Labour Law Gazette Notifications (Updates) Of October-2020: “One Clik”

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Automatic Online Renewal Of License Under The Factories Act In Rajasthan

The Government of Rajasthan vide circular no:2019/PS/00580/536 dated 29th September 2020 in order to enhance Ease of Doing Business in the State, has notified that henceforth, Renewal of License granted under the Factories Act 1948, in accordance with Section 6 and Rule 7 (Renewal of License) of the Rajasthan Factories Rule, 1951 shall be in a transparent, non-discretionary, online and Automatic renewal manner subject to the online deposit of renewal fee through the existing portal of the department (http://rajfab.nic.in). Further, department vide. a banner on the portal states the following:- “Auto-Renewal has been started for renewal of factory license under The Factories Act 1948. Please apply for Factory Renewal through Auto-Renewal Option only”. Hence, Employers having their factories in the State of Rajasthan registered under the Act may note and avail of the mentioned facility for online auto-renewal of license and comply accordingly.

Amendment To Applicability Under The Employees State Insurance Act,1948 For Maharashtra

The Government of Maharashtra vide notification No.ESIC 2015/C.R. 150/RAKAVI-2 has approved the notification dated 10th September 2020 towards amendments under The Employees State Insurance Act,1948. As per the amendment, the act shall extend to Shops, Hotels, Restaurants, Road Motor Transport Establishments, Cinema including preview theatres, Newspaper establishment as defined in Section 2 of the Working Journalists (Condition of Services) and Miscellaneous Provision Act, 1995, wherein ten or more person are employed or were employed on any day of the preceding twelve months.

The Contract Labour (Regulation And Abolition) (Goa Amendment) Act, 2020

The Government of Goa vide notification no7/18/2020-LA has repealed The Contract Labour (Regulation and Abolition) (Goa Amendment) Ordinance, 2020 with ordinary legislation to be known as The Contract Labour (Regulation and Abolition) (Goa Amendment) Act, 2020. As per the amendment, the applicability to the act for the establishments employing twenty or more workmen is increased to fifty or more workmen. 

The Chhattisgarh Minimum Wages Revised Notification (Oct 2020)

The Government of Chhattisgarh vide notification No/08/2020/4502, has revised the VDA effective from 1st October 2020 to 31st March 2021

The Madhya Pradesh Minimum Wages Notification (Oct 2020)

As per notification number 1/11/Five/2015/36273-422, the Government of Madhya Pradesh has released minimum wages for the State of Madhya Pradesh effective from 1st October 2020

The Andhra Pradesh Minimum Wages Notification (Oct 2020)

As per Government Notification No.J/1434/2020, CPI points for minimum wage calculation has been released for the state of Andhra Pradesh with effect from 1st October 2020

Guidelines To Settle The Legitimate Dues Of Workers Under The Payment Of Bonus Act, 1965 In West Bengal

The Government of West Bengal vide circular No. Labr./210/(LC-IR)/3C-01/18 has issued guidelines to be followed by all employers and employees of the state covered under the Payment of Bonus Act, 1965 (”Act”) while settling the legitimate dues of the workers in respect of bonus for the year 2020 in terms of the said Act in the interest of maintenance of Industrial peace and harmony,:- (1) It is expected that the employers would adopt a flexible attitude on the issue of the payment of bonus (2) All establishments where the bonus was paid in the previous year are requested to see that the rate of bonus payable this year is not lower than that of last year. Employers are also requested to consider payment of an amount of exgratia in lieu of bonus as is admissible at the maximum stage to those employees who have crossed the eligibility limit as per the Act (3) All employees, whether in casual employment/re-employment after retirement/employed through contractors and have worked for not less than 30 days during the year should be paid a bonus (4) The employers in default towards payment of bonus for the previous year are requested to make such payments this year along with the bonus for the current year. (5) The Government appeals to all trade unions and employers’ organisation to extend their cooperation in peaceful and effective settlement of industrial disputes concerning bonus without any disruption of work (6) The Government has noted that in many cases, in previous years, employees of the IT sector, Hotel and Restaurants, Shops & Establishments, Security Workers, and some workers in jute mills did not get any bonus. It is hoped that the situation will not be similar this year. (7) All payments of bonus should be made before the commencement of Durga Puja, 2020. Even employers in unorganised sector where most employees are not covered under the Act are expected to pay bonus/ex-gratia to their workers before the commencement of Durga Puja, 2020. Hence, all employers having their establishments in West Bengal may make note of the above guideline and comply accordingly

The Haryana Minimum Wages Notification (Jan 2020)

The Government of Haryana vide Notification I.R- 2/2020/7740-7868 has released the variable dearness allowance towards Minimum Wages effective from 1st January 2020

The Industrial Disputes (Punjab Amendment) Act, 2020

The Government of Punjab vide notification No.17-Leg./2020 has repealed The Industrial Disputes (Punjab Amendment) Ordinance, 2020 with ordinary legislation to be known as The Industrial Disputes (Punjab Amendment) Act, 2020. As per the notification, the existing applicability of Chapter V of the Act, which specifies provisions relating to layoffs, retrenchment, closure of certain establishments, wherein the number of workmen employed is not less than one hundred workmen has been increased to three hundred workmen. In addition to the above, as per the provisions relating to the conditions of retrenchment, the existing compensation which shall be equivalent to fifteen days’ average pay for every completed year of continuous service or any part thereof in excess of six months, an additional condition which will be an amount equivalent to last three months average pay has been introduced.

The Contract Labour (Regulation And Abolition) (Punjab Amendment) Act, 2020

The Government of Punjab vide ordinance No.16-Leg./2020 has repealed The Contract Labour (Regulation and Abolition) (Goa Amendment) Ordinance, 2020 with ordinary legislation to be known as the Contract Labour (Regulation and Abolition) (Punjab Amendment) Act, 2020. As per the notification, the existing applicability of the act for the establishments employing twenty or more workmen has been increased to fifty or more workmen. 

The Telangana Minimum Wages Notification (Oct 2020)

As per the press note released, Commissioner of Labour Telangana, Hyderabad and the Competent Authority under the Minimum Wages Act, 1948 has declared the CPI points for calculation of variable dearness allowance for the state of Telangana with effect from 1st October 2020

The Gujarat Minimum Wages Notification (Oct 2020)

The Government of Gujarat has released the revised Minimum Wages dearness allowance for the State of Gujarat effective 1st October 2020

The Union Territory Of Jammu And Kashmir Reorganisation (Adaptation Of Central Laws) Second Order, 2020

The Central Government vide ordinance no S.O. 3465 (E) dated 5th October 2020 has passed an order to be known as The Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020 to amend The Building And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Act,1996, The Industrial Disputes Act, 1947, The Factories Act, 1948, The Contract Labour (Regulation and Abolition) Act, 1970, The Industrial Employment (Standing Orders) Act, 1946, The Trade Union Act, 1926. Below mentioned are the brief description on the changes brought in by the order, (a) Provisions relating to layoffs, retrenchment, closure of the certain establishment, under Section 25K of The Industrial Disputes Act, 1947 will now be applicable to an industrial establishment where the number of workmen employed is not less than three hundred workmen instead of the existing provision of one hundred workmen and the time limit for submission of the application to Labour Court or Tribunal, in case of dismissal of an individual workman which may be deemed to be an industrial dispute, has been reduced from three years to one year from the date of dismissal, retrenchment, discharge or termination of service as per provisions of the Act. (b) The threshold limit for applicability to the Factories Act, 1948 has now been increased from ten or more workers to twenty or more workers for factories operating with the aid of power and from twenty or more workers to forty or more workers for factories operating without the aid of power. In addition, prior consent of the women worker shall be obtained by the employer for working before 6 am and beyond 7 pm subject to such conditions relating to safety, holidays and working hours or any other condition as prescribed (c) The applicability of The Contract Labour (Regulation and Abolition) Act, 1970 for establishments has been increased from twenty or more workmen to forty or more workmen. 

Puducherry Union Territory List Of Holidays 2021

The Lieutenant Governor of Puducherry has declared the Public Holidays for the year 2021 vide Notification G.O. Ms. No. 80

The Uttar Pradesh Minimum Wages Notification (Oct 2020)

As per notification No. 1362-89/Pravartan-(M.W.)/15 Government of Uttar Pradesh has released Minimum Wages for the state of Uttar Pradesh effective from 1st October 2020 to 31st March 2021

Paid Holiday On 3rd November 2020 For Employees Eligible To Vote In Karnataka Bye-Elections

The Election Commission Of India has notified 3rd November 2020 as the date on which bye-election to the Rajarajeshwari Nagar (RR Nagar) and Sira Constituencies in the State Of Karnataka is scheduled to be held. Now, the Government of Karnataka, Labour Department vide. its circular dated 9th October 2020 has directed employers of Shops, commercial establishments, Factories, and other Establishments to declare for every employee working therein whose name is included in the electoral roll of the two assembly constituencies where the bye-election is to be held on 3rd November 2020, to be allowed on the polling day, a day’s paid holiday to enable them to exercise their franchise. This circular has been issued under Section 3A of the Karnataka Industrial Establishments National Festival Holidays Act, 1963 inter alia covers shops, commercial establishments, factories, etc. The circular further states that employers found in violation of the above said provision, shall be penalized under the Act. Further, vide. Circular dated 16th October 2020, the Factories, Boilers, Industrial Safety And Health Department has also issued similar directions declaring paid holiday for workers of factories in the State who are enrolled as the voters in the above said constituency. Therefore, Employers of Shops, Commercial Establishments, Factories and other establishments in Karnataka are highly advised to comply with these directions issued by the Labour Commissioner and to declare paid holiday to their employees who are registered voters in the said bye-election to the two assembly constituencies in the state

Extension For Renewal Of Membership For Construction Workers In Punjab

Government of Punjab vide notification No. 21/38/15-2L/1496 has notified that construction workers those who stood registered as on 1st September 2017 or were in the grace period of one year and could not renew their membership with the board under The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, such workers would now renew their Registration up to 31st March 2021 on the following terms and conditions:- (i) Such construction worker will furnish a document to ensure that he/she has worked as building worker for at least 90 days in each year during which he/she could not renew his/her membership (ii) Such construction worker will ensure that he/she has deposited arrears of his/her contribution at the rate of rupees ten per month and fine of rupees five per month for the delayed period

The Factories (Goa Amendment) Act, 2020

The Government of Goa vide notification no.7/12/2020-LA dated 12th October 2020 has repealed The Factories (Goa Amendment) Ordinance, 2020 with ordinary legislation to be known as The Factories (Goa Amendment) Act, 2020. As per the notification, the government has increased threshold limit for applicability to the Factories Act, 1948 from ten or more workers to twenty or more workers for factories operating with the aid of power and from twenty or more workers to forty or more workers for factories operating without the aid of power.

The Industrial Disputes (Goa Amendment) Act, 2020

The Government of Goa vide notification no. 7/12/2020-LA dated 12th October 2020 has repealed The Industrial Disputes (Goa Amendment) Ordinance, 2020 with ordinary legislation to be known as The Industrial Disputes (Goa Amendment) Act, 2020. As per the ordinance the time limit for submission of the application to labour court or tribunal, in case of dismissal of an individual workman which may be deemed to be an industrial dispute, has been reduced from three years to one year from the date of dismissal, retrenchment, discharge or termination of service as per provisions of the Act. 

The Central Minimum Wages Notification (Oct 2020)

As per notification F.No. 1 /20(3) /2020-Ls-II, Government of India has released Minimum Wages for the Central sphere effective 1st October 2020

Andaman And Nicobar Islands Union Territory List Of Holidays 2021

As per notification No.18/06/F.No.24(1)/2019-20/LC&DET, the Lieutenant Governor of Andaman and Nicobar has declared the list of General Holidays in the Union Territory of Andaman And Nicobar Islands for the calendar year 2021

Declaration Of Paid Holiday In Haryana For Bye-Election

Governor of Haryana has declared 3rd November 2020 as a paid holiday, for the employees of Shops and Commercial Establishments and workers of Factories in the state who are enrolled as voters in 33-Baroda Assembly Constituency (District Sonepat) to enable them to cast their votes.

Inspections Under Various Labour Laws To Facilitate Ease Of Doing Business In Meghalaya

Government of Meghalaya vide No. LBG.39/2014/Pt/228 has issued an order to introduce computerized systems of Risk Assessment based Inspections with random allocation of Inspecting Officers to facilitate the Ease of Doing Business in the State. As per the order, inspection will be carried out by respective Inspection Officers to categorized establishments as Very Low Risk / Low Risk / Medium Risk / High Risk depending upon the number of workers employed. The frequency for inspection for establishments under the Low-Risk category will be once in three years and Medium Risk Category is once in two years and for establishments under the High-Risk category inspections will be done once in a year. Therefore, the aforementioned scheme shall be applicable to the following acts – (1) The Minimum Wages Act, 1948, (2) The Payment Of Wages Act, 1936, (3) The Equal Remuneration Act 1976 (4) The Payment of Bonus Act 1965 (5) The Payment of Gratuity Act 1972 (6) The Maternity Benefit Act, 1961 (7) The Contract Labour (Regulation And Abolition) Act, 1970 (8) The Meghalaya Shops And Establishments Act, 2003 (9) The Child And Adolescent Labour (Prohibition And Regulation) Act, 1986 (10) The Inter-State Migrant Workmen (Regulation of Employment & Condition of Service) Act 1979.

Extension Of The ABVKY Scheme And Relaxed Eligibility Conditions For Availing Relief Under The Scheme

ESIC vide notification No. E-13/12/9/2020-P.R. has notified the extension of the Atal Beemit Vyakti Kalyan Yojana scheme for the period from 1st July 2020 to 30th June 2021 with relaxation in following eligibility conditions for availing relief under the scheme during the period 24th March 2020 to 31st December 2020 which shall be as under (1) The Insured Person should have been in insurable employment for a minimum period of two years immediately before his/her unemployment and should have contributed for not less than 78 days in the contribution period immediately preceding the unemployment and minimum 78 days in one of the remaining three contribution periods in two years prior to unemployment. (2) The claim shall be due 30 days after the date of unemployment. (3) The claim for relief may be submitted by an IP online in the prescribed claim form duly completed, directly to the Branch office. The payment shall be made in the bank account of the IP within 15 days from the receipt of the duly completed claim. Aadhaar shall be used for the identification of the Insured Person. (4) Relief to the extent of 50 % of the average per day earning during the previous four contribution periods to be paid up to a maximum of 90 days of unemployment. The above-relaxed eligibility conditions shall be applicable for the period 24.03.2020 to 31.12.2020 only. The other conditions as specified in the original Atal Beemit Vyakti Kalyan Yojana scheme as notified on 4th February 2019 shall remain the same. The Atal Beemit Vyakti Kalyan Yojana scheme shall be available with original eligibility conditions for the IPs who became unemployed on or before 23rd March 2020 and on or after 1st January 2021

The Himachal Pradesh Ease Of Compliance To Maintain Registers Under Various Labour Laws Rules, 2020

The Governor of Himachal Pradesh vide notification No. Shram (A)4-8/2019 has promulgated The Himachal Pradesh Ease of Compliance to Maintain Registers under various Labour Laws Rules, 2020. As per the notification, employers are required to maintain combined registers electronically under laws such as (1) The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, (2) The Contract Labour (Regulation and Abolition) Act, 1970, (3) The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, (4) The Minimum Wages Act, 1948, (5) The Payment of Wages Act, 1936.

Telangana Government Declares Holiday On 14th And 15th October 2020 On Account Of Incessant Rains

The General Administration (SPL.E) Department, Government of Telangana vide Govt. Order. No. 1539 dated 14th October 2020, due to unprecedented incessant rain for the last 12 hours and imminent forecast of heavy rains in Telangana State, has declared Holiday under the Negotiable Instruments Act, 1881 to all Government offices, private institutions, including Banks and Financial Institutions, except for the Staff and offices engaged in relief and emergency services. Therefore, employers in the State of Telangana who come under the purview of the Negotiable Instruments Act, 1881 like Government offices, private institutions; including Banks and Financial Institutions are advised to declare Holiday for the establishments in compliance with this notification on 14th October 2020 (Wednesday) and 15th October 2020 (Thursday) , if not already declared a holiday

The Karnataka Shops And Commercial Establishments (Amendment) Act, 2020

The Government of Karnataka vide notification No.40 Of 2020 has amended provision under Section 25 of The Karnataka Shops and Commercial Establishments Act, 1961 towards the regulation of employment of women at night. As per the Amendment, the conditions for the regulation of employment of women during the night in a shop or commercial establishment shall be as follows::- (a) The regulation stipulated under sections 7 (Daily and weekly hours), 8 (Extra wages for overtime work), 9 (Interval for rest), 10 (Spread over) and 12 (Weekly Holidays) of the Act shall continue to apply to the women employee working during night shift (b) Willingness of women employees shall be obtained in writing (c) The establishment shall provide transport facilities from the residence of the woman employee to the workplace and back free of cost and with adequate security. Such transport facility shall have GPS for tracking and monitoring (d) Employment of women employee shall be on a rotation basis (e) An adequate number of security guards shall be posted during the night shift (f) Sufficient restrooms, electricity, latrines lockers, dispensary facility and washing facilities with adequate water supply shall be provided separately for women employees so as to secure privacy (g) The establishment shall bear the cost of crèche obtained by the women employees from voluntary or other organisations (h) The establishment shall obtain Bio-data of each driver and conduct pre-employment screening of the antecedents of all drivers employed on their own. As regards the driver employed through outsourcing, the company shall ensure to its satisfaction that the collection of Bio-data and conduct pre-employment screening of the antecedents of the drivers is carried out by the service provider.

Odisha State List Of Holidays 2021

The Government of Odisha vide notification No RDM-Reg-REGN-0072-2020-30754/R&D.M has released holiday list for the year 2021

The Factories (Uttar Pradesh Amendment) Act, 2020

The Government of Uttar Pradesh vide notification no. 1897(2)/LXXIX-V-I-20-1(ka)33-20 has inserted Section 5A to the Factories Act, 1948, granting the State Government with the power to exempt a factory from the provisions of the Act in the public interest. As per the amendment, the State Government by notification may temporarily exempt new factory or class of new factories whose commercial production starts within a period of one thousand days after the commencement of Factories (Uttar Pradesh Amendment) Act, 2020 from all or any provisions of the Act for a period of one thousand days from the date on which such production starts.

Introduction Of Auto-Renewal System In The State Of Haryana

The State Government of Haryana vide Order no 9439 has introduced the auto-renewal of the licenses under rule 29 of The Haryana Contract Labour (Regulation & Abolition) Rules,1975 read with section 13 (31 of The Contract Labour (Regulation & Abolition) Act, 1970 and under rule 14 of The Haryana Inter-State Migrant Workmen Rules, 1981 read with section 9 (3), 35 (2) (d) of The inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act,1979. As per the notification, the auto-renewal has been approved subject to the following conditions:- (1) The duration of renewal of licenses procured via auto-renewal online system would remain the same as being provided at present as per the Act, which is one year. (2) The provision of auto-renewal will be applicable only in cases where there is no change in the desired fields i.e. name of occupier, name, and address of the factory or establishment, maximum no. of workers except the year/years, etc. from the previous licenses. Whenever there is a change in any condition or requirement in the previous license then in such case the process of online application for renewal will be followed. (3) The fees for auto-renewal have to be deposited by e-GRAS through the website of the Labour Department i.e. https://hrylabour.gov.in/. If the requisite fees are not deposited via e-GRAS and any other method like treasury challan or e-challan is adopted then the usual method of online renewal will be followed

The Odisha Minimum Wages Notification (Oct 2020)

The Government of Odisha vide notification No.6100/LC, has released the Minimum Wages effective from 1st October 2020 for the State of Odisha

Automatic Online Renewal Of License Under The CLRA Act In Rajasthan

The Government of Rajasthan vide circular No.14(13)(37)/2020/22336 in order to enhance Ease of Doing Business in the State has implemented an Auto-Renewal system for Renewal Of License granted under The Contract Labour (Regulation And Abolition) Act, 1970 in accordance with Section 13 and Rule 29 (Renewal of License) of The Rajasthan Contract Labour (Regulation And Abolition) Rules, 1971. Pursuant to the Circular, the provision of online auto-renewal will be applicable in cases where there is no change in the desired fields from the previous license. The license will be renewed automatically upon submission of the prescribed renewal fees on the labour department website. Hence, Employers registered under the Act in the State of Rajasthan may note and avail of the above facility for online auto-renewal of license and comply accordingly

Kerala State List Of Holidays 2021

Government of Kerala vide notification no G. O. (P) No. 15/2020/GAD, has released public holiday list for the year 2021

Order Regarding Auto-Renewal Of License Under Factories Act, 1948 In Haryana

The Labour Department of Haryana vide order no: 2/22/2020-2Lab has approved the auto-renewal of the licenses under rule 10 of the Punjab Factory Rules, 1952 subject to the following conditions:- (1) There shall be no change in particulars of the application for renewal of license i.e. name of occupier, name & address of the factory, maximum horsepower, and maximum no. of workers for the year/years for which is renewal is required. (2) The fee paid is five or ten times the fee specified in the schedule, in case the renewal application is made for five years or ten years, as the case may be (3) The fees are paid through E-GRAS only via the departmental website i.e. www.hrylabour.gov.in through the login I.D of the factory

Introduction Of Electronic Maintenance Of Records Under Various Labour Laws In Haryana

The Labour Department of Haryana vide order no: 2/24/2020-2Lab has issued a notification improving the effectiveness of the ease of doing business by introducing the Information Technology Act, 2020 to keep the records in electronic form. The following rules and laws have been approved by the Department to maintain the records electronically: (1) The Bonded Labour System (Abolition) Act, 1976, (2) The Child Labour (Abolition & Regulation) Act, 1986, (3) The Contract Labour (Regulation and Abolition) Act, 1970, (4) The Equal Remuneration Act, 1976 (5) The Factories Act, 1948 (6) The Industrial Disputes Act, 1947, (7) The Industrial Employment (Standing Orders) Act, 1946, (8) Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, (9) The Maternity Benefit Act, 1961, (10) The Minimum Wages Act, 1948, (11) Motor Transport Workers Act, 1961, (12) The Payment of Bonus Act, 1965, (13) Payment of Gratuity Act, 1972, (14) Payment of Wages Act, 1936, (15) Punjab Industrial Establishments (National and Festival Holidays and Casual and Sick Leave) Act, 1965, (16) Punjab Labour Welfare Fund Act, 1965, (17) Punjab Shops and Commercial Establishments Act, 1958, (18) Sales Promotion Employees (Conditions of Service) Act, 1976, (19) The Building and Other Construction Workers Welfare Cess Act, 1996, (20) The Building and Other Construction Workers (RE & CS) Act, 1996, (21) The Employees’ State Insurance Act, 1948 (22) The Trade Unions Act,1926 (23) The Employee’s Compensation Act, 1923, (24) Working Journalists and other Newspaper Employees and Miscellaneous Provisions (Condition of Service) Act, 1955, (25) Haryana Major Accident Hazard Control Rules, 2009, (26) Unorganized Workers Social Security Act, 2008. 

The Employees’ State Insurance (Central) Amendment Rules, 2020

ESIC vide notification no.G.S.R. 675(E) has omitted Rule 51B of The Employees’ State Insurance (Central) Rules, 1950 which states that in areas where the act is implemented for the first time, the contribution for the initial twenty-four months from such date of implementation for an employer is 3 percent and employee is 1 percent. Now, the contribution rates will be continued at 3.75 percent as employer contribution and 0.75 percent as employee contribution for all newly implemented areas

The Employees’ State Insurance (Central) Rules Amended To Increase Confinement Expenses

ESIC vide notification no.G.S.R. 676(E) has implemented The Employees’ State Insurance (Central) Amendment Rules, 2020. As per the Amendment, for the confinement expenses under Rule 56-A, for the words “rupees five thousand”, the words “rupees seven thousand five hundred” is substituted.

Tamil Nadu State List Of Holidays 2021

As per Tamil Nadu Government Notification G.O.Ms.No.554, the Government of Tamil Nadu has released holiday list for the year 2021

Gujarat State List Of Holidays 2021

The Government of Gujarat vide Notification No.GS/33/2020/PHD/102020/500/GH has released General List of public holidays for the year 2021

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