Bootstrapping India
 Main Page       Feedback? MehtaRahulC@yahoo.com

Draft   to   enact   procedure  
RWE.01   ---   Jury   System   to   reduce   wasteful   expenses   in   Municipality



 
Jury System over expenses in Municipality --- Section   1   :   Preamble
  This Act is to create a less nexusprone procedure for citizens by which citizens can decide if an employee of municipality needs to be fined/expelled or not.

Section   2   : Format of the act

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 appoint 2 persons --- Registrar and JA (i.e. Jury Administrator)

Section   4   : Procedure for citizens to replace Jury Administrator [Please see section4 of "Jury System over Municipality Staff" act]

Section   5   : Formation of Grand Jury

[Please see section4 of "Jury System over Municipality Staff" act]

Section   6: Proceedings against an officer of Municipality

6.1 [Procedure for Citizens] If any citizen has evidences that a perticular expenses, such as purchase, salary, allowance, repair, cash/land grant given to an NGO or a trust or an educational institute, done/approved/continued by any officer of Municipality or listed in the annual budget, is against the interest of the citizens, he can send letters to all or some Grand Jurors. If over 15 Grand Jurors, in a meeting, issue an invitation, the citizen may appear. The Grand Jurors may or may not invite the officer.

6.2 [Procedure for JA] If over 15 Grand Jurors declare that there is some merit in the complaint, the JA will call a JURY consisting of 12 citizens from the city to examine the complaint. The JA will select more than 12 citizens randomly, and send them summons to them, and of those who arrive, the JA will select 12 at random.

6.3 [Procedure for JA] JA will appoint an assistant as a CC (Case Coordinator). The CC will be selected at random on every hearing of the case. Preferably, the CC should have LLB, but this will not be a must.

6.4 [Procedure for Case Coordinator] The trial will go from 11am to 4pm. The trial will start only after all 12 Jurors and the complainer have arrived. If any party has not arrived, the parties who have arrived must wait till 4pm and then only they can go home.

6.5 [Procedure for Case Coordinator] The CC will allow the complainer to speak for 1 hour, during which no can interrupt. Then CC will allow the employee, or any of his representative, to speak for 1 hour during which no one can interrupt. Like this, the CC will alternate case. The case will go on like this on every day.
6.6 [Procedure for Case Coordinator] The case will go for at least 2 days. On the 3rd or later, if over 7 Jurors declare that they have heard enough, the case will go on for 1 more day. If on the next day, over 7 out of 12 Jurors declare that they would like to hear more arguments, the case will go on till over 7 say that case should end.

6.7 [Procedure for Case Coordinator] On the last day, after both parties have presented the case for 1 hour each, the Jurors will deliberate for at least 2 hours. If after 2 hours, over 7 Jurors say that they need no more deliberation, the CC will ask each to declare his verdict.


Section 8 : Cancallation of expense

8.1 [Procedure for Mayor] If over 8 out of 12 Jurors declare that the expense done was indeed wasterful, the Mayor will cancel the expense, and JA will call another Jury of 12 citizens to decide if the employee should be fined/expelled or not.

8.2 The person who is denied payments cannot complain before any judge, officer or Minister or any regulator. He may complain before citizens, and ask them to cancel the Jurors' order using LM.01, or appeal before Grand Jurors of High Court.

Section 9 : Contract with a Vendor or anyone who is to obtain payment from Municipality

9.1 [Procedure for Mayor] The Mayor will resign or ensure that EVERY vendor and EVERY agency which intends to collect funds from Municipality signs the following contract

      The Contract with the Citizens

    1. I agree to serve the citizens and NOT the officers, Representatives, Ministers and judges.

    2. I believe that the citizens create the State and the Legitimacy of the State, not the Representatives, Ministers, officers or judges. Therefore, I believe that citizens own the State, not the Representatives, Ministers, officers or judges. And so, I truly believe that the law as interpreted by citizens comes above the law as interpreted by the Representatives, Ministers, officers or judges.

    3. In case of dispute, and cancelling my payments, I will accept Arbitration by Citizen-Jurors. I promise that if my payments are cancelled by Jurors, I will not complaint before a judge or Mayor or Minister or a regulator __________________________
      (sign)


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


-----------------(end of the draft) -----------------