Updated: Friday May 27, 2011/AlJumaa
Jamada El Thaniah 24, 1432/Sukravara
Jyaistha 06, 1933, at 04:50:32 PM
The
(Martial Law Administrator Zone
‘B’ Regulation No. 9 of 1959)
CONTENTS
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1. Schedule I to Zone ‘B’ Martial
Law Regulation No. 9
2. Schedule II to Zone ‘B’ Martial
Law Regulation No. 9
3. Schedule III to Zone ‘B’ Martial
Law Regulation No. 9
1The
(Martial Law Administrator Zone
‘B’ Regulation No. 9 of 1959)
[17th March 1959]
1. (a) This Regulation may be called the
West Pakistan Border Area Regulation, 1959.
(b) It shall come into force with immediate effect.
2. The provisions of this Regulation, or
any order made or direction issued there-under, shall have effect notwithstanding
anything to the contrary in any other law, or in any order or decree of court
or other authority, or in any rule of custom or usage or in any contract,
instrument, deed or other document.
3. In this Regulation, unless there is
anything repugnant in the subject or context:---
(a) “Border
Area” means any area in 2[the Province of the
4[(aa) “Board of Revenue” means the
Board of Revenue established under the Board of Revenue Act, 1957 (XI of
1957);]
(b) 5[“Border Scheme” means the scheme as was referred to in paragraph
55-A of West Pakistan Rehabilitation Settlement Scheme framed under the
Pakistan Rehabilitation Act, 1956 (XLII of 1956);]
(c) “committee” means a committee constituted under
paragraph 4;
(d) 6[“Evacuee property” means the property which was defined as
evacuee property in the Pakistan Rehabilitation Act, 1956 (XLII of 1956)];
7[(dd) “State land” means the State
land placed at the disposal of the Committee by the Board of Revenue;]
(e) 8[“West Pakistan Rehabilitation
Settlement Scheme” means the scheme as was prepared by the Rehabilitation
Commissioner, West Pakistan under section 6 of the Pakistan Rehabilitation Act,
1956 (XLII of 1956)]
4. (a) The Provincial Government, shall,
for the purposes of this Regulation, constitute a committee or such number of
committees as it considers necessary for the border area.
(b) A committee constituted under sub-paragraph (1) shall
consist of two members, one 9[to be
appointed by the Board of Revenue and the other a representative of the
Pakistan Army to be nominated by the General Headquarters.]
10[(c) The Member of the
Committee from the Pakistan Army shall be incharge of the office of the
Committee.
(d) Any one of the members of the Committee present at the
Headquarters may dispose of any routine matter relating to the functions of the
Committee other than the allotment or cancellation of land and hearing of
cases.]
5. (a) If a committee, after such
enquiry as it thinks fit and after giving the person affected an opportunity of
being heard, is of the opinion that any person residing, carrying on business
or other occupation, or having property, in a border area, is or has been
engaged in smuggling or in any other activity prejudicial to the economy or security
of Pakistan, it may, with the previous approval in writing of the Deputy
Commissioner of the district concerned, declare, by order in writing, such
person to be an undesirable person and direct him to submit, within such time
as may be specified in the order, a statement giving full particulars of all
immovable property within a border area of which he is the owner, or has, in
any other capacity, possession or control.
(b) If a person in respect of whom an order under
sub-paragraph (a) has been made has no immovable property within a border area,
he shall, within seven days of the receipt of the order, remove himself and
shall not enter into, or stay in, any border area without the permission in
writing of the Deputy Commissioner of the district concerned.
6. 11[(a) A
Committee may, by order in writing, direct an undesirable person to surrender
to the Deputy Commissioner of the District or an officer authorized by the
Committee, within such time as may be specified in the order, all immovable
property within a border area of which he is the owner, or has, in any other
capacity, the possession or control thereof:---
Provided that no such order shall be made in respect of
any owner or occupancy tenant of agricultural land, or any allotment of such
land under the West Pakistan Rehabilitation Settlement Scheme, other than the
Border Scheme, unless such compensation as is provided in sub-paragraph (b) of
paragraph 8 has been offered.]
(b) An undesirable person in respect of whom an order has
been made under subparagraph (a) shall, within thirty days after the expiry of
the period specified in the order, remove himself from the border area in which
he is found and shall not thereafter stay in or enter into, any border area
without the permission in writhing of the Deputy Commissioner of the district concerned.
7. If any property required to be
surrendered under paragraph 6 is not surrendered within the period specified in
the direction issued thereunder, the Deputy Commissioner or 12[any officer authorized by him, or the committee] or any
officer authorized by it, may take possession of the property by evicting any
person in possession thereof with such force as may be necessary for the
purpose.
8. (a) For the properties surrendered in
pursuance of an order under paragraph 6, the Provincial Government shall pay
such compensation as the committee may, subject to subparagraphs (b) and (c)
and taking into consideration the value of the buildings, houses, improvements
of land, standing crops and other factors, determine.
(b) In respect of agricultural land, every owner and every
occupancy tenant and every allottee under the West Pakistan Rehabilitation
Settlement Scheme other than the Border Scheme, shall be provided with such
land in any area outside a border area the aggregate productive capacity of
which is not, 13[as determined by the Deputy
Commissioner of the district] less than the aggregate productive capacity of
the lands surrendered.
14[(c) Any person aggrieved by
the decision of the committee regarding compensation may appeal, within thirty
days of the date on which the decision of the committee is communicated to him,
to the Divisional Commissioner concerned and the decision of the divisional
Commissioner shall be final.]
15[9.
A Committee may scrutinize any case of unauthorized occupation of
any State land or immovable evacuee property in any border area, and after
giving an opportunity of being heard to the person likely to be affected,
direct the person in unauthorized occupation of such property to surrender such
property to the Deputy Commissioner within whose jurisdiction such property is
situated failing which the Deputy Commissioner or the Committee may take
possession of the property by evicting the person in possession there from with
such force as may be necessary for the purpose.]
16[10.
(a) The Committee may scrutinize allotment of any state land or
immovable evacuee property within border area and may, on being satisfied that
any allotment was made to a person not eligible for allotment, cancel such
allotment and direct the allottee to surrender forthwith the property to the
Deputy Commissioner within whose jurisdiction the property is situated, failing
which the Deputy Commissioner or the Committee may take possession of the
property by evicting any person there from with such force as may be necessary
for the purpose:---
Provided that no such order shall be made unless the
person likely to be affected thereby is given an opportunity of being heard
before the order is passed.
(b) The decision of the Committee under sub-paragraph (a)
shall be final.]
11. No compensation shall be payable in
respect of any property which is surrendered in pursuance of paragraph 9 or
paragraph 10, or is taken possession of under paragraph 7, paragraph 9 or
paragraph 10.
12. All properties surrendered or taken
possession of under this Regulation shall vest in the Provincial Government
free from all encumbrances, 17[except
the evacuee property and its sale proceeds, if any which will from part of the
Compensation Pool constituted under section 5 of the Displaced Persons ( Land
Settlement) Act, 1958.]
13. 18[(a) The
property surrendered or taken possession of in pursuance of this Regulation shall
be allotted by the Committee in such manner and on such terms and conditions as
are prescribed in the Schedules annexed to this Regulation.]
(b) When any allotment has been made under sub-paragraph
(a), the Committee may take such steps as may be necessary to put the allottee
in physical possession of the property.
14. (a) For the purposes of holding any
enquiry or scrutinizing any allotment, a committee shall have the same powers
as a civil court trying a suit under the Code of Civil Procedure, 1908 (Act V
of 1908), in respect of:---
(i) summoning
and enforcing the attendance of any person and examining him on oath or
affirmation;
(ii) compelling the discovery and production of any
document ; and
(iii) requisitioning any public record from any office.
(b) No legal practitioner shall appear on behalf of any
person in any proceedings before the committee.
15. (a) No provision of this Regulation,
or order made or direction issued thereunder, shall be called in question in
any court, including the High Court and the Supreme Court, or before any
authority, except as provided in this Regulation, and no such court or
authority shall have jurisdiction in respect of any matter arising out of the
operation of this Regulation.
(b) No such court or authority shall be competent to grant
any injunction or other order in relation to any proceeding before a committee
or before any officer exercising any power or discharging any function under
this Regulation or under any order made or direction issued thereunder.
16. No suit or other legal proceeding
shall lie against Government or against any person in respect of anything which
is in good faith done or intended to be done under this Regulation.
17. Whoever fails to submit any statement
required under this Regulation or submits a statement which he knows to be
false or contravenes any provision of this Regulation or any order made or
direction issued thereunder shall be punished.
Maximum punishment seven years rigorous imprisonment.
19[18.
Other conditions for allotment, etc. are given in Schedules I to
III of this Regulation.]
20[18.
Notwithstanding any judgment, decree or order of any court an
order passed at any time before the commencement of this Ordinance, by the
committee or any of its members, in exercise of the authority conferred on the
committee or its members by the Regulation, shall not be invalid merely because
of any defect in the constitution of the committee or the incompetence of the
person making the order or the repeal of evacuee laws by the Evacuee Property
and Displaced Persons Law (Repeal) Act, 1975 (XIV of 1975), provided any such
order was passed with the approval of the General Headquarters and all such
orders shall be deemed to have been validly passed and shall have, and shall be
deemed always to have had, effect accordingly.]
SCHEDULE I TO ZONE
‘B’ MARTIAL LAW REGULATION NO 9.
The following categories of persons will be eligible for
allotment of land for the purpose of Regulation 9:---
(1) Claimants who had registered in or got their claim
forms transferred to any particular estate in the border belt before the 24th December 1952.
(2) Pre-Independence tenants of evacuee land who hold
temporary allotment under a valid permit issued by a proper Rehabilitation
Authority who cultivate land themselves and reside in the village.
(3) Refugees whose unit of allotment is less than 12˝
acres and who have already been allotted land under the border scheme may
continue to hold such allotments provided they fulfil all other conditions
applicable under the border scheme.
4) Service and ex-Servicemen recommended by General
Headquarters, 21[Naval Headquarters and Air
Headquarters.]
(5) Service and ex-Servicemen already resettled under the
scheme subject to the scrutiny of their bona fides.
22[(6) Commissioned officers of
the Armed Forces approved and recommended by General Headquarters, Naval
Headquarters and Air Headquarters for providing leadership.]
(7)
(8)
SCHEDULE II TO ZONE
‘B’ MARTIAL LAW REGULATION NO 9.
The unit of allotment under the scheme will be as
follows:---
(1) All persons allotted land prior to the publication of
these Regulations, under the Border Scheme, and found eligible on scrutiny will
be allotted land on the old scale and conditions i.e. 12/1/2 acres irrigated or 18 acres non irrigated land.
(2) The new cases will be allotted land on the revised increased
scale as follows:---
(a) Servicemen and ex-Servicemen upto 25 acres of land.
23[COMMISSIONED
OFFICERS OF THE ARMED FORCES]
24[Fifty
acres of land to an officer]
(3) Pre-Independence tenants of evacuee land and
SCHEDULE III TO
ZONE ‘B’ MARTIAL LAW REGULATION NO. 9
Conditions of Allotment of
Land/Property under the Border Scheme
1. Allottees must be able-bodied and between the age of 18
to 55 years.
2. An allottee must reside in the estate in which he holds
allotment except that,---
(a) where the allottee is a serving officer, his personal
residence in the estate may be dispensed with, during the period of his service
under Government provided at least one of his able bodied relatives or an
ex-service man of the prescribed age resides therein.
(b) where the
allottee is a service man other than an officer his personal residence in the
estate will be dispensed with if an able bodied representative of the
prescribed age resides therein.
3. Allottee or his representative must cultivate the land
himself.
4. (a) Allottee or his representative will readily
response to the call from appropriate Army or civil authorities in case of an
emergency.
(b) In the case of an alarm raised in the locality
indicated a raid or similar incident the allottee or his representative shall
be bound to render immediate help for the protection of the life and security
of the persons affected.
5. The allottee or his representative shall not
communicate with Non-Pakistani Nationals on any matter that may be prejudicial
to the interests of
6. The allottee shall not cross the border without proper
authority form the District Magistrate.
7. The allottee shall not allow the land allotted to him
to remain uncultivated for more than two successive harvests.
8. If the allottee fails to acquire a house in the village
abadi, he should build one within a year of the allotment of plot of land for
the purpose.
9. The allotment will be subject to payment of such price,
terms and conditions as may be determined by the Central Government in this
respect.
25[10. The allotment shall be
liable to be cancelled for breach of any of the conditions mentioned in this
Schedule provided the allottee is given an opportunity of being heard before the
allotment is cancelled.]
26[11. The allotment shall be
liable to be cancelled if the land is transferred by the allottee to any person
without the permission of the General Headquarters.]
____________________
1 This Regulation was promulgated by Martial Law Administrator Zone
B on 17th March 1959; published in the Gazette
of West Pakistan (Extraordinary) dated 20th March 1959; saved and given permanent effect by Article 225 of the
Constitution of the Islamic Republic of Pakistan (1962).
2 Substituted by the West Pakistan Border Area Regulation, 1959 (
3 Added by MLR No. 9-G 1962.
4 Added by the West Pakistan Border Area Regulation, 1959 (
5 Substituted by the West Pakistan Border Area Regulation, 1959 (
6 Substituted ibid.
7 Added by the West Pakistan Border Area Regulation, 1959 (
8 Substituted by the West Pakistan Border Area Regulation, 1959 (
9 Substituted ibid.
10 Added by the West Pakistan Border Area Regulation, 1959 (
11 Substituted by the West Pakistan Border Area Regulation, 1959 (
12 Substituted ibid.
13 Substituted ibid.
14 Substituted ibid.
15 Substituted ibid.
16 (i) Substituted by the West Pakistan Border Area Regulation, 1959
(
(ii) MLR No.9-C of 1960 provided as
under:-
The following categories of persons
will be considered eligible for allotment of evacuee property in the 5 miles
Indo-Pak Border Belt of Bahawalnagar district, for the purpose of Regulation
No. 9, Zone ‘B’:-
(a) Claimants who had
either registered in or got their claims transferred to any particular estate
lying in the border belt before 17th March 1959, provided they are temporary allottees of the landed
property actually held by them, in that particular estate before this date,
provided further that the limit of allotment to such claimants shall not exceed
their temporary allotments.
(b) Claimant service/ex-servicemen
who had either registered or transferred their claims to the border belt and were
in actual possession of land allotted to them against their claims before 17th March 1959, subject to the scrutiny
of their bona fides.
(c) Service/ex-servicemen recommended
by GHQ for settlement in the border belt under this Regulation.
(d) Officers
recommended by GHQ for providing leadership service and ex-servicemen settled
in the border belt under this Regulation and by the civil rehabilitation
authorities before 17th March 1959.
The scale of allotment for service
and ex-servicemen will be the same as prescribed for other parts of the
Indo-Pak Border covered by the Regulation.
This order will be deemed to have
come into force, with effect from 17th March 1959, the date on which Martial Law Administrator, Zone ‘B’,
Regulation No. 9, was promulgated.
(iii) By MLR No. 9-E of 1961
sub-paragraph (b) was substituted by the following and existing sub-paragraph
(b) was converted into sub-paragraph (c).
“10. (b) Notwithstanding anything
contained in this Regulation, the areas which may be included within border
belt as a result of the Indo-Pakistan Agreement regarding the border disputes
shall be governed by this Regulation with the exception that the allotments of
land already made at the time of issue of this amendment against verified
claims submitted after 24th December
1952 will not be disturbed. The allotments already made under the Border Scheme
or this Regulation in the areas which may be excluded from the border belt as a
result of Indo-Pakistan Agreement regarding border disputes shall continue to
be governed by the provisions of this Regulation.”
17 Added by the West Pakistan Border Area Regulation, 1959 (
18 Substituted by the West Pakistan Border Area Regulation, 1959 (
19 Added by the West Pakistan Border Area Regulation, 1959 (
20 Added ibid.
21 Added by MLR No.9-F of 1962.
22 Substituted by the West Pakistan Border Area Regulation, 1959 (
23 Substituted ibid.
24 Substituted by the West Pakistan Border Area Regulation, 1959 (
“50 acres of land to an Officer(one
Officer in each Patwar circle or more subject to availability of land)”.
25 Substituted by the West Pakistan Border Area Regulation, 1959 (
26 Added by the West Pakistan Border
Area Regulation, 1959 (
----------------------------------------------------------
The West
Pakistan Border Area Regulation, 1959 (
(Pb Ord. III of 1981)
C O N T E N T S
Sections
1. Short title, extent and commencement.
2. Amendment of paragraph 3 of MLR-9 of 1959.
3. Amendment of paragraph 4 of MLR-9 of 1959.
4. Amendment of paragraph 5 of MLR-9 of 1959.
5. Amendment of paragraph 7 of MLR-9 of 1959.
6. Amendment of paragraph 8 of MLR-9 of 1959.
7. Amendment of paragraph 9 of MLR-9 of 1959.
8. Amendment of paragraph 10 of MLR-9 of 1959.
9. Amendment of paragraph 13 of MLR-9 of 1959.
10. Addition of new paragraph 18 in MLR-9 of 1959.
11. Amendments of Schedule of MLR,9 of 1959.
[1][1]The West Pakistan Border Area Regulation, 1959 (
(Pb Ord. III of 1981)
[1
February 1981]
An Ordinance further to amend the West Pakistan Border Area Regulation 1959 (MLR-9 of 1959)
Preamble.— WHEREAS it is expedient further to amend the West
Pakistan Border Area Regulation 1959 (MLR-9 of 1959) in its application to the
Province of the
NOW, THEREFORE, in pursuance of the
Proclamation of the fifth day of July, 1977, read with the Laws (Continuance in
Force) Order 1977 (C.M.L.A. Order 1 of 1977), the Governor of the
1. Short title, extent and commencement.— (1) This Ordinance may be called the West Pakistan Border Area Regulation, 1959 (Punjab Amendment) Ordinance, 1981.
(2) It
shall extend to the whole of the Province of the
(3) It shall come into force at once.
2. Amendment of paragraph 3 of MLR-9 of 1959.— In the West Pakistan Border Area Regulation, 1959 (MLR-9 of 1959) (hereinafter referred to as the Regulation), in paragraph 3,—
(i) in
sub-paragraph (a), for the words “West Pakistan” the words “the Province of the
(ii) after sub-paragraph (a), the following new sub-paragraph shall be added:-
“(aa) “Board
of Revenue” means the Board of Revenue established under the Board of Revenue
Act, 1957 (XI of 1957).”
(iii) for sub-paragraph (b) the following shall be substituted:-
“‘Boarder Scheme’ means the scheme
as was referred to in paragraph 55-A of the West Pakistan Rehabilitation
Settlement Scheme framed under the Pakistan Rehabilitation Act, 1956 (XLII of
1956);”
(iv) sub-paragraph (d) shall be substituted by the following:-
“‘Evacuee property’ means the
property which was defined as evacuee property in the Pakistan Rehabilitation
Act, 1956 (XLII of 1956);”
(v) after sub-paragraph (d), the following new sub-paragraph shall be added:-
“(dd) “State land” means the State land placed at the disposal of the Committee by the Board of Revenue;” and
(vi) for sub-paragraph (e), the following shall be substituted:-
“(e) “West
Pakistan Rehabilitation Settlement Scheme” means the scheme as was prepared by
the Rehabilitation Commissioner, West Pakistan under section 6 of the Pakistan
Rehabilitation Act, 1956 (XLII of 1956).
3. Amendment of paragraph 4 of MLR-9 of 1959.— In the Regulation, in paragraph 4,—
(i) in sub-paragraph
(b), for the words “one being a representative of the Rehabilitation
Commissioner and the other a representative of the Pakistan Army”, the words
“one to be appointed by the Board of Revenue and the other a representative of
the Pakistan Army to be nominated by the General Headquarters” shall be
substituted;
(ii) after sub-paragraph (b) the following new sub-paragraphs shall be added:-
“(c) The member of the Committee from the Pakistan Army shall be incharge of the office of the Committee.
(d) Any one of the members of the Committee present at the headquarters may dispose of any routine matter relating to the functions of the Committee other than the allotment or cancellation of land and hearing of cases.
4. Amendment of paragraph 5 of MLR-9 of
1959.— In the Regulation, in paragraph
6, sub-para (a) shall be substituted by the following:-
“(a) A Committee may, by order in writing, direct an undesirable person to surrender to the Deputy Commissioner of the district or an officer authorized by the committee, within such time as may be specified in the order, all immovable property within a border area of which he is the owner, or has, in any other capacity the possession or control thereof:
Provided that no such order shall be made in respect of any owner or occupancy tenant of agricultural land, or any allotment of such land under the West Pakistan Rehabilitation Settlement Scheme, other than the Border Scheme, unless such compensation as is provided in sub-paragraph (b) of paragraph 8 has been offered.”
5. Amendment of paragraph 7 of MLR-9 of 1959.— In the Regulation, in paragraph 7, for the words “or the Deputy Rehabilitation Commissioner as the case may be”, shall be omitted.
6. Amendment of paragraph 8 of MLR-9 of 1959.— In the Regulation, in paragraph 8,—
(i) in sub-paragraph
(b), for the words “as determined in the case of property other than evacuee
property by the Deputy Commissioner, and in the case of evacuee property by the
Deputy Rehabilitation Commissioner”, the words “as determined by the Deputy
Commissioner of the district” shall be substituted;
(ii) for sub-paragraph (c) the following shall be substituted:-
“(c) Any
person aggrieved by the decision of the Committee regarding compensation may
appeal, within thirty days of the date on which the decision of the Committee
is communicated to him, to the Divisional Commissioner concerned and the
decision of the Divisional Commissioner shall be final.”
7. Amendment of paragraph 9 of MLR-9 of 1959.— In the Regulation, for paragraph 9, the following shall be substituted:-
“9. A Committee may scrutinize any case of
unauthorised occupation of any State land or immovable evacuee property in any
border area and after giving an opportunity of being heard to the person likely
to be affected, direct the person in unauthorized occupation of such property
to surrender such property to the Deputy Commissioner within whose jurisdiction
such property is situated failing which the Deputy Commissioner or the
Committee may take possession of the property by evicting the person in possession
therefrom with such force as may be necessary for the purpose.”
8. Amendment of paragraph 10 of MLR-9 of 1959.— In the Regulation, for paragraph 10, the following shall be substituted:-
“10. (a) A Committee may scrutinize allotment of any
State land or immovable evacuee property within any border area and may, on
being satisfied that any allotment was made to a person not eligible for
allotment, cancel such allotment and direct the allottee to surrender forthwith
the property to the Deputy Commissioner within whose jurisdiction the property
is situated, failing which the Deputy Commissioner or the Committee may take
possession of the property by evicting any person therefrom with such force as
may be necessary for the purpose:
Provided
that no such order shall be made unless the person likely to be affected
thereby is given an opportunity of being heard before the order is passed.
(b) The decision of the Committee under
sub-paragraph (a), shall be final.”
9. Amendment of paragraph 13 of MLR-9 of 1959.— In the Regulation, in paragraph 13 , for sub-paragraph (a), the following shall be substituted:-
“(a) The property surrendered or taken possession of in pursuance of this Regulation shall be allotted by the Committee in such manner and on such terms and conditions as are prescribed in the Schedules annexed to this Regulation.”
10. Addition of new paragraph 18 in MLR-9 of 1959.— In the Regulation, after paragraph 17, the following new paragraph shall be added:-
“18 Notwithstanding any judgment, decree or order of any court, an order passed at any time before the commencement of this Ordinance by the Committee or any of its members, in exercise of the authority conferred on the Committee or its members by the Regulation, shall not be invalid merely because of any defect in the constitution of the Committee or the incompetence of the person making the order or the repeal of evacuee laws by the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 (XIV of 1975), provided any such order was passed with the approval of the General Headquarters, and all such orders shall be deemed to have been validly passed and shall have, and shall be deemed always to have had, effect accordingly.”
11. Amendments of Schedule of MLR,9 of 1959.— In the Regulation,—
(a) (i) in
Schedule I, for the words “evacuee land/ property” the word “land” shall be
substituted;
(ii) In Schedule II, in sub-paragraph (2), in
clause (b), the brackets and words “(one officer in each Patwar circle)” shall
be omitted;
(iii) In Schedule III,---
(a) condition No. 10 shall be substituted by the following:---
“10. The allotment shall be liable to be cancelled for breach of any of the conditions mentioned in this Schedule provided the allottee is given an opportunity of being heard before the allotment is cancelled.”
(b) after condition No. 10, the following new condition shall be added:---
“11. The allotment shall be liable to be cancelled if the land is transferred by the allottee to any person without the permission of the General Headquarters.”
[1][1]This
Ordinance was promulgated by the Governor of the Punjab on 28th January, 1981;
and, published in the Punjab Gazette, (Extraordinary), dated 1st February,
1981; pages 71-A to 71-F.
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