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Draft   to   enact   procedure  
RWE.02   ---   Jury   System   to   reduce   wasteful   expenses   in   State Govt





 
Jury System over expenses in State Govt --- Section   1   :   Preamble
  This Act is to create a less nexusprone procedure for citizens by which citizens can review expenses of State Govt.

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: CM ; Purpose: Appointment of senior officers] Within 2 days after passing this law, the CM will appoint 2 persons per District --- Registrar and JA (i.e. Jury Administrator), or he will ask existing Registrar and JA to assume the responsibility under this Act.

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 expense incurred by State Govt officer

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 State Govt or listed in the annual budget, is against the interest of the citizens, he can send letters to all or some Grand Jurors of his District. 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, then
  1. If the expense is below Rs 1cr, the JA will chose 1 district in the State at random, and forward the complain to JA of that District
  2. If the expense is above Rs 1cr, the JA will chose 3 districts in the State at random, and forward the complain to JAs of those District
The JAs of the districts which recieve the complain will call a JURY consisting of 12 citizens chosen at random from the district to examine the complaint.

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.


Section 8 : Cancallation of expense

8.1 [Procedure for CM] If the expense is below Rs 1 cr, and if over 8 out of 12 Jurors declare that the expense done was indeed wasterful, the CM will cancel the expense. If the expense is above Rs 1 cr, and if over 8 out of 12 Jurors in 2 out of 3 Districts declare that the expense done was indeed wasterful, the CM will cancel the expense. If the expense is cancelled by the Jurors, the CM will choose a District at random and ask the Grand Jurors to examine if the officers who has incurred the expense should fined/expelled.
8.2 The person who is denied payments cannot complain before any judge, officer or Minister or any regulator. He may complain before citizens of the State, and ask them to cancel the Jurors' order using LM.02, or appeal before Grand Jurors of Supreme Court.

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

9.1 [Procedure for CM] The CM will resign or ensure that EVERY vendor and EVERY agency which intends to collect funds from State Govt 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 CM 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 CM to setup a Grand Jury. But under this law, a citizen cannot complaint before CM, 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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