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To, DOPAT/E/2023/0002592

Hon’ble Secretary, DoPT, New Delhi.

Subject: Protest Petition CIC/PRSEC/A/2021/643049: Defeated the purpose of RTI.

Greetings,

Being an active part of Community Policing as man of many achievements and dis-
tinctions: Voice for voiceless: Fighter by spirit: Jat by birth: Philanthropist by profes-
sion: Activist by mission: Cobbler by qualification: Scouting by passion: Humanitar-
ian by choice: Gandhian by vision and action, being habitual khadi wearers and
speaking truth, performing fundamental duties, Social reformer as well, it is humbly
submitted that:

1. I am senior citizen of India, performing my fundamental duties, without gain

and profit, only to safeguard flora and fauna, in the interest of public at large.
2. I am Master Trainer in Animal Welfare, decorated by Govt. of India, retired
as Commissioner, Bharat Scouts and Guides, Haryana.
3. Lifetime working as Chief National Commissioner, Scouts and Guides for
Animal and Birds www.scoutingindia.in along with National Authority for
Animal Welfare, OIPA: Indian People for Animals.
4. I had been CPCSEA nominee, Nodal Inspecting Authority for Haryana and
adjoining Rajasthan, for Animal Welfare Division (Govt. of India) and
Inspecting Authority for Animal Welfare Board of India, for Haryana and
Punjab, as per item No. 3 of 39th AGM of AWBI, keeping in view the
recommendations of Screening Committee of AWBI.

Fundamental duties: It shall be the duty of every citizen of India:

(a) to abide by the Constitution and respect its ideals and institutions, the Na-
tional Flag and the National Anthem.
(b) to cherish and follow the noble ideals which inspired our national struggle
for freedom.
(c) to uphold and protect the sovereignty, unity and integrity of India.
(d) to defend the country and render national service when called upon to do
so.
(e) to promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or sectional di-
versities, to renounce practices derogatory to the dignity of women.
(f) to value and preserve the rich heritage of our composite culture.
(g) to protect and improve the natural environment including forests, lakes, riv-
ers and wild life, and to have compassion for living creatures.
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(h) to develop the scientific temper, humanism and the spirit of inquiry and
reform.
(i) to safeguard public property and to abjure violence.
(j) to strive towards excellence in all spheres of individual and collective activ-
ity so that the nation constantly rises to higher levels of endeavour and
achievement.
(k) who is a parent or guardian to provide opportunities for education to his
child or, as the case may be, ward between the age of six and fourteen years.

Every citizen of India, also a duty bound, as stated above a to k, including CIC.

Whereas, CIC seems to be a loyal towards British Royal family but I don’t agree with
his view, besides he is under oath, should be dedicated towards Indian Constitution.
It would be pertinent to mention here that:
1. Indian Constitution is Supreme, over NICE agreement,
classification and WIPO, these agreements can’t
supersede our legal mechanism.
2. NICE classification, class 20 attracts our legal
mechanism and legislation passed both houses of
Indian Parliament, accented by our President of India,
adopting legal process, to introduce the Wildlife
Protection Act, 1972, as per section 49, ivory is
prohibited by law and banned in India.
3. CGST and Trademark legislations are passed, adopting
legal process of law but hereafter they followed NICE
classification, creating discrimination and contradiction.
4. CPIO and FAA, are also duty bound Constitutionally like
me and CIC, being Indian Citizen, before their official
duties, as public servant and I represented public, as
Community Policing as Scouting for Flora and Fauna.
Following applications were moved:
It is humbly submitted that:
Due to sickness & old age, I was not able to moved 2nd Appeal in time, delay may
kindly be condoned, keeping in view my dedication towards cause, without any gain
& profit, only to protect & safeguard public Interest at large, CPIO reply was not
satisfactory, disposed at his own, without forwarding to other CPIO as per section 6
of RTI Act, whereas FAA also concealed actual information as required, endorsing
CPIO.
It would be pertinent to mention here that CPIO and FAA, stand is baseless because
Information’s as required, in the interest of public at large, including applicant,
being a part of the Society, whereas everyone has legal rights along with
fundamental duties as well, under article 51 A(g) of Indian Constitution, besides
exposing crime against wildlife.
It is further requested that NICE agreement isn’t above the both houses of Indian
Parliament, laws of the land, when wildlife articles are prohibited by law, under
section 49 of the Wildlife Protection Act, 1972 but under influence NICE agreements,
Trade Mark and GST Council accepted NICE agreements, including offenses against
Wildlife Protection Act, 1972, which was notified and applicable in India, after
approval of President Secretariat.

RTI Registration number PRSEC/R/E/21/00752

Public Authority President Secretariat
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Description of Information Sought

Community policing as scouting for Nice classification: Gandhigiri:
International Classification of Goods and Services also known as the Nice Classifi-
cation was established by the Nice Agreement (1957), is a system of classifying
goods and services for the purpose of registering trademarks. It is updated every
five years and its latest 11th version of the system groups products into 45 clas-
ses (classes 1-34 include goods and classes 35-45 embrace services), and allows
users seeking to trademark a good or service to choose from these classes as ap-
propriate. Since the system is recognized in numerous countries, this makes ap-
plying for trademarks internationally a more streamlined process. The classifica-
tion system is specified by the World Intellectual Property Organization (WIPO).
The Nice Classification is based on a multilateral treaty administered by WIPO.
This treaty, consummated on 15 June 1957 in Nice, France, is called the Nice
Agreement Concerning the International Classification of Goods and Services for
the Purposes of the Registration of Marks. This Classification is commonly re-
ferred to as the Nice Classification. The Nice Agreement is open to states who are
parties to the Paris Convention for the Protection of Industrial Property, was re-
vised at Stockholm, in 1967, and at Geneva, in 1977, and was amended in 1979.
As per PRSEC/E/2020/09603: How Trade Mark authorities granted trademarks un-
der class 20 to trade IVORY under KVIC fold as KHADI INDIA, SARVODAYA,
whereas they never applied similar trademarks under CHARKHA brand for IVORY,
besides it they applied rest of items under class 20, hence recall all unlawful activi-
ties of KVIC, trading IVORY at once, with apology. Ivory custody is a punishable
offence, under the section 49-B of the Wildlife (Protection) Act, 1972.
PG Portal reply:
With reference to the subject grievance it is submitted that processing of TM appli-
cation is done under the provision of the TM Act, 1999 and rules made thereunder.
Description of the goods is acceptable to registration of goods and services as per
NICE classification system however Registration is only given exclusive right of
the mark with reference to referred goods only and trade regulation is done as per
prevailing law in this regards. It may further inform that responsibility of Registrar
of TM is limited to processing of application and maintenance of registrar thereto.
Hence, supply me all circulars, guidelines, letters and notifications with file not-
ings, relating to Nice Classification, along with:
1. Class 20 of Nice classification, includes ivory and whalebone, granted exemp-
tion under 49 B of WTI Act, 1972.
2. Legal status of Nice Agreement in India, when its class 20, allowed Ivory, which
is banned in India.
3. In India, Parliament make legislations, but Nice classification is above WP Act,
1972, true or false.

RTI Appeal Registration number PRSEC/A/E/21/00144

Public Authority President Secretariat
Prayer or Relief Sought
Appeal as application may be transferred as per section 6(3) of RTI Act, 2005:
Community policing as scouting for Nice classification: Gandhigiri:
International Classification of Goods and Services also known as the Nice Classifi-
cation was established by the Nice Agreement (1957), is a system of classifying
goods and services for the purpose of registering trademarks. It is updated every
five years and its latest 11th version of the system groups products into 45 clas-
ses (classes 1-34 include goods and classes 35-45 embrace services), and allows
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users seeking to trademark a good or service to choose from these classes as ap-
propriate. Since the system is recognized in numerous countries, this makes ap-
plying for trademarks internationally a more streamlined process. The classifica-
tion system is specified by the World Intellectual Property Organization (WIPO).
The Nice Classification is based on a multilateral treaty administered by WIPO.
This treaty, consummated on 15 June 1957 in Nice, France, is called the Nice
Agreement Concerning the International Classification of Goods and Services for
the Purposes of the Registration of Marks. This Classification is commonly re-
ferred to as the Nice Classification. The Nice Agreement is open to states who are
parties to the Paris Convention for the Protection of Industrial Property, was re-
vised at Stockholm, in 1967, and at Geneva, in 1977, and was amended in 1979.
As per PRSEC/E/2020/09603: How Trade Mark authorities granted trademarks un-
der class 20 to trade IVORY under KVIC fold as KHADI INDIA, SARVODAYA,
whereas they never applied similar trademarks under CHARKHA brand for IVORY,
besides it they applied rest of items under class 20, hence recall all unlawful activi-
ties of KVIC, trading IVORY at once, with apology. Ivory custody is a punishable
offence, under the section 49-B of the Wildlife (Protection) Act, 1972.
PG Portal reply:
With reference to the subject grievance it is submitted that processing of TM appli-
cation is done under the provision of the TM Act, 1999 and rules made thereunder.
Description of the goods is acceptable to registration of goods and services as per
NICE classification system however Registration is only given exclusive right of
the mark with reference to referred goods only and trade regulation is done as per
prevailing law in this regards. It may further inform that responsibility of Registrar
of TM is limited to processing of application and maintenance of registrar thereto.
Hence, supply me all circulars, guidelines, letters and notifications with file not-
ings, relating to Nice Classification, along with:
1. Class 20 of Nice classification, includes ivory and whalebone, granted exemp-
tion under 49 B of WTI Act, 1972.
2. Legal status of Nice Agreement in India, when its class 20, allowed Ivory, which
is banned in India.
3. In India, Parliament make legislations, but Nice classification is above WP Act,
1972, true or false.

Hon’ble CIC, failed to watch and protect the interest of RTI Act, 2005, breaching
public interest, whereas the purpose of RTI was defeated, because CPIO, never
supplied information as desired, hence I strongly protested against their decisions,
besides I don’t seek any advice, I want information as required, in the interest of
public at large.
Decision of CIC:
Records examined and noted hereinabove reveal that information available on
record with the respective public authority which is the actual custodian, has been
disseminated to the Appellant in each of the above appeals. Moreover, applying the
ratio decidendi of the abovementioned precedents, these six Second Appeal are
dismissed, with an advice to the Appellant to refrain in future from seeking varied
information, under the RTI Act, from public authorities, who are not the actual
custodians of the relevant information.
With scouting spirits ………….
Naresh Kadyan
Distribution:
1. All Stakeholders.
2. PG Portal.
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