Trade Marks Act, 1999

Section - 1 - Short title, extent and commencement

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Section - 2 - Definitions and interpretation

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Section - 3 - Appointment of Registrar and other officers

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Section - 4 - Power of Registrar to withdraw or transfer cases, etc

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Section - 5 - Trade marks registry and offices thereof

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Section - 6 - The register of trade marks

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Section - 7 - Classification of goods and services

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Section - 8 - Publication of alphabetical index

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Section - 9 - Absolute grounds for refusal of registration

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Section - 10 - Limitation as to colour

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Section - 11 - Relative grounds for refusal of registration

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Section - 12 - Registration in the case of honest concurrent use, etc.

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Section - 12A - Qualifications, terms and conditions of service of Chairperson, and Member

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Section - 13 - Prohibition of registration of names of chemical elements or international non- proprietary names

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Section - 14 - Use of names and representations of living persons or persons recently dead

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Section - 15 - Registration of parts of trade marks and of trade marks as a series

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Section - 16 - Registration of trade marks as associated trade marks

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Section - 17 - Effect of registration of parts of a mark

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Section - 18 - Application for registration

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Section - 19 - Withdrawal of acceptance

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Section - 20 - Advertisement of application

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Section - 21 - Opposition to registration

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Section - 22 - Correction and amendment

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Section - 23 - Registration

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Section - 24 - Jointly owned trade marks

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Section - 25 - Duration, renewal, removal and restoration of registration

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Section - 26 - Effect of removal from register for failure to pay fee for renewal

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Section - 27 - No action for infringement of unregistered trade mark

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Section - 28 - Rights conferred by registration

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Section - 29 - Infringement of registered trade marks

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Section - 30 - Limits on effect of registered trade mark

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Section - 31 - Registration to be prima facie evidence of validity

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Section - 32 - Protection of registration on ground of distinctiveness in certain cases

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Section - 33 - Effect of acquiescence

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Section - 34 - Saving for vested rights

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Section - 35 - Saving for use of name, address or description of goods or services

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Section - 36 - Saving for words used as name or description of an article or substance or service

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Section - 36A - Application of Act in case of international registration under Madrid Protocol

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Section - 36B - Definitions

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Section - 36C - Trade Marks Registry to deal with international applications

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Section - 36D - International application originating from India

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Section - 36E - International registrations where India has been designated

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Section - 36F - Effects of international registration

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Section - 36G - Duration and renewal of international registration

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Section - 37 - Power of registered proprietor to assign and give receipts

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Section - 38 - Assignability and transmissibility of registered trade marks

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Section - 39 - Assignability and transmissibility of unregistered trade marks

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Section - 40 - Restriction on assignment or transmission where multiple exclusive rights would be created

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Section - 41 - Restriction on assignment or transmission when exclusive rights would be created in different parts of India

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Section - 42 - Conditions for assignment otherwise than in connection with the goodwill of a business

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Section - 43 - Assignability and transmissibility of certification trade marks

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Section - 44 - Assignability and transmissibility or associated trade marks

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Section - 45 - Registration of assignments and transmissions

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Section - 46 - Proposed use oftrade mark by company to be formed, etc.

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Section - 47 - Removal from register and imposition of limitations on ground of non-use

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Section - 48 - Registered users

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Section - 49 - Registration as registered user

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Section - 50 - Power of Registrar for variation or cancellation of registration as registered user

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Section - 51 - Power of Registrar to call for information relating to agreement in respect of registered users

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Section - 52 - Right of registered user to take proceedings against infringement

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Section - 53 - No right of permitted user to take proceeding against infringement

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Section - 54 - Registered user not to have right of assignment or transmission

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Section - 55 - Use of one of associated or substantially identical trade marks equivalent to use of another

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Section - 56 - Use of trade mark for export trade and use when form of trade connection changes

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Section - 57 - Power to cancel or vary registration and to rectify the register

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Section - 58 - Correction of register

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Section - 59 - Alteration of registered trade marks

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Section - 60 - Adaptation of entries in register to amended or substituted classification of goods or services

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Section - 61 - Special provisions for collective marks

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Section - 62 - Collective mark not to be misleading as to character or significance

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Section - 63 - Application to be accompanied by regulations governing use of collective marks

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Section - 64 - Acceptance of application and regulations by Registrar

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Section - 65 - Regulations to be open to inspection

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Section - 66 - Amendment of regulations

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Section - 67 - Infringement proceeding by registered proprietor of collective mark

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Section - 68 - Additional grounds for removal of registration of collective mark

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Section - 69 - Certain provisions of this Act not applicable to certification trade marks

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Section - 70 - Registration of certification trade marks

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Section - 71 - Applications for registration of certification trade marks

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Section - 72 - Consideration of application for registration by the Registrar

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Section - 73 - Opposition to registration of certification trade marks

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Section - 74 - Filing of regulations governing the use of a certification trade mark

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Section - 75 - Infringement of certification trade marks

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Section - 76 - Acts not constituting infringement of certification trade marks

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Section - 77 - Cancellation or varying of registration of certification trade marks

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Section - 78 - Rights conferred by registration of certification trade marks

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Section - 79 to 82 - [Omitted by the Trade Marks (Amendment) Act, 2010, w.e.f. 8-7-2013]

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Section - 83 - [***]

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Section - 84 - [***]

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Section - 85 - [***]

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Section - 86 - [***]

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Section - 87 - [***]

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Section - 88 - [***]

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Section - 89 - [***]

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Section - 89A - [***]

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Section - 90 - [***]

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Section - 91 - Appeals to High Court

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Section - 92 - [***]

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Section - 93 - [***]

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Section - 94 - Bar to appear before Registrar

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Section - 95 - [***]

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Section - 96 - [***]

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Section - 97 - Procedure for application for rectification, etc., before High Court

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Section - 98 - Appearance of Registrar in legal proceedings

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Section - 99 - [***]

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Section - 100 - [***]

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Section - 101 - Meaning of applying trade marks and trade descriptions

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Section - 102 - Falsifying and falsely applying trade marks

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Section - 103 - Penalty for applying false trade marks, trade descriptions, etc

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Section - 104 - Penalty for selling goods or providing services to which false trade mark or false trade description is applied

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Section - 105 - Enhanced penalty on second or subsequent conviction

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Section - 106 - Penalty for removing piece goods, etc., contrary to section 81

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Section - 107 - Penalty for falsely representing a trade mark as registered

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Section - 108 - Penalty for improperly describing a place of business as connected with the Trade Marks Office

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Section - 109 - Penalty for falsification of entries in the register

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Section - 110 - No offenc

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Section - 111 - Forfeiture of goods

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Section - 112 - Exemption of certain persons employed in ordinary course of business

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Section - 112A - Adjudication of penalties

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Section - 112B - Appeal

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Section - 113 - Procedure where invalidity of registration is pleaded by the accused

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Section - 114 - Offences by companies

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Section - 115 - Cognizance of certain offences and the powers of police officer for search and seizure

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Section - 116 - Evidence of origin of goods imported by sea

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Section - 117 - Costs of defence or prosecution

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Section - 118 - Limitation of prosecution

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Section - 119 - Information as to commission of offence

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Section - 120 - Punishment of abetment in India of acts done out of India

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Section - 121 - Instructions of Central Government as to permissible variation to be observed by criminal courts

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Section - 122 - Protection of action taken in good faith

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Section - 123 - Certain persons to be public servants

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Section - 124 - Stay of proceedings where the validity of registration of the trade mark is questioned, etc.

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Section - 125 - Application for rectification of register to be made to High Court in certain cases

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Section - 126 - Implied warranty on sale of marked goods

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Section - 127 - Powers of Registrar

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Section - 128 - Exercise of discretionary power by Registrar

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Section - 129 - Evidence before Registrar

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Section - 130 - Death of party to a proceeding

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Section - 131 - Extension of time

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Section - 132 - Abandonment

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Section - 133 - Preliminary advice by the Registrar as to distinctiveness

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Section - 134 - Suit for infringement, etc., to be instituted before District Court

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Section - 135 - Relief in suits for infringement or for passing off

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Section - 136 - Registered user to be impleaded in certain proceedings

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Section - 137 - Evidence of entries in register, etc., and things done by the Registrar

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Section - 138 - Registrar and other officers not compellable to produce register, etc

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Section - 139 - Power to require goods to show indication of origin

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Section - 140 - Power to require information of imported goods bearing false trademarks

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Section - 141 - Certificate of validity

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Section - 142 - Groundless threats of legal proceedings

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Section - 143 - Address for service

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Section - 144 - Trade usages, etc., to be taken into consideration

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Section - 145 - Agents

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Section - 146 - Marks registered by an agent or representative without authority

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Section - 147 - Indexes

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Section - 148 - Documents open to public inspection

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Section - 149 - Reports of Registrar to be placed before Parliament

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Section - 150 - Fees and surcharge

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Section - 151 - Savings in respect of certain matters in Chapter XII

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Section - 152 - Declaration as to ownership of trade mark not registrable under the Registration Act, 1908

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Section - 153 - Government to be bound

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Section - 154 - Special provisions relating to applications for registration from citizens of convention countries

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Section - 155 - Provision as to reciprocity

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Section - 156 - Power of Central Government to remove difficulties

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Section - 157 - Power to make rules

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Section - 158 - Amendments

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Section - 159 - Repeal and savings

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SCH - THE SCHEDULE

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