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ii.
Citation by Reference:-This method of citation can be used in case
of amending a law where the law to
be amended contains a large
number of citations. In such case, rather than citing specifically all
provisions on which the
law to be amended was based, the drafter
can simply refer in
general terms to “the
provisions cited in the
citation to the law to be amended.
Again, in this method, its use should be restricted only to the following instances:-
The simplification must save the drafter from citing considerable number
of provisions; and
It should not be used in case of laws that are to be referred also in turn
refer to other laws.
d. When the law to be cited contains within one article a paragraph on the
purpose of future measures to be taken and another paragraph giving
power
to act a law, then it is the latter paragraph only that should be cited.
e. Some guidelines for Citation of Legal Basis for Amendment(s) of a Law:
i.
Normally, when the law is to be amended, then the same
empowering provision cited in the initial
law should be cited as a
basis for the amendment.
ii.
Under normal circumstances, the law that is to be amended will not
be the legal basis for its amendment and thus should not be cited in
the amending law.
iii.
However, exceptionally, some laws contain a provision empowering
the e
nacting institution to “revise‟, “amend”, or “adopt” certain rules,
amounts, lists, technical provisions, etc…so as to accommodate
some
objective changes in the legal, economic situation, or in
technical progress.
In such cases, the legal basis for the revision,
the amendment or for the adoption is the law to be revised itself and
thus same should be cited in the citation part.
iv.
When the law to be amended has more than one legal basis, then
only the one specific to the provisions
to be amended should be
cited if the previous citation can be individualized.
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