IRON ORE MINES AND MANGANESE ORE MINES AND CHROME ORE MINES LABOUR WELFARE FUND ACT, 1976
61 of 1976
10 April, 1976
The number of workers in manganese ore mines is substantial and their living condition needs amelioration. Welfare facilities which are at present being enjoyed by workers in mica, coal, iron ore and limestone and dolomite mines industries are proposed to be made available to workers in manganese ore mines also. The Iron Ore Mines Labour Welfare Fund is administered by a well-knit organisation in the States of Bihar, Orissa, Andhra Pradesh, Madhyapradesh, Karnataka, Maharashtra and the Union Territory of Goa, Daman and Diu. Manganese ore which is mostly used in the manufacture of iron and steel, chiefly occurs near the iron ore mines except in the Bhandara district of Maharashra, the Balaghat district of Madhya Pradesh and Srikakulam district of Andhra Pradesh. Since the iron ore occurs in all these three States, it is felt that the existing iron ore mines welfare organisation could, also be entrusted with the task of looking after the welfare of workers in manganese ore mines. In the Barbil-Barajarnda sectors of the States of Orissa and Bihar which contribute over thirty-three per cent of the total manganese ore produced in the country, almost every centre of manganese ore adjoins the iron ore mining area and both the manganese ore miners and the iron ore miners live side by side. A common fund for the welfare of workers in iron ore mines and manganese ore mines will thus considerably reduce the administrative expenditure. It is, therefore, proposed to establish ajoint Iron Ore Mines and Manganese Ore Mines Labour Welfare Fund for providing uniform welfare facilities to the workers employed in the iron ore mines and manganese ore mines. The cess levied on the iron ore and manganese ore under the provisions of the Iron Ore Mines and Manganese Ore Mines Labour Welfare Cess Bill, 1976, after deducting therefrom the cost of collection, would be credited to the proposed Fund. 2. The Fund is intended to supplement and not to supplant the efforts of the employers or the State Governments to ameliorating the living conditions of labour engaged in iron ore mines and manganese ore mines. The purposes for which monies from the Fund can be spent have been mentioned in clause 4 of the Bill. 3. It is proposed to administer the Fund in consultation with an Advisory Committee which will be set up in each of the State which produces iron ore or manganese ore power is being taken by the Central Advisory Committee to co-ordinate the activities of the State Advisory Committees and to ensure their effective functioning. 4. The Bill is mainly designed to achieve the above objective.- Gaz. of India, 5-2-1976, Pt. II, S. 2, Ext., p. 576. Amending Act 45 of 1982.- Chrome ore is mined largely in Orissa in belts contiguous to iron ore mines. It also occurs in small proportions in Karnataka, Maharashtra and Andhra Pradesh. It is mostly used in the production of iron and different type of steels. With the increased production of stainless steel in the country and abroad the demand for chrome ore is growing. About 6,000 workers are employed in chrome ore mines and their living conditions need amelioration. Welfare facilities, which are at present being enjoyed by workers in iron ore and manganese ore mines, are proposed to be made available to workers in chrome ore mines also. 2. As the number of workers engaged in chrome ore mines is small, it may not be practicabe to set up a separate welfare fund and to make separate arrangement for the welfare of these workers. It is therefore, proposed to utilise the machinery and arrangements under the Iron Ore Mines and Manganese Ore Mines Labour Welfare Fund Act, 1976, for the purpose of providing for the welfare of the workers in chrome ore mines also. For this purpose, the Fund under this Act, which is at present for the welfare of the workers in iron ore mines and manganese ore mines, is [Vol. 31] 5 A.M. 29 proposed to be converted into ajoint fund for the welfare of the workers in iron ore mines, manganese ore mines and chrome ore mines. The cess on chrome ore under the amendments proposed to be made to the Iron Ore Mines and Manganese Ore Mines Labour Welfare Cess Act, 1976 by the Iron Ore Mines and Manganese Ore Mines Labour Welfare Cess (Amendment) Bill, 1982, after deducting therefrom the cost of collection and alter due appropriation, would be credited to the said Fund. The said Fund will be utilised for the welfare of persons employed in chrome ore mines in the same manner as in the case of workers in iron ore mines and manganese ore mines. 3. The Bill seeks to achieve the above objects.-Gaz. of India, 11-3-1982, Pt. II, S.
An Act to provide for the financing of activities to promote the welfare of persons employed in the iron ore mines and manganese ore mines. Be it enacted by Parliament in the twenty seventh Year of the Republic of India as follows :-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
- (1) This Act may be called the Iron Ore Mines1[Manganese Ore Mines and Chrome Ore mines Labour Welfare] Fund Act, 1976.
(2) It extends to the whole of India.
(3) It shall come into force on such date2as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different States: Provided that the Central Government may, by notification in the Official Gazette, apply in the first instance the provisions of this Act, only to iron ore mines or only to manganese ore mines,3[or only to chrome ore mines] in a State with effect from such date as may be specified in the notification, and if that Government is satisfied that it is necessary or expedient so to do, it may extend this Act to all iron ore mines4[manganese ore mines and chrome ore mines] in that State with effect from such date as may be specified in the notification published in the Official Gazette.
SECTION 02: DEFINITIONS
- In this Act, unless the context otherwise requires,-
(a) "agent" and "owner" have the meanings respectively assigned to them in clauses (c) and (1) of sub-section (1) ofsection 2 of the Mines Act 1952-;5[(aa) "chrome ore" includes ferro chrome];
(b) "contractor" has the meaning assigned to it in clause (c) of sub-section (1) ofsection 2 of the Contract Labour (Regulation and Abolition) Act, 1970-;
(c) "factory" and "occupier" have the meanings respectively assigned to them in clauses (m) and (n) ofsection 2 of the Factories Act, 1948-;
(d) "Fund" means the Iron Ore Minesb [Manganese Ore Mines and Chrome Ore Mines Labour Welfare] Fund formed undersection 3;-
(e) "manager" means the manager referred to insection 17 of the Mines Act, 1952-;
(f) "manganese ore" includes ferrogenous manganese ore or ferro-manganese ore;
(g) "metallurgical factory" means-
(i) a factory in which iron or steel or manganesec [or chrome] is being processed or manufactured;
(ii) any other factory, being a factory in which iron ore or manganese ore8[or chrome ore] is used for any purpose which the Central Government may, by
notification in the Official Gazette, declare to be a metallurgical factory for the purposes of this Act;
(h) a person is said to be employed in an iron ore mine or manganese ore mine9[or chrome ore mine]-
(1) if he is employed within the premises or in the vicinity of such mine by the owner, agent or manager of such mine or by a contractor or any other agency exclusively in any one or more of the following, namely : -
(i) any iron ore or manganese ore10[or chrome ore] mining operation;
(ii) the operation, servicing, maintenance or repair of any machinery or any part thereof used in or about such mine;
(iii) the loading, unloading or despatch of iron ore or manganese oref [or chrome ore] or any other material connected with the mining of iron ore or manganese ore10[or chrome ore]
(iv) any work in any office, canteen or creche situated within the precincts of such mine;
(v) any welfare, health, sanitary or conservancy services or any watch and
ward duties at any place situated within such premises or vicinity, not being a place occupied by any residential buiding; or
(2) if, in any such area as may be notified by the Central Government in the Official Gazette in this behalf, he is employed by the owner, agent or manager of such mine or by a contractor or any other agency exclusively in the loading, unloading or despatch of iron ore or manganese ore or10 [chrome ore] any other material connected with the mining of iron ore manganese ore10[chrome ore];
(i) "prescribed" means prescribed by rules made under this Act.
SECTION 03: IRON ORE MINES AND MANGANESE ORE MINES LABOUR WELFARE FUND
- There shall be formed a Fund, to be called the Iron Ore Mines11[Manganese Ore Mines and chrome ore mines Labour Welfare Fund] and there shall be credited thereto-
(a) an amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide from and out of the proceeds of duty of customs and duty of excise credited undersection 5-of the Iron Ore Mines11[Manganese Ore Mines and chrome ore mines Labour Welfare] Cess Act, 1976 after deducting therefrom, the cost of collection as determined by Central Government under this Act;
(b) any income from investment of the amount credited under the Act referred to in clause (a) and any other moneys received by the Central Government for the purposes of this Act.
SECTION 04: APPLICATION OF FUND
- The Fund shall be applied by the Central Government to meet the expenditure incurred in connection with the measures which, in the opinion of that Government, are necessary or, expedient to promote the welfare of persons employed in the iron ore mines12[manganese ore mines and chrome ore mines] and in particular-
(a) to defray the cost of measures for the benefit of persons employed in the iron ore mines or manganese ore mines directed towards-
(i) the provision and improvement of public health and sanitation, the prevention of disease and the provision and improvement of medical facilities;
(ii) the provision and improvement of water supplies and facilities for washing;
( iii) the provision and improvement of educational facilities;
(iv) the provision and improvement of housing and recreational facilities including standards of living, nutrition and amelioration of social conditions;
(v) the provision of transport to and from the place of work;
(b) to grant loan or subsidy to a State Government, a local authority or the owner of an iron ore mine or of a manganese ore mine,13[or of a chrome ore mine] in aid of any scheme approved by the Central Government for any purpose connected with the welfare of persons employed in iron ore mines or manganese ore minesc [or chrome ore mines];
(c) to pay annually grants-in-aid to such of the owners of iron ore mines or manganese ore mines14[or chrome ore mines] who provide to the satisfaction of the Central Government welfare measures of the prescribed standard for the benefit of persons employed in their mines, so, however, that the amount payable as grants-in-aid to such owners shall not exceed-
(i) the amount spent by them in the provision of welfare measures as determined by the Central Government or any person specified by it in this behalf, or
(ii) such amount as may be prescribed, whichever is less; Provided that no grant-in-aid shall be payable in respect of any welfare measures provided by the owner of an iron ore mine or of a manganese ore minebc[or of a chrome ore mine] where the amount spent thereon determined as aforesaid is less than the amount prescribed in this behalf;
(d) to meet the allowances, if any, of the members of the Advisory Committee and the Central Advisory Committee constituted undersection 5-andsection 6-respectively and the salaries and allowances, if any, of persons appointed undersection 8-;
(e) any other expenditure which the Central Government may direct to be defrayed from the Fund.
SECTION 05: ADVISORY COMMITTEES
- (1) The Central Government may.-
(a) constiute for each State which produces iron ore or manganese ore15[or chrome ore] an Advisory Committee, or
(b) where16[any two of or all such ores] are produced in a State, constitute, for such State, an Advisory Committee in respect of17["any one of such ores only, or in respect of any two of such ores only, or in respect of all such ores"]; to advice the Central Government on such matters arising out of the administration of this Act as may be referred to it by that Government, including matters relating to the application of the Fund.
(2) Each Advisory Committee shall consist of such number of persons as may be appointed to it by the Central Government of whom one shall be a woman and the members shall be chosen in such manner as may be prescribed : Provided that each Advisory Committee shall include an equal number of members representing Government, the owners of iron ore mines18[, manganese ore mines and chrome ore mines] and the persons employed in the iron ore mines18[, manganese ore mines and chrome ore mines].
(3) The Chairman of each Advisory Committee shall be appointed by the Central Government.
(4) The Central Government shall publish in the Official Gazette the names of the members of every Advisory Committee.
SECTION 06: CENTRAL ADVISORY COMMITTEE
- (1) The Central Government may constitute a Central Advisory Committee to co-ordinate the work of the Advisory Committees constituted undersection 5-and to advise the Central Government on any matter arising out of the administration of this Act.
(2) The Central Advisory Committee shall consist of such number of persons as may be appointed by the Central Government of whom one shall be a woman and the members shall be chosen in such manner as may be prescribed : Provided that the Central Advisory Committee shall include an equal number of members representing the Government, the owners of iron ore mines19[manganese or mines and chrome ore mines] and the persons employed in the iron ore mines19[manganese ore mines and chrome ore mines]
(3) The Chairman of the Central Advisory Committee shall be appointed by the Central Government.
(4) The Central Government shall publish in the Official Gazette the names of the members of the Central Advisory Committee.
SECTION 07: POWER TO CO-OPT., ETC
- (1) The Advisory Committee or the Central Advisory Committee may, at any time and for such period as it thinks fit, co-opt any person or persons to the Advisory Committee,
(2) A person co-opted, under sub-section (1) shall exercise all the powers and functions of a member under this Act, but shall not be entitled to vote.
(3) The Advisory Committee or the Central Advisory Committee may, if it considers it necessary or expedient so to do invite any person to attend its meeting, and when such person attends any meeting, he shall not be entitled to vote thereat.
SECTION 08: APPOINTMENT OF WELFARE COMMISSIONERS, ETC., AND THEIR POWERS
- (1) The Central Government may appoint as many welfare Commissioners, Welfare Administrators, Inspectors and such other officers and staff as it thinks necessary for the purposes of this Act and the Iron Ore Mines20[Manganese Ore Mines and chrome ore mines Labour Welfare] Cess Act, 1976.
(2) The Central Government may, by general or special order, direct a Welfare Com- missioner to appoint such staff as is considered necessary for the purposes of this Act and the Iron Ore Mines20[Manganese Ore Mines and chrome ore mines Labour Welfare] Cess Act, 1976.
(3) Every person so appointed shall be deemed to be a public servant within the meaning ofsection 21 of the Indian Penal Code-.
(4) Any Welfare Commissioner, Welfare Administrator or Inspector may,-
(a) with such assistance, if any, as he may think fit, enter at any reasonable time, any place which he considers it necessary to enter for carrying out the purposes of this Act;
(b) do within such place anything necessary for the proper discharge of his duties; and
(c) exercise such other powers as may be prescribed.
SECTION 09: POWER OF CENTRAL GOVERNMENT TO EXEMPT
- Notwithstanding anything contained in this Act, if the Central Government is satisfied that there is in force in any State or part thereof a law making adequate provision for the financing of activities to promote the welfare of persons employed in the iron ore mines or manganese ore mines21[or chrome ore mines] it may, by notification in the Official Gazette, direct that all or any of the provisions of this Act shall not apply or shall apply to such State or part thereof subject to such exceptions and modifications as may be specified in the notification.
SECTION 10: ANNUAL REPORT OF ACTIVITIES FINANCED UNDER THE ACT
- The Central Government shall, as soon as may be after the end of each financial year, cause to be published in the Official Gazette a report giving an account of its activities financed under this Act during the previous financial year, together with a statement of accounts.
SECTION 11: POWER TO CALL FOR INFORMATION
- The Central Government may require an occupier of a Metallurgical factory or the owner, agent or manager of an iron ore mine or of a manganese ore mine22[or of a chrome ore mine] to furnish, for the purposes of this Act, such statistical and other information in such form and within such period as may be prescribed.
SECTION 12: POWER TO MAKE RULES
- (1) The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the manner in which the Fund may be applied for the measures specified insection 4-;
(b) the conditions governing the grant of loan or subsidy under clause (b) ofsection 4-;
(c) the standard of welfare measures to be provided by owners of iron ore mines or manganese ore mines23[or chrome ore mines] for the purposes of clause (c) ofsection 4-;
(d) the determination of the amount referred to in sub-clause (ii) of clause (c) ofsection 4-and in the proviso to that clause;
(e) the composition of the Advisory Committees and the Central Advisory Committee constituted undersection 5-andsection 6-respectively, the manner in which the members thereof shall be chosen the term of office of such members, the allowances, if any, payable to them including co-opted members and invitees, and the manner in which the Advisory Committees and the Central Advisory Committee shall conduct their business;
(f) the recruitment, conditions of service and the duties of all persons appointed undersection 8-;
(g) the powers that may be exercised by a Welfare Commissioner, Welfare Administrator or an Inspector undersection 8-;
(h) the furnishing to the Central Government by the occupiers of metallurgical factories and the owners, agents or managers of iron ore mines or of manganese ore mines24[or of chrome ore mines] of such statistical and other information as may be required to be furnished, from time to time, by that Government undersection 11-;
(i) the form in which and the period within which statistical and other information are to be furnished under clause (h);
(j) any other matter which has to be or may be prescribed or provided for, by rules under this Act.
(3) In making any rule under clause (h) or clause (i) of sub-section (2), the Central Government may direct that a breach thereof shall be punishable with fine which may extend to five hundred rupees.
(4) Every rule made under this section 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 days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
IRON ORE MINES MANGANESE ORE MINES AND CHROME ORE MINES LABOUR WELFARE FUND RULES, 1978
9th August, 1978
Whereas the draft rules proposed to be made under the Iron Ore Mines and Manganese Ore Mines Labour Welfare Fund Act, 1976 (61 of 1976)was published as required by sub-section (1) ofSec. 12of that Act at pages 770 to 799 of the Gazette of India, Part II.Sec. 3, sub-section (i)dated the 5th March. 1977, under the notification of the Government of India in the Ministry of Labour No. G.S.R. 307. dated the 23rd February, 1977, inviting objections or suggestions from all persons likely to be affected thereby before the expiry of a period of forty-five days from the date of publication of the said notification In the Official Gazette: And whereas the said Gazette was made available to the public on the 5th March. 1977: And whereas the objections and suggestions received from the public on the said draft have been considered by the Central Government : Now, therefore, in exercise of the powers conferred bySec. 12of the said Act, the Central Government hereby makes the following rules, namely :
RULE 1 SHORT TITLE AND COMMENCEMENT
- (1) These rules may be called the Iron Ore Mines2[Manganese Ore Mines and Chrome Ore Mines Labour Welfare] Fund Rules, 1978.
(2) They shall come into force on the 1st day of September, 1978.
RULE 2 DEFINITIONS
-In these rules, unless the context otherwise requires,-
(1) "Act" means the2Iron Ore Mines [Manganese Ore Mines and Chrome Ore Mines Labour Welfare] Fund Act, 1976 (61 of 1976);
(2) "Advisory Committee" means an Advisory Committee constituted underSec. 5of the Act :
(3) "Central Advisory Committee" means of a Central Advisory Committee constituted underSec. 6of the Act:
(4) "Chairman" means the Chairman of an Advisory Committee or the Central Advisory Committee, as the case may be :
(5) "Committee" means the Advisory Committee or the Central Advisory Committee:
(6) "Form" means a form in Sch. VI :
(7) "Fund" means the Iron Ore Mines2[Manganese Ore Mines and Chrome Ore Mines Labour Welfare] Fund formed underSec. 3:
(8) "Member" means a Member of an Advisory Committee or the Central Advisory Committee, as the case may be, and include the Chairman and Vice-Chairman of such Committee:
(9) "Schedule" means a schedule appended to these rules: (10) "Section" means a section of the Act: (11) "treasury" means any Government treasury or sub-treasury:
(12) "Welfare Commissioner" means a Welfare Commissioner appointed underSec. 8.
RULE 3 COMPOSITION OF THE CENTRAL ADVISORY COMMITTEE AND STATE ADVISORY COMMITTEES
- (1) (a)The Central Advisory Committee shall consist of the following persons to be appointed by the Central Government, namely:
(i)3[Chairman):
(ii) an officer of the Central Government who shall be the Vice-Chairman, ex-officio:
(iii) All Welfare Commissioners: ex-officio:
5(iv) Three Welfare Commissioners, to be nominated by the Central Government ex officiol;
(v) such number of persons to represent the persons employed in iron ore mines and
manganese ore mines4[and chrome ore mines] as are equal in number to those provided
in sub-clause (iv) to be appointed after consultation with such organisations, if any, of the persons so employed as may be recognised by the Central Government In this behalf :
(vi) a woman, if no women has been appointed under sub-clause (iv) or sub- clause (v).
(b) The Central Government shall appoint one of its officers as the Secretary of the Central Advisory Committee and the Secretary so appointed shall be entitled to attend and take part in the meetings of the Central Advisory Committee, but shall not be entitled to vote.
(2) (a) Each Advisory Committee shall consist of the following persons, to be appointed by the Central Government, namely :
(i) the Chairman:
(ii)3[Vice-Chairman]
(iii)5[two officers] of the Central Government ex-officio:
(iv) A Member of the Legislative Assembly of the State concerned appointed in consultation with the Government of such State:
(v) two persons to represent the owners of iron ore mines and manganese ore mines3
[Chairman] to be appointed after consultation with such organisations, if any. of the owners of such mines, as may be recognised by the Central Government in this behalf:
(vi) two persons to represent the persons employed in the iron ore mines and manganese
ore mines3[Chairman] to be appointed after consultation with the organisations, if any, of
the persons so employed, as may be recognised by the Central Government In this behalf:
(vii) a woman, if no women has been appointed under sub-clause (u) or sub- clause (vi).
(b) An officer of the Iron Ore6(Manganese Ore Mines and Chrome Ore Mines Labour Welfare] Organisation in the State concerned shall be appointed as the Secretary of the Advisory Committee and the Secretary so appointed shall be entitled to attend and take part in the meetings of the Advisory Committee, but shall not be entitled to vote.
RULE 4 TERM OF OFFICE OF MEMBERS
- (1) (a) A member (other than an ex-officio member) shall, unless he resigns his office, or dies or otherwisevacantsthisofilce at an earlier date, hold office for a period not exceeding three years, as may be specified by the Central Government in each case while making the appointment, from the date of publication in the Official Gazette of the notification appointing him as such member and shall be eligible for re-appointment :Provided that an outgoing member shall continue in office until the appointment of his successor is notified in the Official Gazette.
(b) An ex-ojficio member shall hold oflice during the pleasure of the Central Government.
(2) A member appointed to fill a casual vacancy shall hold office for as long as the member, whose place he fills, would have been entitled to hold office If the vacancy had not occurred.
(3) If a member is unable to attend a meeting of the Central Committee or Advisory Committee, as the case may be, then. in the case of a member appointed under sub-clause (iv) or sub-clause (v) of Cl. (a) of sub-rule (1) ofrule 3or Cl. (a) of sub-rule (2) of that rule, the body which Is represented by him in the Central Advisory Committee or the Advisory Committee, as- the case may be. may. by notice in writing signed on its behalf and by the said member, addressed to the Chairman concerned depule, and In other cases the Central Government may nominate, a substitute in his place to attend the meeting and such deputed or nominated member shall have all the rights of a member in respect of that meeting.
RULE 5 RESIGNATION
- (1) A non-official member other than the Chairman may resign his office by writing under his hand addressed to the Chairman.
(2) The Chairman may resign his office by writing under his hand addressed to the Central Government.
(3) The resignation shall take effect from the date of its acceptance or on the expiry of thirty days from the date of its receipt by the Chairman or. as the case may be. the Central Government, whichever is earlier.
RULE 6 ABSENCE FROM INDIA
- (1) Before a non-official member leaves India he shall intimate to the Chairman the date of his departure from and the date of his expected return to India, and if he intends to be absent from India for a period longer than six months, he shall tender his resignation.
(2) If any such member leaves India without intimation as required under sub-rule (1), he shall be deemed to have resigned with effect from the dale of his departure from India.
RULE 7 VACATION OF OFFICE
-A non-official member shall be deemed to have vacated his office:
(a) if he becomes of unsound mind or is declared insolvent: or
(b) if he is convicted for any offences which, in the opinion of the Central Government, involves moral turpitude: or
(c) if he is absent from three consecutive meetings of the Committee without leave of absence from the Chairman; or
(d) if, in the opinion of the Central Government It is not desirable that he should continue to be a member :
(e) in the case of a member of a Legislative Assembly on his ceasing to be a member of such Legislative Assembly : or
(f) if he ceases to represent the interest for representing which he was appointed.
RULE 8 ALLOWANCES PAYABLE TO MEMBERS
-A non-official member, including a non-official co-opted member or Invitee, shall be entitled to receive travelling allowance and daily allowance as specified In Sch. I in respect of Journeys undertaken In connection with the affairs of the Committee.
RULE 9 DISPOSAL OF BUSINESS
- (1) Every question which the Committee is required to take into consideration shall be considered either at a meeting or. if the Chairman so directs, by sending the necessary papers to every member for opinion: Provided that the papers shall be sent to each member by registered post with acknowledgment due a
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