The Tamil Nadu Aliyasantana Act, 1949
Tamil Nadu · state statute
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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Aliyasantana Act, 1949 Act 9 of 1949 Keyword(s): Aliyasantana, Kavaru, Kutumba, Major, Minor, Nissanthathi Kavaru, Yajaman '[TAMIL NADU] ACT NO. iX OF 1949.2 THE '[TAMIL NADU] ALIYAS~NTANA ACT, 1049. I WHEREAS it is expedient to define and amend in certain respects the 1r.w relating to rnz.rrip,ge, maintenance, guardianship, intestate succession, family mna.gement r.nd partition applicable to persons govenred by the Ali- (2) It shall apply- ment . U:-hTl-n nclA Tn;..rn .rrhr\ o+n ~~%~~~td yassntana Law bf inhjrit ance ; It is here by enacted as I follows :- \ CHAPTER I Preliminary . 1. (1) This Act m.y be called the l[T;l.mil Nedu] Ali- shkt title. yasantaaa Act, 1949. applicat (a) to ~ll, rullc.ua r.urr .valjjD wuu CiIv 6uvVL.u-U by the Aliyasantana w.w of inheritance ; p.nd (b) to all Hindu and Jain males, whet her governed by the said law or not, who hzve contracted or may contrect marital ~.llirrnces with Hindu e.nd Jain females governed by 1 he srid law : Provided that the provisions of Chapter IV shall aot apply to Jains. &; 1: bc"* (3) It shall come into force ?.tonce. , -2 - kn.. . i t- 1 These words were substituted for the word "h, ladrau", by - the Tamil Nadu Adaptation of Law Order, 1969, as amended by the ' . Tamil Nadu Adapt at ion of Laws (Smnd Amendment) Order, 1969. 2. For Statement of Objects and Reasons, see Fort St. George Gazette, dated the 9t h Decm~beer 1947, Part IV-A, Page 592. - Pudukkottai by st schedule to, the .l.arnil Nadu Merged 4 .. -- r . , * t4 6 This Act was extended to the merged State .- - of -- *. &i , b seotion 3 of, and the Fir States (TAWS) Act, 1949) Tamil Naau ~ct nnnv or J my). $'" C 8 Aliyasan t ma [ 1949 ; T. N, AG~.~X . .2. The Malabar Marriage Act, 1896, in so fcr as it adras has ,nnt b:en a1rer.d.y repee:Ied, find section 6 oft he Jaina Succession Act, 1928, ctre hereby lepealed. dnitiow. 3. In this Act, unlzss there is anything repugnant in the subject or conlext- (a) c6Aliyav.nf ana" meails i he system of inheritance in which descent is fraccd in thc fcm~.le line, but does not * incluie tth sysiern of inheribncc known as the Maru- mak&Y.taya.rn : (b) (i) "kw:r!u" used in rcldon to R fcmalc, mefins r he graup 3f pe:.sons colisisting oft h2.t terngale, her children and a11 her de~cend~nnts in 1 he female line ; (ii) "k~vdru", used in relation to a male, means the ;lQ.ivd.ru of tbc: inother of that male ; (c) c6kutumbP means the group of per scns forming s joint family with coininuility of ptopert y gove~ ned by the Aliyr.santana Law of inhelitance. ; I (d), "maj ~r" means s persoil who h9.s completed the age of elgh'een years ; (e) minor" mcans n pcsscln who has not comcleted 1 he 0.g~ of eighteen yzars ; Cf) Gc nissanf hathi kzv2.1 u " means a kwitru which is not a san'hqthi kwdru ; (g) ~'prescrib..d" mtans p:escrihd by luks made UIBdcr ~S'S A2! : ** (& ...~h;rhi k t~-:iu. E,:c'.s ;.. kiytgl; cf at least one m:mb:-r is a fims.le who hzs not c~mplered the age of fifty pzws ; (i) '(Yaj ~m~n" mtans t ha oldest memlxr, male or female, of a k~rtumbz or kw,iru, as the case may be, in whom the right to manage its properties vests, or any other mcmbtr or mernbcr s i n whoem such r ighr is vesf ed by . family cdstom, con:rect, decree of ccurt or otherwise. :--- ------- -_3 Thas3 wards wzre substituted for the word "Madras9* by the Tamil Nadu Adaptation of Laws O~der, 1969, as amended by the Tamil Nldu Araptation of Laws (S :co ~d Amendm3nt) Ord , h 1969, - *. me; 6. .- +-*- -- - - , - - - - f . .- . - .- ...* ./ --- -- .- . - -- -- --- 7-- - -- 4- s $( 1 - 5 j, , b. Ali~~santana 9 'CHAPTER 11. * . -. JIarriage and its Disso!ution. - " Save as provided in secfion 5, the conjugal union valid under the same community as the Act, to suc h community and antana Law or not, but purposes to be a legal marriage, if- (a) tho parties to the uqion are not related to each , ther in such degree of consanguinity or affinity that conju- 1 union between them is prohibited by any custom or * age of the commu~ity to which they belong ; and (i) was before the date on which this Act comes into force openly solemnized in accordance with the custo- mary ceremonies psevailit~g 91 the community to which the parties belong or recognized by tho community as a valid marriage ; or - (ii) is oponly solemnized on or after the date aforesaid and, where either or both the parties are minors, with the consent of the guardian or guardians of such minor or minors ; or arriage under the Malabar ef'ore the d'ate aforesaid, (2) A conjugal union between minors or between a minor and a major which would otherwise be a valid marriage under sub-section (I) shall not be deemed to be invalid merely on Lho ground that the consent of the guardians or guardian of such minors or minor was not obtained to the zlt~ion. - - 1 The Hindu Marriagc Act, 1955 (Cetllral Acl 25 af 1955), has an overriding eEcct over any other law infarce immediately befare the cammonccmen! of that Act in so far as it is inconsistent with any of the provisions of that Act-vide section 4 (b) thereof. But ~nder section 29 (2) af 1 he Central Act nothing contained in that Act shall be decmcd to affcc'r any right rccogniscd by custom or Fn- ferred by any special enactment to abtain the dissolution af a Hlndu marriago whet her solemni sed before or aft c . the commencement of that Act, d 10 Aliyrsantana [1949: T.N. Act IX - (3) Notice of every marriage contracted on or after the date on which this Act comes into force shall be given by such person, to scch authority, in such form, and within + such time, as may be prescribed. Failure to give such otice shall be punishable with fine which may extend to failure shall not invalidate the marriage ights of the parties to, or the issue of, 9 riage ,5. During the continuance of a prior marriage which is con- valid under section 4, any marriage contracted by either of to on or afcer the date on which this Act . comes into force shall be void. which is valid under ,section 4 may be er I he dale on which this Act comes into (a) by a registered instrument of dissolution executed by the parties thereto ; or (6) by an order of dissolution as hereinafter provided: if either or both the parties is or am minors, the marriage shall not be dissolved until after the patty has become a major or both the parties have become majors, as the case may be. Nothing confained in this section shall be deem-d to invalidate any dissolution of the marriage effected before the date on which this Act comes into for(; -. in accordance with the custom prevailing in co~nmanity to which the Rights of 7. The dissolution of a marriage which is valid uoder children of section 4, whe' he;: by 4eath or otherwise a nd wheLher , rnarrlage, before or after the cornmenceulc~ri 01 th;s Act, shall not etc., not Mected by. &bct in an way tile legal stat [is or rights unde~ this Act d dissolution of the chid ran of such marriage or of their discepciants. of marriage. , Petition for 8. (1) A husband or wife may present a petition for dissolution. dissolution of the lnarriage- (a) if tht: place"-- (i) where the marriage was contracted, or (ii) where the respondent or pcti ioner at the time of the m-a$ee, a permanen: dwelling or actualty I a& vola~n. aril) radwJ [or carrjrcl fin bu->jwJz or w~dy fcjr gab $7 C ' &;. -- 12. Aiiyasantujza [1949: T.N. Act 1X ICHAYTER 111. Maintenance and Guardianship. I Maintenance, of 13. (1) The wife, and minor children other than marfled . wife and daughters, shall be entitled to be maintained by the husband minor or the father, as the case may be : children, provided that the wife shall not be enti tied to main- tenance from her husband, if she refuses to live with him 1 without just cause. (2) Nothing contained in sub-section (!) shall affect the right of any person to maintenance from his or her kutumba ar kavaru prop2riies. f (3) l~, L-~arding maintenance under sub-section (I), the Court shall have due regard to the means and circums- tances of the pzrssn against and by whom maintenance is claimed and to the reasonable wants of the person claiming maintenance. Guardian- 14. The husband shall be the guardian of his minor wife ship of, minor in respect of her person and property ; and subject to the wife and provisions of section 15, the father shall be the guardian of children. his minor childsen other than married daughters, in respect of their person and property : Providod that such guardianship shall not extend to the right and interest of'the wife or children in respect of - 6 ' their kutumba or kavaru proper ties : , . \ L .I. Provided further that the custody of a minor child who has not completed the age of three years shall ordinarily be- '. . , - . . with the mother. t*; : A . . 5-5 A"? 5: ..Mbther td '- 15. The mo az*d $,> @a. %.guardian property of he I 4.- <?. "f marriage wj th 1 Bi;:childrenif . gbfathar is dead ' ' &or marriage is .+ -" airj +$$ i ssolved VI * '" a>V '?; I. f NSn& . 16. No thi ,brzt j- &. <, deemed to a -\ . . , :+'iz *i - Act, 1890. 6 "- -- \ I '. - The Hindu and Guardianship Act, 1956 (Central , l,*- $!t-h~- a - Act32 of 1956), hiss, by v!rtUe of Section 5 (b) thereof, an ovcr-rjdjng *. *? 2:-i44i;x. , - effect pver any other law in force imme,tiately befare the wmmon* I ,‘- _ *- ,meat of that Act in so far as it is i no~nriste~t with any of *he provie $ :,* ,!. h. sions oontained in that ~ct. i -- -- _ __ -. --... -.I -- zr-=-*----: I- --- ---A -- -- -- -- --- -- - - - .) - At i,yasun ta;zo f13 (I' lCHAPTER IV. intestate Success;on. - A Person is deepled to die intustate in respect of all P~plty as to has not made a testamentary djsposi- which a ble of taking effect. - persan is deemed to die intestate. 8. On the death intestate of an Aiiyzsaddna male, his Davolut of which is self-acquired or separate, shall devolve propany left by order and according to the rules contained in sections Ali asantana 21,22,23 and 24. ma 7 e intestate. 19. (1) Where the intestate has ltft surviving hi;,. any Dev,: Jion line a1 descendant or descendants and also his ,,A 7ther or a where intestate I widow or widows or both his mother and a widow or has left lineal widows, the whole of the property shall devolve on them. descendant. (2) In the absence of the mother and any widow, the whole of the property shall devolve on the lineal descendant or descendants. 20. The distribution of the property among the heirs Rules of distri- refmed to in section 19 shall be made in accordance with bution in such the following rules :- cases, (i) The widow, or if there is more than one widow, each of the widows, shall be-entitled to a share equal to I I (ii) The mother shall be entitled to a share equal to that of a child. child (son or daugntcr) shall be entitled (6 Where the child had predeceased the intestate, the lineal descendants of such child shlll, subject to the provisions of clause (vi), be entitled to the share which the child ncu!d hp,q +qt-n, had he or she survived the (iv) (a) G-rand children of the intestate by a deceased d shall be entitled in equal sbares to what the deceased ' , d would have taken, had he or 'she sutvived the - &- i ~he Hindu Succession Act, 1956 (Central Act .30 of 19561, has, by virtue of section 4 (b) thereof, an over-riding effect over any at her law in form immediately before the camm6ncement of that Act in so far asit isinconsistent with any ofthe provisions of that Act. - - 19 nibyus.c/ng~n~ LIYL)~; I -I\. AClC ah ; * 1 (6) Where any such grand child has predew~d % ' the intestate, the lineal descendants of such grandchild shall subject to the provisions of clause (vi), beentitled to the share which the grandchild would have taken, had he or . a she su~ved the intestate. - 7, 2 'd . .. (v) The property shall devolve in like manner on the . ' ' .: remoter surviving lineal descendants of the intestate. . . '*. (vi) The descendants of a child, granc!child or other 4 ;. , ..& lineal descendant of the "intestate shall not be entitled to : '! ( . *. * z:? , - any share in his property if such child, grandchild or other ' . ,+% 4 ', descendant is alive at the time of the death of the intestate. . 71 I $. ~ . \ Illustrations. (1) Z dies intestate leaving two widows A and B, his. mother C, a son D, znd a daughter E, a granddaughter F by such daughter, the lineal descendants of a deceased daughter G, and the lineal descendants of a deceased son ., H. A, B, C, D and E will each get one-seventh of the property ; the lineal descendants of G wilI get one-seventh ; I the lineal descendants of H will also get one-seventh. The granddaughter P will not get any share. .(2) 2 dies intestate leaving no mother or widow, but leaving a son A, a daughter B, a grandson E and a grand- daughter F by a deceased daughter C, a granddaughter G by a deceased son D and two great granddaughters, H and J, by a deceased daughter of D, A and B will each be entitled to one-fourth of the pro- perty; E and Fwill each be entitled to one-eighth; G will be entitled t~ ;ne-eighth; H and J will each be entitled to one-sixteenth. . (3) Z-dios intestafo leaving no mothor. wiclow or cl~ild. but leuviilg tli~*u~ g~a~al olriltlron A, 1I acid C hy il daughf~r X who has prodeceased hi6 and two gra~~dchildrefi alld by a son Y who h:\s also predeceased him. A, B and C WI - each bewentitled to one-sixth of 2's property and D and . to one-fourth , . -- .- ' 1 I ..* - . . . --. .,-", . - . - ---- - -.a - - . - <? 1 . I. - .--- ..-- L-j-sd . A .A- &We 1A (b) In the absence of her mother's kavml, the whole of the property shall d~volve'on her husband; and in the absence of her husband, the whole of the property shall de- volve on her mother's kavaru. (3) In the absence of any of the relatives aforesaid, the property shall devolve on the kavaru of the maternal grandmother or other female ascendant of the intestate, the , - nearer excluding the more remote. , ". &volution ? 26. (1) On the death intestate of a male not governed of property by the Aliyasantana law- left by hon- 1 : Alipantana (i) who- *:mal.e;r ntestate. .:p 'k .+-* , (a) has, before the date on whi~h this Act comes i'?. ,<> A n ,&J *' I - into force, contracted a marriage with an Aliyasmthana.? \ ,< :e. .- : 8, .. . , J v *'A .I female which is valid under section 4; or c2, -- 4' " ,- f. . +\ ' " :*v *>- - .& , (b) has contracted on or after such date a -4;%l\ :. p:,;; -" *** . - mqmiage with an Aliyasanthana female 'which is valid T$~.:Q-*, ;. $@~;&%y;.;, " . under that section ; and ,%+:?%; n,. .r *&, .Ti&Y " I 81 "-*:- .. (ii) who his left surviving him by such ~narriage or - 1 P "I" I I - - marriages one or moro of the following relations, namely:-- *- (a) a widow or widows, (b) children, (c) lineal descc ndants, r such relation. or relations shall be entitled, if the intestate has also left relations who are heirs according to the personal law by which he is governed, to one-half of his property which is separate or self-acquired and if the intestate has ~ -- .left .no such heirs, to the whole of such property : Provided that the reasonable funeral expenses of the intestate shall-fist be deducted ii01~1 s~h sepailirte or self- - acquired property. (2) The propurty dqvolving on the relations referred - to in subclauses (a), (6) and (c) of clause (ii) of sub-section (1) shall be distribul'ed among them in accordance with the des contained in clauses (i), (iii), (iy), (v) and (G) of section 20. I I - ". -. .. - - - J?? - 4 whole of the property of any male or Possessiod devolves unda the foregoing provisions of and man+ of the kavaru gemenf of property e possession and management ofsuch n thereof is effected. division is CmER v. Kutumbu and its Monagem&w?nt. shall keep Uue and correct accounts Yajaman nditure of the kutu.~ba; and every to keep lubd shaU have the right to inspect accounts and allaw year at tho kutulnba house at any insection, gust and Septemb~r in the imple- etc. , and also to take copies of, or -< Provided that nothing contained ia this sub-section gross income of, which from not exceed three thousand - . \ or where the yajamaa major 'member of the aman, pass an order I n Court and allow- to take copies of, or Validity 1[29. (1) No sale or mortgage of any immovable pro- : , sales, mwt- perty ~f a kut umba , and no lease of any such property I gages *ad dit&rff~r a premium returnable whclly or in part or for a leases. pariod exceeding five yezrs, shall be valid, unless it is executed by the yajaman, for consideration, for kutumba necessity or benzfit, and with the written consent cf the majority of the major members of the kutumba. . (2) No leasc of any immovable property of a kutumba in cases not referred to in sub-section (1) shall be valid unless it is executed by the yajaman and where the -Malabar Tena.ncy Act, 1929, confers fixiiy of tenure on the lessee unless also the written consent of ths majority of the major members of the kutumb~ bas been obtaincd to the leasz. ~. -. (3) Nothing contained in cub-section (1) or sub- section (2) shall be deemad to affect the validity of any mortgage or lease executed on or before the 27th July 1950 in accordance with the law 'in force at the time of . '. such exebbtion.] Validity of 30. (1) NO mortgage without possession of any kutumb mortgages property and no debt shall bind the kutumba unless the without mortgage is executed, or the debt is contracted, by the POSSZSS10n ajaman and for kutumbz necessity. and debts, Y the reasonable wmts of such member. (2) The maintenance payable to a member o kutumba shall be pzid only out d the income realised fr the kutumba ropert ties and shall be a charge on 6~ $ - p+ *;F&;, fi? j? (3) Mter this Act comea*into force, no suit shall lie r 9arrears of maintenance for a period exceeding two E<*&$wp4 , (I) Any member of a kutumba my institute a suit Right to ivil Court for the removal of the va.ia man- remove yajaman by suit . (i i) for any rnisrrppropriatiol~ or iniproper dealing the income or the properties of the kutumba ; or (iii) for unscundness of mind c3r any physical or tal infirmity which unfits him for discharging t he func- s of a yajaman ; or *a. (iv) for any other sufficient cause whicl~, in the \ .I - J (i) for any malfeasance, misfeasance, breach of or neglect of duty in respect of the kutumba ; or nion of the ~o6rt 9 makes his continuance as yajaman rious to the interest of the Scut~m~. (2) A Court trying a suit under sub-section (1) may, if it considers that it is not necessary to direct the removzl 33. Any yajaman may, by a registered docutnent, give up his right of management, 35. (1) Any bwru represented by t1:e majority of its mior members may claim to take its share of all the pro- * Provided t ha1 of the yajaman, p2 ss such orders-2s it thinks fit hrving regard to the welfare cf the kutumba and the circumstana of the case, I Relinquis ment of right of manage ment by vsliamnn J WJUWWU. 34. The provisions of this Chapter shall apply to every Applica. kavaru possessing separate properties as if it were a tian of kutumba, Chapter ta kavarus, Partition, Right of kavaru to ,In:- waly peities of the kutumba over which the kutumba haspower padltion, of dis~osal z ud separ8te from ,the kutumba : t- (i) *re a kavaru coasists of only two persons, such a claim may bc mde by either of them i , 125-3-2~ >, -. d --.- # -*- .'.- *-*"-- L-4 .fl . .r. % raw* III ", . >7 .. 'l . (ii) no hvax shall make such a claim during the ?A *b lifetime of any ancestress common to such kavam and $0 *.A$', ' *:fi - . <. any other kavaru or kavarus of the kutu mba. who has not $$,,%&! *- - 2.9!ps4; &\ , coapleted fifty years of age unless-- & :+/,t , * -1 , &$;+* (a) she has signified her consent in writing, or . L4&W y+ +-, , * rw g, - (b) two-thirds of the major membsrs of the I .! .. kavaru join in making the claim for partition ; .">',: " . $, ' .s -. , (iii) the common ancestress may on her own voli- .tion claim a partition. (2) The share obtained by the kavaru shall be taken by it with all the incidents' of kutumbe propcbrty. , Explanation.-For the purposes of this Chapter- (a) a male member of a kutumbs or a female mema b:r thereof who h~s .no living descendant in rhc female line, shall ba deemed to br: a kavnru if hc or she htis no living female ascendant wlto is a meuL UC 'lLe kit i unlba ; I (b) such male member, or such fem~.lc member if she has compieted thi. age of fifty years, shall be deemed to t be a hissanthathi kavaru. Ascertaiqnt 36. (1) Any kavdru entitled to p:irtition under section 35 O* shares at shall bs allotted a share of the kutumb* properties in ac-. Partition. cordance with the previsions of sub-section (2). (2) (a) If, on the date on which a partition is claimed, any of the m~mbcrs of the kutumba who are nearest in degree to their common ~.nccstress is rcmowd four degrcas I or more from such c?:-rc~strcss, t2lc.11, the division shall be effected in the follow~ng in!>.nner :- (i) In three-fourths of the kutumba properties, the kavaru shall be such share as would fall to it, if a division -thereof were made per capita smong all the members of the kutumba then living. (ii) In the other one-fourth of the kutumba pro- perties, the kawru shall be allotted such share as would fall to it, if a division thereof were made Pmong the kavarus per ~titpes. (b) 11. :?her cpses, the division shall be cffeateci in thefo~~uwlng manner :- (i) In on~-half' ef the kutumbe prcpcrties, kava.ru shall be allotted such share as would f~ll to it if a division thercd wire mxtc per capita among all the mem. ber$ of the kutumba theen livi~g. .' , (ij) the other half of the. kutuhba properties, u shall be allotted such shgrc as would fill to it, if nthereof were madeperstirpes F' among the kavarus. -- (e) The provisions of clauses (a) to (d) shall apply par titions claimed before the expiry of a period -of - t years from the commencement of .Chis Act. .d eafter be divided and subtivided in the same mcnner r, 1 the ka varu seeking par tition is reached. - Bxplanation.-For the purposes of this sub-section, the date ou which 8 partition is claimed shall be- (a) wl~ere the claim is made by a suit for partition, the date of the institution of the suit (whether the sr:: is prosecuted or not) and (b) vprhere the claim is madeotterwise than by s suit, the date bn which such claim is made. (3) ~f,at the tims of the partition, any kavuu taking a share is a nissanthathi kavaru, it shall have only a life interest in the properties allotted to it,if the kutumba from which it separates has atleast one female member who has 22 Allyarantana [I949 : $.PI. Act IX not completed theageoffifty years, or where the ktumba breaks up into a aumber of kavarus at the partition, if at least one of suchkavarus~s a santhathi hvaru and ifthere I is no such female member or santhathi kavaru, the hvaru shall have an absolute interebt in the properties allotted (4) In the case referred to io sub-section (3, the life interest of the nissanthathi kavaru in the properties alott toit atthe partitionshallbecomeabsolute,ifthe h~tu - concerned ceases to have among its members a female hasnot completed the age of fifty years or if all the kavaru into which the klutumba brol up, whether at the ,'or at a subsequent partition, become nissanthathi k (5) The PI opertiesallotted to a nissanthathi on arLd in whichit had only a life interest at Zhe , deathofthelast ofits members, shall devolve 'kutumba, or where the hutumba has broken up me or at a subsequentpartition,into a number 0 ,upon the nearest santhathi havaru or kaverus. A registered family settlembnt (by what0 r anawaid,to whichallthe major mambers 0 are parties and under which the properties ha ve been or were intended t ed, or purport to have been distributed, am0 s of the htumba for their separate inperpetuity, shall be deemed to be apextition umba properties not withstanding any terms to ary in such settlement or award. ication of 37. The provisons of this Chapter shall apply to every Chapter kavaru possessing separate properties as if it were as 'O kavaroh butu mba. , Cf3AWER VTT. Misce llune 011s. * ~d m, 38, (1) The '[Statel Government may make rules sistent with this Act to carry fnto effect the purpose thereof, - 1 This word was substituted fm the ;md Provincial m by the Adaptatiorr of Laws Order, 1950. .". U' f.+~ 12) In narticular and without preiudice to the genera- atters cxw~ssl~~quir~d or allo~vd byidis .4ct to be 39. Nothing contained in this Act shall be deemed to Saving. ct anv rule of Ali~asantana Law, custom or usage, . ". , - A - Aueantans 23: O\f ihe f6waoing power, such rules may prov7de for - - 3) Allrules made under t6s section shall be pub- Fort St. George'Gazette and on such publi- ve effect as if enacted in this Act, - - - - - - - d -- except to the extent eiprassly laid down in this Act. .rrrcllle ---- * Now the Tamil Nadu:Govgmment
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