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Report No. 60

13.12. Examples.-

A few hypothetical examples will illustrate what is stated above. One possible form for a severability clause could be as follows:-

Special form.-"The provisions of Chapter are severable, and if any of its provisions or their applications are held unconstitutional or invalid by a court of competent jurisdiction the decision of the court shall not affect or impair any of the remaining provisions or applications of the Article."

General form.-Another possible form is the following:-

"If any provision of this Act or the application thereof to any person at circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect to without the invalid provision or application and, to this end, the provisions of this Act are severable."

Special form.-Another form would be:

"If any part, section, sentence, or clause of this ordinance shall be adjudged void and of no effect, such decision shall sot affect the validity of the remaining portions of this ordinance. For the purposes of this section, sections are expressly considered to be separable."

General form.-There is yet another form suggested by a writer1:-

"If a part of this Act is invalid, all valid parts which are severable from the invalid part remain in effect. If a part of this Act is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications."

1. Dickerson Legislative Drafting, (1954), p. 110.

General Clauses Act, 1897 Back

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