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Languages with legal status in India

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As a large and linguistically diverse country, India does not have a single official language. Instead, the Constitution of India envisages a situation where each state has its own official language(s), in addition to the official languages to be used by the Union government. The official languages of India therefore include all languages used for the official purposes of the union, as well as the languages used for the official purposes of each state and union territory in the country.

At the time the constitution entered into force, English was used for most official purposes both at the federal level and in the various states. The constitution envisaged the gradual phasing in of local languages, principally Hindi, to replace English over a fifteen-year period, but gave Parliament the power to, by law, provide for the continued use of English even thereafter. Accordingly, English continues to be used today, in combination with Hindi (at the central level and in some states) and other languages (at the state level).

The legal framework governing the use of languages for official purpose currently includes the Constitution, the Official Languages Act, 1963, Official Languages (Use for Official Purpose of the Union) Rules, 1976, and various state laws, as well as rules and regulations made by the central government and the states.

Official languages at the central level

Hindi and English

The Indian constitution declares Hindi in Devanagari script to be the official language of the union.[1] Unless Parliament decided otherwise, the use of English for official purposes was to cease fifteen years after the constitution came into effect, i.e., on 26 January 1965.[2] The prospect of the changeover, however, led to much alarm in the non Hindi-speaking areas of India, as a result of which Parliament enacted the Official Languages Act, 1963, which provided for the continued use of English for official purposes along with Hindi, even after 1965. An attempt was made in late 1964 to expressly provide for an end to the use of English, but it was met with protests from across the country. Some of these protests also turned violent. Widespread protests occured in states such as Tamil Nadu, Kerala, West Bengal, Karnataka, Pondicherry and Andhra Pradesh. As a result of these protests, the proposal was dropped,[3][4] and the Act itself was amended in 1967 to provide that the use of English would not be ended until a resolution to that effect was passed by the legislature of every state that had not adopted Hindi as its official language, and by each house of the Indian Parliament.[5]

The current position is thus that the Union government may continue to use English in addition to Hindi for its official purposes[6] as a "subsidiary official language,"[7] but is also required to prepare and execute a programme to progressively increase its use of Hindi.[8] The exact extent to which, and the areas in which, the Union government uses Hindi and English, respectively, is determined by the provisions of the Constitution, the Official Languages Act, 1963, the Official Languages Rules, 1976, and statutory instruments made by the Department of Official Language under these laws.

The language of Parliamentary proceedings and laws

The Indian constitution draws a distinction between the language to be used in Parliamentary proceedings, and the language in which laws are to be made. Parliamentary business, according to the Constitution, may be conducted in either Hindi or English.[9] The use of English in parliamentary proceedings was to be phased out at the end of fifteen years unless Parliament chose to extend its use,[10] which Parliament did through the Official Languages Act, 1963.[11] In addition, the constitution permits a person who is unable to express himself in either Hindi or English to, with the permission of the Speaker of the relevant House, address the House in his mother tongue.[12]

In contrast, the constitution requires the authoritative text of all laws, including Parliamentary enactments and statutory instruments, to be in English, until Parliament decides otherwise.[13] Parliament has not exercised its power to so decide, instead merely requiring that all such laws and instruments, and all bills brought before it, also be translated into Hindi, though the English text remains authoritative.[14]

The language of the judiciary

The constitution provides that all proceedings in the Supreme Court of India, the country's highest court, shall be in English.[15] Parliament has the power to alter this by law, but has not done so.[16]

The language of administration

The Union government is required by law to progressively increase the use of Hindi in its official work,[17] which it has sought to do through "persuasion, incentive and goodwill."[18]

The Official Languages Act provides that the Union government shall use both Hindi and English in most administrative documents that are intended for the public.[19] The Official Languages Rules, in contrast, provide for a higher degree of use of Hindi in communications between offices of the central government (other than offices in Tamil Nadu, to which the rules do not apply[20]). Communications between different departments within the central government may be in either Hindi or English, although a translation into the other language must be provided if required.[21] Communications within offices of the same department, however, must be in Hindi if the offices are in Hindi-speaking states,[22] and in either Hindi or English otherwise with Hindi being used in proportion to the percentage of staff in the receiving office who have a working knowledge of Hindi.[23] Notes and memos in files may be in either Hindi or English, with the Government having a duty to provide a translation into the other language if required.[24]

In addition, every person submitting a petition for the redress of a grievance to a government officer or authority has a constitutional right to submit it in any language used in India.[25]

The languages of the Eighth Schedule to the Constitution

The Eighth Schedule to the Indian Constitution contains a list of scheduled languages, originally 14 but since expanded to 22. At the time the constitution was enacted, inclusion in this list meant that the language was entitled to representation on the Official Languages Commission,[26] and that the language would be one of the bases that would be drawn upon to enrich Hindi, the official language of the Union.[27] The list has since, however, acquired further significance. The Government of India is now under an obligation to take measures for the development of these languages, such that "they grow rapidly in richness and become effective means of communicating modern knowledge."[28] In addition, a candidate appearing in an examination conducted for public service at a higher level is entitled to use any of these languages as the medium in which he answers the paper.[29]

The following table lists the languages set out in the eighth schedule as of May 2007, together with the regions where they are used:

No. Language Place(s)/Community
1. Assamese/Asomiya Assam
2. Bengali/Bangla Tripura, West Bengal, Andaman & Nicobar Islands
3. Bodo Assam
4. Dogri Jammu and Kashmir
5. Gujarati Dadra and Nagar Haveli, Daman and Diu, Gujarat
6. Hindi Andaman and Nicobar Islands, Arunachal Pradesh, Bihar, Chandigarh, Chhattisgarh, the national capital territory of Delhi, Haryana, Himachal Pradesh, Jharkhand, Madhya Pradesh, Rajasthan, Uttar Pradesh and Uttarakhand.
7. Kannada Karnataka
8. Kashmiri Jammu and Kashmir
9. Konkani Maharashtra, Goa and Karnataka
10. Maithili Bihar
11. Malayalam Kerala, Lakshadweep,Andaman and Nicobar Islands
12. Manipuri (also Meitei or Meithei) Manipur
13. Marathi Maharashtra,Dadra & Nagar Haveli , Goa
14. Nepali Sikkim
15. Oriya Orissa
16. Punjabi Punjab, Chandigarh, second official language of Delhi, Haryana
17. Sanskrit A Classical Language of India.
18. Santhali Santhal tribals of the Chota Nagpur Plateau (comprising the states of Jharkhand, Bihar, Orissa, Chattisgarh)
19. Sindhi Sindhi community
20. Tamil Tamil Nadu, Puducherry, Andaman & Nicobar Islands. Also listed as a Classical Language of India along with Sanskrit
21. Telugu Andhra Pradesh, Andaman & Nicobar Islands
22. Urdu Jammu and Kashmir, Andhra Pradesh, Delhi, Uttar Pradesh

Official languages at the state level

The Indian constitution does not specify the official languages to be used by the states for the conduct of their official functions, and leaves each state free to, through its legislature, adopt any Hindi, or any language used in its territory as its official language or languages.[30] The language need not be one of those listed in the Eighth Schedule, and several states have adopted official languages which are not so listed. Examples include Kokborok in Tripura, Mizo in Mizoram, Khasi, Garo, and Jaintia in Meghalaya, and French in Puducherry.

The language of the legislature and administration

The constitutional provisions in relation to use of the official language in legislation at the State level largely mirror those relating to the official language at the central level, with minor variations. State legislatures may conduct their business in their official language, Hindi or (for a transitional period, which the legislature can extend if it so chooses) English, and members who cannot use any of these have the same rights to their mother tongue with the Speaker's permission.[31] The authoritative text of all laws must be in English, unless Parliament passes a law permitting a state to use another language, and if the original text of a law is in a different language, an authoritative English translation of all laws must be prepared.[32]

The state has the right to regulate the use of its official language in public administration, and in general, neither the constitution nor any central enactment imposes any restriction on this right. However, every person submitting a petition for the redress of a grievance to an officer or authority of the state government has a constitutional right to submit it in any language used in that state, regardless of its official status.[33]

In addition, the constitution grants the central government, acting through the President, the power to issue certain directives to the government of a state in relation to the use of minority languages for official purposes. The President may direct a State to officially recognise a language spoken in its territory for specified purposes and in specified regions, if its speakers demand it and satisfy him that a substantial proportion of the State's population desire its use.[34] Similarly, States and local authorities are required to endeavour to provide primary education in the mother tongue for all linguistic minorities, regardless of whether or not their language is official in that State, and the President has the power to issue directions he deems necessary to ensure that they are provided these facilities.[35]

The language of the judiciary

States have significantly less freedom in relation to determine the language in which judicial proceedings in their respective High Courts will be conducted. The constitution gives the power to authorise the use of Hindi, or the state's official language in proceedings of the High Court to the Governor, rather than the state legislature, and requires the Governor to obtain the consent of the President of India,[36] who in these matters acts on the advice of the Government of India. The Official Languages Act gives the Governor a similar power, subject to similar conditions, in relation to the language in which the High Court's judgments will be delivered.[37]

Four states - Bihar, Uttar Pradesh, Madhya Pradesh and Rajasthan - have been granted the right to conduct proceedings in their High Courts in their official language, which, for all of them, was Hindi. However, the only non-Hindi state to seek a similar power - Tamil Nadu, which sought the right to conduct proceedings in Tamil in its High Court - had its application rejected by the central government, which said it was advised to do so by the Supreme Court.[38]

Languages currently used by Indian states and union territories

States

No. State Official Language Other officially recognised languages
1. Andhra Pradesh Telugu[39] Urdu[40]
2. Arunachal Pradesh English[41] None[42]
3. Assam Assamese[43] Bengali, Bodo[43]
4. Bihar Hindi[44] Urdu[45]
5. Chhattisgarh Hindi, Chhattisgarhi[citation needed]
6. Goa Konkani[46] Marathi[46]
7. Gujarat Gujarati[47], Hindi[47]
8. Haryana Hindi[48] None[48]
9. Himachal Pradesh Hindi[49] None[49]
10. Jammu and Kashmir Urdu[50] None[51]
11. Jharkhand Hindi[52] None[52]
12. Karnataka Kannada [53][54]
13. Kerala Malayalam[55] English[55]
14. Madhya Pradesh Hindi[56]
15. Maharashtra Marathi, Konkani[citation needed]
16. Manipur Meitei[57] None[58]
17. Meghalaya English[59] Khasi, Garo[60]
18. Mizoram Mizo[61] None[61]
19. Nagaland English[62] None[62]
20. Orissa Oriya, English[63] None[63]
21. Punjab Punjabi[64] None[64]
22. Rajasthan Hindi[65] None[65]
23. Sikkim English[66][67] None[68]
24. Tamil Nadu Tamil[69] None[69]
25. Tripura English, Bengali, Kokborok[70] None[70]
26. Uttarakhand English, Hindi [71] Urdu[71]
27. Uttar Pradesh Hindi[72] Urdu[72]
28. West Bengal Bengali[73] Nepali[73]

Union Territories

No. Union Territory Official Language
1. Andaman and Nicobar Islands English and Hindi[74]
2. Chandigarh Punjabi, Hindi
3. Dadra and Nagar Haveli Marathi,Gujarati
4. Daman and Diu Gujarati, English
5. Lakshadweep Malayalam
6. Puducherry Tamil, Malayalam, Telugu, English and French [75]

The language of centre-state and interstate communication

The language in which communications between different states, or from the central government to a state or a person in a state, shall be sent is regualated by the Official Languages Act and, for states other than Tamil Nadu, by the Official Languages Rules. Communication between states who use Hindi as their official language is required to be in Hindi, whereas communication between a state whose official language is Hindi and one whose is not is required to be in English, or in Hindi with an accompanying English translation (unless the receiving state agrees to dispense with the translation).[76]

Communication between the centre and states which use Hindi as their official language (classified by the Official Language Rules as "the states in Region A"), and with persons who live in those states, is in Hindi, except in exceptional cases.[77] Communication with a second category of states, which do not use Hindi as their official language but are willing to communicate with the centre in Hindi (currently Gujarat, Maharashtra, Punjab and Chandigarh[78]) is usually in Hindi, whilst communications sent to an individual in those states may be in either Hindi or English.[79] Communication with all other states, and with persons living in them, is in English.[80]

References

  1. ^ Article 343(1).
  2. ^ Articles 343(2) and (3).
  3. ^ "The force of words". Retrieved 2007-06-05.
  4. ^ Forrester, Duncan B. (Spring - Summer 1966), "The Madras Anti-Hindi Agitation, 1965: Political Protest and its Effects on Language Policy in India", Pacific Affairs, 39 (1/2): 19–36, doi:10.2307/2755179 {{citation}}: Check date values in: |date= (help)CS1 maint: date and year (link).
  5. ^ Official Languages Act, 1963, S. 3(5).
  6. ^ Official Languages Act, 1963, S. 3(1).
  7. ^ Notification No. 2/8/60-O.L. (Ministry of Home Affairs), dated 27th April, 1960.
  8. ^ Official Languages Resolution, 1968, para. 1.
  9. ^ Article 120(1).
  10. ^ Article 120(2).
  11. ^ Official Languages Act, 1963, S. 3(1)(b).
  12. ^ Article 120(1) first proviso.
  13. ^ Article 348(1).
  14. ^ Official Languages Act, 1963, Ss. 5(1) and (2).
  15. ^ Article 348(1)(a).
  16. ^ Article 348(1), leading text.
  17. ^ Official Languages Resolution, 1968, para. 1.
  18. ^ "Official language policy of the Union."
  19. ^ S. 3(3) names, amongst others, resolutions, general orders, rules, notifications, administrative or other reports or press communiques issued by a government department, agency or corporation; administrative and other reports and official papers laid before a House or the Houses of Parliament; and contracts and agreements executed, and licences, permits, notices and forms of tender issued by or on behalf of the government (including government companies).
  20. ^ Official Languages (Use for Official Purpose of the Union) Rules, 1976, paragraph 1(ii)
  21. ^ Official Languages (Use for Official Purpose of the Union) Rules, 1976, paragraph 4(a)
  22. ^ Official Languages (Use for Official Purpose of the Union) Rules, 1976, paragraphs 4(b) and (c)
  23. ^ Official Languages (Use for Official Purpose of the Union) Rules, 1976, paragraph 4(d)
  24. ^ Official Languages (Use for Official Purpose of the Union) Rules, 1976, paragraph 8
  25. ^ Constitution of India, Article 350.
  26. ^ Constitution of India, Article 344(1).
  27. ^ Constitution of India, Article 351.
  28. ^ Official Languages Resolution, 1968, para. 2.
  29. ^ Official Languages Resolution, 1968, para. 4.
  30. ^ Constitution of India, Article 345
  31. ^ Constitution of India, Article 210.
  32. ^ Articles 348(1) and (3).
  33. ^ Constitution of India, Article 350.
  34. ^ Constitution of India, Article 347.
  35. ^ Constitution of India, Article 350A.
  36. ^ Constitution of India, Article 348(2).
  37. ^ S. 7]
  38. ^ Special Correspondent (12 March), "Karunanidhi stands firm on Tamil in High Court", The Hindu, p. 1 {{citation}}: |last= has generic name (help); Check date values in: |date= and |year= / |date= mismatch (help).
  39. ^ The Andhra Pradesh Official Language Act, 1966, declares Telugu to be the official language. This enactment was implemented by GO Ms No 420 in 2005. Rao, M. Malleswara (September 18, 2005), "Telugu declared official language", The Hindu (Online edition), retrieved 2007-07-16{{citation}}: CS1 maint: date and year (link)
  40. ^ Urdu is used as a second official language in certain districts for certain specific purposes. Fatihi, A.R. (April 2003). "Urdu in Andhra Pradesh" (html). Language in India. 3 (4). ISSN: 1930-2940. Retrieved 2007-07-16.
  41. ^ Commissioner Linguistic Minorities, 43rd report: July 2004 - June 2005, pp. para 2.4, retrieved 2007-07-16.
  42. ^ Five languages spoken by the principal tribes in Arunachal Pradesh - Adi, Apatani, Bhoti, Khampti and Nishi are offered to students in state schools, however English is the language of administration and recruitment. Commissioner Linguistic Minorities, 43rd report: July 2004 - June 2005, pp. para 2.3 - 2.4, retrieved 2007-07-16.
  43. ^ a b Assamese is the official language of the State. Bodo is used as an associate official language for specific purposes in the districts of Kokrajhar and Nalbari and in the Udalguri sub division. Bengali is used for administrative and other official purposes in the districts of the Barak valley.Commissioner Linguistic Minorities, 42nd report: July 2003 - June 2004, p. para 3.5, retrieved 2007-06-06. See also Commissioner Linguistic Minorities, 43rd report: July 2004 - June 2005, pp. para 3.4, retrieved 2007-07-16.
  44. ^ Commissioner Linguistic Minorities, 43rd report: July 2004 - June 2005, pp. para 20.5, retrieved 2007-07-16.
  45. ^ Urdu is recognised as an additional official language for seven specific purposes, namely, receiving and replying to representations from the public; receiving documents in government offices; publishing rules, regulations and notices; issuing important letters and orders; publishing important advertisements; publishing government gazettes; and signboards at important places and offices.Commissioner Linguistic Minorities, 43rd report: July 2004 - June 2005, pp. para 20.5, retrieved 2007-07-16.
  46. ^ a b The Goa, Daman and Diu Official Language Act, 1987 makes Konkani the sole official language, but provides that Marathi may also be used for "for all or any of the official purposes". The Government also has a policy of replying in Marathi to correspondence received in Marathi. Commissioner Linguistic Minorities, 42nd report: July 2003 - June 2004, p. para 11.3, retrieved 2007-06-06 However, whilst there have been demands for making Marathi an official language, as of May 2007, Konkani remained the sole official language. UNI (May 30, 2007), Marathi vs Konkani debate continues in Goa, retrieved 2007-06-06
  47. ^ a b Fatihi, A.R. (September 9 2003). "Urdu in Gujarat" (html). Language in India. 3. Retrieved 2007-07-16. {{cite journal}}: Check date values in: |date= (help)
  48. ^ a b Commissioner Linguistic Minorities, 42nd report: July 2003 - June 2004, p. para 28.3, retrieved 2007-07-16
  49. ^ a b Commissioner Linguistic Minorities, 42nd report: July 2003 - June 2004, p. para 29.7, retrieved 2007-07-16
  50. ^ Article 145 of the Constitution of Jammu and Kashmir makes Urdu the official language of the state, but provides for the continued use of English for all official purposes.
  51. ^ Article 146 of the Constitution of Jammu and Kashmir, read together with the sixth schedule thereto, requires the government of the state to establish an academy to develop eight regional languages, namely Kashmiri, Dogri, Balti, Dardi, Punjabi, Pahari, Ladakhi and Gojri. None of these, however, are official.
  52. ^ a b Commissioner Linguistic Minorities, 41st report: July 2002 - June 2003, p. para 15.3, retrieved 2007-07-16.
  53. ^ "The Karnataka Official Language Act, 1963" (PDF). Official website of Government of Karnataka. Government of Karnataka. Retrieved 2007-07-16.
  54. ^ "The Karnataka Local Authorities (Official Language) Act, 1981" (PDF). Official website of Government of Karnataka. Government of Karnataka. Retrieved 2007-07-16.
  55. ^ a b "Malayalam, How to Arrest it's Withering Away?". M. K. Chand Raj, Ph.D. on Language in India. Central Institute of Indian Languages,Mysore. Retrieved 2007-07-16.
  56. ^ "Language and Literature". Official website of Government of Madhya Pradesh. Government of Madhya Pradesh. Retrieved 2007-07-16.
  57. ^ Section 2(f) of the Manipur Official Language Act, 1979 states that the official language of Manipur is the Manipuri language (an older English name for the Meiti language) written in the Bengali script. The Sangai Express, Mayek body threatens to stall proceeding, retrieved 2007-07-16.
  58. ^ Nine tribal languages are recognised for the purpose of education, but have no other official status. Commissioner Linguistic Minorities, 43rd report: July 2004 - June 2005, p. para 22.4, retrieved 2007-07-16.
  59. ^ Commissioner Linguistic Minorities, 42nd report: July 2003 - June 2004, p. para 25.5, retrieved 2007-07-16
  60. ^ The 43rd report of the National Commission of Linguistic Minorities reports that, from a date to be determined, Khasi will have the status of an associate official language in the districts of the East Khasi Hills, West Khasi Hills, Jaintia Hills and Ri Bhoi. Garo will have a similar status in the districts of the East Garo Hills, West Garo Hills and South Garo Hills. Commissioner Linguistic Minorities, 43rd report: July 2004 - June 2005, p. para 25.1, retrieved 2007-07-16. On the 21st of March 2006, the Chief Minister of Meghalaya stated in the State Assembly that a notification to this effect had been issued. Meghalaya Legislative Assembly, Budget session: Starred Questions and Answers - Tuesday, the 21st March 2006., retrieved 2007-07-16 {{citation}}: Cite has empty unknown parameter: |1= (help).
  61. ^ a b Mizo is the sole official language under the Official Languages Act. However, this statute does not apply to autonomous regions of Mizoram.Commissioner Linguistic Minorities, 41st report: July 2002 - June 2003, p. paras 28.4, 28.9, retrieved 2007-07-16.
  62. ^ a b Commissioner Linguistic Minorities, 43rd report: July 2004 - June 2005, p. para 17.4, retrieved 2007-07-16.
  63. ^ a b Commissioner Linguistic Minorities, 42nd report: July 2003 - June 2004, p. para 5.4, retrieved 2007-07-16.
  64. ^ a b Punjabi is the official language of the state. Section 8 of Punjab's Official Language Act requires the state Government to "take suitable steps to develop the Hindi language in the State" but does not give Hindi any official status. Commissioner Linguistic Minorities, 42nd report: July 2003 - June 2004, p. para 19.6, retrieved 2007-06-06.
  65. ^ a b Commissioner Linguistic Minorities, 42nd report: July 2003 - June 2004, p. para 26.4, retrieved 2007-07-16.
  66. ^ Commissioner Linguistic Minorities, 43rd report: July 2004 - June 2005, pp. para 27.3, retrieved 2007-07-16.
  67. ^ Government of Sikkim, Introduction to Sikkim, retrieved 2007-07-16.
  68. ^ Eleven other languages - Bhutia, Lepcha, Limboo, Nepali, Newari, Gurung, Mangar, Mukhia, Rai, Sherpa and Tamang - are termed "official", but only for the purposes of the preservation of culture and tradition. Nepali is widely used for official purposes, but has no formal legal status as the official language.Commissioner Linguistic Minorities, 43rd report: July 2004 - June 2005, pp. paras 27.3 - 27.4, retrieved 2007-07-16. See also Commissioner Linguistic Minorities, 41st report: July 2002 - June 2003, p. paras 28.4, 28.9, retrieved 2007-07-16.
  69. ^ a b Whilst Tamil is the only official language, but important rules are published in minority languages, and electoral rolls are published in Telugu, Kannada and Malayalam in their areasCommissioner Linguistic Minorities, 42nd report: July 2003 - June 2004, p. para 15.4, retrieved 2007-07-16.
  70. ^ a b Commissioner Linguistic Minorities, 41st report: July 2002 - June 2003, p. para 17.3, retrieved 2007-06-16.
  71. ^ a b English, Hindi and Urdu are the official languages of the state, although the purposes for which Urdu is used have not been fully described. Commissioner Linguistic Minorities, 43rd report: July 2004 - June 2005, pp. para 7.3, retrieved 2007-07-16.
  72. ^ a b Hindi is the official language, and Urdu is used for seven specific purposes, similar to those for which it is used in Bihar. Commissioner Linguistic Minorities, 43rd report: July 2004 - June 2005, pp. paras 6.1-6.2, retrieved 2007-07-16.
  73. ^ a b Bengali is the official language of West Bengal. Nepali is recognised as an additional official language in Darjeeling district. In addition, the government has a policy of replying to representations received in minority languages in those languages. Commissioner Linguistic Minorities, 43rd report: July 2004 - June 2005, pp. para 18.4, retrieved 2007-07-16.
  74. ^ "Most of Indian languages are spoken in Andaman and Nicobar Islands because of its cosmopolitan nature. The common language is Hindi whereas English and Hindi are used in official correspondence." Andaman District Administration, Profile, retrieved 2007-06-06
  75. ^ Office of the Chief Electoral Officer, Pondicherry, General Information on Pondicherry, retrieved 2007-06-06
  76. ^ Official Languages Act, 1963, S. 3(1).
  77. ^ Official Languages Rules, 1976, para. 3(1).
  78. ^ Official Languages Rules, 1976, para. 2(g).
  79. ^ Official Languages Rules, 1976, para. 3(2).
  80. ^ Official Languages Rules, 1976, para. 3(3).


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