esi ammendment

8/3/2019 ESI Ammendment

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Most Urgent

PLANNING&DEVELOPMENTSECTION

Subject: Booklet of "Gazette Notifications on Amendments inEmployees' State Insurance Act, 1948, Employees' StateInsurance (Central) Rules, 1950 &Employees' State Insurance(General) Regulations, 1950 during Years 2010 & 2011( till15/6/2011)".

A copy of the above Booklet is enclosed herewith. It is requestedthat the same may kindly be uploaded in the website of office (Publication) forinformation of employers/Insured Persons/ officers in the field.Enc1: Booklet pages ~ '1 ~ , \\~::--

(H.K.MEHTA)Deputy Director (P&D)

Officer on Special Duty (Website).U.O.Note No.Z-12/ 12/ /02-2010-P&DDated: - 09/08/2011.


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pESIC

Chi,.,ta Se Mlfkti,,---p

< f > l f T . f R T ' < I \ J " l I E f t 1 : r r ~ . 1948,< f > l f T . f R T ' < 1 \ J " l I E f t 1 : r r (c6~) ~lIl"I.19503 1 l x

< f > l f T . f R T ' < 1 \ J " l I E f t 1 : r r ( ~ 1 1 " 1 1 ' " " 'l I ) ~ . 1950I T ~mq;ff lR ,< 1 \ J I 4 ? 1 ~TFlTaTI qft ~ f u - t < t > 1

( q t f 2010 - q q 2011 c 6 ~ { ~ ' 1 i < t > 15-06-2011 (f(f) })BOOKLET OF GAZETTE NOTIFICATIONS ON AMENDMETS IN

EMPLOYEES' STATE INSURANCE ACT, 1948,E M P L O Y E E S ' S T A T E I N S U R A N C E ( C E N T R A L ) R U L E S , 1 9 5 0

&EMPLOYEES' STATE INSURANCE (GENERAL) REGULATIONS, 1950.

(DURING YEARS 2010 & 2011 {TILL 15-06-2011})

Planning & Development Section

~t..c4lclll, q>1f~ ~ ~ ~Headquarters, Employees' state Insurance Corporation

~ ~ 31T9001: 2008 W Il"fUm , IS O 9001 :2008 certified~ 11CA",.~:G\T.:l1rlf, -.,{ ~ 110002Panchdeep Bhawan, CIG Road, New Oelhi- 110002

Websitre:www.esic.nic.in


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IP ESICourVIP Chh1t" Se MMkt ;~


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FOR OFFICE USE ONL',-----------------------------------------------------------,! Booklet on Gazette Notifications regarding amendments in ESI Act, 1948, ESIl _ _ _ _ (Central) Rules, 1950 & ESI (General) Regulations, 1950.

CONTENTS~ -~ ; . ; . ; : - - - - - - - - - - - - - - - - - - - - - - - S -U -b - j e - c - t \ p~~~l - 1. Preface by Insurance Commissioner 1,- .-------

Amendments in Employees' State Insurance Act, 1948.2. The Employees' State Insurance (Amendment Act) 2010. 2-73. Central Govt. Notification S.O, 1296 (E) dated 1stJune, 2010 8+enforcing amendments.4. I Central Govt. notification GSR 654 (E) dated 4stAugust, 2010 9-10

The Other Beneficiaries and Members of their Families Medical! Facilities Scheme 2010.

- ---- -------~------------------------------------------------

Amendments in Employees' State Insurance (Central) Rules, 1950.- -- ------ ------------------------------------------,----~

5. Govt. of India, Gazette Notification No. G.S.R. 349 (E) dated zo : 11-12April, 2010.6. Govt of India, Gazette Notification No. G.S.R. 115 (E) dated 14th 13-16

July, 2010.7.

8.

9

-----------------------+------17-19ovt. of India, Gazette Notification No. G.S.R. 224 dated 29th

November, 2010.- - __------- -------------- ---- ---------------~--------+-----

Govt. of India, Gazette Notification No. G.S.R. 229 (E) dated 23'dMarch,2011.

20-21

I 22-25II

Amendments in Employees' State Insurance (General) Regulations, 1950.

10.

Govt. of India, Gazette Notification No. G.S.R. 454 (E) dated 15thJune, 2011.

26-34azette of India, No. N-12/13/2/2010-P&D dated 9thDecember 2010.

- -- ---- ---- --------11. Gazette of India, No. N-12/13/2/201 O-P&D dated so "

March,2011.-- -- -. ---- ----~-----------------

35-48


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PREFACEConsequent upon amendment in the Employees' State Insurance Act, 1948,

amendments have been carried out in the Emplyees' State Insurance (Central) Rules, 1950 andthe Employees' State Insurance (General) Regulations, 1950. The same were circulated to allRegional Directors/Joint Directors (lIC) earlier. Now, the Central Government has furtheramended Employees' State Insurance (Central) Rules, 1950 vide amending notification dated15/06/2011. This amendment is very important since the procedure ofpayment of benefits fromthe Branch Offices has further been simplified.

Planning & Development Section, Hqrs. Office, has brought out this revisedcompilation containing copies of the Gazette Notifications issued by the Central Governmentand by ESIC amending Employees' State Insurance Act, 1948, Employees' State Insurance(Central) Rules, 1950 and Employees' State Insurance (General) Regulations, 1950 duringtheyear2010and2011 (till 15/06/2011).

I hope this compilation will be of immense help to the Regional Directors/JointDirectors (lIC) in the Regions/ Sub-Regions including our Medical Officers working in fieldoffices.

Dated: 1 '1 July, 2011. 62~(B.K.SAHU)

Insurance Commissioner


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REGISTERED NO. DL-(N)04/0007/2003- .] r iI3H!I'II(OI

EXTRAORDINARY'W T n- wo-g I

PART Il - Section I~~~

PUBLISHED BY AUrnORITY~231!'io.23]

-::rt~, ~ ~2~, 2010/ ~4, 1932NEW DELHI, TUESDAY, MAY 15, 2010 / JYAlSTHA 4,1932

~ 'ffITlff1A~~~"dt~r..;~~~;t~lf t8TQlTwtlSeparate paging it given to thiJ P.rt in order that It lILIy be filed u aeparale compilatioll.

MINISTRY OF LAW AND JUSTICE(Legislative Department)New D elhi, th e 2 5th May, 20 I O;.fvuisrhu 4. ; 912 {\uf,.j

Ihe following Act of Parliament received the assent of the President on the.'4th May, 2010. and is hereby published for general information:-

THE EMPLOYEES' STATE INSUR~'\ICE (AMENDMENT-,ACT,20]O

(.\Ju 18 OF 20] Cl):24th Mm; 20: ,) .

\n Act further to amend the Employees' State Insurance Act 14411H' It enacted by Parliament in the Sixty-first Year of the Republic of India as loliows:-I. (n This Act may be called the Employees' Stale Insurance (Amendment) Act. 20 iO. :,hlln 'I\]c and\.') Section 18 shall be deemed to have come into force on the 3rd day of July. 2008 and

the remaining provisions of this Act shall come into force on such date as the Central(l\wcmment may, by notification inthe Official Gazette, appoint1. In the Employees' Slate Insurance ACl, J 948 (hereinafter referred le> as lilt pnnc ipal

ALII, III section I, Insub-section (5), for the words "six months''', the words "one month'sshall he substituted


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2 . THE GAZEITE OF INDIA EXTRAORDINARY [pAJrrD-

Amendmentof secuoe 2

3. In section 2 of the principat Act, -~) in cWae (6...4),-

(0) for sub-clause (0, the followin& sub-clause shall be substituted,namely:-

"(I) a widow, a logitimate or adopted SOD who has not attained theagecftwcllUy-five yoan, an unowried Jogitimate or adopted daughter,":(b) in sub-clause ( ; t 1 . fur the words "eighteen years", the words "twenty-

five years" shall be substituted;(B) in clause (9), for the words "or under the standing orders of the

establishment;", the words "and includes such person engaged as apprentice whosetraining period is extmJded to any length of time" shall be substituted;

(C) in clause (11), for sub-clause (v), the following sub-clauses shall besubstituted, namely:-"(v) dependant PBnllts, whose income from all sources does not exceed

such income as may be prescribed by the Central Government;( 1 1 1 ) in case the insured pcrIOB iJ UJUDIIrIiod and hia or her parents are not

alive. a minor brother or suawholly depeo dao t upo n the earnings of the insuredperson;";(D) for clause (12), the following clause sball be substituted, namely:-

'(I2) "factory" means any premises including the precincts thereofwhereon tell or more persons are employed or were employed on any day of thepreceding twelve months, and in any part of which a manufacturing process isbeing carried on or is ordinarily so carried on, but does not include a minesubject to ibe operation of1he Mines Act, 1952 or a railway running shed;'. 35 of 1952

Amendment 4, In section 10 of the prinoipal Act, in sub-section (J), fu r clauses (a) and (b ), theof section 10 following clauses shall be substituted, namely:-

"(a) the Director General, the Employees' State Insurance Corporation,ex officio as Chairman;

(b ) the Director General, Health Services, ex officio as Cc-chairman:".5.1n section 12 of the principal Act, for sub-section (3), the following sub-section shall

be substituted, namely:-Amendmentof section 12

Amendmentof section I'

"(3) A person referred to in clause (l) of section 4 shall cease to be a member onbecoming a M in ist er or Speaker or Deputy Speaker of1he H ouse of the People or DeputyChairman of the Council of States or when he CC8lICS to be a member of Pari iament. ".6. In section 17 of the principal Act, in sub-section (2), in clause (a), after the proviso,

the following proviso shall be inserted, namely:-"Provided farther that this sub - section shall not apply to appointment of

consultants and specialists in various fields appointed on contract basis, ~.Amendment 7. In section 37 of the principal Act, fur the words "five years". the words "three years"of section 37 shall be: substituted.Amendment 8. In section 45 of the principal Act,-of section 45 (a) for the words "Inspectors" and "Inspector", wherever .hey occur, the words

"Social Security Officers" and "Social Security Officer" shall respectively besubstituted;


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SFLIJ THE GAZE1TE O F INDIA EXTRAORDINARY

(b) after sub-section (3), the following sub-section shall be inserted, namely-"(4) Any officer of the Corporation authorised in this behalf by it may,

carry out re-inspection or test inspection of the records and retumB submittedunder section 44 for the purpose of verifying the correctness and quality of theinspection carried out by a Social Security Officer. ".

9. In section 45A of the principal Act, in sub-section (1),--(I) for the word "Inspector", the words "Social Security Officer" shall be

substituted;(it) after the proviso, the following proviso shall be inserted, namely:-

"Provided further that DO such order shall be passed by the Corporationin respect ofthc period beyond five years from the date OD which the contribution

. sball become payable.".10. After section 45A of the principal Act, the following section shall be inserted,namely-c-

"45AA. If an employer is not satisfied with the order referred to in section 45A,he may prefer an appeal to an appellate authority as may be provided by regulation,within sixty day! of the date of such order after depositing twenty-five per cent of thecontribution so ordered or the contribution 11 8 per his own calculation, whichever ishigher, with the Corporation:

Provided that if the employer finally succeeds in the appeal, the Corporationshall refund such deposit to the employer together with such interest as may bespecified in the regulation.".11. In the principal Act, in sections 51A and 5 1B , for the words "an insured person's".

the words "an employee's" shall be substituted.12. In the principal Act, in sections 51 C and 5lD, for the words "insured person", the

word "employee" shall be substituted.13. After section 5lD of the principal Act, the fol.zwing section shall be inserted,

namelv:-"51 E. An accident occurring to an employee while commuting from his residence

to the place of employment for duty or from the place of employment to his residence,.1\:T performing duty, shall be deemed to have arisen out of and in the course ofemployment if'nexus between the circumstances, time and place in which the accidentoccurred and the employment is established.".

3

Amendmentof section45A

Insertion ofnew section45AA.Appellateauthority

Amendmentof sections51A and SIBAmendmentof sectionsSIC and 5WInsert 10D ofnew section51I'ACCidentshappeningwhilecommuuug tothe place ofwork and VlceY8TSa

14. In section 56 of the principal Act, in sub-section (3), for the third proviso, the Amendmentfollowing proviso shall be substituted, namely:- of section 56

"Provided also that an insured person who has attained the age ofsuperannuation, a person who retires under a Voluntary Retirement Scheme or takespremature retirement. and his spouse shall be eligible to receive medical benefitssubject to payment of contribution and such other conditions as may be prescribedby the Central Government.".15 In section 58 of the principal Act, after sub-section (4), the following Amendment


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TH E GAZETTE O F IN DIA EXTRAO RD INARY [PARTU-

Provided that any reference to the State Government in the Act shall also includereference to the organisation as and when .;~ch organisation is established by theState Government.

(6) The organisation referred to in sub-section (5) shall have such structure anddischarge functions, exercise powers and undertake such activities as may beprescribed.".

Amendment 16. In section 59 of the principal Act., after sub-section (.2), the following sub-sectionof section 59 shall be inserted, namely:-

inSeT1IOD ufnew secnon~9BMedical andpara-medicaleducation

lliWUOf\ut newC:hapter furChapter VA

)('nn lll-(a) "other beneficiaries" means persons other than the person insured under

thrs Act."(b) "Scheme" means any Scheme framed by the Central Government from time to

time under section 73B for the medical facility for other beneficiaries;le) "underutilised hospital" means any hospital not fully utilised by the persons

insured under this Act;(cl) "user charges" means the amount which is to be charged from the other

beneficiaries for medical facilities as may be notified by the Corporation in consultationwith the Central Government from time to time.738. Notwithstanding anything contained in this Act, the Central Government may, by

nouficauon in the Official Gazette, frame Scheme for other beneficiaries and the members oftheir families for providing medical facility in any hospital established by the Corporation inany area which is underutilised on payment of user charges.

ne The user charges collected from the other beneficiaries shall be deemed to be thecontribution and shall form part of the Employees' State Insurance Fund

73 D. The Scheme may provide for all or any of the following matters, namely-(i} the other beneficiaries who may be covered under this Scheme;


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SEC.l] TIlE G AZEITE O F IN DIA EX TRAO RDIN ARY

(iii) the form inwhich the other beneficiary shall furnish particulars about himselfand his family whenever required as may be specified by the Corporation;

(iv) any other matter which u . to be provided for in the Scheme or which may benecessary or proper for the purpose of implementing the Scheme.73E . T he C en tral Government may, by notification in the Official Gazette, add to, amend,

vary or rescind th e Scheme.73F. Every Scheme framed under this Chapter shall be laid, as soon as may be after it is

made, before each House of Parliament while it is in session, for a total period of thirty dayswhich may be comprised in one session or in two or more successive sessions, and if, beforethe expiry of the session immediately following the session or the successive sessionsaforesaid, both Houses agree in making any modification in the Scheme or both Housesagree that the Scheme should not be made. the Scheme shall thereafter have effect only insuch modified form or to be of BO effect, as the case may be; so, however, that any suchmodification or annulment shall be without prejudice to the validity of anything previouslydone under that Scheme. ' .

19. All things done, or, omitted to be done, and all actions or measures taken or nottaken during the period beginning on or after the 3rd day ofJuly, 2008 and ending immediatelybefore the date of commencement ofthe Employees' State Insurance (Amendment) Act, 2010,shall in so fa r as they are in conformity with the provisions of this Act, as amended by theEmployees' State Insurance (Amendment) Act, 20] 0, be deemed to have been done, or taken,or not taken, under the provisions of this Act, as amended by the Employees' State Insurance(Amendment) Act, 2010, as if such pr.9Y~ions were in force at the time such things were doneor omitted to be done and actions or measures taken or not taken during the said period.

20. In section 87 of the principal Act, the following provisos shall be inserted at theend, namely:-

"Provided that such exemptions may be granted only if the employees in suchfactories or establishments are otherwise in receipt of benefits substantially similar orsuperior to the benefits provided under this Act:

Provided further that an application for renewal shall be made three monthsbefore the date of expiry of the exemption period and a decision on the same shall betaken by the appropriate Government within two months of receipt of such application.".21. In section 91A of the principal Act, for the words "either prospectively or

retrospectively", the: word "prospectively" shall be substituted.22. After section 91A of the principal Act, the following section shall be inserted,

namely=-"91 AA. Notwithstanding anything contained in this Act, in respect of

establishments located in the States where medical benefit is provided by theCorporation, the Central Government shall be the appropriate Government. ".

23. In section 95 of the principal Act, in sub-section (2),-(I) after clause (ej), the following clause shall be inserted, namely.-"(efJ) the income of dependant parents from all sources;",

( z z ) after clause (eh), the following clause shall be inserted, namely-

5

Power laamendSchemeLay ing atSchemefram ed underthis Chapter.

Validation.

Amendmento f sectio n 87

Amendmentof section'IIAIn se rt 10 1 1 0 fnew section91AACentralGovernmentto beappropriateGovernmentAmendmentof secuon 95


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6====~~======~~==~==========~=

THE GAZE1TE O F rNDlA EXTRAORD INARY [ P A R T I-Soc.! ]

su peran nu atio n, th e p erso n w ho retires u nd er V o lu ntary R etirem en t S ch em e an dth e p erso n wh o ta ke s p re-ma tu re re tiremen t;".

Amendment 1 ~. In sectio 1l9 6 o fC he prin cip al A ct, in 8ub..action(l), aftwclausc (e), th e fo ll ow ingof section 96. clause sh all be inserted , n am ely : -

"(ee) th e o rg an isatio nal stru ctu re, fu nctio ns, pow ers, activ ities an d o th er m atters fo rth e e sta blishmen t o f th e o rg an isa tio n;".

Amendment 15. In sectio n 97 o f the principal A ct, in sub-section (2), -of section 97. (1 ) in c lause ( X X ) , fo r th e wo rd "In sp ec to rs" , th e wo rd s " So cial S ec urity O ffic ers"

shall be IlUbstituted;(it) a ft er c la us e (xx), th e fo llow in g c la use sh all b e in se rte d, n ame ly :-

"(no) the constitu tion o f the appellate autho rity and the interest o namoun t d ep o site d by th e emplo yer w ith th e C orp oratio n. If,

V .K . BHAS IN ,Secy. to the Govt. of India.


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~ ~{ ' iTo ~o-33004/99 REGD.NO.D.L.-3~

- - .0fIT'Q : n e ([;a~ette o f ~ndia

~n"'QHUIJl:X'mAORDJNARY

"'" IJ-.1I'q ~-wat (U)PART II-Sectioa ~b-IectIoD (U)Q,ft lWii( * U"'i~Ei

PVIIUSHED BY At1I1 lOBlI 'Y~ 1084) "'~, 4'IM4", ';1ft' 1, 2Q10'" 11, 1932No. 1014 J NEW DELHI. 'l'U ESDAY , JU NE I, 2010lJYA.lSTBA. 11 , 1932----==-=::-===============================

~~, 1 ,\",.2010 t.sn. 1296(af).~ ~ ~ (lI'tJ)tr-r)

m~ ZOiO (2010 1IiT 18) 1 f f t tmT I 1 f f t CA-'1TU (2);TU roI ~ 1Ii1m. . m l ~ qRIriR 1f', 2010 1t~ ~ ..t . ln tw fjpm 1 f m f t t~t I J " ' i l q ~f i 1 l { I IIS '$ ~ '11Ift f 'c P t q 'i ~ tltnl

q;1 - 'R ~- 38012lO112008-v:a~.-I ( .. vrm~-~.~~ . . ~

MINISTRY 0)1' LABOURAND EMPlDYMENTNOTJII1CATION

N ew D elhi, the 1st June, 2010s.o. ll96(E).-In exercise of the powers conferred

by sub-tcction (2) o f S ectio n 1 o f the Employeos'~Insunax:e (Arnorvtment) Aa. 2 0 1 0 ( 18 ono 10), t he c .r alOoVCll'DlDCllDt h ereb y a pp oin ts th e lit day o f J u a c , 2010, Uthe elm O D which the said Act, except S ectio n 1 8 dunof.shall come into force.

[ F. No . S -38012 lO1 /2008-S .s.- I(VoL VU)]S. K. DEV VERMAN, Jt Secy.

-------_.-._---------------------------Printed by the Man ClcMImrDanI of India Prca;, RiDe R.oad, Maylpur i . New Dclhi-lI0064and Published IIy the Controller of PubliCllians, Dclhi-lI00S4_


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I< E< iD . N 1hRt :f;,~~ ~ ~ -;m ~ T I t 3P.J 7 I f . ; r ; r r :f;~ ~ ~ ~m 'lf7::m ~ w,P8 1)tl

(ll) ~ ~ - q ~ ~ ~'m 3Pt ~ft~yl!tn 3lf't61f


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2 THE GAZEITE OF INDIA: EXTRAORDINARY [PAI(fII--Sec.3(i)]- -- ~~========~========~~======~~7. ~r..;m'"3tAlTf 15 ~ ~ l( ~.-3Pt1.'11i1Iff1ql!;TU ~ ~ fitNlffil Otf'im "fttn ~ < ti T ~i'fln flttiJiT ~-l{qtf lR f.I 'TJ:J;tU w n t m e t ~ m I

8. ~ lI1n atAt~w 1$T'~-~ .~~ l{{ ~ ~ ~ fit~ffil ~ l!ttT ~ < t i T" l 'fT 1 l ~ ~ o q , * , q " f C f f t aqfilf6 Nm ~~~ ~ 'l iT ~ ;tU 11f4IPt'4ffttt m t c t 1 t ' f t ffi y ~ 3IWT~ ~ ~ 31~~. lW11l I

['q'it 1i ~-38025/1412008-v:a v:a I]~~.~,~~

MiNISTRV OF LABOUR AND EMPWYMENTN

(b) "( 'orporation" means the Emmployees' StaleInsurance Corporation;

(c) "Person" means a person, including members oftheir families, registered under any scheme, otherthan the Employees' State Insurance Schemeframed by the Central Government.

(d) All other words and expressions used and no tdefined in this scheme shall have the meaningrespectively assigned to them in the Act"

4. RegbtratloD.-A person desirous of availingmedical treatment and attendance under the Scheme shallbe required to-

(a) fill a registration form containing such particularsin respect of himself and members of his familyas may b e specified by the Corporation;

(b) produce the Identity Card issued to him by theCorporation or issued under any other schemeframed by the Central Government.

S. BeDenU.--Porsons registered under this Schemeshall be provided medical treatrnent and attendance fromthe underutilized Employees' State Insurance Hospitals.

6. User Charges.-{ I) Persons availing medicaltreatment and attendance under this Scheme shall berequired to pay user charges at such rates as may benotified by the Corporation in consultation with the CentralGovernment.

(2) The user charges collected under sub-paragraph(I)shall be deemed to be contribution and shall fonn partof the Employees' State Insurance Fund.

7. Tlmeand MaDDer ofthe Medinl Facility.- Thetime and manner in which the medical facilities may heavailed by other beneficiaries shall be such as may hespecified by the Corporation from time to time.

8. Maliltenance of Regl.iter and Reconb.~ Theconcerned hospitals shall maintain separate register andrecord of the persons availing medical treatment andattendance under this Scheme and user charges collectedfrom them in such form and manner as may be specified bythe Corporation.

[f.No. 8-38025/14/2008-88 .1 )S. K. DEV VERMAN. Jl Secy.

------ -.--_.--------,--_._- ------- ..--Printed by the M.nqer, Oomnmcnt o r India Pn:ss. Ring Road, Mayllpuri,NewDelhi-I lOOMand Publi.bcd by the COI'Itrollcrof Publications. Delhi-110054. -

esi ammendment

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