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Suppression of Immoral Traffic in Women and Girls Kerala Rules, 1958

[Section 23] Rules under the Suppression of Immoral Traffic in Women and Girls Act 1956 (104 of 1956) Preamble:-- In exercise of the powers conferred by section 23 of the suppression of Immoral Traffic in women and Girls Act, 1956 (Central Act 104 of 1956), the Government of Kerala hereby make the following rules, namely:--

Read full Act
S.1 Short Title and commencement.--

(1) These rules may be called the Suppression of Immoral Traffic in Women and Girls Kerala Rules, 1958.

(2) They shall come in to force at once.


S.2 Definitions:--

In these rules, unless the context otherwise requires:--

(a) 'Act' means the Suppression of Immoral Traffic in Women and Girls Act, 1956;

(b) 'Board' means the Board of Visitors appointed by the Government under rule 41;

(c) 'Chief Inspector' means the person appointed as such by the Government to discharge the functions of the Chief Inspector under these rules;

(d) 'Licence' means a licence granted under section 21;

(e) 'Form' means a form appended to these rules;

(f) 'Section' means a section of the Act; and

(g) 'Superintendent' means the principal officer in charge of a protective home and includes any person specially appointed to discharge the functions of a Superintendent under these rules.


S.3 Manner of notifying public places.--

A copy of every order of the District Magistrate notifying a place to be a public place under section 7(1) shall be affixed to a conspicuous part of the public place so notified and also the court house of the District Magistrate.


S.4 Placing of girls in safe custody.--

(1) Where a responsible and trustworthy person belonging to the same religious persuasion as that of a girl produced before a Magistrate under sub-section (1) of section 17 is willing to take charge of the girl and the Magistrate, Acting under sub-section (1) or sub-section (2) of that section, passes an order placing the girl in the safe custody of that person, such person shall execute before the Magistrate an undertaking in Form I.

(2) If the person in whose custody the girl is placed in no longer willing to fulfil the conditions of the undertaking, he may apply to the Magistrate for releasing him from the obligation to keep the girl in his custody.


S.5 Detention of woman or girl in protective homes.--

Where, in pursuance of sub-section (2) of section 10, or sub-section (2) of section 17, or sub-section (2) of section 19, a Magistrate passes an order directing that a woman or girl be detained in a protective home, a warrant of detention in Form II shall be prepared in duplicate and shall be forwarded to the Superintendent of the protective home who shall retain one copy and return the other to the Magistrate after making an endorsement therein that the woman or girl referred to in the warrant has been duly in his charge.


S.6 Notification of residence etc., by convicted offenders.--

(1) A convicted offender who has been ordered by the court under section 11 to notify his residence or any change of, or absence from, such residence shall, immediately after his release, report himself to the police officer having jurisdiction over his place of residence and shall also leave his correct address with such police officer. Thereafter, he shall report himself to such police officer once in every month till the expiry of the period for which he is required to notify his residence.

(2) When any such officer intends to change his place of residence, he shall intimate his intention to the police officer having jurisdiction over his place of residence and also furnish him the correct address of the intended place of residence. In every such case, the police officer shall send to the police officer having jurisdiction over the new place of residence a report of the intended change of residence together with full particulars of the convicted offender.

(3) As soo

S.7 Licensing of protective homes.--

(1) Application for a licence under section 21 (3) shall be made in Form III to the Government;

(2) On receipt of an application for a licence, the Government shall cause full and complete investigation to be made through an officer or authority appointed in this behalf before issuing the licence. The said officer or authority before reporting on the application to the Government shall record the statements of the applicant or applicants and the special Police Officer appointed for the area. In addition, he may enquiries from such social welfare workers or respectable persons of the locality as he may deem necessary. The Government, if satisfied, that the applicant or applicants is or are fit person or persons to whom a licence may be granted, may grant a licence in form IV, which if granted will remain inforce for a period of one year;

(3) An application for the renewal of a licence shall be made in Form V at least thirty days before the date of its expiration. The li

S.8 Admission into protective homes.--

(1) On the admission of a woman or a girl into a protective home under the provisions of the Act, she shall be examined by the Superintendent, who shall record in the Inmates'-Register in Form VI the particulars required to be shown in that register.

(2) The woman or girl admitted into a protective home shall then be supplied with a new set of clothes and the clothes worn by her at the time of admission shall be destroyed, if they are in rages or in filthy and verminous condition. The clothing of every woman and girl to be detained for a period of two years or more shall, if they are not liable to be destroyed, be sold and the proceeds credited to the personal account of the woman or girl. In all other cases, the clothings of a woman or girl shall be returned to the parents, guardians or relatives of the woman or girl and if it is not possible to do so, shall be washed , tied up in a bundle and stored and returned to the woman or girl on her discharge. She shall also be given

S.9 Admission of children accompanying inmates into protective homes.--

(1) A child below seven years of age in the care of its mother who is detained or ordered to be kept in the protective home may also be admitted to the home along with her, if it cannot be placed with its relatives or otherwise properly provided for. If any question arises as to whether a child is below seven years of age or not, such question shall be determined by the Superintendent in consultation with the Medical Officer of the Home.

(2) A child born in the home after the admission of the inmate into the protective home may remain with her.

(3) No child shall be kept in the protective home if it has completed the age of seven years. On a child completing such age, the Superintendent shall intimate the fact to the Chief Inspector with a view to his making arrangements, if possible, to place the child with its relatives.

(4) A child kept in the protective home shall be allowed such diet and clothing as the medical officer attached to the protective home may th

S.10 History ticket.--

A record hereinafter referred to as history ticket shall be maintained in respect of each inmate in Form IX.


S.11 Medical examination.--

Every inmate shall be medically examined and weighed once in every month and the result of such examination and weighment shall be recorded in the history ticket of the inmate. A statement in form X shall be submitted before the 10th of every month to the Chief Inspector showing the weighment statistics of the protective home. A weighment register shall be maintained in each home in Form IX.


S.12 Strength establishment of protective homes.--

(1) The strength of the establishment including medical officer of each protective home, whether established or licenced by the government, shall be determined by the Government from time to time in consultation with the Chief Inspector. The Government, in consultation with the Chief Inspector, may also assign duties to them. Necessary arrangements for medical aid of the inmates shall be made by the Government in consultation with Chief Inspector.

(2) Any person employed in a protective home licensed by the Government shall be appointed, removed or dismissed from service by the Chief Inspector.

(3) The Government reserve the right of abolishing any committee appointed by the Government for the management of a protective home.


S.13 Superintendents.--

The Superintendent shall generally be responsible for the observance of all rules and orders, the supervision of the subordinate staff and the maintenance of discipline among the inmates. He/she shall, in his/her own hand-writing, maintain an office journal in which shall be recorded daily, every occurrence of importance connected with the management of the homes, which is not otherwise disposed of in the registers of correspondence and which it is desirable to note for future guidance. The journal shall be forwarded to the chief Inspector at the end of each month, who shall immediately return it after perusal with such remarks as he/she may consider necessary.


S.14 Duties of Superintendents.--

The following duties, in addition to other duties assigned by the Government from time to time, appertain to the Superintendents:--

(i) the Superintendent shall be in charge of general supervision and sanitation of the home and the health of inmates:

(ii) the Superintendent shall be responsible for the discipline of the subordinate staff:

(iii) the Superintendent shall be in charge of maintaining general accounts, disbursing bills, custody of jewellery, cash and other belongings of the inmates:

(iv) the Superintendent shall be in charge of office correspondence, interviews with visitors and showing them round the home;

(v) the Superintendent shall arrange meetings of the Board of visitors and submit immediately the reports of the meeting to the chief Inspector;

(vi) the Superintendent shall make surprise inspection of provision stores at least once a month, shall visit the home at uncertain hours and check that every things is in order;
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S.15 Weekly Inspections.--

(1) On one morning in every week, which shall usually be Monday, the Superintendent shall hold an inspection parade of all the inmates at which the Medical Officer shall also be present. At each such parade, the Superintendent shall satisfy himself/herself --

(a) that every inmate is provided with proper clothing and bedding;

(b) that they are clean and tidy; and

(c) that the rules and orders applicable to inmates are being duly carried out. A parade book shall be maintained in each Home in Form XU-(2) The Superintendent shall, at every such parade, hear and enquire in to any complaints and requests that the inmates may wish to make. It shall be his/her duty to hear the complaints and requests of inmates patiently and to afford them reasonable facilities for making such complaints and requests;

(3) Nothing in this rule shall debar any inmate from making a complaint or request to the Superintendent at other times than at the weekly parade, and it shall be

S.16 Documents to be kept in the personal custody of the Superintendent.--

The following documents shall be kept in the personal custody of the Superintendent.

(a) Contract agreement bonds.

(b) Contractors' and subordinates' security deposit receipts or Post Office Savings Bank Account Books and Post Office cash certificates.

(c) Personal files, service books and character rolls of the staff.


S.17 Previous sanction required to leave station by Superintendents.--

Without the written sanction of the Chief Inspector, the Superintendent shall, on no account, absent himself/herself from the station.


S.18 Office order book.--

The Superintendent shall maintain an order book for the protective home in which he/she shall record all standing orders issued to his/her subordinates from time to time. He/She shall by an order allot the various duties to his/her subordinates and may, by a subsequent order, vary such allotments.


S.19 Duties of the Medical Officers of Protective Home.--

(1) In addition to such other duties as may be assigned to the Medical Officer of a protective home by the Government from time to time in consultation with the Chief Inspector, the Medical Officer shall visit the protective home every day except on Sundays and other holidays; on Sundays and holidays also when necessary, He/She shall attend to the health and cleanliness of the inmates, the treatment of the sick, the sanitation of the protective home, general inspection and supervision of food and all other matters connected directly or indirectly with the health of the staff and inmates of the home;

(2) On each visit to the protective home, the Medical Officer shall enter his/her remarks in the register in Form XIII.

(3) The Medical officer shall accompany the Chief Inspector during his/her inspection of the protective home.

(4) During the absence of the Superintendent on short leave (other than casual leave) or during a vacancy in the post of the Superintendent

S.20 Educational and vocational training of the inmates of protective homes.--

(1) Provision may be made for general education in all protective homes. Besides general education, each protective home shall, as far as possible, provide for the vocational training of the inmates, the wishes of each inmate being consulted, as far as possible, as to particular training she shall undergo. Suitable employment, which shall include house work, sewing, weaving, spinning and the like may be provided. All courses of training shall be approved by the Chief Inspector.

(2) Teachers shall be engaged for imparting general education and instructors appointed for giving vocational training to the inmates. In an emergency, the Superintendent may direct such teachers and instructors to attend to executive or administrative duties.


S.21 Daily routine of Protective Home.--

The following daily routine shall be observed in the protective homes.--

I Scale of diet.
S. No
Name of article
Quantity per head per day

1. Rice 16 oz
2. Green gram 2 oz
3. Vegetables 8 oz
4. Mutton 4 oz (on Sundays)
5. Fish 2 oz (two days a week)
6. Onions 1/2 oz
7. Tamarind 1/4 oz
8. Chillies 4 drams

S.22 Diet of inmates in protective homes.--

All inmates of a protective home shall have diet in accordance with the following scale and instructions:--

<
I Scale of diet.
S. No
Name of article
Quantity per head per day

1. Rice 16 oz
2. Green gram 2 oz
3. Vegetables 8 oz
4. Mutton 4 oz (on Sundays)
5. Fish 2 oz (two days a week)
6. Onions 1/2 oz
7. Tamarind 1/4 oz
8. Chillies

S.23 Supply of clothing etc. to inmates of protective homes:--

(1) Each inmate shall be supplied with a steel box, an unbreakable plate, tumpler and a mirror.

(2) Clothing and bedding to inmates shall be supplied on the following scale:--


Name of articles
Scale of supply per head

Sarees .. 2 on admission and one every six months.
Blouses .. 2 on admission and one every four months.
Petticoats .. do.
Bodice .. do.
Mundoos .. One on admission and one every six months.
Towels .. Two on admission and one every six months.
Grass or leaf mat

.. One on admission and renewal every year.

Or

S.24 Living space for inmates of protective homes.--

Every inmate shall have a separate bed with a floor space of not less than 8' x 5' per bed. A place shall be allotted for every inmate in the dormitory.


S.25 Religious and moral instruction.--

(1) The protective homes shall not be used as a means of fostering any one religion at the expense of others and the principle of secularism shall be maintained strictly.

(2) Religious and moral instructions to inmates of protective homes shall be allowed on condition that no proselytising is carried on under the clock of such instruction and that nothing is done to take the inmates away from the religion professed by them. The instruction may be in the form of prayer, worship and occasional bhajans with music.

(3) The Superintendent shall endeavour to secure the services of honorary instructors: and in their absence, the senior members of the staff, preferably the teachers, shall be deputed to impart religious and moral instruction to the inmates of their own faith at least once a week.

(4) Selection of religious and moral instructors shall be made by the Chief Inspector in consultation with the Collector of the District in which the home is situated.

(5

S.26 Libraries for protective homes.--

Every protective home shall be provided with a library of suitable books with a catalogue. The choice of books shall be made by the Superintendent and approved by the Chief Inspector, who will be responsible for the suitability of the books chosen.


S.27 Attendance of the inmates of protective homes before Police or Magistrate.--

Any inmate whose attendance is required before the police or before a court shall be permitted to leave the protective home for the purpose, only on receipt of a written requisition signed by a police officer not below the rank of a Deputy Superintendent of police or of a summons issued by the court of competent jurisdiction. The inmate shall in such cases be accompanied by the Superintendent or by any other member of the staff considered suitable by the Superintendent.


S.28 Escape and recapture of inmates of protective homes.--

(1) The Superintendent shall give immediate notice of the escape or recapture of any inmate of the home to--(a) the Chief Inspector,

(b) the nearest police station, and

(c) The District Magistrate.

(2) On receipt of a notice of escape under sub-rule (1), the Officer-in-charge of the Police Station shall take necessary steps to recapture the inmate and to bring her back to the home from which she escaped.


S.29 Death of inmates of protective homes.--

In case of death of any of the inmates the Superintendent shall immediately report the circumstances of the case of the nearest Magistrate. Copies of the report shall also be sent to the Chief Inspector, and to the parents or guardians or relatives, as the case may be, of the inmate.


S.30 Transfer of inmates.--

(1) The Chief Inspector may for any of the following reasons, to be recorded in writing, order the transfer of an inmate detained in a protective home to any other protective home:--

(a) when the transfer is for the welfare of the inmate or is in the interest of discipline;

(b) when there is no accommodation in the protective home; or (c) for any other special reasons.

(2) The Superintendent shall, before effecting such transfer, satisfy himself/ herself that the inmate to be transferred is in a fit state of health to undergo the transfer.

(3) The inmate shall be escorted by a woman employer of the protective home considered suitable for the purpose by the Superintendent of the home. The Superintendent may, if necessary take the assistance of the Special

Police Officer of the area;

(4) All the records and personal property if any, relating to the inmate transferred shall be handed over to the escort to be delivered to the Superintendent of t

S.31 Visits to and communications with the inmates of protective home.--

(1) No inmate shall be allowed to see visitors or receive letters without the express permission of the Superintendent and no male visitor shall be permitted to interview any of the inmates except in the presence of the superintendent or any other member of the staff of the home so authorised by the Superintendent in this behalf.

(2) Every inmate newly admitted to a protective home shall be allowed reasonable facilities for seeing or communicating with her relatives, friends or legal advisers with a view to the preparation of an appeal.

(3) Parents and guardians may visit inmates of a protective home on Saturdays and Sundays between 4 p. m. and 6 p. m. For very urgent reasons, visitors may be allowed on other days and at other times with the special permission of the Superintendent. The privilege of receiving visitors may be refused on the orders of the Superintendent as a punishment for misconduct by the inmate, or if it is used to introduce any prohibited article int

S.32 Permission to inmates to absent themselves for short periods from protective homes.--

With the previous sanction of the Chief Inspector and in very special cases, the Superintendent may grant to any inmate leave of absence for a period not exceeding a week on the death of the parent or guardian or to visit the parent or guardian who is seriously ill. The Chief Inspector may extent the leave granted, by a period not exceeding two weeks. The leave granted may at any time be cancelled without assigning any reasons and the inmate recalled.


S.33 Discipline and punishment.--

(1) The following acts are forbidden in a protective home and every inmate who willfully commits any of them shall be deemed to have willfully disobeyed the regulations of the protective home-(a) quarrelling with any other inmate,

(b) any assault or use of criminal force,

(c) use insulting, obscene or threatening language,

(d) immoral or indecent or disorderly behaviour,

(e) wilfully disabling herself for labour,

(f) contumaciously refusing to work,

(g) wilful idleness and negligence at work,

(h) wilful damage to the Home property,

(i) wilful mismanagement of work,

(j) tempering with or defacing history tickets, records, documents or tools,

(k) receiving, possessing or transferring any prohibited article,

(l) feigning illness,

(m) willfully bringing a false accusation against any officer or inmate,

(n) omitting or refusing to report, as soon as it comes to her knowledge, the occurrence of any

S.34 Prohibited articles.--

Liquor, intoxicating drugs including opium and ganja shall be prohibited articles and shall not be introduced, received, possessed or transferred in the protective home.


S.35 Treatment of mental cases.--

When an inmate of a protective home is sent to a Government Mental Hospital for observation or treatment, action shall be taken by the Superintendent under section 6 (2) of the Indian Lunacy Act, 1912 (4 of 1912) for obtaining reception orders. An inmate who is taken to the Government Mental Hospital with such reception order shall be heated as a "Civil patient".


S.36 Removal to Civil hospitals for treatment.--

(1) Whenever the Medical Officer of a protective home considers it necessary to remove an inmate to a Civil Hospital for treatment as an indoor patient, he shall draw up a full statement of the case and forward the same to the Superintendent, who shall forthwith cause the inmate concerned to be sent to the hospital temporarily.

(2) The inmate shall immediately proceed under escort to the Hospital and present herself to the Officer Incharge of the Hospital.

(3) The inmate shall be an indoor patient in the Hospital and shall not leave it until formally discharged therefrom.

(4) The authorities of the Hospital shall give intimation to the Superintendent concerned before discharging the inmate from the Hospital. On receipt of intimation, the Superintendent shall arrange for an escort to fetch the inmate. The railway warrant, subsistence allowance bus or other fare and any other allowances necessary for the inmate and the escort shall be given to the escort so arrang

S.37 Period spent in hospital.--

When an inmate is sent to a Government Mental Hospital or as an indoor patient to a Civil Hospital, the period spent by her in such Hospitals and in going there and return therefrom shall be deemed to be part of the period of her detention or stay in the protective home.


S.38 Discharge of inmates of protective homes.--

(1) The Government may at any time order an inmate or a protective home to be discharged either absolutely or on such conditions as they approve. In the event of a breach of any such conditions, the inmate shall be liable to be arrested and brought back to the Home.

(2) The Superintendent shall at the end of each month prepare a statement of inmates who have to be discharged in the subsequent month and read out the statement to the inmates.

(3) On the day of discharge, the inmate's state of health shall be recorded by the Superintendent in the Inmates' Register. He/She shall compare the entries in the warrant of committal with those in the Register and shall satisfy himself/herself that they agree and that the term of the inmate has been duly served. He/She shall then sign the endorsement for discharge on the warrant, certifying to the due expiry of the term. The belongings of the inmate shall be handed over to her and the details recorded in the appropriate column in

S.39 Marriage of inmates of protective homes.--

(1) The Superintendent, may if possible, arrange for the marriage of an Inmate with a man of her own religion provided that her previous consent in writing and that of her parent or guardian, if she has not attained the age of 18 years, is obtained and provided that no monetary consideration is accepted from the person to whom the inmate is married or from any person interested in him. In case there is no parent or guardian living, the consent of the nearest relation should be obtained. The wishes of the inmate shall in every case be considered.

(2) No such marriage shall be performed without the permission of the District Magistrate.


S.40 Chief Inspector of Protective Homes:--

(1) The Government shall appoint a Chief Inspector for all the Protective Homes in the State.

(2) Among other duties assigned to him by the Government from time to time, the following duties shall appertain to the Chief Inspector:-

(a) he/she shall superintend and control the working of the Suppression of Immoral Traffic in Women and Girls Kerala Rules 1958.

(b) he/she shall have general control over the staff in all Protective Homes in the State.

(c) he/she shall inspect all Protective Homes whether established or licensed by the Government, at least once a year and submit his/ her inspection reports to the Government.


S.41 Board of visitors.--

(1) The government may appoint for any local area a Board of Visitors to visit once a month the Protective Homes situated within such local area and to comment and advise on matters affecting the administration of such Protective Homes.

(2) The Government may appoint to a Board Visitors to work as its members such officials and non-officials as it may deem necessary, the total number being not less than 3 and not more than 7, one of whom shall be nominated as President. Non official members may include experienced social welfare workers, particularly women social welfare workers in the filed of suppression of immoral traffic in women and girls.

(3) A non-official member shall hold office for 2 years from the date of his/her appointment and shall be eligible for re-appointment.

(4) It shall be the duty of the Board:

(a) to enquire into and see that the arrangements in the Protective Homes are proper in all respects.

(b) to examine the medical admiss

S.42 Visitors' book.--

The Superintendent shall cause a Visitors' Book to be maintained at the Protective Home. A copy of the remarks of a visitor recorded in the Visitors' Book shall submitted by the Superintendent to the Chief Inspector soon after the remarks are recorded by the visitor.


S.43 Annual returns.--

The Superintendent shall submit to the Chief Inspector a report on the administration of his/her Protective Home for the previous year, not later than the 15th May of each year. The report shall contain in addition to the salient features in the working of the Home, information regarding the number of inmates admitted, their health, cases of hospitalisation, punishments awarded, number of inmates discharged etc. The Chief Inspector shall send annually to Government in the first week of July each year a report on the working of these rules together with his remarks, if any.


S.44

In addition to the registers mentioned in the foregoing rules the following registers shall also be maintained in each Home.

(a) Aftercare Register in Form XXII.

(b) Individuals' Saving Register in Form XXIII

(c) Permanent Advance Register in Form XIV (where permanent advance is sanctioned).


S.45

The accounts of the Home shall be liable to be audited annually by the Examiner of Local Fund Accounts.


S.46 Punishment for breach of Rules.--

Any person who commits a breach of Rule 7 or 34 of these Rules, shall, on conviction by a Magistrate, be punishable with fine which may extent to two hundred and fifty rupees.


S.Form I

Form I
Form of Undertaking
(See Rule 4)
In the Court of the
Magistrate

I....................of...........do hereby declare that I am willing to take charge of.......aged..................under the orders of the Court, subject to the following terms and conditions.

(i) I shall do my best for the welfare of the girl as long as she remains in my charge and shall make proper provision for her maintenance.

(ii) If the girl's conduct is unsatisfactory. I shall at once inform the Court.

(iii) In the event of the girl’s illness, she shall have proper medical attention in the nearest hospital.

(iv) The girl shall be free to follow the observances of her own religion.

(v) I undertake to pro

S.Form II

Form II

(See Rule 5)

Warrant of commitment to a protective home

In the Court of

To the Superintendent of the Protective Home at

Whereas particulars of whom are furnished below has been ordered by me to be detained in a protective home for a period of............. from ...........to........... under sub-section (2) of Section 10/sub-section (2) of Section 17/sub-section (2) of Section 19 of the Suppression of Immoral Traffic in Women and Girls Act, 1956, (104 of 1956).

This is to authorise and require you the said Superintendent to receive the said........... ..into your custody together with this warrant and there to detain her for the period referred to above in accordance with the Suppression of Immoral Traffic in Wome

S.Empowering the Additional First Class Magistrate

Notifications

I

Empowering the Additional First Class Magistrate,

Kozhikode to exercise jurisdiction under the Act.
Section 2(c)

In the exercise of the powers conferred by clause (c) of Section 2 of the Suppression of Immoral Traffic in women and Girls Act, 1956 (Central Act 104 of 1956), the Government of Kerala hereby specially empower the Additional First Class Magistrate, Kozhikode, to exercise jurisdiction under the said Act.

1.Notification No. G.O.Rt.3080/Home dt.24/10/1958 published in the G. dt. 04/11/1958 P.I. p. 3284.


S.Appointing Assistant Superintendents and Deputy Superintendents of Police

II
Appointing Assistant Superintendents and Deputy Superintendents of Police as Special Officers under the Act
[Section 13 (1)]

Under section 13(1) of the Suppression of Immoral Traffic in Women and Girls Act 1956 (104 of 1956) the Government of Kerala hereby appoint the Assistant Superintendents of Police and the Deputy Superintendents of Police as Special Police Officers under the said Act for dealing with offences under the same Act in the areas under their respective jurisdictions.

II. Notification No. G. O. (Ms) 951/Home (B) dt. 02/08/1958 published in K. G. dt. 05/08/1958 P.l. p. 2425


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