Friday, February 15, 2013

Legislature: Bills and Acts in News

Some Basic Concepts about law making in India

The Mines and Mineral (Development and Regulation) Bill, 2011

1. It seeks to consolidate and amend the law relating to the scientific and regulation of mines and minerals.
2. Gram shabhas, District Councils or District Panchayats must be consulted before the notification of an area for mineral concessions
3. State Government may give concessions in the ST or tribal areas
4. Mining companies will allot at least one non-transferable share to each person of family affected by mining related operations
5. The holder of a mining lease shall also be liable to provide employment in addition to other compensations payable to affected families or persons
6. State government may levy tax on major or minor minerals
7. The central government will establish a National Mineral Fund.
8. The central government shall establish a National Mining Regulatory Authority and National Mining Tribunal
9. On the similar lines the bill empowers the States to establish State Mining Regulatory Authorities and State Mining Tribunals.
10. The central government shall develop a National Sustainable Development Framework containing guidelines for the formulation of project-level practices for scientifically environmentally and socially sustainable mining.

The Prohibition of Manual Scavengers and their Rehabilitation Bill, 2012
1.       The Bill prohibits employing a person as a manual scavenger and provides for the rehabilitation of people currently in the profession
2.       A “manual scavenger” us defined as a person employed in cleaning human excreta from insanitary latrines or in an open drain or on a railway track
3.       The bill makes it mandatory for the municipalities, cantonment boards and railway authorities to construct adequate number of sanitary community latrines within three years of this Act coming to force
4.       The District Magistrate has to ensure that no person within his jurisdiction is engaged as a manual scavenger, construct as insanitary latrine, and manual scavengers are rehabilitated
5.       The State government shall constitute a Vigilance Commission for each district
6.       The National Commission for Safai Karamchari (a statutory body) shall monitor the implementation of the Act.
7.       Every authority or agency is prohibited from employing a person for hazardous cleaning (manual cleaning without protective gear and other safety precautions) of a sewer or a septic tank. This provision is applicable within a year of the Act coming into force. The penalty for violation in imprisonment for up to two years or fine up to Rs. 2 lakh or both.
8.       Any contract entered into before this act coming that engages persons fr manual scavenging shall be deemed to be void

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