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#LM.07 : Recalling   City   Councilor

  1. By passing this draft in City Council, the citizens will be able to appoint and recall their Reprentatives in the City Council.

  2. This is a draft for City Corporations. For Panchayats, please change words like "Councilor" to with Panchayat Member, Mayor with Sarpanch of Panchayat etc, and the SAME draft would do.

DRAFT - I : (to enable partial recall, to be passed in the City Council)

Section   1   -  Preamble
"Recallable Assistant Councilor" Act is to enable a citizen to anyday appoint and recall his representative in the City Council.

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.
2.2 The officer in-charge may adjust the amounts specified in Act every 6 months using an inflation index issued by RBI.

Section   3   :   Administrative   Setup
3.1 [Procedure for Mayor] The Mayor would appoint an officer titled Registrar.
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.

Section   4   :   Selecting and Recalling   Assistant   Councilors
4.1 [Procedure for Registrar] Any citizen of India above 21 years can pay a fee of Rs 1000/- to the Registrar, and register himself as an Assistant Councilor to the City Council for atmost one Ward in that City. The Registrar will charge him a Rs 100/- per month fee as well. The fee will be waived if over 5% citizens appoint him as their representative.
4.2 [Procedure for Registrar/Clerks ; Purpose - Procedure for citizen to select an Assistant Councilor]
The Registrar's clerks will allow a citizen to select an Assistant Councilor. The clerk will take following things from the citizen : a)Rs 2 to Rs 5/- fee   b)citizen's ID   c)Assistant Councilor's serial number and name.   The clerk will then make the entries in the computer and will give a computer generated receipt to the citizen.
4.3 [Procedure for Registrar/Clerks ] A citizen can change his Assistant Councilor anyday, by using the procedure explained in Art 4-2.
4.4 [Procedure for Registrar/Clerks]
If there are 2 or 3 Councilors per Ward, the Registrar would allow citizen to specify 2 or 3 Assistant Councilors by using the procedure explained in Art 4-2. If there is reservation related restriction on a perticular slot, the same restriction will apply for the Assistant Councilors as well.

Section   5   :   Voting on Bill
5.1 [Instruction for Mayor] Any Assistant Councilor can submit a Bill to the Mayor after paying a fee of Rs 10000/-. The Mayor will issue a serial number for that Bill.
5.2 Within 60 days after the Bill is presented to the Mayor, the Primary Counclors (who were elected by the Elections) and Assistant Counclors may register their YES/NO on the Bill. An Assistant Councilor will have to pay a fee of Rs 100/- to register his YES/NO. There will be no such fee for the Primary Councilors.
5.3 [Procedure for Registrar] If an Assistant Councilor or a Councilor does NOT register his YES/NO, the Registrar will take it as a NO.
5.4 On any Bill submitted by an Assistant Councilor, an Assistant Councilor's YES/NO will count for those citizens who had selected him as an Assistant Councilor on the day the Bill was submitted. And the Primary Councilorís YES/NO will count only for those voters who had not selected any Assistant Councilor.

    1. suppose the population of Ward is say 100,000

    2. Supose there are 3 Assistant Councilor, A, B and C, each having approval of say 5000, 10000 and 20000 voters. And 100000 - 5000 - 10000 - 20000 = 65000 voters have NOT appointed any Assistant Councilor.

    3. Now say that Primary Councilor votes as YES, A votes YES, and B and C vote as NO. Then
      • YES-votes = Votes of Primary Councilor + Votes of A = 65000 + 5000 = 70000
      • NO-votes = Votes of B + Votes of C = 10000 + 20000 = 30000

    4. So
      YES-fraction = 70000/100000 = 0.70
      NO-fraction = 30000/100000 = 0.30
5.5 [Procedure for Registrar] On a Bill presented by an Assistant Councilor, on the 61st day after the Bill was presented, the Registrar will announce the YES-fraction and the NO-fraction of each of the Ward on that Bill.
5.6 [Procedure for Mayor] If the sum of YES-fractions exceeds the sum of NO-fractions, the Mayor will declare the Bill as passed, or else he will declare it as a failure.

Section   6   :   Salaries etc and Limitations of Secondary Councilors
6.1 [Procedure for Mayor] The Mayor will allocate the salaries and allowances the Assistant Councilors in the proportion of the citizens who have selected him. That amount given to Secondary Councilors will be deducted from the Councilor's salaries and allowances.
6.2 [Instruction for Registrar/Mayor] One person can become Assistant Councilor for at most one Ward. The Assistant Councilors will NOT get any Development Grant or any previlge that is enjoyed by the Councilors.

--------------[end of the Draft]--------------

DRAFT - II : (to enable explicit recall, to be passed in the City Council, AFTER assembly passes Draft-III)

  1. If the any Assistant Councilor's approval count exceeds 50% and the main Councilor's (residual) approval is below 45%, then the Mayor will appoint that Assistant Councilor as Councilor.

  2. The ex-councilor will become an assistant councilor with approval count equal to his residual approval count.

DRAFT - III : (to enable explicit recall, to be passed in the Assembly)

  1. If the Mayor has prositive proof to show that over 50% of the voters approve a person as Councilor, and less than 45% of the voters approve existing councilor as councilor, the Assembly hereby empowers the Mayor to appoint the more approved person as the Councilor, as per the law made by his City Council.
  2. The expelled Councilor may continue to represent the citizens who have not appointed any other representive as per the laws made the City Council.