Naresh Kadyan's activism against the improper use of State Emblem of India along with advise to Anna Hazare

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Naresh Kadyan's activism against the improper use of State Emblem of India along with advise to Anna Hazare Powered By Docstoc
					To,



      1.   The Secretary to the HE the President of India, New Delhi.
      2.   The Chief of Indian Army Staff, New Delhi.
      3.   The Secretary to the Ministry of Home Affairs, New Delhi.
      4.   The Commissioner of Delhi Police, New Delhi.
      5.   The Secretary to the Ministry of Defense, New Delhi.
      6.   The Registrar General, Supreme Court of India, New Delhi.
      7.   The Secretary to the Chairperson, National Advisory Council, New Delhi.



Subject: Petition under the Right to Information Act, 2005 for proper display and use of State Emblem

            Of India regarding.

Greetings,

As per PBI release:

The State Emblem of India is an adaptation from the Sarnath Lion Capital of Emporer Ashoka, who
ruled from 272 BC to 232 BC. It is preserved in the Sarnath Museum, near Varanasi, Uttar Pradesh.
The Lion Capital has four lions standing back to back mounted on a circular abacus. The frieze of
the abacus is adorned with sculptures in high relief of an elephant, a galloping horse, a bull and a
lion separated by intervening Dharma Chakra (Wheels of Law). The abacus rests on a bell-shaped
lotus.

The profile of the Lion Capital showing three lions mounted on the abacus with a Dharma Chakra
in the centre, a bull on the right and a galloping horse on the left, and outlines of Dharma Chakras
on the extreme right and left has been adopted as the State emblem of India. The bell-shaped
lotus has been omitted.

The motto "Satyameva Jayate" (truth alone triumphs) – written in Devanagari script below the
profile of the Lion Capital is part of the State Emblem of India. The motto is taken from an ancient
scripture the Mundaka Upanishad.

For the accurate reproduction of the State Emblem, two standard designs have been approved.
First design is in a simplified form and is intended for reproduction in small sizes such as for use
in stationery, seals and die-printing. For reproduction in bigger sizes, only second design, which
is more detailed should be used.

All reproductions of the State Emblem should strictly conform to the designs In order to obtain
photographic designs of the State Emblem interested individuals can get in touch with the
Manager, Photo Litho Wing, Government of India Press, New Delhi. Samples of standard dies of
the State Emblem can be obtained from the Office of the Chief Controller of Printing and
Stationery, New Delhi.

The State Emblem has also been adopted by the governments of Assam, Bihar, Gujarat,
Maharashtra, Nagaland, Rajasthan and West Bengal. It has been incorporated in the Emblems
adopted by the governments of Andhra Pradesh, Haryana, Kerala, Madhya Pradesh, Karnataka,
Orissa, Punjab and Tamil Nadu. The governments and administrations of all Union Territories
other than Chandigarh and Himachal Pradesh use the State Emblem. The Union Territory of
Chandigarh has incorporated the State Emblem in the emblem adopted by it.

Official Seals

The State Emblem is the official seal of India. As such, use of the State Emblem for official seal is
restricted to the President, the Vice President, Union Ministers, Ministers and others Officers of
the Central Government including diplomatic missions abroad, Governors, Lieutenant Governors,
Chief Commissioners and Administrators of Union Territories and Ministers and departments and
offices of the State governments and of Union Territory governments and administrations who
have adopted the State Emblem. Offices of Central Government permitted to use distinct emblems
of their own may, however, use the same in their seals.

The State Emblem, on demi-official stationery used by Ministers, when printed or embossed
should appear on the top left hand corner in blue colour,. The lettering like "Home Minister" or
"Ministry of Home Affairs" should appear on the top right hand corner. The demi-official
stationery used by officers should be embossed or printed in red colour except when an officer is
specifically authorised to use such stationery in some other colour. Names of officers, however,
should not be printed on such stationery.

The Members of Parliament may have the State Emblem embossed or printed on their stationery.
The colour to be used for the purpose in the case of the Members of the Lok Sabha is green and
red for the Members of the Rajya Sabha. Such stationery when supplied by the Chief Controller of
Printing and Stationery, does not contain the names or addresses of the Members. But the
Members may, at their discretion get such stationery, with their names and addresses printed at
private presses approved for this purpose by the Government of India in the Ministry of Urban
Development.

Where the stationery used by the Members of Parliament, contains the State Emblem it should not
bear words like "Advocate, Supreme Court/High Court" and "Editor…..Journal", below their
names in the letter-heads.

The Members of Legislative Assemblies of Union Territfories and the Members of Metropolitan
Council of Delhi may have the State Emblem embossed or printed on their stationery. The
stationery containing the State Emblem, however, should not bear words like "Advocate, Supreme
Court/High Court" and "Editor…..Journal", below their names in the letter-heads.

Design and Display

The designs of the brass seals and rubber stamps consist of the State Emblem enclosed in oval
frame of adequate thickness. The name of the Ministry or Office should appear between the inner
and outer rims of the frame. The abbreviated forms of names of Ministries/Offices may be
inscribed where it is not possible to accommodate the names in full.

Offices/Officers already permitted to use round shaped brass seals may, however, continue to use
them. Round shaped rubber stamps may be used by Indian Missions/Posts abroad and Ministry of
External Affairs for special purposes such as on Passports, diplomatic identity cards, visas or
entry permits. The round shaped embossing machine consisting of State Emblem is also being
used by passport authorities in India and abroad and Ministries of the Government of India on
communications addressed to Indian Missions/Posts abroad.
There is also a provision for the display of the State Emblem on vehicles. Cars of Rashtrapati
Bhavan, Raj Bhavans or Raj Niwases when the President, Vice-President, Governor of the State,
or the Lt. Governor of the Union Territory or their spouses are traveling by such vehicles within
the State or the concerned Union Territory. In the event of visiting heads or spouses of Foreign
States, Vice-Presidents of Foreign States or dignitaries of equivalent status, visiting Heads of
Foreign Governments or dignitaries of equivalent status like Crown Prince and Princess of
Foreign States, cars of Rastrapati Bhavan can display the State Emblem.

The Emblem may be displayed only on very important public buildings like the Rashtrapati
Bhavan, Raj Bhavans, Raj Niwases, Supreme Court, High Courts, Central Secretariat, Parliament
House, State/Union Territory Secretariats and Legislatures.

The State Emblem may be displayed on the premises of India’s Diplomatic Missions abroad and
residences of Heads of the Missions . It may be displayed on the buildings occupied by India’s
Consulates abroad at the entrance doors thereof and on the residences of Heads of Consular
posts subject to the laws, regulations and usages of the receiving State.

Other Uses

The State Emblem may be used on publications issued and films produced by the Government,
coins, currency notes, promissory notes and postal stamps with such modifications as may be
considered necessary by the Mint or the Press; Medals and Sanads instituted by the Government;
Invitation cards for State functions; New Year and Greeting Cards sent by officers of Indian
Missions abroad for legitimate representational purpose; Representational Glassware Crockery
and Cutlery used at the Rashtrapati Bhavan, Raj Bhavans, Raj Niwases and Indian Missions/Posts
abroad; and Badges, collars, buttons of uniforms of Police and Excise Constabulary which carried
before adoption of this Emblem, the old Coat-of-Arms or Crown; Uniforms of various categories of
Class IV staff of Rashtrapati Bhavan and uniforms of Class IV staff of the Indian Missions/Posts
abroad.

The use of the State Emblem on the uniforms and badges of the Armed Forces shall be governed
by the instructions laid down by the Ministry of Defence in this behalf.

Besides, it may be printed in school textbooks, books on history, art or culture or in any
periodical as part of the text of a Chapter and Section for the purpose of explaining or illustrating
the origin, significance or adoption of the State Emblem. It shall not be used on the front page,
title or cover of any publication except a Government publication.

The State Emblem shall not be used for any trade or profession or in the title of any patent, or in
any trade mark or design except in such cases and under such conditions as may be prescribed
by the Central Governments under Section 3 of The Emblems and Names (Prevention of Improper
Use) Act, 1950. Unauthorised use of the Emblem for such purposes is an offence under the Act.

Private persons, bodies of persons and sports associations are not permitted to use the State
Emblem on their letter-heads, seats, crests, badges, house flags or for any other purpose except
with the permission of the Government.(PIB Features)

So under the RTI Act, 2005 following points’ clarification and information required:

    1. Whether all officers of Indian Police, Para Military Forces, Indian Ordinance Factories, Indian
       Amy, the Territorial Army and the President's Bodyguard as well are using proper state
   emblem of India or not on their shoulder and cap as a rank, seal, banner etc.?, if no then what
   action would you like to take and how much time required to place proper state emblem?
2. Whether Indian Ordinance Factories of India’s are fixing the state emblem on their weapons
   with out Devanagari words, which is the violation of the legislation’s concerned then what
   action would you like to take and how much time required for replacement with proper state
   emblem on the distributed weapons amongst public since beginning till date?
3. Whether state emblem of India fixing on the number plate of a vehicle, which is the place
   below the belt, foot break even and some one fixing it on the back top of their chair is right or
   wrong, where as state emblem is fixed with out Devanagari words on the front gate of the
   Governor House of Punjab at Chandigarh, which is the violation of the concerned legislation’s.
4. THE STATE EMBLEM OF INDIA (PROHIBITION OF IMPROPER USE) ACT, 2005:
    Prohibition of improper use of emblem:
    Notwithstanding anything contained in any other law for the time being in
    Force, no person shall use the emblem or any colourable imitation thereof in any
    manner which tends to create an impression that it relates to the Government or
    that it is an official document of the Central Government, or as the case may be,
    the State Government, without the previous permission of the Central
    Government or of such officer of that Government as may be authorised by it in
    this behalf.
    Prohibition of use of emblem for wrongful gain:
    No person shall use the emblem for the purpose of any trade, business, calling or
    profession or in the title of any patent, or in any trade mark or design, except
    in such cases and under such conditions as may be prescribed
    Previous sanction for prosecution:
    No prosecution for any offence punishable under this Act shall be instituted, except
    with the previous sanction of the Central Government or of any officer authorized
    in this behalf by general or special order of the Central Government.
    Where as Delhi State Rifle Association is using state emblem of India with out
    Devanagari word in their official logo, complaint has been lodged with the Hauz
    Khas Police Station in New Delhi, like wise matter has been raised before the
    Superintendent of Police, Bhiwani for improper use of state emblem of India by
    Boxer Vijender Singh but no action has been taken against offenders, why?
    Please supply me the copy of authorised officials to give previous sanction for
    prosecution under this Act and how many sanctions have been issued against whom,
    by which authority and how many previous sanctions were not accorded, under
    which circumstances since beginning till date?
    FLAG CODE OF INDIA:
    The National Flag of India shall be made of hand spun and hand woven wool /
    cotton / silk Khadi bunting.
    Where as plastic materials have been used while preparing National Flag of India,
    which is the violation of the Flag Code of India and 30,000 plastic flag were caught
    in the presence of Delhi Police, complaint has been lodged with the Police Post,
Rohini Court, Delhi under jurisdiction of the Prashant Vihar Police Station but no
action has been taken so far against the offenders, why?
His Excellency Padmashree Dr. D Y Patil, Governor of Tripura fixing Padama awards
Padamshree before his name is right or wrong, if wrong then what action would you like to
take?
The required fee postal order worth rupees ten is attached here with.

Yours truly,




Naresh Kadyan,
Founder Secretary General,
National Khadi and Village Industries Board Employees Federation
(An apex body of the all State KVIB Employees Union’s),
C-38, Rose Apartment, Prashant Vihar, sector-14, Rohini,
DELHI - 110085

A copy is forwarded for information and necessary action to: Shri Anna Hazare Ji,
RALEGAN SIDDHI PARIWAR , At Post - Ralegan Siddhi, Tal -Parner, Dist.
Ahmednagar, Maharashtra with humble request that under signed has moved first RTI
application on October 19, 2005 and then filed a PIL for appointment of Lokayukta in
Haryana, same was appointed but I am sorry to say that ACTIVISM doesn’t mean to
defame any one, where as you and your associates moved a negative campaign against
Congress party in power, which seems to be a violation of the natural principles of the
activism, if they are opposing congress party with a political gain or hidden agenda then
these kinds of activities harm your reputation, here Hissar in Haryana these your
associates opposed congress party with out alternatives, which helps rest of two
candidates belongs to Late Shri Bhajan Lal along with Shri Om Parkash Chautala’s son.
In my opinion their action was not reflected a healthy activism because that was a vested
interest campaign and opposing congress party with out vision. Let voter have a
opportunity to decide them selves at their own freedom to vote.


Naresh Kadyan,
Founder Secretary General,
National Khadi and Village Industries Board Employees Federation
(An apex body of the all State KVIB Employees Union’s),
C-38, Rose Apartment, Prashant Vihar, sector-14, Rohini,
DELHI - 110085

				
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Description: There are set procedure for the proper use of the State Emblem of India but many major Constitutional bodies are ignored the concerned legislation's for Emblem and Flag Code of India but Naresh Kadyan moved RTI petition along with advice to Anna Hazare for their negative activism opposing ruling congress party with out vision and alternatives.