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LM.08   :   Procdure   to   Recall   MLAs

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

Section   1   -  Preamble
Recallable Secondary MLA Act is to enable a citizen to anyday appoint and recall his representative in the State Assembly.

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 CM ; Purpose - Appointment of senior officer] The CM would assign the duties of the Registrar, as defined in this act to the District Collector.
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 State Government.

Section   4   :   Selecting and Recalling   Secondary   MLA
4.1 [Procedure for Registrar ; ] Any citizen of India above 25 years can pay a fee of Rs 500/- to the Registrar, and register himself as the Secondary MLA of an Assembly Constituency in that District. The Registrar will charge him a Rs 100/- per month fee as well.
4.2 [Procedure for Registrar/Clerks ; Purpose - Procedure for citizen to Recall his Primary MLA and select a Secondary MLA]
The Registrar's clerks will allow the citizens to select a Secondary MLA. The clerk will take following things from the citizen : a)Rs 2 to Rs 5/- fee   b)citizen's ID   c)MLA'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 ; Purpose - Procedure for citizen to Recall existing Secondary MLA and select another Secondary MLA]
The clerk will allow a citizen to register himself as unrepresented.
4.4 [Procedure for Registrar/Clerks ; Purpose - Procedure for citizen to Recall existing Secondary MLA and select another Secondary MLA]
A citizen can change his Secondary MLA anyday, by using the procedure explained in Art 4-2.

Section   5   :   Voting on Bill
5.1 [Instruction for Speaker] On any given Bill, the Primary MLA’s, who was elected in the General Election, vote on the floor will count only for those voters who have not registered their YES/NO on the bill, those who have NOT declared them as unrepresented, and those who have NOT appointed a Secondary MLA.
5.2 [Procedure for Speaker] A Secondary MLA's vote will count for those citizens who have selected him as a Secondary MLA and have NOT voted on a Bill.
5.3 [Procedure for Speaker] If a citizen has declared himself unrepresented, if he does NOT register his YES/NO, it will be counted as abstain.
5.4 [Procedure for Speaker] The Secondary MLA can register his YES/NO before Registrar or Speaker or their secretaries after paying a fee of Rs 100/- .
5.5 [Procedure for Registrar] On a Bill presented by the citizens, the Registrar will send Counts of citizens who have registered YES/NO, as well as effective weights of each of the Secondary MLAs with their respective YES/NO to the Speaker on the 61st day after the Bill was presented.

Section   6   :   Salaries etc and Limitations of Secondary MLAs
6.1 [Procedure for CM] The CM will allocate the salaries, perks and the Development Grant to the Secondary MLAs in the proportion of the citizens who have Approved them. One person may become Secondary MLA of any number of Assembly Constituencies. That amounst will be deducted frrom MLA's salaries, perks and Development Grants.
6.2 [Procedure for Registrar, Speaker] The Registrars and Speakers will allow Secondary MLAs to register YES/NO on any Bill introduced by the citizens using Direct Vote Act (LM.02) within 30 days after the Bill is introduced. Secondary MLAs can also register YES/NO on a Bill presented by an MLA in house, provide the Speaker has authorized Secondary MLAs to vote.
6.3 [Procedure for Speaker] The Speakers will NOT consider Secondary MLAs' votes on following three 3 bills   1)Annual Budget   2)Confidence Motion and   3)No Confidence Motion

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

DRAFT - II : (to enable explicit recall, to be passed in the Assembly, AFTER Parliament passes Draft-III)

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

  2. The expelled MLA will become the secondary MLA with approval count equal to his residual approval count.

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

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