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Section 6 of The Assam Municipal (Amendment) Act, 2004 — Amendment of section 28

Bare section text

Official Legislative Text

Amendment of section 28.- In the principal Act, in section 28, in sub-section (1), for the words "one-third", appearing therein, the words "one-half" shall be substituted.

Educational Study Layer

Summary

Under this rule, exactly half of the total count is insufficient to satisfy the statutory requirement.

Practical examples

1A Municipal Board consisting of 10 members meets to consider a motion governed by Section 28(2). Exactly 5 members vote in favor of the motion. The motion fails because 5 is exactly half, whereas Section 28(2) of this Act requires "more than half", meaning at least 6 votes are required.

2In a 14-member committee, 8 members sign a formal requisition under Section 28(2). Because 8 members represent more than half of 14, the Returning Officer confirms that the requisition meets the numerical threshold under Section 28(2) of this Act.

Practice Quiz

Q1.Under Section 28(2) as amended by this Act, what is the required threshold wording?

Q2.A Municipal Board has 16 members. Under Section 28(2) as amended by this Act, what is the minimum number of members required to meet the "more than half" rule?

Q3.Under Section 28(2) of this Act, how does the amended provision treat a situation where exactly half the members concur?

Q4.Which amendment Act in the sources enacted the "more than half" change in Section 28(2)?

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