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Draft   to   enact   procedure  
EAS.13   ---   Equal   Allowance   System   over   Fishing   in   Ocean Waters



 
Equal Allowance System over Fishing in Ocean --- Section   1   :   Preamble
  Every citizen of India has equal rights over royalty obtained by the fishing in the oceans owned by the Govts. This Act is to create administrative procedures, using which, citizens can directly obtain the royalty over fishs on the Govt-owned lands.

Section   2   : Scope and format of the act
2.1 The act imposes a limit on fishing on companies/individuals who are employing motorized boats which can carry over 2000kg of load. This act imposes NO restrictions of any kind on fishermen who are using non-motorized boats, or who are using boats whose pay load capacity is below 2000kg. These fishermen would NOT need to register themselves or obtain allowances to fish.

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

Section   3   : Appointing senior officers and makings zones in the oceans
3.1 [Person responsible for this procedure : Minister of Fishieries, Central Govt] Within 15 days after passing of this law, the Minister will appoint 1 Registrar, 1 Ocean Zoning Officer and 1 Fishing Guard.

3.2 [Person responsible for this procedure : Ocean Zoning Officer] Within 30 days after appointment, the Ocean Zoning Officer will publish the boundaries of the zones in oceans around India. And for each zone, he will decide amount fish that may be caught per month for next 1 year. He may also categorize the fish and specify a limit in each category.

3.3 [Person responsible for this procedure : Registrar] The companies interested in catching fish from the ocean will register themselves with the Registrar, and obtain a serial number.


Section   4   : Procedures to allocate ocean fish 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 obtain the fish.
4.2 [Person responsible for this procedure/directive: Registrar, Registrar’s Clerks ; Purpose: Allocation of citizen’s ocean fish allowance] (i) When the citizen gives his ID and serial number of a fishing company, the clerk will allocate Fish Allowance of that citizen to that company. (ii)The clerk will provide a receipt to the citizen which will have citizen’s ID card number, fishing company’s number, date and a serial number. (iii)The citizen can change the company/person 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 companies/persons who hold the fish allowances and list of citizens who have given allowances to them.

Section   5   : Procedures to allocate fishing rights to companies
5.1 [Person responsible for this procedure/directive: Registrar ; Purpose : actual allocation of fishing quantums] Each month, the Registrar will hold auctions for fishing rights for each category of fish for each zone.

5.2 [Person responsible for this procedure/directive: Fishing Guard : Purpose : Actual allocation of fish] The fishing company with highest number of allowances will decide the quantum to be auctioned. The bids will be interms of allowances.

Example : Say the Ocean Fishing Officer makes 10 categories of fish - F01, F02 . . . F10. Say in a perticular zone, he sets fishing limits as 1000 tons for catagories F01-F05 and 2000 tons for categories F06-F10. Now for each categories, the Registrar can create a lot of 50 tons each. So altogather, there 300 lots. He can hold auction for each lot, and the highest bidder will get rights to collect that much fish from that zone. So say a company wins auctions for 20 lots of 50 tons each in category F01 for zone-1. Then in that zone, the company can fish 1000 tons of fish of F01 category.

5.3 [Person responsible for this procedure/directive: Fishing Guard ; ] The Fishing Guard will ensure, by using checks on the ports, that fishing companies are NOT collecting more fish than the rights they have bought at auction.


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   : Procedure to give higher share to those living in costal areas

5C.1 [Person responsible for this procedure/directive: Registrar ; Purpose : allocation of fishing rights] The Registrar will allocate twice the fishing quota to the residents residing in a coastal district.


Section   6   : Procedures to replace Fishing Guard, Registrar and Ocean Plotting Officer
6.1 [Person responsible for this procedure : Registrar] Any citizen of India who wants citizens’ Approval for the position of Fishing Guard can register himself with the Registrar. The Registrar will charge a registration fee of Rs 10000 and a monthly fee Rs 1000 per month. There will be no fee after over 1% of ALL citizens have approved the candidate.
6.2 [Person responsible for this procedure : Registrar, Registrar’s clerks] A citizen can present his ID and specify the serial numbers of (at most 5) candidates he Approves for the position of Fishing Guard. 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 Oceans] If any candidate is approved by highest number of citizen-voters and over 25% of ALL citizen-voters in that district, the Minister will appoint him as new Fishing Guard within 2 days. If any candidate is approved by over 25% of ALL citizen-voters and his approval is 1% more than existing Fishing Guard, the Minister will appoint him as new Fishing Guard within 2 days. The Minister cannot remove a Fishing Guard, 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 Ocean Plotting Officer] The Registrar and CM will also use procedures listed in 6.1 - 6.5 to enable citizens to replace Ocean Plotting Officer.
6.8 [Person responsible for this procedure/directive: Registrar, CM ; Purpose: Replacement of Ocean 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 Ocean Plotting Officer] The Registrar and CM will also use procedures listed in 6.1 - 6.5 to enable citizens to replace the ocean cutting 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 district 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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