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State of Assam - Section

Section 8 in Assam Temperance Act, 1926

8. Manner of taking poll for adoption of any resolution.

(a)The question to be submitted to the electors at a poll shall be the adoption in and for such area of one or other of the following resolutions, according to the circumstances of the case :
(a)a no-licence resolution,
(b)a limiting resolution.
(c)a no-change resolution.
(b)The poll shall be taken in the manner prescribed in the rules under the Act.
(c)On a poll-
(i)if electors numbering not less than one-twelfth of the total population of the area, as ascertained at the last preceding census have recorded, their votes at the poll and if not less than fifty-five per cent of the votes recorded are in favour of a no-licence resolution, such resolution shall be deemed to have been carried;
(ii)if electors numbering not less than one-twelfth of the total population of the area, as ascertained at the last preceding census, have recorded their votes at the poll and if not less than fifty-five per cent of the votes recorded are in favour of a limiting resolution, such resolution shall be deemed to have been carried.
(d)If a no-licence resolution be not carried, the votes recorded in favour of such resolution shall be added to those recorded in favour of the limiting resolution, if any, and shall be deemed to have been recorded in favour thereof.
(e)Any one of the resolutions so carried shall remain in force until it is repealed or superseded or the poll is declared void as hereinafter provided.