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Draft   to   enact   procedure
ID.03   ---   Stopping   and   Expelling   Illegal   Immigrants





 
Section   1   :   Preamble
  This Act is to create a less nexusprone procedure to stop the flow of illegal immigrants and expel as many as possible of the illegal immigrants.

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 officers
3.1 The PM will appoint 1 Registrar and 1 NICO (National Immigration Control Officer) for imprisoning and/or expelling illegal immigrants after a Trial by Jurors. NICO will appoint 1 DICO (District Immigration Control Officer) in every district. The NICO/DICO will hire staff to trace the illegal immigrants.

Section   4   : Procedure for citizens to replace NICO
4.1 [Person responsible for this procedure/directive: Registrar; Purpose: allowing a citizen to be candidate for NICO] Any citizen of India who wants citizens’ Approval for the position of National ID Officer can register himself with the Registrar. The Registrar will charge a deposit of Rs 20000 and a monthly fee Rs 2000 per month. There will be no fee after over 1% of ALL citizens of India have approved the candidate.
4.2 [Person responsible for this procedure/directive: Registrar, Registrar’s clerks] A citizen residing in India can present his ID and specify the serial numbers of at most 5 candidates he Approves for the position of NICO.
4.3 [Person responsible for this procedure/directive: Registrar] The clerk may charge a fee of Rs 2 to Rs 5 to the citizen.
4.4 [Person responsible for this procedure/directive: Registrar] The citizen can withdraw his Approvals any day. There will be no fee from withdrawing the Approvals.
4.5 [Person responsible for this procedure/directive: PM ; Purpose: Replacement of NICO] If any candidate for the seat of NICO is approved by highest number of citizen-voters and over 25% of ALL citizen-voters of India, the PM will appoint him as new NICO Chairman within 2 days. If any candidate is approved by over 25% of ALL citizen-voters and his approval is 1% more than existing NICO Chairman, the PM will appoint him as new NICO within 2 days.
4.6 [Person responsible for this procedure/directive: Registrar ; ] Word "citizen" in the context of Approval, means citizen above 18 and registered voter resident in the city
4.7 [Person responsible for this procedure/directive: Registrar ; ] The Registrar will also setup a similar DISTRICT LEVEL procedure for citizens to replace DICO for ALL Districts except Districts specifically black listed by NICO, and each District in the list is approved by over 8 out of 12 Jurors in over 50% of all Districts of India.

Section   5   : Jury Trial against an employee of NICO

The citizens can expel any NICO's employee, including DICO, after a Jury Trial as described "Jury System over Central Govt Staff" Act (*)

Section   6   : Jury Trial against an Illegal Immigrant

6.1 If a DICO suspects that a person is an illegal immigrant, then DICO will take the necessary details of the accused (photograph, finger prints, blood profile, retina scan, DNA prints etc) and then present him before a Jury.
6.2 The DICO and accused can present evidences before a Jury of 24 randomly chosen citizens. If the district in which accused is arrested is black listed by NICO, the 24 citizens will be chosen from State otherwise they will be chosen from the District.
6.3 The Jurors will examine the evidences, witnesses and arguments for at least 2 days. The trial will end 1 day after over 12 out of 24 Jurors declare that they have heard sufficient arguments/evidences to decide the case.
6.4 After after examining the evidences, and deliberations, EACH Juror will give one of the three verdicts
  1. CITIZEN : The accused is a bonafide citizen of India, and should be horably acquitted
  2. UNDECIDABLE : It is not possible decide the citizenship of accused from the given facts
  3. ILLEGAL : The accused is an illegal immigrant, and should be imprisoned for X years, and then expelled from India. (The maximum imprisonment can be 3 years)
[SILENCE : If a Juror refuses to disclose the choice, it will be assumed as (2). ]
6.5 [Procedure for DICO] If over 16 out 24 Jurors decide that the person is citizen of India, the accused will be a free man. If over 16 out of 24 Jurors decide that he is illegal immigrant, the accused will be imprisoned from the months approved by over 16 Jurors, and then expelled out of India. In any other case, he can stay in India except in the districts black listed by NICO.

Section   7   : Jury Trial against employer who hires illegal immigrants

7.1 If an employer's turn-over is larger than certain amount, as decided by the NICO, and is hiring the person as employee or contractor, he will be required to inform the ID of the employee/contractor to DICO. In any case, DICO will investigate if the ID is fictitious or fake.
7.2 If an employer is hiring employees without reporting IDs to DICO, the DICO may present evidences before the Jury of 12 citizens (chosen for District if the District is NOT black listed or chosen from State if the District is black listed), and the Jurors may decide the fine based on number of illegal immigrants that Jurors think he had hired in past 1 year. The fine will be maximum of 75% of the net assets owned by the employer and and upto 3 years of imprisonment.

Section   8   : Other Details
8.1 [Procedure for NICO] The NICO after obtaining permission from the Parliament, using LM.03 or otherwise, can collect a property tax or income tax to run the National ID System.
8.2 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 PM to setup a Grand Jury. But under this law, a citizen cannot complaint before PM, Corporators, PM, MLAs, PM, or MPs.
8.3 The Jurors will judge this Act, guidelines, intentions as well as the facts related to the case


-----------------(end of the DRAFT-2) -----------------


(*) -- To see the text of proposed "Jury Trial over Central Govt Staff" Act, please click here.