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  "title": "NATURALIZATION ACT, 1926",
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  "text": "THE NATURALIZATION ACT, 1926 \r\n(VII of 1926) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Grant of certificate of naturalization \r\n4. Contents and form of application \r\n5. Grant of certificate \r\n6. Oath of allegiance \r\n7. Effect of grant of certificate and taking of oath \r\n8. Revocation of certificate \r\n9. Effect of revocation of certificate \r\n10. Declaration of alienage \r\n11. Inquiries \r\n12. Oaths and affidavits \r\n13. Power to make rules \r\n14. Limitation to the grant of naturalization under this Act \r\n14-A. Application to certificate granted before separation of Burma and Aden \r\n14-B. Application to certificates granted before partition  \r\n14-C. Validation of certain certificates \r\n15. Repeals \r\nTEXT \r\nTHE NATURALIZATION ACT, 1926 \r\n(VII of 1926) \r\n[26th February, 1926] \r\nAn \r\nAct \r\nto consolidate and amend the law relating to the naturaliz- ation in \r\n1\r\n[Pakistan] of \r\naliens resident therein \r\nWhereas it is expedient to consolidate and amend the law relating to the \r\nnaturalization in \r\n1\r\n[Pakistan] of aliens resident therein; \r\nIt is hereby enacted as follows.– \r\n1. Short title, extent and commencement.– (1) This Act may be called the \r\n2\r\nNaturalization Act, 1926. \r\n3\r\n[(2) It extends to the whole of Pakistan] \r\n(3) It shall come into force on such date\r\n4\r\n as the \r\n5\r\n[Central Government] \r\nmay, by notification in the \r\n6\r\n[official Gazette], appoint. \r\nAll Powers and functions of Central Government under sub-section (3) of \r\nsection 1, sub-section (5) of section 8 and section 12 of this Act shall be exercised \r\nand is charged by the Chief Commissioner of Baluchistan and the Chief \r\nCommissioner of Karachi within their respective jurisdiction, see Gaz. Of P., 195, Pt. \r\nI, P. t8. \r\n2. Definitions.– ln this Act, unless there is anything repugnant in the subject or \r\ncontext,– \r\n7\r\na[* * * * * * * * * * * *   ] \r\n(a) (Omitted by Naturalization (Amdt) Act, 1952 (61 of 1952), S.2. \r\n(b) 'certificate of naturalization' means a certificate of naturalization \r\ngranted under this Act; and \r\n8\r\n[(c) 'minor' means, notwithstanding anything in the Majority Act, 1875, any \r\nperson who has not completed his age of twenty-one years] \r\n                                                 \r\n1Subs. By the Naturalization (Amdt) Act, 1950(23 of 1951), S. 2, for “the Provinces and the Capital of the Federation” which has \r\nbeen subs. By A.O., 1949, for “British India” \r\n2The Word “Indian” omitted by A.O., 1949, \r\n3Subs. By Act 23 of 1951, S.3, for the original sub-section (2), as amended by A.O., 1949. \r\n4The 1st July, 1926; see Gazette of India, 1926, Pt. I, p. 577. \r\n5Subs by A.O., 1937, for “G.G. in C.” \r\n6Subs. Ibid., for “Gazette of India”. \r\n7Cl. (a) omitted by the Naturalization (Amdt.) Act, 1952 (61 of 1952), section 2. \r\n8Subs. By the Naturalization (Amdt.) Act, 1950 (23 of 1951), S.4, for the original Cl. (c). \r\n3. Grant of certificate of naturalization.– (1)\r\n9\r\n[The Federal Government may \r\ngrant a certificate of naturalization to any person who makes an application in this \r\nbehalf and satisfied \r\n9\r\n[the Federal Government]– \r\n(a) that he is not a minor; \r\n10\r\n(b) that he is neither a citizen of Pakistan nor a subject of any state of \r\nwhich a citizen of Pakistan is prevented by or under any law from \r\nbecoming a subject by naturalization ;] \r\n11\r\n[(c) that he has resided in Pakistan throughout the period of twelve months \r\nimmediately preceding the date of the application, and has, during the \r\nseven years immediately preceding the said period of twelve months, \r\nresided in Pakistan for a period amounting in the aggregate to Act less \r\nthan four years ;] \r\n(d) that he is of good character; \r\n(e) that he had an adequate knowledge of a language which has been \r\ndeclared by the  \r\nFederal Government, by notification in the official Gazette, to be one of the \r\nprincipal vernaculars of Pakistan; and (f) that he intends, if the application is granted, \r\nto reside in Pakistan or to enter or continue in the service of the State in Pakistan: \r\nProvided that nothing in clause (c) or clause (f) shall apply in the case of \r\nwoman who was a \r\n12\r\n[citizen of Pakistan] previously to her marriage to a person not a \r\n12\r\n[citizen of Pakistan] and whose husband has died or whose marriage has been \r\ndissolved. \r\n(2) Nothing in this section shall be deemed to prevent the grant of a \r\ncertificate of naturalization to any person to whom a certificate of naturalization has \r\nbeen issued under the Indian Naturalization Act, 1852.\r\n13\r\n  \r\n4. Contents and form of application.– (1) Every application for a certificate of \r\nnaturalization shall be in writing and shall state, to the best of the knowledge and \r\nbelief of the applicant,– \r\n(a) his age; \r\n(b) his place of birth; \r\n(c) his place of residence; \r\n(d) his profession, trade, or occupation; \r\n(e) full particulars regarding his qualifications in respect of the matter \r\nreferred to in clauses (a) to (f) of subsection (1) of section 3; \r\n(f) whether he has at any time previously applied for the grant of a \r\ncertificate of naturalization under the British Nationality and Status of \r\n                                                 \r\n9Subs. By A.O, 1937, for “the Local Government” \r\n10Subs. By the Naturalization (Amdt.) Act. 1952 (61 of 1952), S. 3, for the existing Cl. (b). \r\n11The original Cl (e). as amended by A.O, 1937 and A.O., 1949, has successively been subs. By Act 23 of 1951, S. 5 and the \r\nnaturalization (Amdt.) Act. 1957 (44 of 1957). S. 2. to read as above. \r\n12Subs. By the Naturalization (Amdt.) Act, 1952 (61 of 1952), S. 3, for “British subject”. \r\n13Rep. by this Act. \r\nAliens Act, 1914, or the Indian Naturalization Act, 185213, or this Act;\r\n14\r\n[* \r\n**] \r\n(g) whether any such application has been rejected ; \r\n(h) whether any such certificate has been granted to him ; and \r\n(i) whether any such certificate granted to him has been revoked\r\n15\r\n[or \r\nwhether has been deprived of his citizenship under the Pakistan \r\nCitizenship Act, 1951. 14[x xx] \r\n(2) Every such application shall be singed by the applicant and shall be \r\naccompanied by an affidavit sworn him verifying that the statements contained \r\ntherein are true to the best of his knowledge and belief. \r\n(3) \r\n16\r\n[The Central Government] shall satisfy itself as to the truth of the \r\nstatements contained in the application, and for this purpose may cause to be made \r\nsuch further inquiry, if any and may require such further residence, if any, either by \r\naffidavit or otherwise as it thinks necessary. \r\n5. Grant of certificate.– (1) If \r\n17\r\n[the Federal Government is satisfied that the \r\napplicant is qualified under section 3 for the grant of a certificate or naturalization \r\nand is otherwise a fit person for the grant of such certificate, it may grant a certificate \r\nreciting the qualifications of the applicant for such grant and conferring upon him all \r\nthe rights, privileges and capacities of naturalization under this Act, except such \r\nrights, privileges or capacities, if any, as may specifically be withheld by the \r\ncertificate. \r\n(2) Any such certificate may, if the applicant so requests, include the name \r\nof any minor child of the applicant, not being by birth\r\n18\r\n[a citizen of Pakistan] who was \r\nborn before the date of the certificate and is for the time being resident in \r\n19\r\n[Pakistan] \r\nand under the control of the applicant; and shall grant to any child so included all the \r\nrights, privileges and capacities of naturalization under this Act except such rights, \r\nprivileges or capacities, if any, as may specifically be withheld by the certificate. \r\n(3) The grant of a certificate of naturalization shall be in the absolute \r\ndiscretion of [the Federal Government], and no appeal shall lie from any refusal to \r\ngrant any such certificate or to in any such grant any particular right, privilege or \r\ncapacity. \r\n6. Oath of allegiance.– Every person to whom a certificate of naturalization has \r\nbeen granted shall, within thirty days from the date of the grant thereof take and \r\nsubscribe the following oath, namely:– \r\n                                                 \r\n14The words and figures “or the British nationality Act, 1948” which were added by the Naturalization (Amdt.) Act. 1948” which \r\nwere added by the Naturalization (Amdt.) Act, 1950 (23 of 1951), S 6, have been omitted by Act 61 of 1952, S. 4. \r\n15Added by Act 23 of 1951, S. 6. \r\n16Subs. By A.O., 1937, for “Local Government” \r\n17Subs. By A.O., 1937 for “Local Government” \r\n18Subs. By the Naturalization (Amdt.) Act, 1952 (61 of 1952), S. 5, for “a British Subject”. \r\n19Subs. By the Naturalization (Amdt.) Act, 1950 (23 of 1951), S.7, for “the Provinces and the Capital of the Federation” which \r\nhad been subs. By A.O., 1949, for “British India” \r\n“I, A. B., of do hereby swear (or affirm) that I will be faithful and bear true \r\nallegiance to \r\n20\r\n[the Constitution of Pakistan] \r\nProvided that the Federal Government may extend the time allowed under \r\nthis section in any case in which it is satisfied that failure to take and subscribe the \r\noath within that time was due to sufficient cause. \r\n21\r\n7. Effect of grant of certificate and taking of oath.– (1) No certificate of \r\nnaturalization shall have effect until the person to whom it is granted has taken and \r\nsubscribed the oath prescribed by section 6, but upon the taking and subscribing of \r\nsuch oath such person, and any child of any such person who has been included in \r\nthe certificate under subsection (2) of section 5, shall be deemed to be citizens of \r\nPakistan and be entitled to all the rights, privileges and capacities of a citizen of \r\nPakistan born within Pakistan, except such rights, privileges or capacities, if any, as \r\nmay have been withheld from them respectively by the certificate, and shall within \r\nPakistan be subject to all the obligations, duties and liabilities of a citizen of Pakistan \r\n; and the wife of any such person to whom a certificate of naturalization is granted \r\nafter the commencement of the Indian Naturalization (Amendment) Act, 1935, shall, \r\nif not already a citizen of Pakistan, in like manner be so deemed and be so entitled \r\nand so subject, if within one year, or such longer period as the Federal Government \r\nmay in special circumstances allow, from the date of the taking and subscribing of \r\nsuch oath by her husband, She makes to the Federal Government a declaration that \r\nshe desire to be deemed to be a citizen of Pakistan, and if she is an alien as defined \r\nin the Pakistan Citizenship Act, 1951, obtains a certificate of domicile under that Act, \r\nand takes and subscribes the oath prescribed by section 6 of this Act. \r\n(2) When the person to whom a certificate of naturalization has been \r\ngranted has taken and subscribed the oath prescribed by section 6, any wife \r\nthereafter married by, and any child thereafter born to, such person shall, if she or he \r\nis not a citizen of Pakistan and if such person aforesaid at the date of the marriage or \r\nbirth, as the case may be, retains any rights, privileges or capacities of a citizen of \r\nPakistan under this Act, be entitled, subject, in the case of wife, to her making to the \r\nFederal Government a declaration as provided in subsection (1) and, if necessary, \r\nupon obtaining the certificate of domicile and making and subscribing the oath as \r\nfurther provided in that subsection, to the same rights, privileges and capacities, and \r\nbe subject to the same obligations, duties and liabilities to which such person \r\naforesaid was at the date entitled and subject]. \r\n8. Revocation of certificate.– (1) \r\n22\r\n[Where the Federal Government is satisfied \r\nthat a certificate of naturalization granted under this Act, or the Indian Naturalization \r\nAct, 1852]\r\n23\r\n, were obtained by false representation or fraud or by concealment of \r\nmaterial circumstances, or that the person to whom the certificate has been granted \r\nhas shown himself by act or speech to be disloyal to \r\n24\r\n[Pakistan], \r\n25\r\n[the Federal \r\nGovernment] shall, by order in writing revoke the certificate. \r\n                                                 \r\n20The original words “His Majesty the King, Emperor of India, His heirs and successors” have successively been amended by \r\nA.O., 1949, and Act 23 of 1951, S.8, to read as above. \r\n21Subs. By Act 61 of 1952, S. 6, for the existing section 7. \r\n22Subs. By A.O, 1937, for certain original words and figures. \r\n23Rep. by this Act. \r\n24Subs. by the Naturalization (Amdt.) Act, 1950 (23 of 1951), S.10, for “His Majesty” \r\n(2) Without prejudice to the going provisions, \r\n26\r\n[the Federal Government] \r\nshall, by order in writing, revoke such a certificate of naturalization as aforesaid in \r\nany case in which it is satisfied that the person to whom the certificate was granted:– \r\n(a) has, during any war in which \r\n27\r\n[Pakistan] is engaged unlawfully traded \r\nor communicated with the enemy, or with a subject of an enemy state, \r\nor been engaged, in or associated with, any business which is to his \r\nknowledge carried on in such a manner as to assist the enemy in such \r\nwar; or \r\n(b) has, within five years of the date of the grant of the certificate, been \r\nsentenced by any Court \r\n28\r\n[in Pakistan or] in His Majesty's dominions to \r\ntransportation or to imprisonment for a term of not less than twelve \r\nmonths, or to pay a fine of not less than one thousand rupees; or \r\n(c) was not of good character at the date of the grant of the certificate; or \r\n29\r\n[(d) has since the grant of the certificate been, for a period of not less than \r\nseven years, ordinarily resident out of Pakistan otherwise than as a \r\nrepresentative of a citizen of Pakistan, or of a Pakistan firm or company \r\nor a Pakistan institution, or in the service of a Government in Pakistan \r\nor in the armed forces of Pakistan, and has not maintained substantial \r\nconnection with Pakistan; or] \r\n(e) remains, according to the law of a state at war with Pakistan, a subject \r\nof that state; and that the continuance of the certificate is not \r\nconductive to the public good. \r\n30\r\n(3) [* * * * * * * * * * *   ] \r\n(4) \r\n31\r\n[The Federal Government may, if it thinks fit, before making an order \r\nunder the section, refer the case for such inquiry as in hereinafter specified, and, in \r\nany case to which subsection (1) or clause (a), clause (b) or clause (c) of subsection \r\n(2) applies, the Central Government shall, by notice given to or sent by post to the \r\nlast known address of, the holder of the certificate, give him an opportunity of \r\nclaiming that the case be referred for such inquiry, and, if the holder so claims in \r\naccordance with the notice, the Federal Government shall refer the case for inquiry \r\naccordingly. \r\n(5) An inquiry under this section shall be held by such person or persons \r\nand in such manner as \r\n32\r\n[the Federal Government] may direct in each case. \r\n(6) Where a certificate is revoked under this section, the revocation shall \r\nhave effect from such date as may be directed by 32[the Federal Government], and \r\nthereupon the certificate shall be given up and cancelled; and any person who, \r\n                                                                                                                                                        \r\n25Subs. By A.O, 1937, for” such local government”. \r\n26Subs. By A.O, 1937, for” such local government”. \r\n27Subs. By the Naturalization (Amdt.) Act, 1950 (23 of 1951), S.10, fpr “His Majesty”  \r\n28Ins. BY AO 1961, art. 2 and such. (with effect from the 23rd march, 1950). \r\n29Subs. by the Naturalization (Amdt.) Act, 1952 (61 of 1952, S/7, for the original Cl. (d). \r\n30Sub-section (3 omitted by AO 1937) \r\n31Subs. ibid. for the “Local Government”. \r\n32Subs. By A.O, 1937, for “the Local Government” \r\nwithout reasonable cause the burden of proving which shall lie upon him fails to give \r\nup his certificate within one month from the aforesaid date, shall be punishable with \r\nfine, which may extend to one thousand rupees. \r\n(7) For the purposes of this section, any person who has acquired any of \r\nthe rights, privileges or capacities of naturalization under subsection (2) of section 5 \r\nor sub-section (2) of section 7 by reason of the grant to his parent of a certificate of \r\nnaturalization, may, after he has attained majority, be deemed to be a person to \r\nwhom a certificate of naturalization has been granted. \r\n9. Effect of revocation of certificate.– (1) Where a certificate is revoked under \r\nsection 8, the former holder thereof shall cease to be deemed to be a \r\n33\r\n[citizen of \r\nPakistan]. \r\n(2) On such revocation, \r\n32\r\n[the Federal Government] may, order in writing, \r\ndirect that the wife and minor children (or any of them) of the person whose \r\ncertificate is revoked shall cease to be deemed to be \r\n34\r\n[citizens of Pakistan]; but \r\nwhere no such direction is made, the status of the wife and minor children of the \r\nperson whose certificate is revoked shall not be affected by the revocation: \r\n35\r\n[Provided that no such order shall be made in the case of a wife unless by \r\nreason of the acquisition by her husband of a new nationality she has also acquired \r\nthe nationality]: \r\nProvided further that, in the case of a wife who 36\r\n[was, or, if the Pakistan \r\nCitizenship Act, 1951, had been in force at the date of her birth, would have been, by \r\nbirth a citizen of Pakistan], no such order as aforesaid shall be made, unless [the \r\nFederal Government] is satisfied that, if she had held a certificate of naturalization in \r\nher own right, the certificate could properly have been revoked under section 8, and \r\nthe provisions of that section as to referring cases for inquiry shall apply to the \r\nmaking of any such order as they apply to the revocation of a certificate. \r\n10. Declaration of alienage.– (l) A declaration of alienage in such manner as \r\nmay be prescribed by rules made under this Act may be made:– \r\n(a) within one year of his attaining majority, by any child who has acquired \r\nany of the rights, privileges of capacities of naturalization under \r\nsubsection (1) of section 5, or subsection (2) of section 7; or \r\n(b) within six months from the date revocation of a certificate under section \r\n8, or of the death of, or of the dissolution of her marriage with, the \r\nholder of any such certificate as in therein referred to, by the wife of the \r\nperson whose certificate has been revoked, or who has died, or whose \r\nmarriage to her has been dissolved, as the case may be. \r\n(2) Where a declaration of alienage has been made in the manner \r\naforesaid, the person making the same, and the wife of children of any such person \r\n                                                 \r\n33Subs. By the Naturalization (Amdt.) Act, 1950 (23 of 1951), S. 10, fpr “His Majesty” \r\n34Sub Ibid for “British Subjects”. \r\n35Ins by the Indian Naturalization (Amdt) Act, 1935 (1 of 1935)m/s,3. \r\n36Subs. by Act 61 of 1952 s.8 “for was at birth a British subject”. \r\nwho are minors and are not by birth \r\n37\r\n[citizens of Pakistan], shall cease to be deemed \r\nto be \r\n37\r\n[citizens of Pakistan]: \r\n38\r\n[Provided that the wife of any such person shall not cease to be deemed to \r\nbe a \r\n39\r\n[citizen of Pakistan] under this subsection, unless by reason of the acquisition \r\nby her husband of a new nationality she has also acquired, that nationality]. \r\n11. Inquiries.– Every person making an inquiry under the orders of \r\n40\r\n[the Federal \r\nGovernment] under subsection (3) of section 4, and every person appointed to hold \r\nan inquiry under subsection (5) of section 8, shall be deemed to be public servant \r\nwithin the meaning of the \r\n40\r\n[Pakistan] Penal Code, and shall for the purposes of such \r\nInquiry have the same powers as are vested in a Court under the Code of Civil \r\nProcedure, 1908, when trying a suit, in respect of the following matters:– \r\n(i) enforcing the attendance of any person and examining him on oath; \r\n(ii) compelling the production of documents and material object; and \r\n(iii) issuing commissions for the examination of witnesses; and every \r\ninquiry shall be deemed to be a judicial proceeding within the meaning \r\nof sections 193 and 228 of the Pakistan Penal Code. \r\n12. Oaths and affidavits.– (1) All oaths and affidavits for the purposes of this Act \r\nshall be sworn before a Magistrate or such other person as may be appointed in this \r\nbehalf by \r\n41\r\n[the Federal Government]. \r\n(2) The Magistrate or other person by whom an oath of allegiance is \r\nadministered under section 6 shall grant to the person making the same a certificate \r\nin writing of his having taken and subscribed such oath and the date of his taking \r\nand subscribing the same, and shall forward to the Federal Government the oath so \r\ntaken and subscribed, together with a copy of such certificate. \r\n13. Power to make rules.– (1) \r\n42\r\n[The Federal Government] may, \r\n43\r\nx  x  x, by \r\nnotification in the \r\n44\r\n[official Gazette], make rules\r\n45\r\n to give effect to the provisions of \r\nthis Act. \r\n(2) In particular and without prejudice to the generality of the foregoing \r\npowers, such rules may provide for all or any of the following matters, namely:– \r\n(a) the forms in which certificates of naturalization shall be granted, and \r\nthe manner in which they shall be recorded : \r\n                                                 \r\n37Subs. by Naturalization (Amdt) Act, 1952 (61 of 1952), s.9 for “British subject”. \r\n38Proviso added by the Indian Naturalization (Amdt) Act, 1935 (1 of 1935), S.4.  \r\n39Subs. by Ac 61 of 1952, S/9, for “British Government”. \r\n40Subs. By A.O., 1937, for “a Local Government”. \r\n41Subs by the Naturalization (Amdt.) Act, 1950 (23 of 1951), S.11, for “Indian” \r\n42Subs. by AO 1937 for “the Local Government”. \r\n43The Words “with the previous sanction of the GG in C.” omitted ibid.  \r\n44Subs ibid, for “Local Official Gazette.” \r\n45For the Pakistan Naturalization Rules, 1961, see Gaz. Of P., 1961, Pt.J,PP Pakistan, extraordinary, Part II 14th September, \r\n1973 (infra). \r\n(b) the manner in which declarations of alienage shall be made and \r\nrecorded ; \r\n(c) the recording of oaths of allegiance ; and \r\n(d) the fees which may be imposed for the issue of any certificate, whether \r\nof naturalization or otherwise, granted under this Act. \r\n14. Limitation to the grant of naturalization under this Act.– Nothing \r\ncontained in this Act shall be deemed to entitle to any of the rights, privileges or \r\ncapacities of a citizen of Pakistan the child of any person who is himself so entitled \r\nby reason only of the inclusion of his name in a certificate of naturalization under \r\nsubsection  \r\n(2) of section 5 or of the grant of a certificate of naturalization to his parent. \r\n46\r\n[14-A.] Application to certificate granted before separation of Burma and \r\nAden.– The provisions of this Act shall, after the separation\r\n47\r\n of Burma and Aden \r\nfrom India, continue to apply, as respects Pakistan to certificate granted under this \r\nAct, or the Indian Naturalization Act, 1852, before the said separation by the Local \r\nGovernments of Burma and Aden and any such certificates may after the said \r\nseparation be revoked as respects \r\n48\r\n[Pakistan] accordingly]. \r\n49\r\n[14-B. Application to certificates granted before partition.– The provisions of \r\nthis Act shall, nor or after the fifteenth day of August 1967, continue to apply, as \r\nrespects \r\n50\r\n[***]Pakistan, to certificates granted under this Act or under the Indian \r\nNaturalization Act, 1852, before that day by the Local Government or Provincial \r\nGovernment of any Province which or any part of which was included in the \r\nDomination of India on that day, and any such certificates my after that day be \r\nrevoked as respects \r\n50\r\n[***] Pakistan accordingly]. \r\n51\r\n[l4-C. Validation of certain certificates.– Any certificate granted under the Indian \r\nNaturalization Act, 1852, or under this Act before the commencement of the \r\nNaturalization (Amendment) Act, 1952, and standing unrevoked as respects \r\nPakistan at the commencement of the last-named Act, shall be deemed to be a \r\ncertificate of naturalization under this Act as amended by the Naturalization \r\n(Amendment) Act, 1962]. \r\n15. [Repeals].– Rep. by the Repealing Act, 1927 (XIII of 1927), S. 2 and Sch. \r\n                                                 \r\n46S. 14 A ins. By AO 1937. \r\n47i.e. the 1st April, 1937. \r\n48Subs. by the Naturalization (amdt) Act, 23 of 1951), S.12 for “the 1949, for “British India” \r\n49S. 14A ins. By A.O., 1937. \r\n50The words “the Provinces of omitted by Act 23 fo 1951, S.13. \r\n51Added by the Naturalization (Amdt.) Act, 1952 (61 of 1952), S. 11.",
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