Business Rules | GO (P).No.4, Dt:28-11-2015

GOVERNMENT OF ANDHRA PRADESH
ABSTARCT
Cabinet – Andhra Pradesh Government Business Rules, 2018 - Notified.
GENERAL ADMINISTRATION (CABINET-II) DEPARTMENT

G.O.(P).No.4                                                              Dt:28.11.2018.

Read:-
    GO.Rt.No.1549, G.A.(Cabinet-II) Department, dt.13.07.2017.
******
ORDER:
In the GO read above, an Officers Committee was constituted for updating the Andhra Pradesh Government Business Rules, consequent on bifurcation of erstwhile AP State and in view of implementation of e-Office, duly deleting the subjects that are not relevant for conducting the business of the new state of Andhra Pradesh.

2. Accordingly, based on the suggestions of the Officers Committee and also inputs received from certain Departments of Secretariat, few amendments were carried out to the Business Rules and the Andhra Pradesh Government Business Rules, 2018 have been prepared, duly reducing the number of Rules from 59 to 22.

3. The Government, after careful examination, hereby notify the Andhra Pradesh Government Business Rules, 2018 annexed to this order.

4. All the functionaries of Secretariat shall follow the above Rules in the transaction of Government Business.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

ANIL CHANDRA PUNETHA
CHIEF SECRETARY TO GOVERNMENT

To
All the Ministers.
The Principal Secretary to the Governor, Raj Bhavan, Hyderabad.
The Registrar, High Court of Andhra Pradesh, Hyderabad.
The Special Chief Secretary to CM/ Principal Secretary to CM/ Secretary to CM/ Addl.Secretary to CM.
All the Spl.Chief Secretaries/ Prl.Secretaries/ Secretaries to Government.
The Secretary to State Legislature, Legislature Secretariat, Amaravati.
All the Departments in Secretariat/All Heads of Departments.
The Commissioner, Printing and Stationery, Vijayawada. (for Printing and Supply of 1000 Copies)

//FORWARDED::BY ORDER//

SECTION OFFICER
(Annexure)

        In exercise of the powers conferred by clauses (2) and (3) of Article 166 of the Constitution of India, the Governor of Andhra Pradesh hereby makes the following rules:

1. Short Title

These rules may be called “The Andhra Pradesh Government Business Rules, 2018”.

2. Definitions

In these rules, unless there is anything repugnant in the subject or context-

Article means an Article of the Constitution of India;

Cabinet means the Committee of the Council consisting of the Cabinet Min- isters;

Case includes the papers under consideration and all previous papers and notes put up in connection therewith to enable the question raised to be disposed of;

Circulation means the submission of files to the Minister or to the Governor for orders;

Council means the Council of Ministers constituted under Article 163;

Department means any of the Secretariat Departments or offices specified in the First Schedule to these rules;

Government Servant will have the meaning assigned to it under Andhra Pradesh Government Fundamental Rules;

Mid-Level Officer means a Deputy Secretary to Government and includes a Joint Secretary and an Additional Secretary;

Minister includes the Chief Minister and the Deputy Chief Minister but does not include a Minister of State or Deputy Minister;

Minister-in-charge means the Minister appointed by the Governor to be in charge of the Department or part of the Department to which a case belongs;

Schedule means a Schedule appended to these rules.

Secretary means a Secretary to the Government of the State and includes a Special Chief Secretary, a Principal Secretary, a Special Secretary and an Ex-officio Special Chief Secretary/Principal Secretary/ Secretary to Government.

Time Limit referred anywhere in these rules means time taken for disposal of a case. In this context ’Immediate’ means less than twenty-four hours, ’Urgent’ means less than three days and ’Ordinary’ means less than five days;

3. Interpretation

Unless the context otherwise requires, the General Clauses Act, 1897, shall apply for the interpretation of these rules as it applies for the interpretation of a Central Act.

SECTION I: ALLOCATION AND DISPOSAL OF BUSINESS

4. Allocation of Business

The business of the Government shall be transacted in the departments specified in the First Schedule.

5. Distribution of subjects among departments

(1) The business of the Government shall be classified and distributed between those departments as laid down in Second Schedule.

(2) The Chief Minister may from time to time amend the First and Second schedules by adding or reducing the departments or by re-distributing the subjects among the departments.

(3) The compiling of the accounts of each Department shall stand allocated to that Department with effect from the date from which the Governor relieves, by order made under the second proviso to sub-section (1) of Section 10 of the Comptroller and Auditor General’s (Duties, Powers and Conditions of Service) Act, 1971, the Comptroller and Auditor General from the responsibility for compiling the accounts of that Department.

6. Allocation of Business among Ministers

(1) The Governor shall, on the advice of the Chief Minister, allot the business of the Government among the Ministers by assigning subjects in one or more departments of the secretariat to the charge of a Minister-

Provided that nothing in this rule shall prevent the assigning of the sub- jects in one department to the charge of more than one Minister.

Note: In cases where orders allotting business have to issue urgently, the allotment may be made by the Chief Minister and the cases circulated to the Governor after issue of orders.

(2) Where a particular department of the Secretariat is in the charge of more than one Minister, the senior most of those Ministers who is substantially concerned with the department shall be deemed to be in administrative charge of the department in respect of establishment and other common matters arising in that department,-

Provided that if in the opinion of the Secretary of that department, any other Minister should also see any such case, the case shall be circulated to such Minister also.

(3)
(a) The subjects in one or more departments of the Secretariat which are not specifically assigned to a Minister under sub-rule (1) and also residuary subjects shall be deemed to have been assigned to the Chief Minister,-

Provided that the subjects which are allied/related to the portfo- lio of the Minister shall automatically stand assigned to the Minister without the need for specific assignment. In case of doubt, the deci- sion of the Chief Minister will be final.

Provided also that when a Minister ceases to hold office for any rea- son, the subjects in one or more departments of the Secretariat as- signed to his charge shall stand assigned to the Chief Minister till the Governor assigns them to any other Minister under sub-rule (1).

(b) When the Chief Minister or any other Minister is absent and unable to attend to his work, his work may be distributed among the other Ministers in such a manner as the Chief Minister thinks fit.

7. Secretary to Government

(1) Each department of the Secretariat shall consist of a Secretary to the Government, who shall be the official head of that Department, and of such other officers and servants subordinate to him as the State Government may determine,-

Provided that,
(i) more than one department, other than the Legislature Department, may be placed in-charge of the same Secretary;

(ii) the work of a department, other than the Legislative Department, may be divided between two or more Secretaries;

(iii) where there is a Special Chief Secretary, Principal Secretary and other Secretaries in a Department, the senior most among them shall be the official head of that department; and they shall deal with such subjects as are allotted and assigned to them by the Chief Secretary as he may deem convenient in the interests of the administration.

(2) The Secretary of the department concerned is in each case responsible for the careful observance of these rules and when he considers that there has been any material departure from them he shall personally bring the matter to the notice of the Minister in charge and the Chief Secretary.

8. Disposal of business by Departments

Without prejudice to the provisions of rule 11(1), the Minister in-charge of a department shall be primarily responsible for the disposal of the business ap- pertaining to that department.

Provided that nothing in this rule shall apply to any business which the Speaker of the Legislative Assembly is competent to dispose of under the Rules of Pro- cedure and Conduct of Business in the Andhra Pradesh Legislative Assembly.

9. Submission of papers and reports

(1) The periodical reports and other papers as called for by the Governor shall be submitted.

(2) The Chief Minister may call for papers from any Department.

(3) The Finance Minister may call for papers from any Department in which financial consideration is involved.

(4) Any Minister or Secretary may ask to see papers in any other Department if they are related to or required for the consideration of any case before him.

10. Inter-departmental consultations

(1) When the subject of a case concerns more than one department, no de- cision be taken or order issued until all such departments have been con- sulted and a decision thereon has been taken by or under the authority of the Cabinet or the Chief Minister -

Provided that any department whose consultation is sought shall give its remarks within the ’time limit’ marked by sponsoring Secretary, failing which concurrence shall be deemed to have been issued.

Explanation: Every case in which a decision, if taken in one Department, is likely to affect the transaction of business allotted to another depart- ment shall be deemed to be a case the subject of which concerns more than one department.

(2) The Sponsoring Secretary may, either on his own or on the directions of Chief Minister or Chief Secretary, call for a meeting of all the Secretaries whose business is affected in order to take the views in a case. The meeting can be chaired by the senior most Secretary or the Chief Secretary to Government. If no decision is reached in this meeting, then matter can be taken up further under rule 10(3). If an agreement is reached in the meeting, consultation process is deemed to be completed.

(3) Orders in cases of disagreement. If the departments concerned are not in agreement regarding the case dealt with under rule 10 (1) and 10 (C & D), the Minister in-charge of the department may, if he wishes to proceed with the case, direct that the case be circulated to all Ministers or submit- ted to the Chief Minister for orders for laying the case before the Council,-

Note: When a case is circulated under this rule, the order of circulation shall be the same as that prescribed in rule 14 (5 & 6).

Provided that where a case relates to the Legislature Department, the procedure laid down in the second proviso to rule 16(2) shall apply and the case shall be submitted to the Chief Minister through the Speaker of the Legislative Assembly and the Minister or Ministers concerned.

(4)
(a) A Minister, instead of calling for any papers/files from any depart- ment not under his charge, may if he is desirous of putting forward his views to the Minister in-charge, do so at a discussion with the said Minister and if the two Ministers do not agree on any point or points, the matter shall be referred to the Chief Minister for his decision thereon.

(b) Where two or more Ministers concerned with a subject express dif- ferent views, the case shall as far as possible, be discussed at a con- ference, such conference being convened by the Minister in-charge of the subject and if there is no agreement even then, it shall be sub- mitted to the Chief Minister for orders whether it should be placed before the Council.

A. Consultation with Finance Department
(1) No department shall, without previous consultation with the Finance De- partment, authorize any order (other than an order pursuant to any gen- eral delegation made by the Finance Department).

(a) which either immediately or by the repercussions, will affect the finance of the State, or which, in particular: -

(i) involves any grant of land or, assignment of revenue or

(ii) involves any concession, grant, lease or licence of mineral or forest rights or right to water, power or easement; or

(iii) in anyway involves any relinquishment of revenue or;

(b) Which relates to the number of grading or cadre of posts or the emoluments or other conditions of service having a direct financial bearing such as pay -scales, allowances etc. or posts.

(2) No proposal which requires the previous consultation of Finance Depart- ment under sub-rule(1) but in which the Finance Department has not concurred, may be proceeded with unless a decision to that effect has been taken by the Cabinet/Council.

(3) No re-appropriation shall be made by any department other than the Finance Department except in accordance with such general delegations as the Finance Department may have made.

(4) Except to the extent that power may have been delegated to the depart- ments, under rules approved by the Finance Department, every order of an administrative department convening a sanction to be enforced in au- dit shall be communicated to the audit authorities by the administrative department with endorsement on the order that the order is issued with the concurrence of the Finance Department or Financial Adviser, as the case may be.

(5) The Secretary, Finance Department may issue concurrence for any case at his level, if he desires and write the Finance Department concurrence number.

(6) Nothing in this rule shall be construed as authorizing any department including the Finance Department to make re-appropriations from one grant specified in the appropriation Act to another such grant.

(7) Deemed assent cases. The Finance Department may by general or special order prescribe cases in which its assent may be presumed to have been given.

B. Consultation with law department
(1) All administrative departments shall consult the Law Department on -

(a) the construction of Statutes, Acts, Regulations and Statutory Rules, Orders and Notifications;

(b) any general legal principles arising out of any case; and

(c) the institution or withdrawal of any prosecution at the instance of any administrative department.

(2) Every such reference shall be accompanied by an accurate statement of the facts of the case and the point or points on which the advice of the Law Department is desired.

C. Consultation with General Administration Department
The General Administration (Services) Department shall be consulted before is- sue of orders with regard to matters involving general policy relating to services, framing of and amendments to service rules, relaxation of rules etc.

D. Consultation with Public Enterprises Department
The Public Enterprises Department shall be consulted in all matters relating to general policy, release of funds and matters in respect of which general guidelines have been issued to public enterprises and also on any proposal specified in item 17 at column (2) of the Third schedule.

SECTION II: PROCEDURE OF THE COUNCIL

11. Collective responsibility

(1) The council shall be collectively responsible for all the executive orders is- sued in the name of the Governor in accordance with these rules, whether such orders are authorised by an individual Minister on a matter apper- taining to his portfolio or as a result of discussion at a meeting of Council or otherwise.

(2) The Chief Secretary, or such other officer as the Chief Minister may ap- point, shall be the Secretary to the Council.

12. Committees of Cabinet

(1) There shall be Standing Committees which term includes Boards, Sub- Committees and Empowered Committees of the Cabinet as set out in the Fourth Schedule to these Rules with the functions specified therein. The Chief Minister may from time to time amend the Schedule by adding to or reducing the number of such Committees, its members or by modifying the functions assigned to them.

(2) Each Standing Committee shall consist of such Ministers as the Chief Minister may from time to time specify.

(3) Subject to the provisions of rule 13, each Standing Committee shall have the power to consider and take decisions on matters referred to it by order of the Chief Minister or by the Cabinet.

(4) Ad hoc Committees of Ministers including Group of Ministers may be appointed by the Cabinet, the Standing Committees of the Cabinet or by the Chief Minister for investigating and reporting to the Cabinet on such matters as may be specified, and, if so authorised by the Cabinet, Standing Committees of the Cabinet or the Chief Minister, for taking decisions on such matters.

(5) To the extent, there is a commonality between the cases enumerated in the Fourth Schedule and the cases set out in the column (2) of Third Schedule, the Standing Committees of the Cabinet, shall be competent to take a final decision in the matter except in cases where the relevant entries in the Fourth Schedule or the Third Schedule, preclude the Committees from taking such decisions.

(6) Any decision taken by a Standing or Ad hoc Committee may be reviewed by the Cabinet.

(7) No case which concerns more than one Department shall be brought before a Standing or Ad hoc Committee of the Cabinet until all the Departments concerned have been consulted. The Sponsoring Secretary shall proceed with processing the case if no remarks are received from the consulted department within the ’time limit’ marked by him.

13. Cases to be placed before Cabinet

(1) All cases specified in the column (2) of Third Schedule except cases cov- ered by sub-rule (5) of rule 12 shall be brought before the Cabinet:-

Provided that no case which concerns more than one Department shall, save in cases of urgency, be brought before the Cabinet until all the Departments concerned have been consulted.

Provided further that no case for which specific powers have been delegated to Departments or Public Sector Undertakings under a decision of the Cabinet or a Standing Committee of the Cabinet and duly notified by the concerned Department, shall be brought before the Cabinet except with the orders of the Chief Minister.

(2) The Chief Minister may from time to time amend the column (2) of Third Schedule by adding to or reducing the number or class of cases required to be placed before the Cabinet.

(3) All cases referred to in the column (2) of Third Schedule shall be brought up for consideration at a meeting of the Council,-

Provided that where the Secretary of the Department or the Minister in-charge feels that in view of the urgency a decision should be taken in a case either in circulation to all the Ministers, or by the Chief Minister, the connected file shall be circulated to the Chief Minister for a decision regarding the method to be adopted.

Provided further that where a decision is taken in a case without bringing up the matter at a meeting of the council, it shall be placed before the Council at its next meeting for ratification.

Provided also that in cases not falling under 2nd column of Third Schedule, if the Minister concerned considers the matter to be of great importance and requires approval of the Council, prior approval of the Chief Minister shall be taken for bringing it up at the meeting of the Council.

(4) In all cases where a matter is to be brought up at the meeting of the Council or a decision is to be taken through circulation to all the Ministers, the Secretary of the Department concerned shall prepare a Memorandum for the Council of Ministers and circulate it to the Minister concerned for approval through the Chief Secretary.

14. Instructions on Cabinet Procedure

(1) Conduct of council meetings:-

The Council shall meet at such place and time as the Chief Minister may direct.

(2) Agenda:-
If any Minister is on tour, the agenda shall be forwarded to the Secretary in the department concerned who, if he considers that the discussion of any case should await the return of the Minister, may request the Secretary to the Council to take the orders of the Chief Minister for postponement of the discussion of the case until the return of the Minister.

(3) Presiding Officer:-
The Chief Minister or in his absence, any other Minister nominated by him, shall preside at every meeting of the Council. The Council may by general or special invitation request the Governor to preside at the meetings of the Council.

(4) Note taking: -
The Secretary to the Council shall attend all the meetings of the Council and shall prepare a record of the decisions. The minutes shall contain only the record of the decisions without any statement of reasons there for. A copy of such record shall be supplied to the Governor. Copies of the record of decisions in the relevant cases shall also be communicated to the Secretaries concerned for follow-up action.

(5) Resolutions by circulation:-
In all cases where a decision is sought to be taken through circulation to all the Ministers, if the Ministers are not unanimous or if the Chief Minister thinks that a discussion at a meeting is necessary, the case shall be discussed at a meeting of the Council.

(6) If it is decided to circulate any such case to the Ministers, copies of all papers relating to the case which are circulated among the Ministers shall simultaneously be sent to the Governor. Where such case is circulated in original to the Ministers, it should be circulated to the Governor also after all the Ministers have seen.

(7) In cases which are circulated for opinion under Rules 13(1),13(3), 14(5) and 14(6), if any Minister fails to communicate his opinion to the Secretary to the Council within ’time limit’ specified by him in the memorandum for circulation, it shall be assumed that he has accepted the recommendations contained therein.

(8) If the Ministers have accepted the recommendations contained in the memorandum for circulation or the date by which they were required to communicate their opinion has expired, the Secretary to the Council shall submit the case to the Chief Minister. If the Chief Minister accepts the recommendations and if he has no observation to make, he shall return the case to the Secretary to the Council who will pass it on to the Secretary concerned who will thereafter take steps to issue the necessary orders.

(9) A memorandum to cabinet shall be prepared by the department to which the case belongs duly discussing the comments of the departments consulted and approved in circulation to the Chief Minister through the Secretary to Cabinet. However, no memorandum for the Council of Ministers shall be brought before the Council without being seen by the Secretary to the Council.

(10) In all cases where the Council has taken a decision without a formal Memorandum being placed before it, the Minister in-charge shall, except in Top Secret Cases, ensure that a formal Memorandum is brought before the Council at its next meeting explaining in detail the proposal which was considered, the decision taken and the implications thereof.

(11) Top Secret Cases:-
No memorandum shall be circulated in the case of Top Secret cases. The Minister in-charge may orally explain the case.

(12) Urgent Cases:-
In urgent cases, the Chief Minister will decide whether the matter will be approved by circulation method or ratification method.

(a) Circulation method: the matter will be approved through circula- tion to Ministers duly giving a deadline for communicating views to Secretary to Cabinet, after which the Chief Minister will take a decision; or

(b) Ratification method: approved by Chief Minister and placed before next cabinet for ratification.

(13) Inter-ministerial consultation. In cases which concern more Ministers than one, the Ministers shall attempt by previous discussion to arrive at an agreement. If an agreement is reached the Memorandum referred to in rules 13(1&3) and 14 (5 to 12) shall contain the joint recommendations of the Ministers; and if no agreement is reached, the Memorandum shall state the points of difference and the recommendations of each of the Ministers concerned.

(14) Implementation of decisions of Council. When a case has been decided by the Council after discussion at a meeting, the Minister concerned shall take action to give effect to the decision. Whenever a deviation has to be made from a decision taken at a meeting of the Council of Ministers, such a deviation should be got approved by the Council of Ministers or in case of urgency by the Chief Minister. Where a deviation has been got approved by the Chief Minister due to urgency, it should be got ratified later by placing it before the Council.

(15) The decision of the Council relating to each case shall be separately recorded and after approval by the Chief Minister or any other Minister presiding, shall be kept by the Secretary to the Council. A copy of the decision shall be sent to the Governor.

SECTION III: DEPARTMENTAL DISPOSAL OF BUSINESS

15. Cases to be circulated to the Chief Minister and the Governor

(1) Notwithstanding anything contained in these rules, the classes of cases in column (3) of Third Schedule shall be submitted to the Chief Minister by the Secretary through the Minister in charge, before issue of orders.

(2) Notwithstanding anything contained in any other provision of these rules, the Chief Minister shall have power to pass orders or modify decisions already taken in respect of matters allocated to a Minister under these rules; and the orders as so passed by the Chief Minister shall supersede a decision already taken by the Minister in-charge of the subject.

(3) The classes of cases in column (4) of Third Schedule shall be submitted by the Chief Minister to the Governor before issue of orders.

16. Minister’s Standing Orders

(1)
(a) Except as otherwise provided by any other rule, cases shall be dis- posed of by or under the authority of the Minister in-charge who may by means of standing orders give such directions as he thinks fit for the disposal of cases in the department. In addition, he shall arrange by means of another set of standing orders with the Secretary of the Department what matters or classes of matters should be brought to his personal notice and what other matters may be disposed of at the level of the Secretary of the department concerned. Copies of both sets of standing orders shall be sent to the Chief Minister.

(b) Whenever there is change in the Minister-in-charge, the standing orders shall be placed before the new Minister and approval taken for reissue with such modifications as may be made by him.

(c) In respect of Legislature Department, such standing orders shall be given after consultation with the Speaker of the Legislative Assembly.

(2) Submission of cases to Minister. Except as otherwise provided in these rules or Secretariat Instructions, cases shall be submitted by the Secretary in the department to which the case belongs to the Minister-in-charge.

Provided that where the case relates to a matter in which the Minis- ter concerned has a personal interest, it shall be submitted to the Chief Minister who may direct that the case shall be circulated to any one or more of the other Ministers:

Provided further that cases in the Legislature Department which require the sanction of the Government shall be submitted to the Minister in- charge after the approval of the Speaker of the Legislative Assembly and where there is any difference of opinion between the Speaker and the Min- ister in - charge, in any case, such case shall be decided by the Chief Minister either by himself or by joint discussion with the Speaker and the Minister in-charge and any other Minister or Ministers concerned, as the case may be.

17. Powers of Chief Secretary

(1) The Chief Secretary may, on the orders of the Chief Minister or of any Minister or on being apprised by a Secretary of a department or on his own motion, call for papers/ files relating to any case in any department and any such request by him shall be complied with by the Secretary of the department concerned.

(2) The Chief Secretary may, after examination of the case, submit it for the orders of the Minister in-charge or of the Chief Minister,-

Provided that nothing in this rule shall apply to papers of Legislature Department which the Speaker of the Legislative Assembly is competent to dispose of under the Rules of Procedure and Conduct of Business in the Andhra Pradesh Legislative Assembly.

(3) Cases needing circulation through CS.
(a) Only important cases involving adoption of new principles, new schemes and proposals suggesting amendments to existing service rules and practices shall be circulated to the Ministers concerned by the Secretaries of the respective departments through the Chief Secretary to Government.

(b) The Government shall sue or be sued in the name of Secretary and the Chief Secretary shall not be made respondent in any case.

(4) Delegation to dispose cases by CS/ Secretary. Notwithstanding anything in these Rules, where in any case it becomes necessary so to do, in order to give effect to a direction of any court or to meet any exceptional situation, the Chief Minister may nominate the Chief Secretary to Government or any Secretary to Government to hear and dispose of such cases.

(5) Exemption of circulation due to court directives.
(a) Notwithstanding anything contained in these rules, where in any case the Government have made an order under rule 8 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules,1991, placing a member of service under suspension, such order of suspension can be revoked by the Chief Secretary without obtaining orders in circulation of the Minister concerned or the Chief Minister if it becomes necessary so to do in order to give effect to the direction or order of any Tribunal or Court.

(b) The Secretary concerned shall submit to the Minister concerned or the Chief Minister the copies of the order made under sub-rule (1) for information.

SECTION IV: SUPPLEMENTARY

18. Orders in the name of Governor

All orders or instruments made or executed by or on behalf of the Government of the State shall be expressed to be made or executed in the name of the Governor.

19. Authentication of orders

Every order or instrument of the Government of the State shall be signed, digitally or in ink, by a Secretary or a Mid-level-officer or Assistant Secretary to Government of Andhra Pradesh or such other officer as may be specially em- powered in that behalf by the Secretary and such signature shall be deemed to be the proper authentication of such order or instrument.

20. Amendments

These rules may to such extent as may be necessary be supplemented by instructions to be issued by the Chief Minister.

21. Rules Interpretation

(1) If any question arises as to the interpretation of these rules or as to the department to which a case properly belongs, the matter shall be referred to the Chief Secretary for a decision.

(2) Orders issued under the previous Business Rules shall continue to be in force unless they are contrary to these rules or modified under these rules.

22. Departure from rules

The Chief Minister may, in any case or classes of cases permit or condone a departure from these rules, to the extent he deems necessary.

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