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Law 161 of 1958
Agrarian reform law
I. No person shall have more than:
1- in irrigated lands:
A 15 fifteen hectares in the Ghouta area.
B 20 twenty hectares in the Sahel region.
C 25 twenty-five hectares in area Batiha and related accessories.
D 40 in the rest of forty hectares of irrigated land comfortable.
E 50 fifty hectares in irrigated land to be lifted up in any mode of the rivers Euphrates and Tigris and Habur.
55 (f) Fifty-five hectares in land irrigated by water from the wells in the governorates of Hasaka, Deir ez-Zor and Raqqa.
forty-five hectares in the rest of the land irrigated by lift.
2- in the rain-fed land wooded with olives and pistachios:
A 35 thirty-five hectares in the province of Latakia.
B 40 forty hectares in the rest of the provinces.
Provided that the age of these trees has exceeded ten years.
Calculated per acre at least ten trees If fewer trees than the percentage mentioned the number of acres wooded calculated by the number of trees divided by ten.
In the case of Omar trees ranged between 5 and 10 years becomes a space / 45 / forty-five hectares in Latakia and / 50 / fifty hectares in the province, the rest of the provinces.
3- in rainfed land:
A 80 eighty hectares in areas where rainfall is more than 500 mm.
120 (b) one hundred and twenty hectares in areas where rainfall of between 350 mm and 500 mm.
C 200 hundred hectares in areas where rainfall is less than 350 mm, or the equivalent of these ratios from all these previous species and raise this space to 300 hundred hectares in the provinces of Hasaka, Deir ez-Zor and Raqqa.
Leaves the owner when grabbing beyond the upper limit of its territory the right to choose the part you desire of every kind that he is entitled to the Foundation of Agrarian Reform to appoint retain the owner if required by the distribution or the interest of the beneficiaries
Second identifies areas Ghouta and the coast and Batiha and related accessories and areas referred to in item / 3 / definitive decision is not subject to any means of recourse issued by the Council of Agrarian Reform Foundation.
III is intended to land irrigated land irrigated by ease or lift whether lifting of groundwater and surface water or springs and rivers.
Irrigated area intended estimates in this law firm Bmordaa of water to grow a summer crop on the basis of three-quarters of a liter per second per hectare from the wells and a half liters of water per second from other waters.
IV Without prejudice to the legislation in force in respect of irrigation is the rule in the land irrigated land that is available for a fixed resource from the river even though were not really tell when the issuance of this law to the extent permitted by the disposal of the supplier of the amount of water on the basis of half liters of water per hectare per second.
Adding to limit provided for in the first article.
Owner has the right to assign each of his wives and children, equivalent to only 8% eight percent of the space that has the right to keep them.
Meant boys mentioned in the previous article:
A neighborhood boy on the issuance of this law.
B born before the passage / 300 / day from the date this law.
C branches of the boy who died before the decision to seize the land. But they share their father or their mother.
Each contract violates this law shall be void and may not be registered.
Seize the state during the next ten years to the date this law beyond the upper limit set out in Articles I and II and is considered the owner of the land seized by the state the specific decision final grab from the date of decision of the initial seizure and it becomes the property free of the all the rights in rem, signals and attachments to the rights of tenants every dispute between stakeholders to navigate due compensation for seized land are separated by the competent authorities.
• The rest of the list owner of Agriculture on the ground and the fruits of the trees until the end of the agricultural year that the seizure has been through it.
• and the owner to improve the exploitation of agricultural land until the completion of taking it.
Does not count in the application of this law:
A- actions of the owner or mortgage that has not been proven histories official enrollment before the effective date of this law.
B actions owner to branches and wives and husbands of these branches and the actions of the branches and their spouses, and their branches and landed couples, whether those acts registered or not in the land registry or ownership books when these behaviors were not fixed date before 01.01.1950 and seize State of the total property beyond the upper limit provided for in this law beginner including kept it the original owner in possession then what had acted for persons above-mentioned both by space disposed to him, and the spaces remaining, which was the owner is entitled to keep them out of the property disposed them, remain ownership disposed to them.
All without harming the rights of others they received from the two stationary behavior of official restrictions before the effective date of this law.
(C) what might happen since this Law fragmentation due to inheritance and wills of agricultural land owned by one person, and take over the state in this case ownership beyond the upper limit provided for in this law in the face of the heirs or legatees after the inheritance tax are met.
Contrary to the provisions of Article I of the Act:
A- Any joint stock companies and cooperative societies to have more than the upper limit set by the land that cultivate it to sell, according to existing laws and regulations.
(B) may be industrial companies that existed before the implementation of this law that tracts of agricultural land has more than the upper limit if it is necessary for industrial exploitation.
C- scientific agricultural associations to have an area of agricultural land more than the upper limit if necessary to achieve its objectives.
D. Charity in may at the time of this law to own agricultural land more than the upper limit, and the state is right to take over in excess of the upper limit during the ten years of space that the Assembly gives the compensation provided for in Article (10) in cash .
E creditor may after the present law, to possess more than the upper limit of the reason for the increase was the expropriation of a debtor or anchoring a public auction on the creditor. The State after one year from the date of berthing auction to take over the extra space for the upper limit of the price, which was awarded by auction or for the compensation provided for in Article 10 of this Act, whichever is less. As an exception to this rule when removing creditor ownership of arable land that has already disposed of in accordance with the provisions of Article VIII of the Act, the government seizes them invaluable berthing auction or for the compensation provided for in Article (9) of this Act, whichever is less.
Starting from the first January of 1959 until the start of the growing season following the date of the actual seizure of owners of agricultural land to fund agrarian reform institution leads what exceed the upper limit of their ownership as set out in Articles I and II of the Act, rather than benefit estimated three-quarters of the average allowance rent, which is calculated in according with the provisions of the following article and may deduct the whole of this allowance or part of the compensation payable to the owner.
The excess land which will include the provisions of this Legislative Decree after the implementation of the provisions of Articles I and II of it, is either use them instead of the specified nose of the first years in January 1964.
Gets instead use mentioned in the deadlines prescribed by the Regulations and shall have the same rank as the franchise scheduled for taxes and gets administrative means.
And the owner who stated in the first paragraph must notify the authority prescribed by the Regulations within three months from the date this law and in the month of January of each year, by agricultural land owned or have a share in the benefit. If such notification is not submitted on time or submitted false information intent to evade the performance rather than use shall be subject to a fine equivalent to five times what is lost to the Treasury or what was lost them because of it as well as compel the performance benefit allowance spend a fine committee stipulated in Article / 19 /.
Have for anyone who captured the state at home and in accordance with the provisions of Article I entitled to compensation calculated the compensation on the basis of ten times the average, rather than lease land for agricultural cycle not exceeding three years, or the share of the owner thereof, and determines the compensation by the initial committees make up in each province's decision the Minister of agrarian reform of the judge from the Ministry of Justice, and agronomist from the Ministry of agrarian reform and civil engineer of the Ministry of public Works, and in all cases may not be the owner referred to share in this article exceed the percentages determined by the Agricultural relations Act No. 134, which for the year 1958. || |
Entitled to his compensation objection before the commissions stipulated in Article / 19 / of this law within one month from the date of notification committees determine compensation decisions of the administrative way and final of these decisions become only after the ratification of the Board of Directors and the Council to give it back to those committees to re consideration and if the Commission insisted on its earlier decision was for the Council to take the decision that would see it.
Lead compensation bonds on the state interest rate is 1.5% consumed during forty years and these bonds with a nominal and may not be disposed of until that persons of Arab nationality (Syrian diameter) and accept performed in diameter Syrian who earned the state the first time or from his heirs in fulfillment land price Agricultural purchased from the state in taxes on the performance of the agricultural land, if any, in the inheritance tax performance.
Identifies regulatory decree consumption of these bonds dates and terms and conditions of circulation at the suggestion of a committee of the Council of the Agrarian Reform Foundation and the Governor of the Central Bank of Syria.
The value of seized and accessories belonging to the non-landowners are paid to the owners within a period of ten years from the effective date of the seizure.
A. If the land seized by the state saddled with a mortgage or the right or the jurisdiction of the State has a franchise to replace the debtor in principal and interest secured this right in whole or in part, that replaced them by bonds, with the interest rate not to exceed 7%.
(B) if the agricultural land owner who captured the state at home owe a debt-knotted before working the agrarian reform law, this was a religion fixed date for individuals and companies, or installed in the banking restrictions for banks operating in the territory of the Syrian Arab Republic is permissible for the state to replace debtor in debt in whole or in part and interest that does not exceed the interest rate (7%) and all this not on the following conditions:
1- to be the debt of individuals and companies tied up in the land of the owner and the construction based upon or in the machinery and tools seized.
be granted agricultural banks for the purposes of debt and replaced these amounts bonds on the state.
(C) apply to the bonds set forth in the two preceding paragraphs, the provisions of the first paragraph of Article / 10 / to be consumed within ten years. It can shorten this period by a decision of the Council of the Agrarian Reform Foundation if the amount of debt does not exceed fifty thousand Syrian pounds.
D solve the state the debtor's place in the cases provided for in paragraphs a, b at the request of a creditor or the debtor is a decision of the Board of Directors, in each case includes the case of an answer demand estimate principal and interest, which replace the two state replace the debtor on the basis of to an investigation by the agrarian reform Foundation, and a preliminary estimate of the compensation that they deserve the owner seized at home, that this initial estimate on the final estimate provided for in Article / 9 / does not affect If exceeded the amount of the debt and interest estimated owner compensation initial estimate was given creditor or creditors part of their debts and benefits and in accordance with procedures organized by the list issued by the Council of the agrarian reform Foundation begins to pay attribution as of the date of the board's decision.
E deduct the value of the bonds set forth in this Article of the compensation that they deserve the owner does not distract him from it any amount before consumption.
F lead bond-mentioned value at maturity of the funds of Agrarian Reform Foundation or earmarked appropriations in the budget for this purpose, and when you do not coexist lead of ready treasury funds being exchange in accordance with arrangements to be agreed upon between the Treasury and the Foundation of Agrarian Reform.
(G) is not entitled to creditors referred to in paragraphs a, b of this article claim debtors debt that has befallen the country where the place of debtors.
Confine seized spaces in each village may be when absolutely necessary assemble these spaces by seizing land interspersed with compensation to the owners of this land and other lands.
while maintaining the acquired rights of former beneficiaries distribute seized land in every village peasants so that each of them have a small ownership does not exceed / 8 / eight hectares of irrigated land or wooded nor / 30 / thirty hectares in the rain-fed lands that rainfall increases in all / 350 / mm nor / 45 / forty-five hectares of rain-fed land in less than average rainfall for the / 350 / mm or the equivalent of these percentages of each type.
Second: Whoever it is distributed upon the earth:
1- to be enjoying his Arab nationality (Syrian diameter) of age.
to be his profession agriculture or pregnant agricultural certificate or members of Bedouin covered preparation programs.
3- not be the owner of other agricultural land so that if added to the distributed land not exceeding the upper limit for a whole provided for in this Article.
III have priority in the distribution in the following order:
A farmer who actually cultivated the land, whether a tenant farmer, her mother there.
B agricultural worker.
(C) of the family is more and less money from the people of the village and then admits to is the people of the village.
1- estimated price of land distributed by a quarter compensation assessed by the state in order to grab the lead in equal annual installments in over twenty years to the cooperative fund for use in agricultural projects and business first and then social that are beneficial to the members of the Assembly.
2- relieved beneficiaries of the seizure and distribution space and administration expenses and fines and benefits of ownership premiums that have not been collected.
3- registered land distributed on behalf of the beneficiary in the property records as soon as a request from the Agrarian Reform Foundation.
Implement the provisions of this law, a public institution with legal personality and financial and administrative independence, called Foundation (agrarian reform) this institution and attached to the Presidency and the issue organized by the decision of the President of the Republic without being bound by the rules and regulations of the government in the financial and administrative aspects and personnel.
Holds this institution seizure and distribution operations and management of land seized them to be distributed and the fact that her guidance and supervision of the associations Cooperation Agrarian Reform also have a connection to the parties competent on the implementation of the provisions of this law.
And have for this institution board of directors and an executive committee to be formed by a presidential decree.
Deposited cash funds of the Foundation at the Central Bank of Syria and augmented by subsidies performed by the State to cover the budgets of the institution, and is provided back-up budget money on her that the institution accounts are subject to the supervision of the Office of subsequent accounting by the special provisions.
Council of Agrarian Reform Foundation issued the necessary explanations to the provisions of this law to ratify the decisions of the President of the Republic considers these decisions explanation legislatively binding and published in the Official Gazette.
Executive Committee of the Foundation of Agrarian Reform constitute sub-committees conducting operations to seize and inventory of land seized and collected when appropriate and distribution. And regulated by the Minister of Agrarian Reform how to form these committees and regulate relations between them and the Executive Committee and the procedures and conditions to be followed in the seizure operations and assess the facilities of fixed and non-fixed plant and tree value and the liquidation of emerging ties between the ancient and the new owners on the one hand and investors on the other hand, what must be taken measures to cope with the transition and distribution.
Landlords implementation Tnazlathm set forth in Article II of the Law No. 161 of 1958 amended and recorded in real estate ownership records or books within a period not exceeding six months starting from the date of notification of the applicant should be the implementation and registration of abdication.
Seizes agrarian reform on the ceded territory, which has not recorded in those records during the period mentioned institution.
Shall constitute the decision of the Minister of Agrarian Reform of the judicial commission or more, headed by a judge named by the Minister of Justice and the membership of the staff of the first episode, one of the General Directorate of the interests of the estate and the second on Agrarian Reform Foundation and determines the domestic jurisdiction of each of these committees by the Minister of Agrarian Reform.
B specializes in these committees issues and legal disputes, including urgent ones when they are related to the following matters:
1- issues and disputes arising from the implementation of this law, especially with regard to the ownership of agricultural land seized or be subject to seizure in according to data provided by the owners in application of this law and determine ownership and distribution of seized land and investigate the data and debt real estate.
2- issues and disputes located on public property invested agriculturally or that could be invested or agricultural land state property, whether registered or not, or the right to dispose of land princely and free and permissible or waste lands and all that if the disputed area exceeds thirty hectares of whatever kind .
(C) are excluded from the terms of reference of the judicial committees provided for in paragraph 2 above issues and disputes that are originally from the jurisdiction of the selection, editing and optimization real estate commissions beauty and remove the common judges.
D refrain on the courts to consider the issues and conflicts that are specific to the judicial committees.
Shall not be considered final decisions of the judicial committees until after the ratification of the Council of Agrarian Reform Foundation in respect of the provisions of the first paragraph of item (b) the former, and a higher committee composed of three judges at the resumption of at least adviser with respect to the provisions of the second paragraph of item (b) it called this Committee by the board of agrarian reform Foundation at the suggestion of the Minister of Justice and approval of the Supreme Judicial Council.
(B) of the Governing Council have the right to build on the proposal of the Minister of Agrarian Reform and for reasons of public interest are assessed by him to take considering the ratification of the provisions that is up ratification of the Higher Committee.
(C) The Higher Committee to decide on provisions before it within six months from the date of receipt to file the lawsuit.
(D) of the Governing Council, or the author of the Committee in according the foregoing provisions if an opinion not to ratify the Judiciary Committee's decision to Ieidah need to consider the issue again in the light of remarks If the Judicial Commission insisted on the previous opinion the Board may or committee entrusted to its competence in the ratification to take a decision the objective that they want is their decision and concluded this is not subject to any means of recourse.
A special judicial courts refer all the issues that have become the prerogative of the judicial committees to these committees and give up on the issues that have become the jurisdiction of the ordinary courts and refer it to the references immediately.
B and disputes the issues that separated the judiciary and judicial committees and special courts before the issuance of this legislative decree is subject to ratification in accordance with the foregoing provisions.
Prevents all acting owner of the land in rainfed areas that will benefit during the ten years of public irrigation projects larger than the upper limit of the irrigated lands provided for in this Legislative Decree to act or create any right in rem (except the mortgage ACB) on what outreach referred to the upper limit.
Designate these areas decree issued by the Council of Ministers upon the proposal of the Board of Agrarian Reform Foundation.
Land to those who received the outcome of the beneficiaries of the debt-free and rights of tenants is recorded as the owner without fees or taxes.
And the person to whom the land that farmed and do in its due diligence and if fails to do so or breach of any substantial commitment to another required by law or the distribution of the decision of the Executive Committee of the Foundation of Agrarian Reform issued a decision to cancel land distribution it and recover from it and terminate the registration in the records Real Estate, based on the investigations conducted by the committees formed by the Minister of agrarian reform and the right to beneficiary objection within a period of thirty days from the date of notification of the decision to the Council of agrarian reform, which separates the objection definitive decision is subject to appeal or for a stay of execution or claim any compensation from the virus Foundation.
Lawsuits that challenge the discrimination on the basis of Law No. / 3 / dated 20/02/1962 repealed to the competent authority for ratification in according with the provisions of Article / 12 / of this decree with the exception of what has already been ratified them by the Board of Agrarian Reform Foundation returned.
Individuals may after the implementation of the provisions of this law to possess more than the upper limit if the cause of agricultural property inheritance and the state seizes the excess space in exchange for the compensation provided for in Article 10 if the owner did not act to increase during the year from the date of possession or work history this law, whichever is longer, and under the conditions provided for in articles 9.14 of this law.
May not settle the owner who takes advantage of the provisions of Articles I and II of this Legislative Decree with respect to land seized if it has been distributed or leased to farmers or has been their access to them and moves right to the owner to compensation stipulated in Article / 9 / of the law put / 161 / for the year 1958.
I. the owner is entitled to keep it or inherited from beyond the upper limit of the rain-fed land in the following cases:
1- If the trees of the rain-fed land after the application of this law.
2- If the land rain-fed to irrigated water wells prior approval of the Agrarian Reform Foundation.
Second: If the land rain-fed turned into irrigated Bastvadtha river water land or irrigation projects undertaken by the state the owner is entitled to keep the upper limit of the irrigated lands that were not may Hjrt and seizes beyond the upper limit of the irrigated lands in accordance with the provisions of Articles I and II.
III separates Council of Agrarian Reform Foundation to consider the land is wooded or forested final decision is subject to appeal.
IV all tempted to change the owner on irrigated land previously after the present law evasion from the application of its provisions shall be void.
Rent premiums of ownership, fines and interest and other expenses of the updated user does not respond to the provisions of Law No. / 161/1958 before the issuance of this Legislative Decree really is an acquired institution of agrarian reform.
Offers each owner within three months from the date this law a written statement signed him and attested by official reference includes the following data:
1- what is owned by the Authorized agricultural land registered in the Land Registry or different ownership records.
2- inheritance shares obtained have not been transferred to his name in the real estate records.
3- territory convict him under judicial decisions have become final gained has not been recorded in the real estate records, under the decisions had not yet acquired become final.
4- other land is registered and which claims to dispose of them. Remember that these numbers include real estate, location and the type of cultivation and the area of each category of them.
Eligible sub-committees to request the owners of their names provide such data directly to it, and the owners to submit this data within two months from the date of notification, and all the land owner did not mention in the statement mentioned him in this article is the owner relinquishing it and be the property of the state without Compensation.
If it appears to the Foundation of Agrarian Reform that the beneficial owner of the provisions of the Decree Law / 266/1959 became not covered by the provisions of the Agrarian Reform Law or decreased property covered by the seizure because he benefited from the provisions of this Legislative Decree and found that the estimated compensation initial or final least recognition debt, which replaced the state in which replaces the debtor owner becomes this solutions void the right of every religion is not offset by compensation or exceed the amount of the estimated compensation for the land, which has been subject to takeover and then the creditor is entitled to prosecute the debtor owner religion which decomposed state of the commitment by virtue of that legislative Decree.
Provisions of this law initially applied to registered land in various real estate records and ownership restrictions.
The land, which was issued or issued registration acquired judicial rulings become final Veraay upon the following provisions:
A. For rulings by the issuance of this law was transferred to real estate records requires a the owner to ask implemented in the Land Registry within a period of two months from the date of issuance of this law at the most.
(B) The provisions that are issued after the issuance of this law must be registered within one month from the date of acquisition have become final.
When you register the provisions mentioned in paragraphs (a) and (b) of this Article in the real estate records requires the owner of the referee to provide an indication owns in accordance with the provisions of this article with a statement of whether the provisions of this law was applied to the other his property, and the record Secretariat real estate to inform it within a week of submission of the statement to the subcommittee provided for in Article / 18 / of this law.
May Foundation of Agrarian Reform that the collective farm system applied in some areas that require it produced conditions. And it defines the scope and the system of management and investment of these farms by the Minister of Agrarian Reform.
I. may not be the beneficiary nor his heirs dispose of land distributed not create any right in rem them (except the mortgage ACB) Twenty years ago, after the registration of his name in the real estate records to get the approval of the agrarian reform institution after the expiry duration.
Nor may the expropriation of the land in settlement of a debt unless the religion of the state, or the agricultural cooperative bank.
Second for the state to expropriate the land for the public benefit in according to the law of the acquisition.
Contrary to all legislation in force significant actions of the owner, which has within the spaces that empowered him to 161 in 1958 before amended by this Legislative Decree retain both set records of seizure or did not specify how long were these behaviors occurred prior to the eighth of March 1963 and proved formal enrollment of history.
The behaviors that were made before the entry into force of Law 161 of 1958 shall be applied to the provisions of Article VI of it.
Council may Agrarian Reform Foundation may decide to keep part of the land seized for the implementation of projects or accommodation with the benefit of public facilities, according to need, or at the request of the institutions of government or other public bodies and interests.
The Board of Directors may postpone distribution in some areas if required by the interests of national production, the Committee may also sell individuals the price and the conditions that you see the land seized parts if required by the distribution or the interest of the national economy or any public utility conditions.
It may also be the Executive Committee of the Foundation of Agrarian Reform to replace parts of the seized lands and other lands, even if allowance in exchange for cash or in kind at the rate of the different value of allowances.
Canceled all contrary provisions of this legislative decree, in particular the following legislation:
Law No. 1- / 3 / dated 20/02/1962 Legislative Decree No. / 2 / dated 05.02.1962 from the date of their issuance.
2- Legislative Decree No. / 46 / dated 09/12/1962 on giving landlords in advance on financial compensation.
3- first article of Legislative Decree No. / 52 / dated 26/10/1961 on the reserve warranty from the Agrarian Reform Foundation for assigning agricultural financing for two angels covered by agrarian reform law.
4- Decree Law No. / 41 / dated 04/02/1959.
5. Legislative Decree No. / 20 / dated 29/10/1962.
Punished with imprisonment from ten days to three years:
Any person who works has the effect of nullifying the implementation of the provisions of the first article of this law, as well as confiscation of land price to be seized.
(B) each of the baptized owners of the land covered by the rule of law that degrades Madenha or weakens the soil or spoil Accessories intent to use them to miss time capture or intentionally violates the rule of the last paragraph of Article / 5 / as well as the confiscation of land price.
(C) both acting act violates Article VII knowingly.
(D) each of not providing the necessary data to the board of directors or executive committee or one of its committees in the legal time limit if it is intended to disable the provisions of this law.
(E) all of the delay in the implementation of judicial decisions provided for in Article / 24 / in specific periods.
(F) all of the qualities of non-agricultural land evasion of applying the provisions of this law.
Exempt from punishment, including confiscation every vendor or partner took the initiative on his own reference to act contrary to the law or to inform the competent authorities such violation warrant.
1- composed by law agricultural cooperative association of beneficiaries in each village and who do not have more than the upper limit stipulated in Article / 13 / of this law. By resolution of the agrarian reform institution create a single association for more than a village.
2- may Foundation agrarian reform to ensure that the cooperative societies or their members to the workforce or the ACB or corporate banks to repay or installations necessary for land investment agricultural tools values.
3- Cooperative Association legal provisions for cooperative associations and the provisions of the following materials are subject.
The Cooperative Association the following activities:
A- access to agricultural advances of various kinds, according to the needs of the land owned by members of the Assembly.
B D farmers with the necessary land use such as seeds, fertilizer, livestock, farm machinery and what it takes to save the crops and transfer.
(C) regulating the cultivation of the land and exploit the best possible manner, including seed selection and classification of crops and pest resistance construction of canals and drains, digging wells.
D sell major crops account for their members to be deducted from the price of crops premium price of the land and the taxes due and advances on agricultural and other debts.
(E) to perform all the other agricultural services required by the needs of members, as well as doing various social services.
Cooperative Association conducted their work under the supervision of an employee chosen by the Agrarian Reform Foundation, and may be supervised by the employee works more than one cooperative society.
Share of cooperative societies in the establishment of cooperatives and cooperative unions General in accordance with legal provisions for cooperative associations.
Issued Agrarian Reform Foundation decisions necessary for the organization of work of the aforementioned cooperative societies within the limits of the above provisions.
This law shall be published in the Official Gazette and in the Syrian territory from the date of publication.
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