THE STATE OF NAGALAND ACT, 1962                                                                                                                                        

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ARRANGEMENT OF SECTIONS                                                                                                            

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PART I 
PRELIMINARY 

SECTIONS 

1. Short title. 

2. Definitions. 

PART II 

FORMATION OF THE STATE OF NAGALAND 

3. Formation of State of Nagaland. 

4. Amendment of First Schedule to the Constitution. 

5. Amendment of Sixth Schedule to the Constitution. 

PART III 

REPRESENTATION IN THE LEGISLATURES 

The Council of States 

6. Representation in Council of States. 

7. Election to fill vacancy. 

8. Term of office. 

The House of the People 

9. Representation in House of the People. 

10. Provision as to sitting member. 

The Legislative Assembly 

11. Strength of Legislative Assembly. 

12. Rules of procedure. 

PART IV 

HIGH COURT 

13. Common High Court for Assam and Nagaland. 

14. Provision as to Advocates. 

15. Practice and procedure in common High Court. 

16. Custody of Seal of common High Court. 

17. Form of writs and other processes. 

18. Powers of Judges. 

19. Principal seat of common High Court. 

20. Procedure as to appeals to Supreme Court. 

21. Pending suits, appeals and proceedings. 

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PART V 

FINANCIAL PROVISIONS 

SECTIONS 

22. Authorisation of expenditure pending its sanction by Legislature. 

22A. Allowances and privileges of Governor of Nagaland. 

23. Distribution of revenues. 

24. Property, assets, rights, liabilities and obligations. 

25. Arrears of taxes. 

PART VI 

LEGAL AND MISCELLANEOUS PROVISIONS 

26. Continuance of existing laws and their adaptation. 

27. Power to construe laws. 

28. Provisions as to continuance of courts and of officers, etc. 

29. Amendment of Act 37 of 1956. 

30. Effect of provisions of Act inconsistent with other laws. 

31. Power to remove difficulties. 

32. Power to make rules. 

33. [Repealed.] 

THE SCHEDULE. 

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THE STATE OF NAGALAND ACT, 1962 

ACT NO. 27 OF 1962 

An  Act  to  provide  for  the  formation  of  the  State  of  Nagaland  and  for  matters  connected 

therewith. 

BE it enacted by Parliament in the Thirteenth Year of the Republic of India as follows:— 

[4th September, 1962.] 

PART I 
PRELIMINARY 

1. Short title.—This Act may be called the State of Nagaland Act, 1962. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “appointed  day”  means  the  day  which  the  Central  Government  may,  by  notifiation  in  the 

Official Gazette, appoint; 

(b) “article” means an article of the Constitution; 

(c) “assembly constituency” and “parliamentary constituency” have the same meanings as in the 

Representation of the People Act, 1950 (43 of 1950); 

(d)  “law”  includes  any  enactment,  ordinance,  regulation,  order,  bye-law,  rule,  scheme, 

notification or other instrument or custom or usage having the force of law; 

(e) “Naga Hills-Tuensang Area” means the Naga Hills-Tuensang Area specified in Part B of the 
Table appended to paragraph 20 of the Sixth Schedule to the Constitution, comprising the areas which 
at the commencement of the Constitution were known as the Naga-Hills District and the Naga Tribal 
Area; 

(f) “regional council” means the regional council referred to in article 371A. 

PART II 

FORMATION OF THE STATE OF NAGALAND 

3. Formation of State of Nagaland.—(1) As from the appointed day, there shall be formed a new 
State to be known as the State of Nagaland comprising the territories which immediately before that day 
were comprised in the  Naga Hills-Tuensang Area and thereupon the said territories shall cease to form 
part of the State of Assam. 

(2) Without prejudice to the power of the State Government to alter after the appointed day, the name, 
extent or boundaries of any district, the State of Nagaland shall consist of three districts to be called the 
Kohima  district,  Mokokchung  district  and Tuensang  district,  each comprising  the  areas  respectively  set 
out in the Schedule. 

4.  Amendment  of  First  Schedule  to  the  Constitution.—As  from  the  appointed  day,  in  the  First 

Schedule to the Constitution, under the heading “I. THE STATES”— 

(a) in the paragraph relating to the territories of the State of Assam, the following shall be added 

at the end, namely:— 

“and  the  territories  specified  in  sub-section  (1)  of  section  3  of  the  State  of  Nagaland            

Act, 1962”; 

(b) after entry 15, the following entry shall be inserted, namely:— 

“16. Nagaland . . . . . The territories specified in sub-section (1) of section 3 of the State of 

Nagaland Act, 1962”. 

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5.  Amendment  of  Sixth  Schedule  to  the  Constitution.—As  from  the  appointed  day,  in  the  Sixth 

Schedule to the Constitution— 

(a) in paragraph 20— 

(i) sub-paragraph (2B) shall be omitted; 

(ii) in sub-paragraph (3), the brackets and words “(other than the Naga Hills-Tuensang Area)” 

shall be omitted; 

(b) in the Table appended to paragraph 20, in Part B, the item “2. The Naga Hills-Tuensang Area” 

shall be omitted. 

PART III 

REPRESENTATION IN THE LEGISLATURES 

The Council of States 

6. Representation in Council of States.—As from the appointed day— 

(a) there shall be allotted one seat to the State of Nagaland in the Council of States; 

(b) in the Fourth Schedule to the Constitution, in the Table— 

(i) entries 16 to 19 shall be renumbered as entries 17 to 20; 

(ii) after entry 15, the following entry shall be inserted, namely:— 

“16. Nagaland. . . . . . . . . . . . . . .1”, 

(iii) at the end, for the figures “224”, the figures “225” shall be substituted. 

7.  Election  to  fill  vacancy.—As  soon  as  may  be  after  the  appointed  day,  there  shall  be  held  an 

election to fill the seat allotted to the State of Nagaland in the Council of States. 

8. Term of office.—The term of office of the member for the first time elected to fill the seat allotted 

to the State of Nagaland in the Council of States shall expire on the 2nd day of April, 1968. 

The House of the People 

9. Representation in House of the People.—(1) As from the appointed day— 

(a) there shall be allotted one seat to the State of Nagaland in the House of the People; 

(b) in the First Schedule to the Representation of the People Act, 1950 (43 of 1950),— 

(i) the entry “25. Naga Hills-Tuensang Area. . . . . . . . .1” shall be omitted; 

(ii) entries 16 to 24 shall be renumbered as entries 17 to 25; 

(iii) after entry 15, the following entry shall be inserted, namely:— 

“16. Nagaland. . . . . . . . . . . . . . .1”. 

(2)  The  whole  of  the  State  of  Nagaland  shall  form  one  parliamentary  consituency  to  be  called  the 
parliamentary  constituency  of  Nagaland  for  the  purpose  of  filling  the  seat  allotted  to  that  State  in  the 
House of the People. 

(3) For the period referred to in clause (2) of article 371A, section 13D of the Representation of the 
People Act, 1950 (43 of 1950), shall apply in relation to the parliamentary constituency of Nagaland with 
the modification that it shall be necessary to prepare and revise separately the electoral roll for that part of 
the said parliamentary constituency which comprises the Tuensang district and the provisions of Part III 
of that Act shall apply in relation to the said part as they apply in relation to an assembly constituency. 

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10. Provision as to sitting member.—The sitting member of the House of the People representing, 
immediately before the appointed day, the Naga Hills-Tuensang Area shall, as from that day, represent 
the State of Nagaland in that House and shall continue to do  so until a person is elected in accordance 
with law to fill the seat allotted to the parliamentary constituency of Nagaland. 

The Legislative Assembly 

11. Strength of Legislative Assembly.—(1) The total number of seats to be filled by persons chosen 

by direct election in the Legislative Assembly of Nagaland shall be 60: 

Provided that for the period referred to in clause (2) of article 371A, the total number of seats in the 

Legislative Assembly of Nagaiand shall be 1[52], of which— 

(a) 2[twelve seats] shall be allocated to the Tuensang district and shall be filled by persons chosen 
by the members of the regional council from amongst themselves in such manner as the Governor, 
after consulting that council, may by notification in the Official Gazette specify, and 

(b) the remaining forty seats shall be filled by persons chosen by direct election from assembly 

constituencies in the rest of the State of Nagaland. 

(2) In the Representation of the People Act, 1950 (43 of 1950),— 

(a) in section 7, the following proviso shall be inserted at the end, namely:— 

“Provided  that  for  the  period  referred  to  in  clause  (2)  of  article  371A,  the  total  number  of 

seats allotted to the Legislative Assembly of Nagaland shall be 46, of which— 

(a)  six  seats  shall  be  allocated  to  the  Tuensang  district  and  shall  be  filled  by  persons 
chosen  by  the  members  of  the  regional  council  referred  to  in  that  article  from  amongst 
themselves in such manner as the Governor, after consulting that council, may by notification 
in the Official Gazette specify, and 

(b)  the  remaining  forty  seats  shall  be  filled  by  persons  chosen  by  direct  election  from 

assembly constituencies in the rest of the State of Nagaland.”; 

(b) in the Second Schedule, after entry 14, the following entry shall be inserted, namely:— 
15. Nagaland..... 60 [for the period referred to in clause (2) of articles 371A, 46].”. 

(3)  In  the  Representation  of  the  People  Act,  1951  (43  of  1951),  in  section  5,  in  clause  (c),  the 

following proviso shall be inserted at the end, namely:— 

“Provided  that  for  the  period  referred  to  in  clause  (2)  of  article  371A,  a  person  shall  not  be 
qualified to be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of 
Nagaland unless he is a member of the regional council referred to in that article.”. 

(4)  The  Election  Commission  shall  delimit  the  assembly  constituencies  in  accordance  with  the 
provisions of the Constitution on the basis of the latest census figures, and in doing so the Commission 
shall have regard to the following provisions, namely:— 

(a) all constituencies shall, as far as practicable, consist of geographically compact areas, and in 
delimiting them, regard shall be had to physical features, existing boundaries of administrative units, 
facilities of communication, public convenience and linguistic affinities of the people, 

(b) all constituencies shall be single-member constituencies, and 

(c) the population of each constituency shall not, as far as practicable, be more than six thousand. 

(5) For the purpose of assisting the Election Commission in the performance of its functions under 
this section, the Commission shall associate with itself five persons of whom three shall be elected by the 
members  of  the  Interim  Body  established  under  section  3  of  the  Nagaland  (Transitional  Provisions) 
Regulation,  1961  (Regulation  2  of  1961),  from  among  themselves  and  two  shall  be  nominated  by  the 
Central Government: 

1. Subs. by Act 61 of 1968, s. 3, for “46” (w.e.f. 31-12-1968). 
2. Subs. by s. 3, ibid., for “six seats” (w.e.f. 31-12-1968). 

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Provided that none of the said associate members shall have a right to vote or to sign any decision of 

the Election Commission. 

(6) The Election Commission shall— 

(a) formulate its proposals in regard to the matters mentioned in sub-section (4) and publish them 
in  the  Official  Gazette  of  the  State  of  Assam  and  in  such  other  manner  as  the  Commission  may 
consider fit, together with a notice inviting objections and suggestions in relation to the proposals and 
specifying a date on or after which the proposals will be further considered by it; 

(b) consider all objections and suggestions which may have been received by it before the date so 
specified, and for the purpose of such consideration hold one or more public sittings at such place or 
places as it may think fit; 

(c) after considering all objections and suggestions which may have been received by it before the 
date so specified, determine the matters mentioned in sub-section (4) by one or more final orders and 
cause such order or orders to be published in the Official Gazette of the State of Assam; and upon 
such publication the order or orders shall have the full force of law and shall not be called in question 
in any court; 

(d) amend the Delimitation of Parliamentary and Assembly Constituencies Order, 1961, so as to 
include therein the parliamentary constituency of Nagaland and the assembly constituencies delimited 
under this section. 

12.  Rules  of  procedure.—The rules as to procedure  and  conduct  of  business in force immediately 
before the appointed day with respect to the Legislative Assembly of Assam shall, until rules are made 
under clause (1) of article 208, have effect in relation to the Legislative Assembly of Nagaland, subject to 
such modifications and adaptations as may be made therein by the Speaker thereof. 

PART IV 

HIGH COURT 

13. Common High Court for Assam and Nagaland.—(1) As from the appointed day,— 

(a) there shall be a common High Court for the State of Assam and the State of Nagaland to be 

called the High Court of Assam and Nagaland (hereinafter referred to as the common High Court); 

(b)  the  Judges  of  the  High  Court  of  Assam  holding  office  immediately  before  that  day  shall, 

unless they have elected otherwise, become on that day the Judges of the common High Court. 

(2)  Expenditure  in  respect of the salaries  and  allowances  of the Judges of the  common  High  Court 
shall  be  allocated  between  the  State  of  Assam  and  the  State  of  Nagaland  in  such  proportion  as  the 
President may by order determine. 

14. Provision as to Advocates.—(1) As from the appointed day,— 

(a) in the Advocates Act, 1961 (25 of 1961), in section 3, in sub-section (1), for clause (b), the 

following clause shall be substituted, namely:— 

“(b) for the States of Assam and Nagaland and the Union Territory of Manipur, to be known 

as the Bar Council of Assam and Nagaland;”; 

(b) the Bar Council of Assam shall be deemed to be the Bar Council of Assam and Nagaland. 

(2) Any person who immediately before the appointed day is an advocate entitled to practise in the 

High Court of Assam shall be entitled to practise as an advocate in the common High Court. 

(3)  All  persons  who  immediately  before  the  appointed  day  are  advocates  on  the  roll  of  the  Bar 
Council of Assam shall as from that day become advocates on the roll of the Bar Council of Assam and 
Nagaland. 

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(4) The right of audience in the common High Court shall be regulated in accordance with the like 
principles as, immediately before the appointed day, are in force with respect to the right of audience in 
the High Court of Assam: 

Provided that as between the Advocate-General of Assam and the Advocate-General of Nagaland the 

right of audience shall be determined with reference to their respective dates of enrolment as advocates. 

15.  Practice  and  procedure  in  common  High  Court.—Subject  to  the  provisions  of  this  Part,  the 
law  in  force  immediately  before  the  appointed  day  with  respect  to  practice  and  procedure  in  the  High 
Court of Assam shall, with necessary modifications, apply in relation to the common High Court. 

16. Custody of Seal of common High Court.—The law in force immediately before the appointed 
day  with  respect  to  the  custody  of  the  Seal  of  the  High  Court  of  Assam  shall,  with  necessary 
modifications, apply with respect to the custody of the Seal of the common High Court. 

17.  Form  of writs  and  other  processes.—The  law  in  force  immediately  before  the  appointed  day 
with respect to the form of writs and other processes used, issued or awarded by the High Court of Assam 
shall,  with  necessary  modifications,  apply  with  respect  to  the  form  of  writs  and  other  processes  used, 
issued or awarded by the common High Court. 

18. Powers of Judges.—The law in force immediately before the appointed day with respect to the 
powers  of  the  Chief  Justice,  single  Judges  and  division  courts  of  the  High  Court  of  Assam  and  with 
respect to all matters ancillary to the exercise of those powers shall, with necessary modifications, apply 
in relation to the common High Court. 

19. Principal  seat of common High Court.—The principal seat of the common High Court shall, 
unless  otherwise  determined  by  the  Chief  Justice  after  consultation  with  the  Governors  of  Assam  and 
Nagaland, be at the same place as the principal seat of the High Court of Assam immediately before the 
appointed day. 

20.  Procedure  as  to  appeals  to  Supreme  Court.—The  law  in  force  immediately  before  the 
appointed day relating to appeals to the Supreme Court from the High Court of Assam and the Judges and 
division courts thereof shall, with necessary modifications, apply in relation to the common High Court. 

21. Pending suits, appeals and proceedings.—All suits, appeals and proceedings, civil, criminal or 
otherwise, pending in the High Court of Assam immediately before the appointed day shall, on that day, 
stand removed to the common High Court and the common High Court shall have jurisdiction to hear and 
determine  the  same,  and  the  judgments,  decrees,  sentences  and  orders  of  the  High  Court  of  Assam 
delivered, passed or made before the appointed day shall have the same force and effect as if they had 
been delivered, passed or made by the common High Court. 

PART V 

FINANCIAL PROVISIONS 

22. Authorisation of expenditure pending its sanction by Legislature.—The President may, at any 
time  before  the  appointed  day,  authorise  such  expenditure  from  the  Consolidated  Fund  of  the  State  of 
Nagaland as he deems necessary for a period of not more than six months beginning with the appointed 
day, pending the sanction of such expenditure by the Legislature of the State of Nagaland: 

Provided  that  the  Governor  of  Nagaland  may,  after  the  appointed  day,  authorise  such  further            

expenditure as he deems necessary from the Consolidated Fund of the State of Nagaland for any period 
not extending beyond the said period of six months. 

1[22A. Allowances and privileges of Governor of Nagaland.—The allowances and privileges of the 
Governor of Nagaland shall, until provision in that behalf is made by Parliament by law under clause (3) 
of article 158, be such as the President may, by order, determine.] 

1. Ins. by Act 35 of 1981, s. 2 (w.e.f. 26-7-1981). 

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23.  Distribution  of  revenues.—The  President  shall  by  order  determine  the  grants-in-aid  of  the 
revenues of the State of Nagaland and the share of that State in the Union duties of excise, estate duty and 
taxes on income and for that purpose amend thereby the relevant provisions of the Union Duties of Excise 
(Distribution)  Act,  1962  (3  of  1962),  the  Additional  Duties  of  Excise  (Goods  of  Special  Importance)    
Act,  1957  (58  of  1957),  the  Estate  Duty  (Distribution)  Act,  1962  (9  of  1962),  and  the  Constitution 
(Distribution of Revenues) Order, 1962 (C.O. 63), in such manner as he thinks fit. 

24. Property, assets, rights, liabilities and obligations.—(1) All property and assets situated in, or 
used  for,  or  in  connection  with  the  administration  of,  the  Naga  Hills-Tuensang  Area  and  vested  in  the 
Union immediately before the appointed day (other than any property or assets so vested for purposes of 
the Union) shall, as from that day, vest in the State of Nagaland: 

Provided that the cash balances in the treasuries in the Naga Hills-Tuensang Area immediately before 

the appointed day shall, as from that day, vest in the State of Nagaland. 

(2)  All  rights,  liabilities  and  obligations  of  the  Central  Government,  whether  arising  out  of  any 
contract  or  otherwise,  which  are,  immediately  before  the  appointed  day,  the  rights,  liabilities  and         
obligations of the Central Government arising out of or in connection with the administration of the Naga 
Hills-Tuensang Area shall, as from that day, be the rights, liabilities and obligations of the Government of 
the State of Nagaland. 

25.  Arrears  of  taxes.—The  right  to  recover  arrears  of  any  tax  or  duty  (being  a  tax  or  duty              

enumerated  in the  State  List  in  the  Seventh  Schedule  to  the  Constitution)  which  have  fallen due in  the 
Naga Hills-Tuensang Area shall pass to the State of Nagaland. 

PART VI 

LEGAL AND MISCELLANEOUS PROVISIONS 

26. Continuance of existing laws and their adaptation.—(1) All laws in force, immediately before 
the appointed day, in the Naga Hills-Tuensang Area shall continue to be in force in the State of Nagaland 
until altered, repealed or amended by a competent Legislature or other competent authority. 

(2) For the purpose of facilitating the application in relation to the State of Nagaland of any law made 
before  the  appointed  day,  the  appropriate  Government  may,  within  two  years  from  that  day,  by  order 
make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be 
necessary  or  expedient,  and  thereupon  every  such  law  shall  have  effect  subject  to  the  adaptations  and 
modifications so made until altered, repealed or amended by a competent Legislature or other competent 
authority. 

Explanation.—In this section, the expression “appropriate Government” means, as respects any law 
relating to a matter enumerated in the Union List in the Seventh Schedule to the Constitution, the Central 
Government; and as respects any other law, the Government of Nagaland. 

27. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been 
made under section 26 for the adaptation of a law made before the appointed day, any court, tribunal or 
authority required or empowered to enforce such law may, for the purpose of facilitating its application in 
relation to the State of Nagaland, construe the law in such manner not affecting the substance as may be 
necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be. 

28. Provisions as to continuance of courts and of officers, etc.—(1) All courts and tribunals and all 
authorities  discharging  lawful  functions  throughout  the  Naga  Hills-Tuensang  Area  or  any  part  thereof 
immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of 
this  Act  or  until  other  provision  is  made  by  a  competent  Legislature  or  other  competent  authority, 
continue to exercise their respective functions. 

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(2) Every person who, immediately before the appointed day, is holding or discharging the duties of 
any  post  or  office  in  connection  with  the  administration  of  the  Naga  Hills-Tuensang  Area  or  any  part 
thereof shall, except where by virtue or in consequence of the provisions of this Act such post or office 
ceases to exist on that day, continue to hold the same post or office in the State of Nagaland, and shall be 
deemed, as from that day, to have been duly appointed to such post or office by the Government of, or 
other appropriate authority in, such State. 

(3) Nothing in sub-section (2) shall be deemed to prevent a competent authority, after the appointed 
day, from passing in relation to any such person any order affecting his continuance in such post or office. 

29.  Amendment  of  Act  37  of  1956.—As  from  the  appointed  day,  in  section  15  of  the  States 
Reorganisation Act, 1956, in clause (c), for the words, “and Assam”, the words “Assam and Nagaland” 
shall be substituted. 

30. Effect of provisions of Act inconsistent with other laws.—The Provisions of this Act shall have 

effect notwithstanding anything inconsistent therewith contained in any other law. 

31. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the President may, by order, do anything not inconsistent with such provisions which appears to 
him to be necessary or expedient for the purpose of removing the difficulty. 

(2) Every order made under this section shall be laid before each House of Parliament. 

32. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules to give effect to the provisions of this Act. 

(2) Every rule made under this section shall be laid as soon as may be after it is made, before each 
House of Parliament while it is in session for a total period of thirty days which may be comprised in one 
session  or  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  1[immediately 
following the session] or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so however that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

33. [Regulation 2 of 1961.] Rep. by the Repealing and Amending Act, 1974 (56 of 1978), s. 2 and the 

First Schedule (w.e.f. 20-12-1974). 

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THE SCHEDULE 

[See section 3(2)] 

Areas 

The  areas  which  immediately  before  the  1st  day  of  December,  1957,  were 
comprised  in  the  Naga  Hills  District  excluding  the  areas  in  Mokokchung 
district as specified in item No. 2. 

District 

1. Kohima          .  . 

2. Mokokchung   .  . 

The  areas  which  immediately  before  the  1st  day  of  December,  1957,  were 

comprised in the Mokokchung sub-division of the Naga Hills District. 

3. Tuensang        .  . 

The  areas  which  immediately  before  the  1st  day  of  December,  1957,  were 
comprised  in  the  Tuensang  Frontier  Division  of  the  North  East  Frontier 
Agency. 

1. Subs. by Act 35 of 1981, s. 3, for “in which it is so laid” (w.e.f. 26-7-1981). 

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