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Draft   to   enact   procedure  
EAS.08   ---   Equal   Allowance   System   over   Mineral-ores





DRAFT-1 (citizens need to pass this draft in the Parliament)

Transfer    of    Mines    from    Union    to    the    States

  1. The Union Govt of India will declare all the minerals, except mineral used for nuclear fuel, in a State, as the property of the citizen-residents of the State, after the State Assembly passes a resolution requesting the transfer of these mineral ores. This will include all ores such as iron, aluminium, tin, gold, silver etc and will not include uranium, platinum etc.

  2. The resolution must be passed with DIRECT YESes from over 33% of voters of the State, not merely the YESes of MLAs.

  3. The State Govt may or may NOT purchase the mineral companies owned by the Union Govt working in the State's mines. Upon purchase, the State Govt need not retain ALL the employees serving in that company.

-------------------------------- End of DRAFT-1 --------------------------------

  DRAFT-2 (citizens need to pass this draft in the State Assembly)

Equal Allowace System over Mineral Ores Act

 
Equal Allowance System over Mineral Ores --- Section   1   :   Preamble
  Every citizen resident in the State has equal rights over royalty obtained by the mineral ores under the ground in that State's land, as ores are given by the God, and it is NOT created by labor of any humans in perticular. This Act is to create administrative procedures, using which, citizens can directly obtain royalty over ores.

Section   2   : Format of the act
2.1 Many of the clauses of this law are procedures or instructions, which may be an order or a request. The clause has list of persons for whom that procedure/instruction is meant for.

Section   3   : Appointing senior officers and plotting of mineral mines
3.1 [Person responsible for this procedure : Minister of Mines, State Govt] Within 15 days after passing of this law, the Minister will appoint 1 Registrar, 1 Mine Plotting Officer and 1 Mine Gaurd for entire State.

3.2 [Person responsible for this procedure : Mine Plotting Officer] Within 30 days after appointment, the Mine Plotting Officer will publish the plot boundaries for the mines in the District, and for each plot, he will decide the length of lease and the amount of mineral (in terms of kilogram metal) the mining company may dig every year from that plot.

3.3 [Person responsible for this procedure : Registrar] The companies interested in mining the mineral from the plots will register their bids PUBLICLY before the Registrar. The bid will be in terms of fraction of mineral mined that the companies would give to the citizens. The company which bids the highest fraction will get the lease of the mining plot.


Section   4   : Procedures to allocate mineral allowances
4.1 [Person responsible for this procedure/directive: Registrar;] The Registrar will issue a serial number to any person or company which wants to use the mineral from the mines.
4.2 [Person responsible for this procedure/directive: Registrar, Registrar’s Clerks ; Purpose: Allocation of citizen’s mineral allowance] (i) When the citizen gives his ID and mineral user's serial number, the clerk will allocate mineral Allowance of that citizen to that mineral user. (ii)The clerk will provide a receipt to the citizen which will have citizen’s ID card number, mineral user’s number, date and a serial number. (iii)The citizen can change the mineral user any day.
4.3 [Person responsible for this procedure/directive: Registrar, Clerks; Purpose: Funding of Allocation] The clerk can charge a fee of upto Rs 5 from the citizen per allocation
4.4 [Person responsible for this procedure/directive: Registrar] Every month the Registrar will issue the list of mineral users and list of citizens who have given allowances to them.

Section   5   : Procedures to allocate mineral
5.1 [Person responsible for this procedure/directive: Mine Gaurd ; Purpose : actual allocation of mineral] At mine, the Mine Gaurd will ensure that mining company divides the mineral that has been dug in appropriate number of heaps containing almost equal amount of mineral by weight.

5.2 [Person responsible for this procedure/directive: Mine Gaurd : Purpose : Actual allocation of mineral] The mineral user with highest number of Allowance will decide the heap to be auctioned. For that heap, the mineral users (or their agents) can bid for that heap. The bid will be in terms of Allowances that the mineral users have obtained from the citizens. The Mine Gaurd will let the mining companies take the last left heaps.

Example : Say the mining company is supposed to keep 20% of the mineral. Say in a week, 50 ton mineral has been been dug. The Mine Guard can ask the mining company to make 50 heaps of 1 ton each. Now say there are 5 mineral users named A, B, C D and E having say 10000, 15000, 16000, 17000, 18000 and 30000 Allowances. Now user with highest i.e. 30000 allowance will decide which heap should be auctioned. For that heap, each user will give his bid. Say E wins the bid with 2000 Allowances. Now at the end of this round, D has highest number of Allowances. So D will decide the next heap to be auctioned. And so forth. Like that, A, B, C, D and E will get 40 heaps, and the last 10 heaps left will go to the mining company.


Section   5A   : Procedures for providing pensions to Elders

Same as section 5A of EAS.01.
(please click here to see the entire section. )

Section   5B   : Procedures to reduce population growth

same as section 5B of EAS.01
(please click here to see the entire section. )

Section   5C   : Higher share for people residing in the District

5C.1 [Person responsible for this procedure : Registrar] The Registrar will give twice the allowances to the citizens resident in the District in which the mines are located. The aditional allowances can be used to obtain ores by ore-users ONLY in the mines located in that District.

Section   6   : Procedures to replace Mine Gaurd, Registrar, Plotting Officer and Mining Company
6.1 [Person responsible for this procedure : Registrar] Any citizen of India who wants citizens’ Approval for the position of Mine Guard in a zone can register himself with the Registrar of that zone. The Registrar will charge a registration fee of Rs 1000 and a monthly fee Rs 100 per month. There will be no fee after over 5% of ALL citizens have approved the candidate.
6.2 [Person responsible for this procedure : Registrar, Registrar’s clerks] A citizen residing in a zone can present his ID and specify the serial numbers of (at most 5) candidates he Approves for the position of Mine Gaurd. The clerk will enter the requests in the systems and give the receipt to the citizen. The citizen may change his choices any day any month.
6.3 [Person responsible for this procedure : Registrar] The clerk may charge a fee of upto Rs 5 from the citizen.
6.4 [Person responsible for this procedure : Registrar] The citizen can withdraw his Approvals any day. There will be no fee from withdrawing the Approvals.
6.5 [Person responsible for this procedure : Minister of Mines] If any candidate is approved by highest number of citizen-voters and over 25% of ALL citizen-voters in that zone, the Minister will appoint him as new Mine Guard within 2 days. If any candidate is approved by over 25% of ALL citizen-voters and his approval is 1% more than existing Mine Gaurd, the Minister will appoint him as Mine Gaurd within 2 days. The Minister cannot remove a Mine Gaurd, previously approved by citizens, unless Approval goes below 20% of ALL citizens.
6.6 [Person responsible for this procedure/directive: Registrar ; Purpose:] Word "citizen" in the context of Approval, means citizen above 18 and registered voter resident in the city
6.7 [Person responsible for this procedure/directive: Registrar, CM ; Purpose: Replacement of Mine Plotting Officer] The Registrar and CM will also use procedures listed in 6.1 - 6.5 to enable citizens to replace Mine Plotting Officer.
6.8 [Person responsible for this procedure/directive: Registrar, CM ; Purpose: Replacement of Mine Plotting Officer] The Registrar and CM will also use procedures listed in 6.1 - 6.5 to enable citizens to replace Registrar.
6.9 [Person responsible for this procedure/directive: Registrar, CM ; Purpose: Replacement of Mine Plotting Officer] The Registrar and CM will also use procedures listed in 6.1 - 6.5 to enable citizens to replace the mining company on any of the plots.

Section   7   : Other Details
7.1 The rupee amount used in this text uses July-2000 price levels. The officers in-charge can adjust the amounts every six months using RBI’s Inflation Index.
7.2 If the officer does not execute a procedure or ignores an instruction stated in this Resolution/Act, a citizen can file a complaint before the Grand Jurors of the Districts in which the zone falls. Under this law, a citizen cannot complaint before any Minister, officers or judges.
7.3 The Jurors will judge this Act, guidelines, intentions as well as the facts related to the case


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