procedure to be followed for placing the Commission in possession of funds;
(g) the procedure to be followed and the conditions to be observed in borrowing moneys or in granting loans;
(h) the conditions subject to which, and the mode in which, contracts may be entered into by or on behalf of the
Commission;
(i) the form and manner in which the accounts of the Commission shall be maintained under sub-section (1) of
section 23;
(j) the form and manner in which the returns, reports or statements shall be submitted under section 23; and
(k) any other matter which has to be, or may be, prescribed.

Section 27: Power to make Regulations:

(1) The Commission may, with the previous sanction of the Central Government, by notification in the Official
Gazette, make regulations not inconsistent with this Act and the rules made thereunder, for enabling it to discharge
its functions under this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all
or any of the following matters, namely:--
(a) the terms and conditions of appointment and service and the scales of pay of officers and servants of the
Commission, other than the Chief Executive Officer and the Financial Adviser to the Commission, including
payment of travelling and daily allowances in respect of journeys undertaken by such officers and servants for the
purpose of this Act;
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(b) the time and place of meetings of the Commission, the procedure to be followed in regard to transaction of
business at such meetings and the quorum necessary for the transaction of such business at a meeting;
(ba) the transaction of business at the meetings of the Zonal Committee under sub-section (2) of section 12A;
(bb) the summoning and holding of meetings, and the conduct of business of a Standing Finance Finance
Committee;
(c) the delegation of powers and duties to or any employee of the Commission;
(d) the maintenance of minutes of meetings of the Commission and of the Board and the transmission of copies
thereof to the Central Government;
(e) the persons by whom, and the manner in which, payments deposits and investments may be made on behalf of
the Commission;
(f) the custody of moneys required for the current expenditure of the Commission and investment of moneys not so
required;
(g) the maintenance of accounts; and
(h) the form in which certificates of genuineness of khadi and products of village industries may be granted by the
Commission and the fees chargeable in respect thereof.
(2A) The power to make regulations under this section with respect to the terms and conditions of service and the
scales of pay and pension to be paid to the employees of the Commission shall include the power to give
retrospective effect from a date not earlier than the commencement of this Act, to such regulations or any of them
but no retrospective effect shall be given to any such regulation so as to prejudicially affect the interest of any
person to whom such regulation may be applicable.
(3) The Central Government may, by notification in the Official Gazette, rescind any regulation which it has
sanctioned and thereupon the regulation shall cease to have effect.

Section 28: Rules and Regulations to be laid before Parliament:

Every rule and every regulation made under this Act 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 regulation or both Houses agree that the rule or regulation should not be made, the rule or
regulation 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 or regulation.
Yours in Scouting’s,

Naresh Kadyan
with consultations Smt. Sukanya Berwal, Commissioner of Education

Distribution:
1. Controller General of Patents, Designs & Trade Marks
2. Registrar General of Lok Sabha / Rajya Sabha
3. Comptroller and Auditor General of India
4. Cabinet Secretary to Govt. of India
5. Central Vigilance Commission
6. Lokpal of India
7. KVIC
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RTI Request Registration number CAGIN/R/E/20/00765

Public Authority Comptroller and Auditor General of India

RTI Request Registration number KVICO/R/E/20/00119

Public Authority Khadi & Village Industries Commission

RTI Request Registration number RSECT/R/E/20/00130

Public Authority Rajya Sabha Secretariat

RTI Request Registration number LOKPL/R/E/20/00063

Public Authority LOKPAL

Scouting for Gandhian Ideology & Philosophy by Smt. Sukanya Berwal:

Being Fighter by spirit: Activist by mission: Jat by birth: Cobbler by profession: Humanitarian by choice: Gandhian
by vision & action as habitually Khadi Worriers, It is submitted, that the leadership of the KVIC, adopted wrong
mechanism to safeguards the misuse of Khadi, Savodaya, Kutir because they have no vision, how to prevent the
misuse of their Assets, whereas manpower with public funds were misused along with Chairman of the KVIC,
power & authority, besides misguiding the other authorities, under Trade Marks Act, 1999 as KVIC obtained Trade
Mark for activities covered under Negative list, whereas KVIC, never performed as per legal mechanism, hence all
communications received & made on the above said positions including concerned Noting portions & circular,
order, guidelines passed, besides similar papers required with all relevant notings:
1. Action taken on the grievances bearing No. PRSEC/E/2020/08163: PMOPG/E/2020/0367350:
MMSME/E/2020/00281: CAGAO/E/2020/03983
2. Complete list of Classification of goods, identify as Class 1 to 34 of the Controller General of Patents, Designs &
Trade Marks, under Trade Marks Act, 1999, which are produced by the KVIC
3. Complete list of Classification services identify as Class 35 to 45 of the Controller General of Patents, Designs &
Trade Marks, under Trade Marks Act, 1999, which are provided by the KVIC
4. Copies of KVIC Authority to sublet their Trade Mark against Royalties to others
5. Compliance of section 28 of the KVIC Act, 1956, w.e.f. 24-7-1987 onwards till date, all Rules & Regulations made
hereunder be laid down before Parliament, supply me details related to each & every activities under legal
provisions as statutory duty as 1 Notification under section 1, Notifications 5 under section 4, Notifications 2 to
perform KVIC functions as per section 15, Notification 1 under section 19B, Notification 1 under section 25,
Regulations 7 as per section 26 with 2 Rules, as per section 27, total 21 Notifications
6. Complete list, details of the activities under the approved Negative list, under which Trade Mark applied,
pending, rejected & granted, describing the activities of KVIC
7. Complete list, details of the pending proposals to obtain trademarks under which class
8. Complete list, details of the required fee paid, head wise expenditure, utilization of public funds to obtained,
performed as stated above 1 to 7, since beginning till date with copies of letters of VK Saxena as Chairman, related
to trademarks
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9. Complete list, details about the misuse of Khadi, Savodaya, Kutir, all around Universe with action taken by KVIC
to stop
10. Alcohal, bye products of Slaughter Houses can be used as a raw materials, being permissible keeping in view
Negative list
11. Describe creating demands of bye products of the activities covered under Negative list of KVIC, eligible to
obtained margin money under PMEGP
12. Complete list, details of refinance scheme of existed units, grant in aid margin money claimed - disbursed with
head - region - Industry wise, since beginning till date, under PMEGP

RTI Request Registration number RSECT/R/E/20/00130

Public Authority Rajya Sabha Secretariat

Scouting for Gandhian Ideology & Philosophy by Smt. Sukanya Berwal:

Being Fighter by spirit: Activist by mission: Jat by birth: Cobbler by profession: Humanitarian by choice: Gandhian
by vision & action as habitually Khadi Worriers, It is submitted, that the leadership of the KVIC, adopted wrong
mechanism to safeguards the misuse of Khadi, Savodaya, Kutir because they have no vision, how to prevent the
misuse of their Assets, whereas manpower with public funds were misused along with Chairman of the KVIC,
power & authority, besides misguiding the other authorities, under Trade Marks Act, 1999 as KVIC obtained Trade
Mark for activities covered under Negative list, whereas KVIC, never performed as per legal mechanism, hence all
communications received & made on the above said positions including concerned Noting portions & circular,
order, guidelines passed, besides similar papers required with all relevant notings:
1. Action taken on the grievances bearing No. PRSEC/E/2020/08163: PMOPG/E/2020/0367350:
MMSME/E/2020/00281: CAGAO/E/2020/03983
2. Compliance of section 28 of the KVIC Act, 1956, w.e.f. 24-7-1987 onwards till date, all Rules & Regulations made
hereunder be laid down before Parliament, supply me details related to each & every activities under legal
provisions as statutory duty as 1 Notification under section 1, Notifications 5 under section 4, Notifications 2 to
perform KVIC functions as per section 15, Notification 1 under section 19B, Notification 1 under section 25,
Regulations 7 as per section 26 with 2 Rules, as per section 27, total 21 Notifications
3. Copies of Reports of KVIC, since last 5 years, as per section 24(3) of the KVIC Act, 1956, lay before each House of
Parliament
4. Haryana KVI Board was granted Rs. 18 Core against Government Guarantee loan under CBC Scheme from KVIC,
supply me complete details, present status about head wise recovery, balance amount to be recovered under CBC
from KVIB, Haryana, describing rate of interest per annum charged with panel interest, if any
5. Complete details & Status of Honey Bee with Vermiculture red wigglers white worms & Silk Cocoon as Animals
as PCA ACT, 1960 clarification, keeping in view the Negative list of KVIC
6. Snatching Honey from Bee for profit is a Exploitations, cannot treating as Non Violence, explain reasons, keeping
in view Gandhian Ideology & Philosophy
7. Complete head - State wise budget allocation under Honey Mission of KVIC as Sweet Revolution, with list of bee
boxes beneficiary, source of procurement of these boxes with bee colonies & present status of these bee boxes
8. Complete list of state wise beneficiaries under Khadi Mark Regulation, since beginning till date along with their
activities adopted & Royalties paid to KVIC
9. Copies of Question with Answers, debate on the KVIC activities, since last 5 years.