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Draft   to   enact   procedure  
ELE.01   ---   Improving citizens' control over Electricity Regulator





DRAFT -I (to be passed in the Parliament)
 
Section   1   :   Preamble
  The Act is to create an administrative procedure, using which, citizens can improve control over electricity regulation.

Section   2   : Division of powers between Center and State
2.1 The Centeral Govt
  1. will transfer ALL legal powers necessary to distribute the electricity, and regulate distribution of electricity AND
  2. will transfer ALL legal powers necessary to transmit the electricity within a State, and regulate intra-state transmission of electrcity AND
  3. will also transfer ALL generation units owned by Central Govt in that State to the State Govt, and all legal powers necessary to generate and regulate generation of electricity.
2.2 The Center will confine to regulating transmission of electricity between states, and may also maintain the grid/equipment necessary transmit electricity amongst states. The Center shall NOT invest into or manage generation or distrubtion of electricity, or intra-state transmission.

Section   3   : Appointments of senior officers and their main powers
3.1 [Person responsible for this procedure : PM] Within 2 days after passing this law, the PM will appoint a National Electricity Regulator to regulate transmission of electricity between states. The PM will also appoint a Registrar per district, or he may ask an existing Registrar or officer such as Collector to take the responsibility of the Registrar under this Act. The National Electricity Regulator will make regulate inter-state electricity transmission, and will also make rules necessary to do so.

Section   4   : Procedures for citizens to replace National Electricity Regulator
4.1 [Person responsible for this procedure: Registrar] A citizen can present his ID and specify the serial numbers of (at most 5) candidates he approves for the position of National Electricity Regulator. 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. The clerk may charge a fee of Rs 2 to Rs 5 to the citizen. Further, the citizen can withdraw his approvals any day. There will be no fee from withdrawing the approvals.
4.2 [Person responsible for this procedure : CM] If any candidate is approved by highest number of citizen-voters and over 25% of ALL citizen-voters of India, and his approval is 1% more than existing National Electricity Regulator, then PM will appoint him as new National Electricity Regulator within 2 days. The PM can remove a National Electricity Regulator ONLY if his approval is below 20% of ALL citizens.
4.3 [Person responsible for this procedure : Registrar ; Purpose:] Word "citizen" in the context of Approval, means citizen above 18 and registered voter.

Section   5   : Review by Grand Jurors and Jurors on disputes related to transmission
5.1 [Person responsible for this procedure: National Electricity Regulator] If a person has complaint against a genetation or transmission company related with inter-state electricity transmission, or he has complaint against decision/rule made by of National Electrcity Regulator, he may submit to National Electricity Regulator.
5.2 The National Electricity Regulator will select 5 Districts of India at random and ask the Grand Jurors to of those districts to provide a hearing and verdict on the complaint, and decide the fine to be levied if any from the accused.
5.3 Upon recieving complaint from National Electricity Regulator, the Grand Jurors may dismiss the complaint, or ask Jurors to review the complaint. If 4 or more Jurors declare that complaint is void, the Jury Administrator will ask the National Electricity Regulator to dismiss the complaint, Or else, each Juror will declare a fine amount that the accused should pay. The Jury Administrator will ask National Electricity Regulator to levy the fine approved by over 8 out of 12 Jurors. The National Electricity Regulator will levy the fine as approved by 3 or more Districts.
5.4 In case of reviewing a decision/rule made by National Electricity Regulator, if over 15 out of 30 Grand Jurors declare that demand to cancel the law requires review by Jurors, the Jury Administrator will call 24 Jurors to hear the arguments/evidences of complainer. If over 18 Jurors declare that decision/rule is against the interest of citizens, the JA will ask National Electricity Regulator to the rule. If 3 or more Districts demand cancelling the law, the National Electricity Regulator will cancel the law.

Section   6   : Other Details
6.1 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.
6.2 The Jurors will judge this Act, guidelines, intentions as well as the facts related to the case


-----------------(end of the Draft-I) -----------------


DRAFT -II (to be passed in the Assembly)
 
Section   1   :   Preamble
  The Act is to create an administrative procedure, using which, citizens can improve control over electricity regulation within the state.

Section   2   : Division of powers between State and District
2.1 The State Govt will transfer ALL legal powers necessary to distribute the electricity, and regulate distribution of electricity to the District. The State Govt will NOT invest/manage or regulate distribution of electricity, only the District Govt shall do so.
2.2 Only the State Govt will regulate generation of electricity. The District Govt may create/own a company to generate electricity, but it will be regulated by the State Govt. The State Govt may invest/manage generation of electricity.
2.3 Only the State Govt will regulate trasmission of electricity within State. cinlduing within District. The District Govt may create/own a company to transmit electricity, but it will be regulated by the State Govt. The State Govt may invest/manage trasmission of electricity.

Section   3   : Appointments of senior officers
3.1 [Person responsible for this procedure : CM] Within 2 days after passing this law, the CM will appoint a State Electricity Regulator to regulate transmission/generation, but NOT distribution, of electricity within the State. The CM will also appoint a Registrar per district, or he may ask an existing Registrar or officer such as Collector to take the responsibility of the Registrar under this Act.

Section   4   : Procedures for citizens to replace State Electricity Regulator
4.1 [Person responsible for this procedure: Registrar] A citizen can present his ID and specify the serial numbers of (at most 5) candidates he approves for the position of State Electricity Regulator. 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. The clerk may charge a fee of Rs 2 to Rs 5 to the citizen. Further, the citizen can withdraw his approvals any day. There will be no fee from withdrawing the approvals.
4.2 [Person responsible for this procedure : CM] If any candidate is approved by highest number of citizen-voters and over 25% of ALL citizen-voters of India, and his approval is 1% more than existing State Electricity Regulator, then CM will appoint him as new State Electricity Regulator within 2 days. The CM can remove a State Electricity Regulator ONLY if his approval is below 20% of ALL citizens.
4.3 [Person responsible for this procedure : Registrar ; Purpose:] Word "citizen" in the context of Approval, means citizen above 18 and registered voter.

Section   5   : Review by Grand Jurors and Jurors on disputes related to transmission/generation
5.1 [Person responsible for this procedure: State Electricity Regulator] If a person has complaint against a genetation or transmission company related with inter-state electricity transmission, or he has complaint against decision/rule made by of State Electrcity Regulator, he may submit the complaint to the State Electricity Regulator.
5.2 The State Electricity Regulator will select 5 Districts of the State at random and ask the Grand Jurors of those districts to provide a hearing and verdict on the complaint, and decide the fine to be levied if any from the accused.
5.3 Upon recieving complaint from State Electricity Regulator, the Grand Jurors may dismiss the complaint, or ask Jurors to review the complaint. If 4 or more Jurors declare that complaint is void, the Jury Administrator will ask the State Electricity Regulator to dismiss the complaint, Or else, each Juror will declare a fine amount that the accused should pay. The Jury Administrator will ask State Electricity Regulator to levy the fine approved by over 8 out of 12 Jurors. The State Electricity Regulator will levy the fine as approved by 3 or more Districts.
5.4 In case of reviewing a decision/rule made by State Electricity Regulator, if over 15 out of 30 Grand Jurors declare that demand to cancel the law requires review by Jurors, the Jury Administrator will call 24 Jurors to hear the arguments/evidences of complainer. If over 18 Jurors declare that decision/rule is against the interest of citizens, the JA will ask State Electricity Regulator to cancel the decision/rule. If 3 or more Districts demand cancelling the decision/rule, the State Electricity Regulator will cancel the decision/rule.

Section   6   : Other Details
6.1 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.
6.2 The Jurors will judge this Act, guidelines, intentions as well as the facts related to the case


-----------------(end of the Draft-II) -----------------