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Draft   for
Equal   Allowance   System   over   Waters   of   Narmada





 
Equal Allowance System over Narmada Waters --- Section   1   :   Preamble
  The Act is to create administrative procedures, using which, citizens can directly obtain control and royalty over waters of Narmada Dam.

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: CM, Purpose: Appointment of senior officers] Within 2 days after passing this law, the CM will one Registrar for whole state, one Water Guard over Narmada canals' network for whole state and 1 Jury Administrator per district.

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 state, which will have finger print, bar-code, magnetic strip etc.

Section   5   : Procedures to decide monthly water Allowance of water user
5.1 [Person responsible for this procedure/directive: Registrar, Registrarís Clerks ; ] Registrar will provide serial numbers to individuals/companies who are interested in obtaining waters from Narmada Dams and affiliated canals. The Registrar may charge a fee of Rs 100/- per year from them.
5.2 [Person responsible for this procedure/directive: Registrar, Registrarís Clerks ; Purpose: Allocation of citizenís monthly allowance of underground water] (i)When the citizen gives his ration card and water-user's number, the clerk will allocate Monthly Allowances of the citizenís family members to that water-user. (ii)The clerk will provide a receipt to the citizen which will have citizenís ration card number, water-user's number, date and a serial number. (iii)The citizen can change the water-user any day.
5.3 [Person responsible for this procedure/directive: Registrar, Clerks; Purpose: Funding of Allocation] The clerk can charge a fee of Rs. 3 from the citizen per allocation
5.4 [Person responsible for this procedure/directive: Registrar] Every week the Registrar will issue the list of water-users and number of Allowances citizens have given them.
5.5 [Person responsible for this procedure/directive: CM ; Purpose: To decide each citizenís monthly Allowance] Based on availability and requirement, the CM will decide the amount of Water a citizen can draw from Narmada's canals i.e. Citizenís Monthly Allowance of Narmada water. The CM will also decide the fine (per 1000 liters) for drawing more water than the Monthly Water Allowances a water-user has.
5.6 [Person responsible for this procedure/directive: CM; Purpose: Decide water-userís monthly allowance.] The liter-amount per Citizenís Monthly Allowance multiplied by number of Monthly Allowances that a water-user has obtained from citizens will determine that water-userís monthly allowance of Narmada water.

Section   5A   : Procedures for providing pensions to Elders

same as section 5A in EAS.01

Section   5B   : Procedures to reduce population growth

same as section 5A in EAS.01

Section   6   : Procedures to replace Water Guard
6.1 [Person responsible for this procedure/directive: Registrar, Registrarís clerks] A citizen residing in Gujarat 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: CM ; Purpose: Replacement of Water Guard] If any candidate is approved by highest number of citizen-voters and over 25% of ALL citizen-voters, the CM 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 CM will appoint him as new Water Guard within 2 days. The CM 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: CM ; Purpose: Replacement of Water Guard] If the Water Guard has approval of over 20% of the citizens, the CM shall not transfer him. If the Municipal Commissioner or CM or any senior officer or judge transfers/expels such a Water Guard, the CM shall resign in 2 days
6.6 [Person responsible for this procedure/directive: Registrar; Purpose: allowing a citizen to be candidate for Water Guard] Any citizen of India who wants citizensí 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.
6.7 [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 state

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 of the district 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 CM 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 CM will resign or expel that officer. If over 7 out 10 Jurors announce a fine, he must the fine or the CM will resign or expel him.
7.8 [Person responsible for this procedure/directive: CM] "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 CM will reappoint him at that position.
7.9 [Person responsible for this procedure/directive: CM ; Purpose: To review a judgeís 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 judgeís 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 judgeís order is against the Constitution of India c)the judgeís order grossly violates the National Interest --- and request the CM and officers to ignore the judgeís order, the CM and officers will resign or ignore the judgeís order.
7.10 [Person responsible for this procedure/directive: Registrar, Other officers; Purpose:] The Registrar/Guard can charge a monthly fee from every water-user and surcharge over amount of water drawn from the canal.

Section   8   : Procedures to punish a water user
8.1 [Person responsible for this procedure/directive: Water Guard, Registrar; Purpose: To limit the water-guard, to discipline the water-user] If Water Guard or Registrar decide that a water-user 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 water-user 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 water-user is not guilty, then the Water Guard will drop the case. If there is any fine, the water user must pay the fine in 15 days or Water Guard may block the water user the pump.
8.2 [Person responsible for this procedure/directive: All Officers; Purpose:] The Water Guard or any other officer CANNOT punish a water-user without Jurorsí Approval.

Section   9   : Other Details
9.1 The rupee amount used in this text uses July-2000 price levels. The standing committee can adjust the amounts every six months using RBIís Inflation Index.
9.2 The Jurors will judge this Act, guidelines, intentions as well as the facts related to the case


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