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Draft   to   enact   procedure  
EAS.01   ---   Equal   Allowance   System   over   Underground   Water





 
Equal Allowance System over Underground Water --- Section   1   :   Preamble
  The Act is to create an administrative procedure, using which, citizens can directly obtain control and royalty over underground water, which is a state owned natural resource.

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   : Appointments of senior officers and their main powers
3.1 [Person responsible for this procedure/directive: Mayor, Purpose: Appointment of senior officers] Within 2 days after passing this law, the Mayor will 4 persons, seek approval of Standing Committee and appoint them as the Registrar, Water Guard, Accountant and Jury Administrator
3.2 [Person responsible for this procedure/directive: Corporators, Citizens, Purpose: Control over Mayor] If the Mayor does not, as per this law, he would have lost the moral right to continue.

Section   4   : IDs
4.1 [Person responsible for this procedure/directive: Registrar] The Registrar will use ration card as an ID in the beginning.
4.2 [Person responsible for this procedure/directive: Registrar, Purpose: Improve integrity of IDs] Later the Registrar may issue a Allowance Card to every citizen residing in the city, which will have finger print, bar-code, magnetic strip etc.

Section   5   : Procedures to decide monthly water Allowance of every bore-owner
5.1 [Person responsible for this procedure/directive: Registrar, Registrar’s Clerks ; Purpose: Allocation of citizen’s monthly allowance of underground water] (i) When the citizen gives his ration card and bore-owner’ number, the clerk will allocate Monthly Allowances of the citizen’s family members to that bore-owner. (ii)The clerk will provide a receipt to the citizen which will have citizen’s ration card number, bore-owner’s number, date and a serial number. (iii)The citizen can change the bore owner any day.
5.2 [Person responsible for this procedure/directive: Registrar, Clerks; Purpose: Funding of Allocation] The clerk can charge a fee of Rs 2 from the citizen and Rs. 5 per from the bore-owner per allocation
5.3 [Person responsible for this procedure/directive: Registrar] Every week the Registrar will issue the list of bore-owners and number of Allowances citizens have given them.
5.4 [Person responsible for this procedure/directive: Mayor, Corporators; Purpose: To decide each citizen’s monthly Allowance] Based on availability and requirement, the Mayor will decide the amount of Water a citizen can draw from the ground i.e. Citizen’s Monthly Allowance of underground water. The Mayor will also decide the fine (per 1000 liters) for drawing more water than the Monthly Water Allowances bore-owners have.
5.5 [Person responsible for this procedure/directive: Mayor; Purpose: Decide bore-owner’s monthly allowance.] The liter-amount per Citizen’s Monthly Allowance multiplied by number of Monthly Allowances that a bore-owner has obtained from citizens will determine that bore-owner’s monthly allowance of underground water.
5.6 [Person responsible for this procedure/directive: Registrar; Purpose: So that officers and citizens can identify a bore-owner] The Registrar will issue a serial number to any person or company or co-operative or association which wants to draw water from the ground using an electric motor. This law will not apply on hand-pumps.
5.7 [Person responsible for this procedure/directive: Registrar; Purpose: Cover millions of citizens] The Registrar recruits clerks using competitive exams

Section   5A   : Procedures for providing pensions to Elders
5A.1 [Person responsible for this procedure/directive: Registrar; Purpose: Pension system for old] Six months after passing this law, the Registrar will issue 3 Monthly Allowances to each citizen below 60 and 12 Monthly Allowances to citizens above 60

Section   5B   : Procedures to reduce population growth
5B.1 [Person responsible for this procedure/directive: Registrar; Purpose: Population control] Twelve months after passing this law, after re-approval of over 50% of the Corporators a)the Registrar will reduce 33% Allowances of men and women who have more than 2 children, the last children one must be born 2 years after this law is passed. b)the Registrar will reduce 66% Allowances of men and women who have more than 3 children, the last two children must be born 2 years after this law is passed
5B.2 [Person responsible for this procedure/directive: Registrar ; Purpose: Reducing female infanticide] The Registrar will count 2 or less female children will count as 1 child in case of the above clause
5B.3 [Person responsible for this procedure/directive: Registrar; Purpose: Reducing female feticide] Twelve months after passing this law, after re-approval of over 50% of the Corporators, the Registrar will give additional 33% Allowances to each parent with 1 or more female child and 66% additional Allowances to those with 2 or more female children.

Section   6   : Procedures to replace Water Guard and Registrar
6.1 [Person responsible for this procedure/directive: Registrar, Registrar’s clerks] A citizen residing in the city can present his ration card and specify the serial numbers of (at most 5) candidates he Approves for the position of Water Guard. The clerk will enter the requests in the systems and give the receipt to the citizen. The citizen to change his choices any day any month.
6.2 [Person responsible for this procedure/directive: Registrar] The clerk may charge a fee of Rs 2 to Rs 5 to the citizen.
6.3 [Person responsible for this procedure/directive: Registrar] The citizen can withdraw his Approvals any day. There will be no fee from withdrawing the Approvals.
6.4 [Person responsible for this procedure/directive: Mayor ; Purpose: Replacement of Water Guard] If any candidate is approved by highest number of citizen-voters and over 25% of ALL citizen-voters, the Mayor will resign or appoint him as new Water Guard within 2 days. If any candidate is approved by over 25% of ALL citizen-voters and his approval is 1% more than existing Water Guard, the Mayor will appoint him as new Water Guard within 2 days. The Mayor will not remove an a Water Guard, previously approved by citizens, unless Approval goes below 20% of ALL citizens.
6.5 [Person responsible for this procedure/directive: Mayor ; Purpose: Replacement of Water Guard] If the Water Guard has approval of over 20% of the citizens, the Mayor shall not transfer him. If the Municipal Commissioner or CM or any senior officer or judge transfers/expels such a Water Guard, the Mayor shall resign in 2 days
6.6 [Person responsible for this procedure/directive: Registrar ; Purpose: managing Approvals with limited resources] For first 6 months, the Registrar may allow only 1 Approval per ration card. In this case, any of the first two family members listed in the card can file Approval. And "25% of ALL citizens" phrase mentioned above would mean "25% of ALL issued ration-cards". In case a citizen disagrees, he may complain before Jurors and Registrar shall incorporate Jurors’ recommendations.
6.7 [Person responsible for this procedure/directive: Accountant] Suppose T is number of citizens in the city, and A have filed for the Approval, of which N have NOT approved existing Water Guard, then the Accountant will decrease the salary of Water Guard and his employees by (N/T*100)%.
6.8 [Person responsible for this procedure/directive: Registrar ; Purpose: Replacement of the Registrar] The Registrar will setup a Dynamic Approval process, as described above, for the position of Registrar as well.
6.9 [Person responsible for this procedure/directive: Registrar; Purpose: allowing a citizen to be candidate for Water Guard] Any citizen of India who wants citizens’ Approval for the position of Water Guard can register himself with the Registrar. The Registrar will charge a deposit of Rs 2000 and a monthly fee Rs 100 per month. There will be no fee after over 5% of ALL citizens have approved the candidate.
6.10 [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

Section   7   : Jury
7.1 [Person responsible for this procedure/directive: Jury Administrator; Purpose: To form Grand Jury] JA will randomly select and summon 30 citizens out of voter-list between 35 and 65 to form Grand Jurors. Every 15 days, JA will retire 10 members and randomly select 10 citizens to replace them.
7.2 [Person responsible for this procedure/directive: Grand Jurors, Citizens ; Purpose:] If any citizen or officer has complaint against the Registrar, Water Guard or Accountant or his staff, he will send it to the Grand Jurors.
7.3 [Person responsible for this procedure/directive: JA] If over 15 Grand Jurors declare that the complaint has some truth, the JA will randomly choose 10 citizens between 25 and 65. If a summoned citizen does not appear, he may loose Allowances for 24 months or less as decided by Grand Jurors. The Act will refer these 10 citizens as Jurors.
7.4 [Person responsible for this procedure/directive: Registrar ; Purpose:] If a citizen does NOT appear after obtaining Jury summons, the Registrar shall void his Monthly Allowance for 6 months. In addition, the Grand Jurors may void his Allowance for additional 24 months.
7.5 [Person responsible for this procedure/directive: Conducting the trial ; Purpose:] Both, the defense and the complainer will present their case for at least 2 alternate days, 2 hours a day each day. When 6 out of 10 Jurors say that they have heard enough, the case will go on for exactly 2 more days. On the third day, if 6 out 10 Jurors request the case to continue, then only the case would continue, or else will terminate. The Jurors will discuss the case for 2 hours and then announce the verdict.
7.6 [Person responsible for this procedure/directive: JA, Jurors ; Purpose:] If over 7 out of 10 Jurors say that the officer is misfit to serve the citizens, the Mayor will resign or remove that officer from his position within 1 day. If over 7 of the 10 Jurors say that the officer has made a small mistake, then the officer will pay a fine of Rs 500 - Rs 5000 to the complainer or he may resign. The Jurors will decide the exact fine. If 3 or more Jurors declare that officer has done nothing wrong, he will continue as before.
7.7 [Person responsible for this procedure/directive: Jurors ; Purpose: To kill the "brotherhood" amongst officers] If over 7 out of 10 Jurors declare that the officer was deliberately taking harmful steps, and a particular colleague knew about his harmful activities and that colleague deliberately did not disclose the acts, and if over 7 out of 10 Jurors declare his colleague as misfit and ask for his expulsion, the Mayor will resign or expel that officer. If over 7 out 10 Jurors announce a fine, he must the fine or the Mayor will resign or expel him.
7.8 [Person responsible for this procedure/directive: Mayor] "Expulsion by Jurors" will hold for Water Guard and Registrar even if he has Approval of highest number of citizens and over 25% citizens. In such case, the Registrar will void all Approvals he has. But if the person again gets required number of Approvals, the Mayor will reappoint him at that position.
7.9 [Person responsible for this procedure/directive: Mayor ; Purpose: To review a judge’s order, citizens are above judges] As far as underground water is concerned, the Jury will be Supreme and Autonomous from all Ministers and judges. If Jury fired a staff member, and the staff member gets a judge’s order to void his expulsion, the JA will call for a second set of 10 Jurors to examine the case. If over 7 out of 10 Jurors declare that --- a)employee is misfit b)the judge’s order is against the Constitution of India c)the judge’s order grossly violates the National Interest --- and request the Mayor and officers to ignore the judge’s order, the Mayor and officers will resign or ignore the judge’s order.
7.10 [Person responsible for this procedure/directive: Registrar, Other officers; Purpose:] The Registrar/Guard can charge a monthly fee from every bore-owner and surcharge over amount of water drawn from the bore.

Section   8   : Procedures to punish a bore owner
8.1 [Person responsible for this procedure/directive: Water Guard, Registrar; Purpose: To limit the water-guard, to discipline the bore-owner] If Water Guard or Registrar decide that a bore owner has stolen water or broken any other law, he will issue a the fine after approval of the Jurors. If over 7 Jurors declare that the bore owner is guilty of theft or negligence, he will pay a fine less than Rs 2500 plus 10 times the market value of the water that over 7 Jurors conclude he had stolen. The Jurors will decide the exact fine. If three or more Jurors decide that the bore-owner is not guilty, then the Water Guard will drop the case. If there is any fine, the bore owner must pay the fine in 15 days or Water Guard may block the bore and seize the pump.
8.2 [Person responsible for this procedure/directive: All Officers; Purpose:] The Water Guard or any other officer CANNOT punish a bore-owner without Jurors’ Approval.

Section   9   : Procedures related to Payments
9.1 [Person responsible for this procedure/directive: Accountant, Other Officers ; Purpose: To ensure that no payments are issued till there are results] (i) The Accountant will NOT cut ANY checks or pay any party (except electricity bill, phone bill, emergency medical care bill and salary of Rs. 50 per day to employees who salaries are below Rs 6000 a month and Jurors) TILL over 75% citizens or ration card holders have allocated their Allowance. (ii) The vendors, such as suppliers of computers or other equipment or suppliers of stationary too will get payment ONLY after 75% citizens have allocated their Allowance. (iii) The pending payments will be paid after 75% citizens have allocated their Allowance.
9.2 [Person responsible for this procedure/directive: Accountant, Other Officers ; Purpose: no payments till results] When the Registrar claims that over 75% citizens have allocated their Allowances, the Accountant will summon a Jury of 10 citizens. The Accountant will accept the claim ONLY after over 7 Jurors approve the Registrar’s claim.
9.3 [Person responsible for this procedure/directive: Accountants, Other Officers; Purpose: To put a cut on expenses which citizens do not desire] All expenses except, salaries to employees (not exceeding Rs 100 per day of service), electricity bills and phone bills, the vendors will get paid six months after the delivery. During this time, if over 15 Grand Jurors call Jurors to review a specific expense and over 7 out of 10 Jurors declare that there was corruption or gross irregularities, the vendors may not receive any payment. Or they may receive only the payment that over 7 Jurors have approved. The officers must notify the vendors before the purchases that a the payments may get indefinitely postponed without interest or reduced or may get cancelled it over 7 out of 10 members of Jurors say so.

Section   10   : Other Details
10.1 The rupee amount used in this text uses July-2000 price levels. The standing committee can adjust the amounts every six months using RBI’s Inflation Index.
10.2 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. In case there are is no Grand Jury, the citizens can appeal to the Mayor to setup a Grand Jury. But under this law, a citizen cannot complaint before Mayor, Corporators, CM, MLAs, PM, or MPs.
10.3 The Jurors will judge this Act, guidelines, intentions as well as the facts related to the case


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