Rahul Mehta Gandhinagar LsCandidate
A summary of Two Child Law Draft .
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For full draft, pls see link in the first comment
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(5) The reduction in payments and subsidies, and fines and imprisonment are as given below. The clause-7 has a summary.
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(5.1) if a person has no child born 1 year after the law has passed, then none of the punishment or reductions in payments or subsidies will apply. But increase in payments may apply.
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(5.2) Following are extra payments, fines and imprisonment as may apply :
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note : In following clauses, D means one daughter only and S means one son only. DD will mean two daughters and DS will mean first child is daughter and second child is son. And DDS means first child is daughter, second child is daughter, third child is son. IOW, the above and all clauses mention the sequence, not just the total. So DSD means first child is daughter, second child is son and third child is daughter. And thus SDD, DSD, DDS are different cases.
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(5.2.1) no children --- if a person is between age of 18 years and 23 years, then the payment he or she will get for mineral royalties and land rent from Govt land will be 33% more. After 23 years of age, there will be no extra payments for zero child.
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(5.2.1.1) comment : Only in above clause, age applies. In all clauses given below, age will not apply.
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(5.2.2) S --- no punishment and no extra payments of royalties
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(5.2.3) D , DD , DDD --- no punishment and 33% extra payments of mineral royalties and land rent from Govt plots
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(5.2.4) DDDD --– no punishment and 66% extra payments of mineral royalties and land rent from Govt plots
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(5.2.5) SS , SD , DS , DDS , DDDS , DDDDS, DDDDD --- no punishment and no extra payments of royalties.
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(5.2.6) one child , son or daughter, after (5.2.5) – 33% reduction in mineral royalties for 10 years, no fine, no imprisonment ;
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(5.2.7) one child , son or daughter, after (5.2.6) --- 66% reduction in mineral royalty etc payments for 10 years, no fines, no imprisonment.
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(5.2.8) one child , son or daughter, after (5.2.7) --- punishments of (5.2.7) plus fine of 10% of income for 10 years (minimum Rs 1000 per month and maximum Rs 10000 per month), no imprisonment
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(5.2.9) one child, son or daughter, after (5.2.8) --- punishments of (5.2.8) plus imprisonment for upto 2 years
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(5.2.10) for every child after (5.2.9) --- punishments of (5.2.9) plus imprisonment for upto 2 more years for every child, and compulsory vasectomy or tubectomy
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(5.3) Five years after the law passes, the punishment for more child will be as follows -
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(5.3.1) For number of children as in cases of (5.2.1) to (5.2.5) --- no punishments
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(5.3.2) For number of children in (5.2.6), the punishment will be as in clause (5.2.7) . And for number of children in (5.2.7) , the punishment will be as in clause (5.2.8), and so on for all clauses. In other words, punishments for clauses after (5.2.5), will become “one level up”.
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(5.4) Rule in collecting fine – the fine will be Rs 1000 per month minimum on each parent and Rs 10000 per month maximum. But fine collected will not exceed 10% of monthly income. So if person’s income is below Rs 10000 then only 10% of his income will be taken, and balance amount recorded as “pending fine”. On pending fine, an interest equal to prime rate will apply. And in case of “pending fine”, the duration will extend beyond 10 years till all pending fine with interest is collected. The pending fine will collected in future when his income increases. The person may pay pending fine as early as possible. Also, the amounts Rs 1000 and Rs 10000 will be increased every year as per inflation.
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(5.5) Special favor for ST (Scheduled Tribe) individuals --– while applying ruled in (5.4), one son or one daughter, that reduces punishment by highest factor will not be counted, while calculating number of children. But ST who have taken reservation benefit in Govt job or private job or admission in Govt or private college will NOT get this privilege. And ST who have wealth above Rs 1 crore or annual income above Rs 5 lakh per year will also not get this benefit. These favors are ONLY for ST
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