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Section 10: , ftepeal

Public Premises (Eviction.of Unauthorised Occupant) Rules,1971Central Rules · 1971

The Fublic Premises (Eviction of Unauthorised Occupants) Rules, \958, is hereby repealed. ' , .

IFOTTM A Fonn of notice under sub-seetion (1) and clause (b-) (ii) of sub-sectibn (2) of section 4 of the t3:*fff;jr,i#-ion of {rnauthorised To Shri/Smt./Km'...'...'.'.'....'.....;:.....

Whereas I, the undersignedT am of opiniory on the grounds sPecifiedlelow that you are in unauthorised occupa-tioh of the Public Piemises mentioned in the Schedule below and that you should be evicted.from the said premises:

Grounds Now, therefore, in pursuance of sub-section (1) qf section 4 of the Act, I hereby call upon you to show'.u.rr. on or before the*...'...".. """" why Such an'older of eviction should not be made.

And in pursuance of ciause (b) (ii) of sub-section (2) of section 4, I also call'upon you to appear before me in person or through I d_"ly authorised representative capable to ur6*i. ail material questions connected with the matter along the evidence which you intend to produce in^support of the cause Shown, on.-.......'....'....at'."""" " ""for personal hearing. ii "uru, you fail'to appear on the said date and time, the case will be decided ex parte.

Schedule Signature and seal of the Estate Officer]Date..................

For:rt *. This date should be a date later than 7 days from the date of issue of this notice.

2IFORM AA notice under sub-section (2) of secti$n, 5A of the Public Premises (Eviction of Unauthorised Occupants) Act, L971 To Shri/Smt. /Km.-'.........

Whereas I, the undersigned, am of the opinion on the grounds specified beiow, that the building/structure/fixtire erected, go_ods dis-played/spread cattle/anirnal brouglrt on the pubiic prerni,ses mentioned in th6 S"hudnte letow ii/are in conkavention of the provisions of sub-section (1) of section 5,A. and that the said building/structure/fixt'ure, !

eiected, goods orsplayedispread, cattle/animal brought on the said public premises should betreinoved from'the said premises' : ' Grounds Now, therefore, in pursuance-of sub-section (2) of section 5A of the Act, I hereby call upon you to remgve the said building/strucfure/fixture erecte4 go^o$s displayed spread, oitguf*i*al brought on the pubtJ prerriises menti.orred in the Schedule beloq on'9r before the................].....ot to show .uoi" why this should not be removed on 9r before the above mentioned date. In the event of your refusal or failure to comply with tlLis notice

1. Sub-s. by G.S.R. 41, dated 4th Juty, 1981 (w'e'f' &8-1981)'

2. Added by G.S.R. 41, dated ath July, 1981 (w'e'f' 8-8-1981)' of Form AAlll The Public Premises (Eviction af Unautltorised Occupants) Rules, 1971 within the period specified above, the said goods/animal, cattlefwork, etc., shall removed by the Estate Officer authorised by him and the cost of such removal shall recovered irom you as arrears of land revenue.

Schedule Date Signature and seal of the Estate Officer] *. This date.should be a date later than 7 days from the date of issue of this notice.

lIFORM AAI Order under sub-section (2) of section 5A of the said Act To shri /smt. /lf(m............

Whereas, I the undersigned, is of the opinion on the grounds specified below that you have erected/placed/raised the building/immovable structure/fixture on the public premigqs mentioned -in the Schedule below in conkavention of the provisions of-:subsection (i) of section 5A of the said Acf 2, And whereas, by a written notice dated ................... you were called upon to remove or' to show cause by ..,....,.... .why you should not rernove such building/immovable structure/fixture from the said public premises;

And whereas you have omitted/refused to show cause/remove such building/ immovable skucture/fixture from the said public premises; .

And whereas I have considered the causes shown by you for not removing the said building/immovabie structure/fixture from the said public premises.'

Grounds Now, therefore, in exercise of the powers conferred by sub-section (2) of section 5A of the said Act, I hereby order that the said building/imrnovable strucfure,/fixture be removed form the said public prernises. I also hereby order Shri/Srnt./ Km.....................,................. to pay a sum of Rs.............../- (Rupees..................................)

assessed by me as cost of removal of the said building/immovable structure/fixture from the said public prernises as an arrear of land rqvenue.

Schedule Date.................. Signature and seal of the Estate Officer] lIFORM AAII Order under sub-section (3) of section 5A of the said Act Shri/Smt./Km..

Whereaq I the undersigned on the grounds specified below is of the opinion that the movable structure/fixture erected/placed/raised, goods displayed/spread, cattle/ anirnal, brought/kept on the public premises mentioned in the Schedule below by Shri/ Smt./Km.....................is/are contrairention of the provisions'qf sub.section (1) of section 5A of the said Act and that the said movable skucture/fixture erectedlplacedlraised, goods displayed/spread, cattle/animal brought on the said public premisis be removed from the said premises;

25 be be To

1. Ins. by G.S.R. 11.4 F), dated 23rd September, 1986 (w.e.f. 29-9-1956).

26 The Public Premises (Eviction of unauthorised [Form AAll Occupants) Rules, .f g7l Grounds Now, therefore, in exercise of powers conferred by sub-section (3) of section 5A of the said.Act_ I hereby order that the iaid movable structure fixture, eiected/placed, iaised, goods displayed spread, cattle/animal brought kept on the said publil premises be removed from the said public premises. I also hereby ord.er shri/smt./Km. .........,.... to -..,pay a sum of Rs' ..1--.....'..-...".... (Rupees ...................) assessed by me as cost of removal of movable structure/fixtu19 ergc_ted placed/ruised, goods displayed/spread, cattle/animal brought/kept on the said public premises as an irruar of iand ,"u".,ru.

' Schedule Signature and seal of the Estate Officerl lIFORM AB :

Form of notice under proviso to sub-section (1) of section 58 of the Act To Shri/Smt./Km \Alhereas i, th9 undersigned is bf the opinion on the grounds specified below, that you have erected/completed/commenced lhe work ot", i\"- public'premises rp"qiiuJ below !n the Schedule in contravention of, or not authorised by the competent airthority and that the said work be demolished in the said premises.

Grounds Now, therefore, in pursuance of proviso to sub-section (i) of section 58 of the saicl Act, I-hereby call upon to show .ause on or before the*.......... why an order for demolition of such erection work may not be made. .::

5 chedule Date Signature and seal of the Estate Officer] This date should be a date after expiry ;;'; ;;;; il""-. in"'a;;; ; ilil;;r*"of the notice.

. zIFORM B Order under sub-section (1) of section 5 of the public premises (Eviction of Unauthorised Occup antsl Act, l97l l4lhereas'I, the rindersigned, am satisfied for the reasons recorded below Date.

Smt./I(m.

specified i" rh;;;#;i;

';Yare in unauthorised occupation of the public Reasons .Noy, therefore, in exercise of the powers conferred on me under sub-section (1) of section 5 of the Publi_c Premises (Eviction of UnauthorGed Occupants) Act, 1-971,Ihereby order the said Shri/Smt./Km. ............,.:r........ and all persons *ho *uy be in occupation of the said_Premises or any part thereof to vacate the iaid premises *ithlr, 15 d,ays'of the 91: "t p..ubiication of this order. In the event of refusal tr failure to comply *tth tf,i, order within the period specified above the said shri/smt./Km....;.........,._..,......and all other persons, con-cerned are li4ble to be evicted rro* irt" rJ;;*"rt;;;;;;d ;; ;;

the use of such force as may be necessary. .

Schedule that Shril premises Date

1. Added by G.S.R. 41, dared 4rh July,. 1993_.

2. Subs. by G.S.R. 41, dated rh July, 19g1.

Signature and seal of the Estate Officerl f---;l gi. :i f::; .:

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Form BBlll The Fublic Premises (Eviction of Unauthoriged Occupants) Rules, 1971 IFORM BB Notice/Order under sub-section (1) of section 58 of the said ,{ct To Shri / Smt. / Km,...........

Whereas, I the undersigned, is satisfied for the reasons recorded below that the work created/completed/commenced by Shri/Smt./Km. ...... on the public premises specified in the Scheduie is in conkavention of the provisions of the said Act, or not authorised by the competent authority;

'And whereas, by a written notice dated*.......

remove or to show cause by ............:.............;.... why you should not remove such building/irnmovable structure/fixture from the said public premises;

And whereas you have omitted/refused to show cause/rernove such building/ immovable structure /fixtwe from the said pub,lic premises. l And where.4s I have considered the cause shown by you for not removing the said building/immovable structure/fixture from the said public premises Reasons Now, therefore, in exercise of the powers conferred by sub-section (1) of s'ection 5B of the said Act, I hereby order Shri/Smt./Km. ......,.........,.......that the said work shall be demolished. In the event of your refusal or failure to comply with this order, the said work shall be demolished by the Estate Officer or the officer authorised.by him and the eXPenSeSofsuchdemo1itio;shal1berecovered.fromyou.

' S chedule Date Signature and seal of the Estate Officer] *. This date should be a date after expiry 7 days from the date of publication of the notice.

TFORM BBI Order under sub.section (2) of section 58 of the said Act To Slrri/Smt./Km............ .:.....r...

Whereas, I the qndersigned, is of the opinion that the woik erected/commenced by Shrl/Smt./Krn.......................on the public, premises specified in the Schedule is in contravention of the Act or not authorised by the competent authority.

Reasons Now, therefore, in exercise of the powers conferred by sub-section (2) of section 58 of the said Act, I hereby direct Sfui/Srnt./Km.....,...... to stop the erection or work until the expiry of the period within which an appeal against the order of demolition, if made may be preferred qnder section 9.

Schedule Date Sigirature and seal of the Estate Officer] FORM BBII Order under sub-section (5) of section 58 of the Act Whereas in pursuance of the order under sub-section (1) of section 58 of the Public Premises (Eviction of Unauthorised Occupants) Act, 7977, the work erected/completed/ colnnrenced by Shri/Smt./Km...............;-....on the public premises specified -ih the Schedule was demolished and the expenditure of such demolition are recoverable fronr the said Shri/Smt./Km..........................:. :

1. Ins. byG.S.R. 41, datedathJuty, 1981 ald subs. byG.S.R. 1L4 (E), dated 23rd Septemb9t 1986.

2. Ins. by G.S.R. 114 (E), dated 23rd Septembeg L985.

I .:,. ::,;..

;' 28 The Public Prenises (Eviction of lJnauthorised [Form BBll,: Occupants) Rules, lgTl '' Now, therefore in exercise of the powers conferred by sub-qection (5) of section 5Ba i, of the said 'Act, I hereby order shqi/smt.lKm......:............:.,.to pay a sum of:t. i T)^,r', i i1s"".::.'.:..:'.'..(Rypees .) as expenses of such demolition within........(Date to be'!

: specified in order No. ......................,...._.,of instalments.

Schedule . Signature and seal of the Estate Officer] lIFORM BC Order under sub-section (1) of section 5C of the Act l4lhereas, 'I eg^ ""4glsigned, is satisfied that: the work erected/completed/ commencedby Shri/Smt./Km...................on the public specified in the Schedule below isin contravention of the provisions of the said Act, or not authorised by the competent authority.

Now, therefore, in exercise of the powers conferred by sub-section (i) of section 5C of the said Act, I hereby order that the said work shall be sealed forthwith.

Schedule Date Signature and seal of the Estate.Officer] iIFORM BD Order under sub-section.(2) of section 5C of the Actwhereas, the work/erected/completed/commenced by sfui/smt./Km.,..,.;..." in contravention of the ptorririor,s of the said Act, or not authorised. by the- competent authority on the public piernises specified in the Schedule below was sealed on"...'....."'...in pursuance of ordei under su6-section (1) of section SC of the said Act.

And whereas it is necessa ry for such seal to be removed for the purpose ofdemolition of such work eiected/completed commenced by SntiZS*t.Zf*, ""..'.'..'...:.....in contravention of or not authorised by the competeni authority for the PurPose of demoiition of such work.erected/compleied/.o**".,""d by Shri/5mt./Km.

Date . , Now, therefore, in exercise of the powers conferred by sub-section (2) of section 5C ?f 4u sajd Act,I hereby order that the Jaid seal from the said public pru*ir", be removedforthwith for demolition of such work erected/completed/co*-ur,"ud on the r^ia p"tii.

Premises' schedute Date.................. Signature and seal of the Estate Officerl FORM C Fonn of notice under sub-section (1) of section 6 of the public premises , (Eviction of Unauthorised Occupants) Act, LSTL Shri / Smt. /Km.....,......

Whereas, on the........you were evicted from the public premises described in the Schedule below which was unauthorisedly occupied by you;

Now, therefore, in exercise of the powers con{eried on me by sub-section (1) of section 6 of the Act, I hereby give you noiice that after fourteen aays tf the service of this no{|e on y9u,-?ny property remaining on the said premises will be }iable to be removed or disposea of !I public auction, hr cise you,desiri to take possession'of your properry and to remove the same from the said premises you willbe pegmitted to'do so on written authority from the undersigned provided any u.."urc of ient/da*ug"7"orts due from you are paid within the said period of fourteln days.---------=---..-

1. Ins. by G.S.R. 114 (E), dated 23rd Septerrrber, 19g6.

Form El The Public Premises (Eviction of Unauthorised Occgpants) Rules, .!97f Schedule Date Signature and seal of the Estate Officerl Form of norice under ,-r-r::T,?fY;^tti- secrion o. o-r the said Acr To Shri/Smt./Kr.r.'..... ...1.*..i!.......

. Whereas in compliance of the order mad.e uhdqlsdb-section (2) of section 5A of the said Act, the Estate Officer has removed the goods a$crfuea ii the Schedule below from the Public Premises No....... ' :

Now, therefore, in exercise of the powers conferred on me by sub-section (1A) of section 6 of the said Act, I hereby give you notice, that after fourieen days of the service of the notice on you such goods aJdesiribed in the Schedule below shali be d.isposed of by public auction. In case you desire to take possession of your such goods; you will be permitted to do so on.lyritten authoritlr from the undersigned provided any arrears for rent/damages/cost due from you are paid within the said period of fourteen days.

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;-t ?i., ':,1 4 Date Schedule Signature and seal of the Estate Officer] 2IFORM D ., Fonn of notice under sub-section (3) of section Z of Fublic Fremises (Eviction of Unauihorised Occupantsl Act, 1971, To Sfui/Smt./Km..'...............'.....;......'.....,.'...'..'.

Whereas I, the r.rndersigned, am satisfied that you are/were in occupation of the public premises described in the Schedule below;

And whereas in exercise of the powers conferred on me by sub-section (1) of section Z of the Public Premises (Eviction of Unau.thorised Occupants) Act, 1971,I consider that a sum of Rs........,..-...(Rupeeb...............:........) being arrears of rent.from ihe ..........:......:.day of ......20....., upto the ...... day of .,....2A ,....ftoth days inclusive) in respect of the said premises is due and payable by you to the Government Statutory Authority;

And whereas in exercise of the powers conferred on me by sub-section (2A) of seetibn 7 of tine Public Premises (Eviction of Unauthorised Ociupants) Act, 1971,, I consider that ycu are also liable to'pay simple interest to the Goirernment/Statutory Authority'on the said arrears at the rate determined by the undersigned till its final paymenf' Now, therefore, in pursuance of sub-section (3) of section 7 of the Public Premises (Elziction of Unauthorised Occupants) Act, 197L,I hereby call upon you to show cause on olbefore the .............,.... why an. order requiring you to pay the said arrears of rent to$ether with simple interest phould not be made.

Schedule Signature and seal of the Estate Officerl 2IFORM E Forrn of Order'under sub-seetions (1) and (2A) of section 7 of the public Premises (Eviction of Unauthorised Occupants) Act, 7971 To Shri/Smt./Km I4lhereas you Schedule beiow.

are/were in occupation of the public prernises described in the

1. Ins. by G.S.R. 41', dated ath JuIy, 1981 and subs. by G.S.R. 114 (E), dated 23rd Septemb e41986.

2. Subs. by G.S.R. 41, dated 4th ]uly, 1981 (w.e.f. 8-8-1981).

Date 30 The Public Premises (Eviction of tJnautharised Occupants) Rules, tgTl lForm L.

And whereas, by a written notice dated......... ................you are/were calied upon toshow cause on/ot before..................-.......why an order requiring you to pay a sum ofRs"""""""""""'(RuPtes.-'...",....-. .....) being the rent-p ayable together with simple interestin respect of the said premises should n6t be madi;

J -o- And whereas I have considered you objections and/or the evidence produced byyou;

And whereas you have not made any objecfions or produced any evidence before thesaid date; r ----- Now, therefore, in exercise of the powers conferred by sub-section (1) of section 7 ofthe Public Premises (Eviction of Unautirorised O.",rpuntr)'Act, 1g7I,i;;;by require youto pay the sum of Rs.....,.

In exercise of the powers conferred by sub-section (2A) of section T of the said Act,I also hereby reqgile {9" lo simpre interest @ Rs. ... ... . ]:. ;";;;'on"rhe above sumw.e.f. ....j.......;.. till its final payment.

In case the said t"* 1t3,o!paid within the said period or in the said manner, it.wilibe recovered as'arrears of land revenue through thJ Coflector..- .

--- - Schedttle Date Signature and seai of the Estate Officerl 1IFORM F Fonn of notice under sub_section (3) of section 7 of the public premises (Eviction of Unauthorised Occupants) Act, 1.971 To Shri/Smt./Km.......

whereas I the .

r,ndersign;; ; ;^iirli"J n;; ;;"' ;;'e/twere in unauthorisedoccupation of the public premises me'tioned in the schedule I below:

-- And whereas, in.exeYt: ol the powers conferred on me bt;J-r";tion (2) of section7 of the Public Premises (Eviction oi unauthorised occupantsi.Act rgTl, rconsider thedamages, amounting to Rs.........................(R.rpu"r.........-...) a.e due for the period(s) andat the rate (s) solvn in S"hedule Ii below or, i."orrr,t of unauthorised use and occupation rof the said premises;

And, whereas, in exercise of the powers conferred on me subrsection (2A) of section7 of the Pub1ic Pre'rises (Eviction of.iiauthorisea occup^rrtrf e"t,-liii,lconsider thatyorr. are also liable to pal sirnple inlerest drh- 6";iiment/Statutor/ Authoriry on rhesaid-arrears- at the rate dqtermined by.the undersigned..till iis final p'ayilg"r..,,, , NQ*, therefore, undgr the provisions of sdb-iection (3) of ,u"iio.,..y, of thg Act, ihereby call upon you to show-cius" on o, before ...:....... *iry u^ ord.er requiring you topay the said damages together with interest shouid nqt be made. . - : ,;,., ,. .

:

, . Schedule l ,-:: ,, Schedule II Period Rate at wfuch assessed Amotint assessed Arnount Bdlance in arrearsid Sign4ture aSrd sqal of the Estate.Officerl :t!?. .:.;.

'.1 ! ' ...; ... ' i a '. ;.. r. ;... ,..

1. Subs. by G.S.R. 4L, dated ath Jr.rlp 1981 (w.e.f. 8_8_1981).

Form ll The Public Premises (Eviction of Unauihdrised Occupants) Rules, 1 971.

1[FORM G Form of Order under sub-sections (2) and (2A) of secticin '7 of the Public Premises (Eviction'bf Unauthorised. Occupants) Act, t971, :

To in unanihorised the evidence produced by you;

And whereas ybu have not any oliegtions or produced any evidence before the said date;

Now, therefore, in exercise of the ppwers conferred on metby sub-section (2) of section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, \971,Ihercby order you to pay the sum of Rs................. (Rupees ... . . ) assessed by me as damages on account of your unauthorised occupation- of the premises.

In exercise of the powers conferred by sub-section (2A) of section 7 of the sajd Act, I also hereby require you to pay simple interest at the rate of Rs; ....................per annum on the above sum w.e.f till its finai pa;rment.

In the event of your refusai or failure to pay the damages or any instalment thereof within the said period or in the manner aforesaid the amount will be recovered as an anear of land revenue.

Schedule Date Signature and seal of the Estate Officp"l .i_ FORM H Form of order under section !2 of the Public Premises (Eviction of Unauthorised Occup4nts) Act, 1971 To Sfut/Srnt./Km..''........'.,..:-...........t:

I4lhereas, there are reasons to believe that certain persons are in unauthorised occupation of the public premises described in the Schedule hereto annexed.

Now, therefore, in exercise of the powers conferred by section 72 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, read.with the notification'of the Estate Officer I hereby require you to furnish the information in the form specified in Schedule iI hereto annexed on or before .

,.

,Schedulel ;

. Schedule II ' l l.)ate Signature and Seal of the Estate Officer or' the Signatuie of the Officer authorised by the Estare Officer.

_ NtT:_ j^tltue to comply with this order is ur, oifur,." under the Indian Penal Cocle.

1 e,,L^ L-, a- C I) A1 )^t^) iL1- T.-1-- 1^or "r-.- , " o o a^o< \ -Tj:r .:.

32 fForrn I g The Public Fremises (Eviction of Unauthorised Oecupants) .Rules, 1971, 1IFORM I :l ;., Certificate under section 1.4 of the Public Premises t(Evicticn of Unauthorised i:: , Occupants) Act, L977, fuom the Estate Officer tq,the Collector ii,il'.t This is to certify that an amount of Rs. ... (Rupees .) is due toi :--: i:

;l:, I Ceniral Government/Statutory authority from Shri/Smt./Km...............,............in respect ,i,' of .........,....,.............for the peri.od from........... to........,....ofl account of rent/damages/ expenses /costs / interest.

In pursuance of section 74 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1"977, I, ..................

recover the same as arrears of land revenue.l FORM I , Notice under sub:section (2) of section 1..3 of the Public Premises (Eviction, of Unauthorised Occup ants) Act, 197I To ::

Shri/Srnt./Km............ ...............,... :

Whereas Shri/Smt./Km. ............;...........,.. (now deceased) was in occupation/ unauthorised occupation of the public prernises described in the Schedule below:

And whereas the 'amount of Rs. ......................being arrears of rentldamages from,......... .. duy of ......2A....., upto the .....,.,day of .....:20.,....., i; respect of the said premiles had becorne due and payable by the said Shri:.....to the Government:

And whereas you are the heir/iegal representative of the deceased, Shri.................;

Now; therefore, in pursuance of sub-section (2) of section 13 of the Act, { hereby,call uPon you to show cause on or before the" .....why an order requiring you to pay the sai!- arrears of rentldamages should not be made against you.

Schedule Signature and seal of the Estate Officer] *. This date should be a date later than 7 days from the date of issue of the notice.

2[FORM K Fonn of Order under section '3A' af the Public.Premises (Eviction of Unauthorised Occupants) Act, 1971 All persons concerned and in particular Shri/Srnt..

Suit /.FlaI No. ...........

Servant Qtr. No.

Motor Garrage No.

Whereas, I, the undersigned am satisfied for the reasons recorded below that Shri/ Smt. ............,............is in unauthorised occupafion of the public premises specified in the Schedule below.

'.:. I ,,i ';

i ir Date

1. Subs. by G.S.R. 41, dated

2. I*. by C.s.n. 3 (E) dared ath luly, 1981 (w.e.f. 8-8-1981).

19th December, 1997 (w.e.f. 2-7-7998).

Form KJ The Public Premises (Eviction nts) Hules, Reasons slffi/smt.--.,....,-....-.,..-.,-..-.-.-.:......;..............:...;........,......w,as a110w_ed terrporary gcc.qp4tion of Public Prenrises spi:cified in the Schedule below ior' ih" period from............. ;............to, Suit Flat No.

Sefvant Quarter/Gaffaget ,:':;

Signature and seal of the Estate Officed of Unauthayised 1971 33 HelShe has'been eontinuing tb occupy the same even aftei the expry of the said period of allotment without anf arrthority.

Now, therefore, in exercise of the powefs conferred on me undei section 34 of the P"b-{" Premises {Eviction of Unauthorised Occupants) Act, 1g7l,I hereby order that the said Shri/Smt.,.,...... .......and-all other p".to* who may be in oicupation of the said prernises or any part thereof to vacate the premises forthwith. h the ev6nt of refusal or failure to comply with this order, the said Shri/Snnt.. ........and all other concerned are liable to be evicted from the'said premises, if need be,by use of su.ch force as maY be necessar,r sch:eirure ooo tr .i

Where this provision sits

ActPublic Premises (Eviction.of Unauthorised Occupant) Rules,1971
Section10
Marginal note, ftepeal
JurisdictionCentral
StatusIn force as published by the source

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