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Additional Director,
Wildlife Crime Control Bureau, New Delhi.
Subject: Legal Notice under section 55 of the Wildlife Protection Act, 1972,
on the eve of International Day for Biological Diversity.
Zero FIR against operators of KVIC, Maharashtra KVIB along with Trade Mark officials for the violation of
section 9, 39, 63, 64 of the Wildlife Protection Act, 1972 read with the Wild Life (Stock Declaration) Central
Rules, 1973 & Declaration of Wild Life Stock Rules, 2003: IPC 188, 120-B with the Prevention of
Unlawful Activities in India & Biological Diversity Act, 2002.
References:
1. Section 9: Prohibition of Hunting - No person shall hunt any wild animal specified in Schedule, I, II,
III and IV except as provided under section 11 and section 12.
2. Section 39 (1)(c): Wild Animal, etc. to be Government property - Ivory imported into India and an
article made from such ivory in respect of which any offence against this Act or any rule or order
made thereunder has been committed.
3. Section 63: Power of Central Government to make rules.
4. Section 64: Power of State Government to make rules.
Greetings,
It is humbly submitted that:
1. Khadi & Village Industries Commission, obtained trade marks of many brand as Kutir, Khadi &
Sarvodaya keeping in view class 20 of the Trade Marks Rules, 2002 under Trade Marks Act, 1999.
2. Affidavits related to trade Ivory has been submitted by the KVIC & Maharashtra State Khadi &
Village Industries Board, during application under class 20.
3. Raw materials with finished goods might be available with the marketing network of all Ivory
traders, obtained Trade Mark under class 20 for Ivory trading.
4. KVIC also applied under class 20 for brand Charkha, excepting Ivory.
As per guidelines of the Ministry of Home Affairs, zero FIR can be lodged, incase of cognizable offense in
legal terms, whereas all offenses under above said legislations, legal Notices required under section 55 of the
Wildlife Protection Act, 1972 but sections of IPCs are cognizable in legal terms, complaint already moved
with Delhi Police.
Details for registration number : MOEAF/E/2020/00645
Name of Complainant Naresh Kadyan
Date of Receipt 16/05/2020
Received by Ministry of Environment, Forest and Climate Change
Grievance Description
Immediate attention: Wildlife Crime Control Bureau:
To,
SHO, IP Estate Police Station,
New Delhi.
Subject: FIR against operator of KVIC at Rajghat & Maharashtra KVIB for the violation of the 188, 120-B,
420 IPC read with section 2, 9, 39, 40, 63, 64 of the Wildlife Protection Act, 1972: Refrence:
MOEAF/E/2020/00036 read with LG Listening Post No. 2020003835.
Greetings,
Kindly refer to Wordmark with logo registered under class 20 of Trade Marks Act, 1999, complete details
attached here with as ready reference.
KHADI
SARVODAYA
KHADI INDIA (Hindi & English)
Whereas, trading & possession of Ivory & Whalebone, is not permissible under law, besides it KVIC dare
to registered as Trade Mark to trade objectionable wild animal trophies.
It would be pertinent to mention here that WCCB explained KVIC on our report, their Negative list was
amended, omitting scheme related to Elephant ivory, again crime against wildlife with the active
participation of the Controller General of Patents, Designs & Trade Marks, at Mumbai.
Hence:
1. Confiscate objectionable stock under the custody of KVIC, Ivory & Whalebone etc.
2. Book tainted officials under laws of the land.
3. Cancellation of Trade Mark, handling objectionable items.
The Inspector General of Wildlife forwarded above said matter to the WCCB & CWLW of Maharashtra but
no action has been taken by them, neither confiscated illegal, undeclared stock of IVORY from their
custody.
Being an cognizable offense in legal terms, I lodge complaint for legal action on the web portal as LG
Listening Post.
It would be pertinent ro mention here that as per Class 20: FOURTH SCHEDULE TO TRADE MARKS
RULES, 2002: 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 KVIC also applied under class 20 to registered Trade Mark for
Charkha, explaining activities other than IVORY.
PRAYERS:
1. Controller General of Patents, Designs & Trade Marks is a co-accused, promoting crime against IVORY,
granting Trade Mark.
2. KVIC / Maharashtra KVIB committed as stated above, unaccountable illegal stock of undeclared
IVORY, needs immediate confiscation, lodging FIR agaist operators of KVIC at Rajghat with Maharashtra
KVIB, for the violation of the 188, 120-B, 420 IPC read with section 2, 9, 39, 40, 63, 64 of the Wildlife
Protection Act, 1972
Current Status Case closed
Date of Action 22/05/2020
Remarks
The grievance has been referred to Additional Director, WCCB and Chief Wildlife Warden of all States/UTs
of India for necessary action
Officer Concerns To
Officer Name Shri Saumitra Dasgupta
Officer Designation Inspector General WL
Contact Address Indira Paryavaran Bhavan Jor Bagh Road New Delhi