EXTRAORDINARY Daman 20" June, 2013, 30 Jyaistha 1935 (Saka) * : 20 No.
O F F I C I A L G A Z E T T E d n d mFm7 Gorentmatt of India U.T. ADMINISTRATION OF DAMAN & DIU I r m w r r n ~ PUBLISHED BY AUTHORITY U T Administration of Daman & Diu .
Department of Panchayati Raj Institution ~ o t i ' ~ a r n a n NOTIFICATION whereas, the draft 'Daman and Dlu Electlon of Upa-Sarpanch of Gram Panchayat and President and Vice President of District Panchayat, Ruls, 2013" were published by Union Territory of Daman and Diu thmgh the Department of Panchayati Raj Institubion Notifiation N a 4/21/SPL-SEC(PRI)/2012- 13/7122 'dated 2310312013 published in Official Gazette Extraordina~y No, 07 dated 23' March, 2013.
And Whereas, objections and suggestions received in respect of the said draR Rules, have been duly cxlnsidered.
And therefore, in exercise of the powers conferred by sub-section (1) of section 121 of the Daman and Diu Panchayat Regulation, 2012 (No. 4 of 2012), the Administrator, Union Territory of Daman and Diu is phased to make the following rules :
CHAPTER - f PREUMINARY 1, Short title and commencement : (1) These rules may be called the Daman and Diu Election of Upa-Sarpanch of a Gram Panchayat and President and Vice-President of Distriid Panchayat, Rules, 2013.
(2) These Rules shall come into force from the date of publication in the Official Gazette ad Daman & Diu.
2. Definitions:
(i) "Clear days" means days exclusive of the day of issue of a notice or intimation, the day of the meeting, and any gazetted holiday or Sunday. -
(ii) "Elected Member of District Panchayat" means the pemn whose name has k e n published In the Omclal Gazette as an elected member of the District Pandtayat by the Election Commission;
r n 0 R D I N A R Y No. : 20 - DATED : 2 0 ~ JUNE, 2013.
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(iii) "Elected Member of Gram Panchayat" means the person whose name has i 1 'b 8 been published in the Official Gazette as an elected member of the Gram -4 Panchayat b? the Election Commission;
0 ~ ) " Election Commission" means the Election Commission for Union Territory of Daman and Diu referred to in sub-section-(1) of section-99 of the Regulation;
(v) "Form" mems a form appended to these Rules;
(vi) "Order" means an order published in OficiaI Gazette;
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(vii) "President" means the President of District Panchayat;
(viii) "Presiding Officer", means:
(a) In case of election of Upa-Sarpanch of a Gram Panchayat, the person I nominated by the Administrator to preside over the meeting to be held I for election of the Upa-Sarpanch, but shall not have the right to vote in I such meeting; I
(b) In case of election of the President or Vice-President of the District b I I ' Panchayat, the person nominated by the Secretary Panchayat to preside I over the meeting to be held for election of the President or Vice- President as the case may be, but shall not have the right to vote in such meting;
(ix) "Regulation" means the Darnan and Diu Panchayat Regulation, 201 2; I
(x) "Secretary' Fanchayat" means the Secretary incharge of the Department of Panchayati Raj in the Union Territory of Daman and Diu;
(xi) "Upa-Sarpanch" means the Upa-Sarpanch. of a Gram Panchayat ; I (xi i) "Vice-President" means the Vice-President of District Panchayat. I * Words and expressions used, but not defined in t h ~ s order, shall have the meaning respectively assigned to them in the Regulation, , C , gj DATED : 2oM JUNE, 2013.
u CHAPTER -][I t" ELECTION OF UPA-SARPANCH OF A GRAM PANCHAYAT
3. Rqght to Vote: All the elected members of the Gram Panchayat shall have a right to vote for the election of Upa-Sarpanch.
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4. Qualifications for Ups-Sarpanch of Gram Panchayat.
I & A person shall not be qualified ta be elected as the Upa-Sarpanch of the Gram Pmchayat, unless he is an elected member of the Gram Panchayat.
5. Convening of Meeting for Election.
(!J The Adminisirator shall fix a date for convening the meeting of the Gram Panchayat for election of Upa-Sarpanch
(2) The meeting shall be presided over by an officer appointed by the Administrator, by an order published in the Official Gazette.
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6. NGltice for Election:
(Q The Presiding Officer shall issue a notice to all the elected members of the Gram I Panchayat in Form-I for election of Upa-Sarpanch .
I (2) A copy of such notice shall be exhibited on the notice board of the Panchayat Office I (3) The notice shall be delivered at least three clear days before the date of meeting and shall indicate the date, time, place and purpose for calhg the meeting.
(4) Every notice issue shall, if practicable, be served personally by delivering or I tendering it to the member to whom it is addressed or, if such person is not found, leaving it at hidher last known place of residence by giving or tendering the notice to some adult member of hidher family. If none of the aforesaid modes of sewing notice is feasible, the notice shall be affixed on some conspicuous part of the building in which the member ordinarily resides, EXTRAORDINARY No, : 20 DATED : 20M JUNE, 2013.
( 5 ) The said notice shall state:-
(a) The place and date on which and the hours between which the nomination papers shall be filled.
(b) The place and date on which and the hours between which the nomination papers will be taken up for scrutiny.
(c) The place arid the date on which and the hours between which validly nominated candidate may withdraw his candidature; and
(d) The place and date on which and the hours between which the votes of the member will be taken should there be a poll.
7. Procedure for Election of Upa-Sarpanch.
( I ) Not less than two hours before the time fixed for the meeting for the election of Upa- Sarpanch, any klected member of the Gram Panchayat who has right to vote under Kule 3 of this order may nominate, by nomination paper in Form-II, any other nlember for election as Upa-Sarpanch and deliver it to the Presiding Officer.
The nomination paper shall be signed by W e r and by another e1ect~d member as seconder. It shall also show the willingness of the Candidate to serve as Upa- Sal-panch, if elected. No member shall be allowed to propose or second more than one candidate as Upa4arpanch:
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(2) Iin~nediately after thz time for receipt of nomination paper is over the Presiding I 1 Officer shall cause to be published a list in the form prescribed in Form TI-A containing the names of the candidates whose games have been received under the I 1 preceding sub-rule (1 ;l above.
(3) The Presiding Officer shall then scrutinize the nomination papers delivered to him I I under the provisions of rule 4 and shall thereafter cause to publish a Iist containing - 1 I the names of the candidates in Form-B who in his opinion, have been duly vaIidly nominated together with the names of their proposers and seconders.
p i K E K 7 - 1 DATED : 2oTH JUNE, 7013.
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(4) A candidate may withdraw hisher candidature by giving notice to this effect to the + . # < Presiding Officer, not less than one hour before the time fixed for the meeting for the election of Upa-Sarpanch.
(3 The Presiding Oflicer shall immediately after the expiry of time 'limit fixed for withdrawal of candidature cause to publish a list containing the names of the contesting candidates in Form 11-C and affix a copy of it on the notice board of Gram I Panchayat .
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(6) If only one candidate has been validly nominated for the ofice of the Upa-Sarpanch of the Gram Panchayat, the Presiding Officer shall declare hidher to, have been elected as Upa-Sarpanch of the Gram Panchayat.
(7) If more than one candidate have been validly nominated for the office of the Upa- Sarpanch of Gram Panchayat, the Presiding Officer shall proceed with the election of Upa-Sarpanch of the Gram Panchayat.
(8) (a) For the purpose of sub-rule (7) the Presiding Officer shall cause the ballot paper to be prepared in Form XI-D.
-4 @) The names of the contesting candidates shall be arranged on the ballot paper in the alphabetical order determined with reference to the surname of the candidates havin,g surname and the names proper of other candidates. The particular in the ballot paper and alphabetical order to be followed shall be in English.
8. Manner of Voting:
(i) Each ballot paper shall contain the names of validly nominated candidates for the post of Upa-Sarpanch .
(ii) Each elected member of the Gram Panchayat shall record his/ her vote on the ballot b paper by ticking (4 against the name of candidate to whom he /she wish to give + Hisher vote. The ballot paper shall be signed with'name by the elected member. 'The C ballot paper shall also have the details of Ward from where hdshe is elected.
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(iii) Each elected nlember shall insert the ballot paper so marked into a box kept for this purpose at the place of such election.
7 -1 DATED : 2p JUNE, 2013.
10. Postponement of meeting:- If at a meeting called for the election of a Upa--Sqanch of the Gram Panchayat, the election is not conducted for any reason whatsoever, the Presiding Officer shall have the power to call the meeting on my other day;
Provided that the Presiding Officer shall intimate as soon as possible, the reasons for postponement and the next date fixed for the purpose to the Administrator and Secretary Panchayat .
11. Declaration of name of the elected person as Upa-Sarpanch Gram panthayat:
hnmediately after the completion of the election, the Presiding Officer shdl fix on the;
~otice board of the Gram Panchayat concerned, a notice in Form-HI signed by him declaring the name of person elected as Upa-Sarpanch and send a copy of such notice to t5e Administrator and Secretary Pmchayat .
12. Publication of results. The Secretary Panchayat shall, as soon as possible, publish in the Official Gazette the names of the Upa-Sarpanch of Gram Panchayat when so elected.
EXTRAORDINARY No. : 20 DATED : 2 0 ~ JUNE, 2013.
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CHAPTER -llI ELECTION OF PWSIDENT AND VICEPRESIDENT A - OF DISTRICT PANCJ3AYAT 13, Right to Vote: All the elected members of the District Panchayat shall have a right to 1 I vote for the election of Pnsident or Vice-President of District Panchayat, or both as the case may be. d *
14. Qualifications for President and Vice-President of District Panchayat.
(1) A person shall not be qualified to be elected as the President of the District Panchayat, unless he is an elected member of the District Panchayat. In case, such post is reserved for Scheduled Castes or Scheduled Tribes according to the roster or reservation maintained, such person should be a member of the Scheduled Castes or the Scheduled Tribes of the Union Territory of Daman and Diu, as the case may be.
(2) A person slall not be qualified to be elected as the Vice-president of the x District Panchayat unless he is an elected member of the District Pancha yat .
15. Resewation of the OfXice of the President, District Panchayat. The Ofice of the I President, District Panchayat, shall be reserved for he Schedule Castes and the Schedule Tribes of the Union Territory according to a roster of reservation maintained as referxed to in sub section-5 of Section-61 of the Regulation. I
Provided that ?he ofice of the President shall be reserved for a woman in every 4 second term.
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1 ERRAORDINARY No. : 20 DATED : 20Tn JUNE, 2013.
16. Convening of Meeting for Election.
(I) T h e Secretary Panchayat shall fix a date for convening the meeting of the District Panchayat for election of President or Vice-President, or both as the case may be.
( 2 ) The meeting shall be presided over by an officer appointed by the Secretary Panchayat.
17. Notice for Election:
jl) The Presiding Officer shall issue a notice to all the elected members of the District Panchayat in Form-IV for election of President or Vice-President, or both, as the case may be .
Q) A copy of such notice shall be exhibited on the notice board of the District Panchayat.
(3) The notice shall be delivered at least three clear days before the date of meeting and shall indicate the date, time, place and purpose for calling the meeting.
($1 Every notice issue shall, if practicable, be served persanally by delivering or tendering it to the member to whom it is addressed or, if such person is not found, leaving it at hisher last known place of residence by giving or tendering the notice to some adult member of hisher family. If none of the aforesaid modes of serving notice is feasible, the notice shall be affixed on some conspicuous part of the building ' in which the member ordinarily resides.
(3 The said notice shall state:-
(a) The place and date on which and the hours between which the nomination papers shall be filled.
(b) The place and date on which and the hours between which the'nomination papers will be taken up for scrutiny.
(c) The place and the date on which and the hours between which validly nominated candidate may withdraw his candidature; and
(d) The place and date on which and the hours between which the wotes of the member will be taken should there be a poll.
p izmxr l DATED : 2oTH JUNE, 2013.
18. Procedure for Election of President and Vice-President,
(1) Not less than two h a m before the time fixed for the meeting for the election of President or Vice-president, or both as the case may be, any elected member of a District Panchayat who has right to vote under Rule 13 of this order may nominate, by nomination paper in Form-V, any other member for election as President ox Vice President and deliver it to the Presiding Officer.
The nomination paper shall be signed by himher and by another elected member as seconder. It shall also show the willingness of the Candidate to serve as President or Vice-P~esident as the case may be, if elected. No member shall be allowed to propose or second more than one candidate as President or Vice- President, as the cast may be:
Provided that the Presiding Officer may dispense with the condition of nomination paper to be signed by a seconder for reasons to be recorded in writing to give effect to & reservation for the office of President provided under the Regulation.
(2) lnlmediately after the time for receipt of nomination paper is over the Presiding Officer shall cause to be published a list in the form prescribed in Form V-A containing the names of the candidates whose names have been received under sub-rule (1) above.
(3) A candidate may withdraw hisher candidature by giving notice to h s effect to the Presiding Oficer, not less than one hour before the time fixed for the meeting for the election of lhsident or Vice-President as the case may be.
(4) Tile hesiding Officer shall then scrutinize the nomination papers delivered to him lulder the provisims of rule 14 and shall thereafter cause to publish a list containing the names of the candidates in Form V-B who in his opinion, have been duly validly nominated together with the names of their proposers and seconders.
DATED : 2 0 ~ JUNE, 2013.
(5) If only one candidate has been validly nominated for the office of the President ).\ or Vice-president of the District Panchayat, as the case may be, the Presiding Officer shall declare him to have been elected as President or Vice- President of the District Panchayat, as the case may be.
(6) If more than one candidate have been validly nominated for the office of the h President or Vice-president of District Panchayat, the Presiding Officer sMl proceed with the election sf President or Vice-President of the District Panchayat. -
(7) (a) For the purpose of sub-rule (6) the Presiding Officer shall cause the ballot.
paper to be prepared in Form V-C.
(b) The names of the contesting candidates shall be arranged on the ballot paper in the alphabetical order determined with reference .to the swmme of the candidates having surname and the names proper of other candidates. The particular in the ballot paper and alphabetical order to be followed shall be in English.
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19. Manner of Voting:
(i) Each ballot paper shall contain the names of validly nominated candidates for the post of President or Vice-President as the case may be .
(ii) If the election for the President or Vice-President are held simultaneously separate ballot paper shall be used for each post.
[iii) Each elected member of the District Panchayat shall record his1 her vote on the ballot paper by t i c h g (4 against the name of candidate to whom he /she wish to give hidher vote. The baIlot paper shall be signed with name by the elected member.
The ballot paper shall also have the details of Ward horn where helshe is elected.
(iv) Each elected member shall insert the ballot paper so marked into a box kept for ths purpose at the place of such election.
1 DATED : 2oM JUNE, 2013.
(v) The paper used for voting shall not be destroyed until further orders of the Secretary Panchayat.
(vi) (a) An elected member who has inadvertently dealt with hidher ballot paper in such manner that it c m t be conveniently used as a ballot papers, may return it to the Presiding Officer and on satisfpg such Authority of the inadvertence, obtain another ballot paper, and the ballot paper so returned shall be marked "spoiltfcanceHed" by the Presiding Officer.
(b) All ballot papers cancelled under clause (a) shall be kept in a separate packetlcover.
(vii) If the elected member is illiterate or, owing to blindness, is unable to mark on the baIIot paper, the Praiding Oficer shall record the vote on the ballot gaper in accordance with the wishes of the voter and obtain hidher thumb impression on the ballot paper.
(viii) The Presiding Officer shall count the votes with the help of such other persons as he may appoint, in the presence of the elected members.
(ix) The Presidmg Officer shall reject any paper:-
(a) which is unmarked;
(b) which has marks inconsistent with these d e s ;
( c) the marking on which is uncertain.
20. The candidate who obtains the highest number of votes shall be declared by the Presiding Officer to have been duly elected as President or Vice-President of the District Panchayat, as the case may be. In the case of equality of votes, the result of the election shall be decided by lots drawn in the presence of the Presiding Officer in such manner as he may determine.
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21. Postponement of meeting:- If at a meeting called for the election of a President or I Vice-President of the District Panchayat, the election is not conducted for any reason whatsoever, the Presiding Officer shall have the power to call the meeting on any other day;
I 'Provided that the Presiding Officer shall intimate as soon as possible, the reasons for k postponement and the next date fixed for the purpose to the Secretq Panchayat.
22. Declaration of name of the elected person as President or Vice-President of District ;
L ' t Panehayat. Immediately after the completion of the election, the Presiding Officer shall . .
1 affix on the notice board of the District Panchayat concerned, a notice in Form-VI signed I by him declaring the name of person elected as president or Vice-President, as the case may be, andsend a copy of such notice to the Secretary Panchayat.
23. Publication of results. The Secretary Panchayat shall, as soon as possible, publish in the I Official Gazette the names of the President or the Vice-president when so elected.
I' " CHAPTER - IV Repeal and Savings
24. As from the date of commencement of these Rules, the Darnan and Diu (Pmchayats) (Election of Chairman,. Vice-chairman, President-Cum-Chief' Councillor and Vice- President-cum-Councillor) Rules, 1 995 will stand repealed:
Provided that 'such repeal shall not affect any provision in those rules which is not inconsistent with,"the provisions of the Regulation or these Rules, unless and until that provision is superseded by any law.
On behalf of the Administrator of Union Territory of Damaa & Diu and Dadr & Nagar Haveli 7 No. 4Rl~/(PRI)IELEC.P,VP/20 13/47 Dated : 26910612013.
1 DATED : 2oM JUNE, 2013.
FORM -1 [See rule 6(1)] Notice for election of Upa-Sarpanch of Gram ~anchayat of In pursuance of sub- rule (1) of rule 6 of the Daman. & Diu Election of Upa- Sarpanch of a Gram Panchayat and President and Vice President of District Panchayat, Rules,20 13, I, + Presiding OEcer do hereby give notice Llat a meeting of Gram Panchayat to be held on [date] at Fours] at I$Iacej to elect the Upa-Sarpanch under section 17 of the Daman and Diu Panchayat
(1) Nomination paper may be delivered to the undersigned ~t the Iplace] between ( ) a.m./p.m. to ( ) a.m./p.m.
on the day of meeting.
(2) Nomination paper will be taken up for Scrutiny on the, same day between ( ) a.rn./p,m. & ( >a.m.lp.m. at [place]
(3) Notice of withdrawal of candidature may be delivered either by a candidate or his proposer (duly authorized by the candidate) to me at [place] before ( )a.m./ p.m. on the same day.
(4) In the event of the election being contested, the poll wilI be taken on the same day at ( ) a.m./p,m. at blacel Presiding Officer Place Date i 1 DATED : 2oTH JUNEl 2013;
FORM -Il [See rule 7(1)] Form of nomination paper for election for the Office of ........................... Upa-Sarpanch of Gram Panchayat 1 Name of Panchayat
2. Name in full of the candidate
3. NarneofWardfromwhichthecandidatehad been elected
4. Name of the proposer
5. Name of Ward from which the proposer had been elected or name of Village Panchayat of which the proposer is the Chairman
6. Name in full of seconder
7. Name of Ward from which the seconder had been elected or name of Village Panchayat of which the seconder is the Chairman Place:. ..................
Date : ...................
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Signature of proposer ....................................
Signature of seconder DECLARATION I hereby declare that I agree to the iomination and am willing to serve as Upa-Sqanch.
Place:. ...............
Date:.:. ..............
..........................................
Signature of caddate r * Strike out which is not applicable.
MTRAORDINARY No. : 20 DATED : 2oTH JUNE, 2013.
FORM IX-A [See Rule 7 (2)] List of candidates proposed for nomination of election as Upa-Sarpanch of Gram Panchay at Sr, No. Name of Candidate Name of Proposer Name of Seconder
1.
Date:
Place:
Signature of the Presiding Officer r n 0 R D I N A R Y No, : 20 DATED : 20" JUNE, 2013, FORM II-I3 [See Rule 7(3)] kist of candidates vd idy nominated for election as Upa-Sarpmch of Garm Panchayat Sr. No. Name of Candidate Remarks (h any 1 Date:
Place:
Signature of the Presiding Officer I MTRAORDINARY No. : 20 1 DATED : 2 0 ~ JUNE, 2013.
FORM 11-C [See Rule 7(5) ] List of contesting candidates for election as Upa-Sarpanch of Gram Panchayat Sr. No. Name of Candidate Remarks (if my) Date :
Place:
Signature of the Presiding Officer -1 DATED : 2 0 ~ JUNE, 2013.
FORM H-D [See Rule 7(8) (a)] Ballot Paper Hection to the Upa-Sarpanch of.
Gram Pichayat.
Signature and seal of The Presiding Officer.
Sr. No. Name of Candidate For Mark ( 4 ) by voter Signature Name of SarpanchlMernber Ward Number FORM-In [See rule 1 1 j 4 In pursuance of rule 11 of the Daman and Diu Election of Upa-Sarpanch of Gram Panchayat and President and Vice-President of District Panchayat, Rules, 201 3, I hereby declare that the persons whose names are given in column (I ) of the Schedule below has been duly elected for the office mentioned in column (2) against his name for the Panchayat mentioned in Column (3) of the said Schedule, namely:-
SCHEDULE Place: ....................
Date: ...................
Name of Panchayat to which office relates
(3) Name of person
(1) I I ....................................
Presiding Officer Office to which elected
(2) I EXTRAORDINARY No. : 20 1 I DATED : 2 0 ~ JUNE, 2013.
FORM-IV [See Rule 17(1)] Notice for election of President or Vice-President of District Panchayat, Daman and Diu In pursuance of sub- rule (I) of rule 17 of the Daman & Diu Election of Upa- Sarpanch of a Gram Panchayat and President and Vice President of District Panchayat, Rules,20 1 3, I, Presiding Officer do hereby give notice that a meeting - of District Panchayat to be held on [date] at Fours] at [PI ace] to elect the Presidenflice President under section 61 of Dman and Diu Panchayat
(1) Nomination paper may be delivered to the undersigned at the Cplaee] between ( ) a.m./p.m. to ( > am.lp.m.
on the day of meeting.
(2 ) Nomination paper will be taken up for scrutiny on the same day between ( ) a.rn./p.m. & ( ) a.m.1p.m. at Cplace]
(3) Notice of withdrawal of candidatwe may be delivered either by a candidate or his proposer (duly authorized by the candidate) to me at Lplace] before ( ) a.m.1p.m. on the same day.
(4) In the event of the ele-ction being contested, the pall .will be taken on the same day at ( ) a.m./p.m. at .Iplace] Presiding Officer Place Date FORM V-A [See Rule 18 (211 ]I DATED : 2orn JUNE, 2013.
List of candidates proposed for nomination of election as PresidentNice-President of District-Panchayat Sr. No. Name of Candidate Name of Proposer Name of Secondw Date:
Place:
Signature of the Presiding Officer r n O R D I N A R Y No. : 20 DATED : 2oTH JUNE, 2013, FORM V-B [See Rule 18 (411 List of candidates validly nominated for election as Presidenflice- preside^ of District Panchayat Sr. No. Name of Candidate Remarks (if any) Date:
Place:
-- - Signature of the Presidmg Oficer KIRAORDINARY' No. : 20 DATED : 2 0 ~ JUNE, 2013.
FORM V-C [See Rule 1 8 (7)(a)] Ballot Paper Election to the PresidentNice-President of District Panchayat Date: Signature and seal: of The Presiding Oficer.
Sr. No. Name of Candidate For Mark ( 4 ) by voter Signature Name of Elected Member Ward No.
I DClRAORDINARY No. : 20 1 ~DAED :-20Tn JUNE, 2013. 1 Presiding OBcer DATED : 2oTn IUNE, 2013.
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