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The purpose of “definition” in any part of the law is to achieve clarity and
consistency and thereby to avoid unnecessary repetition of long phrases in the
law. Thus, in formulating “definition” for words or terms in the law, a drafter should
take care of the following important rules or points:-
a. It is recommended that a drafter introduces the definition section/part as
follows:-
“
The definitions in this section apply throughout this….unless the
context clearly requires otherwise.”
b. Once a term is defined in the definition part, then same definition should be
used for that term throughout the law.
c.
The “Definition” should not contain the word/the term to be defined.
d. A drafter will have the following different types of options to define
terms/words:-
Exhaustive Definition
defines words/terms by using the word “means”.
Inclusive Definition (or Partial Definition) defines words/terms by using the
word “includes”.
EXAMPLE: (From Commercial Registration & Business Licensing Proc. No.
67/1997, Art. 2(12))
“„Manufacturing activity‟ includes any formulation, alteration, assembling
and prefabrication activity carried on by an industry.”
Definition by Exclusion is used when the term/word to be defined is well
and wider, but when there is something to be excluded from its definition.
The word “excludes” is used in this type of definition.
In using these types of definitions, it is important to note the following
important points:-
i.
Use the word “means” instead of “shall mean”.
ii.
Use the word “means” even if the word/term to be defined is plural.
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