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Draft   to   enact   procedure  
LM.01   ---   Direct   Vote   in   City   Council





 
Direct   Vote   -   Section   1   :   Preamble
  The Act is to create an administrative procedure, using which, citizens can directly present a Bill and register his YES/NO on it in the Municipal Corporation.

Section   2   :   Format   of   the   act
2.1 Each clause of this law is a procedure or an instruction and has a list of persons for whom that procedure/instruction is meant for. The instructed person may depute a person to fulfil the task, but the first person shall be responsible for the deputed person.
2.2 The rupee amount in this text uses price level of the date on which this Resolution was passed. The officer in-charge may adjust the amount every 6 months using an inflation index issued by RBI.

Section   3   :   Administrative   Setup
3.1 [Procedure for Mayor ; Purpose - Appointment of senior officer]   Within 7 days after passing the Resolution, the Mayor would resign or appoint a Registrar, or assign the duties of the Registrar, as defined in this act, to an existing officer.
3.2 [Procedure for Registrar ; Purpose - to establish contacts with thousands of citizens] The Registrar may appoint the clerks on a temporary basis or may take existing clerks from Municipal staff.
3.3 [Procedure for Registrar ; Purpose - Identification of citizen] The Registrar may use ration card or the voter card issued by Election Commissioner as ID. The Registrar may issue new ID cards to an eligible voter in the city. The Registrar may or may not charge a fee to cover the cost of issuing this ID. The Registrar will decide the cost.

Section 4   :   Citizens   presenting   a   Bill   to   the   Mayor
4.1 The word "citizen" in the context of Direct Vote would mean an adult citizen who is a registered voter in the voter-list of the city.
4.2 [Procedure for Registrar ; Purpose - Procedure for citizen to present a Bill to Councilors] The Registrar will accept a Bill from any citizen for a fee and issue a serial number. The Registrar will charge a deposit of exactly Rs 10,000/-. The Registrar will refund the deposit if later the Bill passes.
4.3 [Procedure for Registrar/Clerks ; Purpose - Procedure for citizen to approve/disapprove a Bill] In next 60 days after a Bill is presented by the citizen, the Registrar and his clerks will allow the citizens to register their YES or NO on the Bill. The clerk will take following things from the citize : a)Rs 2 to Rs 5/- fee   b)citizen's ID   c)Billís serial number   d)his YES or NO preference. The clerk will then make the entries in the computer and will give a computer generated receipt to the citizen
4.4 [Instruction to the Registrar/Clerks] The clerk will allow the citizens to change his YES/NO opinion any day by re-visiting the Registrarís office after taking the fee.
4.5 [Instruction to the Registrar] For each Bill, the Registrar will issue a list, consisting of citizensí IDs, the receipt number, YES/NO preference, date etc and send the copy of the list to the Mayor every day and will also post the list on a web-site.
4.6 [Procedure for Mayor ; Purpose - Allowing the Corporators to register YES/NO on a Bill] For upto 30 days after the Bill is presented by the citizen, the Mayor will allow the Corporators to register their YES/NO preference on that Bill. A Corporator may change his preference within this time.
4.7 [Instruction to the Mayor ; Purpose - Avoiding unnecessary harassment which may be cause by spurious Bills] If a Councilor does NOT vote on a Bill, his vote on that Bill will be considered as NO.

Section   5   :   Passing   of   the   Bill
5.1 [Instruction for Mayor] The Councilorís vote will count only for those voters who have not voted on the Bill.
5.2 [Procedure for Mayor] The Mayor will use following formula to calculate the YES-fraction from a ward

       Y = Number of voters who registered YES
       N = Number of voters who registered  NO
       T = Total number of voters in that constituency.
       C = No. of voters who didn't register preference on that Bill 
         = T - Y - N  = share of the Councilor of that Ward

      if Councilor votes YES, YES-fraction of that ward = (Y + C)/T 
                                  NO-fraction = N/T 
      if Councilor votes NO , YES-fraction of that ward = Y/T
                                  NO-fraction = (N + C)/T  
      if Concilor abstains  , YES-fraction of that ward = Y/T and 
                                  NO-fraction = N/T  
      if Concilor does NOT vote, it will be taken a NO. 
5.3 [Procedure for Mayor] If a ward had more than 1 Councilors, the Mayor will use following formula

           Y = Number of voters who voted YES
           N = Number of voters who voted  NO
           T =  Total number of voters in that constituency
           C = Number of voters who did not vote on the Bill
             = T - Y - N
             = Share of the Councilors of that Ward)  

          CY = Councilors of that Ward who voted YES
          CN = Councilors of that Ward who voted NO
          CA = Councilors of that Ward who abstained
          CT = Total number of Councilors in Ward

    YES-fraction of that ward = (Y + C * CY/CT)/T  and     
    NO-fraction  of that ward = (N + C * CN/CT)/T
(The rounding will be done to two digits of decimal. The Mayorís decision on rounding will be final.)
5.4 [Procedure for Mayor] The Mayor will add YES-fractions and NO-fractions of all the Wards to obtain the total YES fraction of the City.
5.5 [Procedure for Mayor] The Mayor will declare the Bill as "passed" if YES-fraction is larger than NO-fraction.


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