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The Odisha Marine Fishing Regulation Act, 1981

Odisha · state statute
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REGISTERED N0. 0 —— 14
THE ORISSA MARINE FISHING REGULATION ACT, 1981
The Orissa Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
 
N0. 80 CUTTACK, MONDAY, JANUARY 23, 1984/IMAGHA 3, 1905
 
FOREST, FISHERIES & ANIMAL HUSBANDRY DEPARTMENT
NOTIFICATION
The 9th January 1984
N0.443—2Fy.—M—25/83-F.Y.A.H.—In exercise of the powers conferred by
subsection (3) of section 1 of the Orissa Marine Fishing Regulation Act, 1981 (Orissa
Act. 10 of 1982). the State Government do hereby appoint the first day of February,
1984 as the date on which the provisions of the said Act shall come into force.
By order of the Governor
V.CHHOTRAY
Additional Secretary to Government
Printed and Published by the Director, Printing, Stationery and Publication, Orissa,
Cuttack—IO.
Ex.Gaz.1524-2,2454 100
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THE ORISSA MARINE FISHING REGULATION ACT, 1981
TABLE OF CONTENTS
CHAPTER 1
Preliminary
PREAMBLE
SECTIONS
1.
2.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Short title, extent and commencement
Definitions
. Authorisation of Officers for the purpose of any provision of this Act
CHAPTER 11
Regulation of fishing
Power to regulate, restrict or prohibit certain matters within specified areas
Prohibition of use of fishing vessel in contravention of any order made under
section 4
Licensing of fishing vessels
Prohibition of fishing using fishing vessels which are not licensed
Cancellation, suSpension and amendment of licences
Registration of vessels
Information to be given to authorised officer about movement of fishing vessels
Returns to be furnished by owners of registered fishing vessels
Finality of orders under sections 6, 8 and 9
Appeals against orders refusing grant of licence, etc.
CHAPTER III
Penalties
Power to enter and search fishing vessels
Disposal of seized fish
Adjudication
Penalty
Constitution of Appellate Board and appeal to Appellate Board
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19. Revision by Appellate Board
20. Powers of adjudicating officer and the Appellate Board in relation to holding
enquiry under this Act.
21. Offences by Companies
CHAPTER IV
Miscellaneous
22. Exemptions
23. Protection of action taken in good faith
24. Power to make rules
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REGISTERED N0. 0.14
The Orissa Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
 
No.934 CUTTACK, TUESDAY, JUNE, 22, 1982/ASADHA1, 1904
LAW DEPARTMENT
NOTIFICATION
The 19th June 1982
No.9824. Legis.— The following Act of the Orissa Legislative Assembly having
been assented to by the Governor on the 15th June 1982, is hereby published for
general information.
ORISSA ACT 10 OF 1982
THE ORISSA MARINE FISHING REGULATION ACT, 1981
AN ACT TO PROVIDE FOR THE REGULATION OF FISHING
BY FISHING VESSELS IN THE SEA ALONG THE
COAST LINE OF THE STATE
BE it enacted by the Legislature of the State OfOrissa in the Thirty-third Year of
the Republic of India, as follows:—
CHAPTER 1
Preliminary
Short title, extent 1. (1) This Act may be called the Orissa Marine
and Fishing Regulation Act, 1982.
commencement.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force on such date as the
State Government may, by notification, appoint in that
behalf.
Definitions. 2. In this Act, unless the context otherwise requiresw
(a) "adjudicating officer" means any officer of
the F isheries Department, not below the rank
of an Assistant Director of Fisheries,
authorised by the Government by
notification, to exercise the powers conferred
on, and discharge the duties imposed upon,
an adjudicating officer by this Act for such
area as may be specified in the notification;
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110f1972
(b) "Appellate Board" means an Appellate
Board constituted under section 18;
(c) "authorised officer" means such officer as
the Government may, by notification,
authorise in reSpect 0f the matter to which
reference is made in the provision of this Act
in which the expression occurs:
Provided that no officer shall be authorised to
exercise the powers conferred by sections 14 and
15 unless he is an officer of the Fisheries
Department not below the rank of an Assistant
Director of Fisheries;
(d) "fishing vessel" means a ship or boat,
whether or not fitted With mechanical means
of propulsion, which is engaged in sea-
fishing for profit and includes—
(z‘) a catamaran,
(ii) a country craft, and
(iii) a canoe,
engaged in sea—fishing;
(e) "Government" means the State Government
of Orissa;
0‘) "port" means the space within such limits as
may, from time to time, be defined by the
Government, by notification, for the
purposes of this Act;
(g) "registered fishing vessel" meansi
(i) a fishing vessel registered under section
11 of the Marine Products Export
Development Authority Act, 1972: or
(ii) a fishing vessel registered under section 9;
(1?) "sea" includes lakes which are connected to
the sea;
(0 "specified area" means such area in the sea
along the entire coast line of the State but not
beyond territorial waters, as may be
specified by the Government, by
notification;
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Authorisation of
officers for the
purposes of any
provision of this
Act.
Power to regulate,
restrict or prohibit
certain matters
within specified areas.
0) ”State" means the State of Orissa and
includes the territorial waters along the
entire coastline of that State.
3. The Government may, by notification, authorise—
(a) any gazetted officer of the Government; or
(b) any officer of the Central Government, not
being an officer below the rank of a gazetted
officer or a commissioned officer in the
armed forces of the Union, with the consent
of that Government,
to exercise the powers conferred on, and discharge
the duties imposed upon, an authorised officer
under this Act in such area as may be specified in
the notification.
CHAPTER 11
Regulation of Fishing
4. (1) The Government may, having regard to the matters
referred to in sub—section (2), by order notified in the
official Gazette, regulate, restrict or prohibit4
(a) fishing in any specified area by such class or
classes of fishing vessels as may be
prescribed; or
(b) the number of fishing vessels which may be
used for fishing in any specified area; or
(c) catching in any specified area of such
species of fish and for such period as may be
specified in the notification; or
(d) the use of such fishing gear in any specified
area as may be prescribed:
Provided that any notified order issued under
this subsection prohibiting fishing by fishing
vehicles run by mechanized power shall be so
made as to cover at least an area of one kilometre
in the sea adjoining the mouth of any river
relatable to such notified order.
(2) In making an order under sub—scction (1),
the Government shall have regard to the following
matters, namelyti
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Prohibition of Use
of fishing vessel in
contravention of
any order made
under section 4.
Licensing offishing
vessels.
(at) the need to protect the interests of different
sections of persons engaged in fishing,
particularly those engaged in fishing using
traditional fishing craft such as catamaran,
country craft or canoe;
(b) the need to conserve fish and to regulate
fishing on a scientific basis;
(c) the need to maintain, law and order in the
sea;
(d) any other matter that may be prescribed.
5. No owner or master of a fishing vessel shall use, or
cause or allow to be used, such fishing vessel for
fishing in any manner which contravenes an order
made under section 4:
Provided that nothing in such order shall be
construed as preventing the passage of any fishing
vessel from, or to, the shore, through any specified
area to, or from, any area other than a Specified area
for the purpose of fishing in such other area or for any
other purpose:
Provided further that the passing of such fishing
vessel through any specified area shall not in any
manner cause any damage to any fishing nets or
tackles belonging to any person who engages in
fishing in the specified area by using any traditional
fishing craft such as catamaran, country craft or
canoe.
6. (1) The owner of a fishing vessel may make an
application to the authorised officer for the grant of a
licence for using such fishing vessel for fishing in any
specified area.
(2) Every application under sub-seetion (1) shall
be in such form, contain such particulars, and be
accompanied by such fees, as may be prescribed.
(3) The authorised officer may, after making such
enquiry as he deems fit and having regard to the
matters referred to in sub-seetion (4) either grant to
the owner of the fishing vessel, a licence for using
sach fishing vessel for fishing in the specified area or
Specified area mentioned in such licence or refuse to
grant the licence :
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Prohibition of
fishing using
fishing vessels
which are not
licensed.
EG. No.934—22-6— 1982
Cancellation,
suspension and
amendment of
licences.
Provided that no licence shall be granted in re5pect
of any veSSel which is not a registered fishing vessel.
(4) In granting or refusing licence under sub—
section (2), the authorised officer shall have regard to
the following, namely: —
(a) the condition of the fishing vessel ineiuding
the accessories and fishing gear with which
it is fitted;
(b) any order made under section 4;
(c) any other matter that may be prescribed.
(5) A licence granted under this section shall be in
such form and subject to such conditions, including
conditions as to payment of such fees and furnishing
such security for the due performance of the
conditions, as may be prescribed:
Provided that different fees, and different amounts
by way of security, may be prescribed in respect of
licences for different classes of fishing vessels.
(6) A licence granted under this section shall be
vaiid for the period specified therein or for such
extended period as the authorised officer may think fit
to allow in any case.
7. No person shall after the commencement of this
Act. carry on fishing in any specified area using
a fishing vessei which is not licensed under section 6:
Provided that nothing in this section shall apply to
any fishing vessel, which was being used for fishing
immediately before the commencement of this Act,
for such period as may be notified by the Government.
8. (1) 1f the authorised officer is satisfied either on a
reference made to him in this behalf or otherwise,
that—
(a) a licence granted under section 6 has been
obtained by misrepresentation as to an
essential fact; or
(b) the holder of a licence has, without
reasonable cause failed to comply with the
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Registration of
vessels.
conditions subject to which the licence has
been granted or has contravened any of the
provisions of this Act or any order or rule
made thereunder,
then without prejudice to any other penalty to
which the holder of the licence may be liable
under this Act, the authorised officer may, after
giving the holder of the licence a reasonable
opportunity of showing cause, cancel or suspend
the licence or forfeit the whole or any part of
security, if any, furnished for the due performance
of the conditions subject to which the licence has
been granted.
(2) Subject to any rules that may be made in this
behalf, the authorised officer may also vary or amend
a licence granted under section 6.
9. (1) The owner of every vessel used or
intended to be used for purposes of fishing and kept in
the State, not being a fishing vessel registered under
section I 1 of the Marine Products Export
Development Authority Act, 1972, shall register such
vessel under this Act.
(2) Every application for registration of such
vessel shall be made by the owner thereof to the
authorised officer in such form, and shall be
accompanied by such fees, as may be prescribed—
(a) before the expiration of one month from the
date on which he first became the owner of
such vessel, or
(b) before the expiration of three months fiom
the commencement of this Act, whichever is
later:
Provided that the authorised officer may, for
sufficient reason to be recorded in writing, extend the
time limit for registration by such period as he thinks
fit
(3) The authorised officer shall issue to the owner
of the vessel registered by him a certificate of
registration in the prescribed form and shall enter in a
register to be kept by him, in such form as may be
prescribed, the particulars of such certificate.
(4) Registration once made shall continue to be in
force until it is cancelled by the authorised officer.
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Information to be
given to authorised
officer about
movement of
fishing vessels.
Return to be
furnished by
owners of
registered fishing
vessels.
F inality of orders
under sections 6, 8
and 9.
Appeals against
orders refusing
grant of licence,
etc.
(5) Every vessel registered under this section shall
carry a registration mark= assigned to it by the
authorised officer, displayed in the prescribed manner.
10. Where a registered fishing vessel moves from the
area of one port to the area of another port, the owner
of such fishing, vessel shall give information to that
effect, in the prescribed manner to the authorised
officer by whom such fishing vessel was registered
and also to the Port Officer having jurisdiction over
the area where to such fishing vessel has been moved.
11. (1) Every owner of a registered fishing vessel shall
furnish to the authorised officer at the prescribed time
and in the prescribed manner such returns as may be
prescribed.
(2) The authorised officer may inspect any
registered fishing vessel at any time to verify the
accuracy of any return furnished under this section.
12. Every decision of the authorised officer under
section 6, section 8 or section 9, granting or refusing
to grant licence for a fishing vessel or cancelling,
suspending, varying amending such licence or
registering or cancelling the registration of a vessel
shall, subject to any right of appeal under section 13,
be final.
13. (1) Any person aggrieved by an order ofthe
authorised officer refusing to grant licence for a
fishing vessel or cancelling, suspending or varying
or amending su0h licence or refusing to register a
vessel or cancelling the registration of such vessel
may, within thirty days from the date on which the
order is communicated to him, prefer an appeal to
such authority as may be prescribed (hereafter in this
section referred to as the appellate authority):
Provided that the appellate authority may entertain
the appeal after the expiry of the said period of thirty
days if it is satisfied that the appellant was prevented
by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub—section (1),
the appellate authority shall, after giving the appellant
a reasonable opportunity of being heard pass such
orders thereon as it deems fit as expeditiously as
possible.
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Power to enter and
search fishing
vessel.
Disposal of seized
fish.
Adjudication
Penalty
(3) Every order passed by the appellate authority
under this section shall be final.
CHAPTER III
Penalties
14. The authorised officer may, if he has reason to
believe that any fishing vessel is being, or has been,
used in contravention of any of the provisions of
this Act, or of any order or rule made thereunder or
any of the conditions of the licence, enter and search
such vessel and impound such vessel and seize any
fish found in it.
15. (1) The authorised officer shall keep the fishing
vessel, impounded under section 14, in such place and
in such manner as may be prescribed.
(2) In the absence of suitable facilities for the
storage of the fish seized, the authorized officer may,
if he is of the opinion that the disposal of such fish is
necessary, dispose of such fish and deposit the
proceeds thereof in the prescribed manner in the office
of the adjudicating officer.
16. (1) Where any authorised officer, referred to in
section 14, has reason to believe that any fishing
vessel is being, or has been, used in contravention of
any of the provisions of this Act, or any order or rule
made thereunder or any of the conditions of the
licence, he shall make a report thereof to the
adjudicating officer.
(2) The adjudicating officer shall hold an enquiry,
into the matters mentioned in the report, in the
prescribed manner, after giving all the parties
concerned a reasonable opportunity of being heard.
17. (1) The adjudication officer shall, after the enquiry
under section 16, decide whether any person has used,
or caused or allowed to be used, any fishing vessel, in
contravention of any of the provisions of this Act, or
of any order or rule made thereunder or any of the
conditions of the licence and any such person, on
being found guilty by the adjudicating officer, shall be
liable to such penalty not exceedingw
(a) five thousand rupees, if the value of the fish
involved is one thousand rupees or less;
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Constitution of
Appellate board
and appeal to
Appellate board.
(b) five times the value of the fish, if the value
of the fish involved is more then one
thousand rupees; or
(e) five thousand rupees, in any other case,
being a case not involving any fish, as may
be adjudged by the adjudicating officer.
(2) In addition to any penalty that may be imposed
under sub—section (1), the adjudicating officer may
direct thati
(a) the registration certificate of the fishing
vessel which has been used, or caused or
allowed to be used, in the manner referred to
in sub-section (1) or the licence, any
condition of which has been contravened,
shallbe—
(i) cancelled or revoked, as the case may be;
or
(ii) suSpended for such period as the
adjudicating officer deems fit; or
(b) the fishing vessel or fish that may have been
impounded or seized, as the case may be,
under section 14 shall be forfeited to the
Government:
Provided that no fishing vessel shall be forfeited
under clause (b), if the adjudicating officer after
hearing the owner of such vessel or any person
claiming any right thereto is satisfied that the owner
or such person had exercised due care for the
prevention of the commission of such offence.
18. (1) The Government may, by notification,
constitute one or more Appellate Board or Appellate
Boards.
(2) The Appellate Board shall consist of three
members to be appointed by the Government of whom
one shall be a person who is or has been a member
ofthe Superior Judicial Service (Senior Branch)
of the State and he shall be appointed as the Chairman
of the Appellate Board.
(3) Where only one Appellate Board is
constituted that Appellate Board shall have
jurisdiction throughout the State, and where more than
one Appellate Board is constituted the Government
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may, by notification, define the jurisdiction of each
Appellate Board.
(4) Any person aggrieved by an order of the
adjudicating officer may, within thirty days from the
date or while the order is made, prefer an appeal to the
Appellate Board, having jurisdiction to hear such
appeah
Provided that the Appellate Board may entertain
any appeal after the expiry of the said period of thirty
days, but not after the expiry of sixty days from the
date aforesaid, if it is satisfied that the appellant was
prevented by sufficient cause from fiiing the appeal in
time.
(5) No appeal under this section shall be
entertained by the Appellate Board unless the
appellant has, at the time of fiiing the appeai,
deposited the amount of penaity payable under the
order appealed against:
Provided that, on an application made by the
appellant in this behalf the Appellate Board may, if it
is of the opinion that the deposit to be made under this
sub—section will cause undue hardship to the appellant,
by order in writing, dispense with such deposit either
unconditionaliy or subject to such conditions as it may
deem fit to impose.
(6) On receipt of an appeal under sub-seetion (4),
the Appellate Board may, after holding such enquiry
as it deems fit and after giving the parties concerned a
reasonable opportunity of being heard, confirm,
modify or set aside the order appealed against and the
decision ofthe Appellate Board shall be final; and—
(a) if the sum deposited by way of penalty under
subsection (5) exceeds the penaity directed
to be paid by the Appeiiate Board, the excess
amount, or
(b) if the Appellate Board sets aside the order
imposing penalty, the whole of the sum
deposited by way of penalty,
shall be refunded to the appeilant.
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Revision by
Appellate Board.
Powers of
adjudicating officer
and the Appellate
Board in relation to
holding enquiry
under this Act.
5 of 1908.
2 of 1974.
Offence a by
Companies.
E.G. No.93LZ2-6-1982
19. The Appellate Board may call for and examine the
records of any order passed by an adjudicating officer
under section 17 against which no appeal has been
preferred under section 18, for the purpose of
satisfying itself as to the legality or propriety of such
order or as to the regularity of the procedure and pass
such order with respect thereto as it may think fit:
Provided that no such order shall be made except
after giving the person affected a reasonable
opportunity of being heard in the matter.
20. (1) The adjudicating officer and the Appellate
Board shall, while holding an enquiry, have all the
powers of a Civil Court under the Code of Civil
Procedure, 1908 while trying a suit, in soft respect of
the following matters, namely:7
(a) summoning and enforcing the attendance of
witnesses;
(b) requiring the discovery and production of
any document;
(0) requisitioning any public record or copy
thereof from any court or office;
(d) receiving evidence on affidavits; and
(e) issuing commissions for the examination of
witnesses or documents.
(2) The adjudicating officer and the Appellate
Board shall, while exercising any power under this
Act, be deemed to be a Civil Court for the purposes of
sections 345 and 346 of the Code ofCrirninal
Procedure, 1973.
21. (1) Where an offence under this Act, has been
committed by a company, every person who, at the
time the offence was committed, was in charge of, and
was responsible to the company for the conduct of the
business of the company as well as the company, shall
be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished
accordingly:
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Exemptions
Protection of
action taken in
good faith.
Provided that nothing contained in this sub-section
shall render any such person liable to any punishment,
if he proves that the offence was committed without
his knowledge or that the had exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub—
section (1), where any offence under this Act has been
committed with the consent or connivanee of, or is
attributable to any neglect on the part of any director,
manager, secretary or other officer, such director,
manager, secretary or other officer shall be deemed to
be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation—For the purposes of this section,—-
(a) "company" means any body corporate and
includes a firm or other association of
individuals; and
(b) "director" in relation to a firm, means a
partner in the firm.
CHAPTER IV
Miscellaneous
22. (1) Nothing contained in this Act, shall apply to
survey vessels belonging to the Central Government
or any State Government or any public undertaking.
(2) Ifthe Government is ofthe opinion that having
regard to the purposes of this Act, it would not be in
the public interest to apply all or any of the provisions
of this Act to any class or classes or classes of fishing
vessels used for fishing in any specified area or
Specified areas, it may, by notification, exempt,
subject to such conditions as it may think fit to
impose, such class or classes of fishing vessels used
for fishing in such specified area or specified areas, as
it may Specify in the notification, from the Operation
of all or any of the provisions of this Act.
23. (1) No suit, persecution or other legal proceeding
shall lie against the Government or any officer or
authority for anything which is in good faith done
or intended to be done in pursuance of this Act or any
order or rule made thereunder.
(2) No suit or other legal proceeding shall lie
against the Government or any officer or authority for
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Power to make
rules.
any damage caused or likely to be caused by anything
which is in good faith done or intended to be done in
pursuance of this Act or any order or rule made
thereunder.
24. (1) The Government may, by notification, make
rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the
generality of the foregoing power, such rules may
provide for all or any of the following matters,
namelyzi
(a)
(b)
(C)
(d)
(8)
the matters to which regard shall be had in
making an order under sub—section (1) of
section 4;
the form of the application for licence under
subsection (1) of section 6, the particulars
which it shall contain and the fees which it
shall contain and the fees which shall
accompany it;
the matters to which regard shall be had in
granting or refusing a licence, under clause
(c) of subsection (4) of section 6, the fees
payable for the licence and the security for
the due performance of the conditions of the
licence;
the procedure to be followed in granting or
refusing a licence under section 6 or
cancelling. suSpending, varying or amending
such licence or in registering a vessel under
section 9 or cancelling such registration;
the form of the application for registration
of a vessel under section 9, the particulars
which such application shall contain, and the
fees which shall accompany the application,
the form of the certificate of registration and
the form of the register referred to in sub-
section (3) of that section, the manner in
which the registration mark referred to in
sub—section (4) of that section shall be
displayed;
the manner in which the information
referred to in section 10 shall be given;
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(g) the time and manner in which the returns
referred to in sub-section (1) of section 11
shall be furnished;
(7:) the authority to whom appeals shall be
preferred under sub-seetion ( 1) of section 13;
(h) the authority to whom appeals shall be
preferred under sub-seetion (1) of section 13;
(1') the place and the manner in which an
impounded fishing vessel shall be kept under
sub—section (1) of section 15 and the manner
in which the proceeds of the disposal of the
seized fish shall be deposited with the
adjudicating officer under subsection (2) of
that section;
(j) the procedure of the enquiry by the
adjudicating officer under sub-section (2) of
section 16;
(k) the qualifications of the members of the
Appellate Board other than the Chairman,
the fees and allowances payable to the
Chairman and other members of the
Appellate Board, the procedure of the
Appellate Board;
(1) the fees payable for the supply of copies of
documents or orders or for any other purpose
or matter involving the rendering of any
service by any officer or authority under this
Act;
(m) any other matter which is to be, or may be,
provided for by rules made under this Act.
By Order Of the Governor
D. HOTA
Additional Secretary to Government
(Printed and published by the Director, Printing, Stationery and Publication Orissa,
Cuttack 10 Ex. G.418-2,245+560)
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