The question (12 marks)
A State enactment for the protection of urban trees defines a heritage tree as one of fifty years of age or more, allows the Tree Officer sixty days to decide an application to fell, fixes a fine that has proved no deterrent, and contains a section requiring thirty days' notice before a citizen may complain. It is decided to reduce the heritage age to forty years, to shorten the period for decision to forty-five days, to require compensatory planting to be geo-tagged and monitored yearly, to raise the fine and to do away with the notice requirement. Draft the clauses of the amendment Bill that would achieve these changes, and explain the drafting formulae you have used. (12 marks)
MU Module IV, amendment Bills; pack ch. 04 section 4.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · Drafting Bills, Amendment Bills, Judgments and Orders of Drafting, Pleading and Conveyancing – III.
Authorities you will need
- Sections 6, 6A and 24, General Clauses Act 1897
- Enacting formula for a Central Act, by reference to the year of the Republic of India
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.