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In view of the above discussed justifications for inclusion of recitals for individual
provisions, it can be noted that there is no special
reason justifying the
incorporation of individual recitals under 2
nd
and 3
rd
paragraphs. These recitals
could have been drafted in a very general way without
referring specifically to
these individual parts of the law.
3.1.4. Citation and Enacting Clause
3.1.4.1. Citation
a. Citations are references to the legal basis or legal provisions under which
the enacting institution is empowered to enact that law.
As to their place
and form, they normally appear with the name of the enacting institution
and the Enacting Clause, and they are alternatively expressed with phrases
like “ having regard to”, “in accordance with”, “pursuant to”, etc… followed
by the relevant legal provision.
b. If there is more than one legal basis to
be cited in the citation part, then
they should be made in their hierarchical and historical order.
c. However, in case of numerous legal basis to be cited, the drafter can use
either of the following methods to avoid citing an inordinate number of legal
basis:-
i.
Citation by Correspondence:-This method can be used in case of
horizontal laws laying down identical rules for a number of different
areas. In this method, only one provision
is to be cited with the
addition of a phrase “…and to the corresponding provisions of the
other Law on……..”
The use of this method should be restricted only to the following instances:-
The simplification must save the drafter
from citing significant
number of provisions;
Any one familiar with the field must be easily able to locate the
corresponding provisions
referred to; and
The laws referred to in the simplified citation must be easily
identifiable.
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