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LUNACY ACT, 1912
4 of 1912
16th March, 1912
An Act to consolidate and amend the Law relating to Lunacy. WHEREAS it is expedient to consolidate and amend the law relating to lunacy ; It is hereby enacted as follows:-
SECTION 01: SHORT TITLE EXTENT
2[(2) It extends to the whole of India3[except the State of Jammu and Kashmir].]
SECTION 02: SAVINGS
Nothing contained in Part II shall be deemed to affect the Savings powers of any High Court 4** * * over any person found to be a lunatic by inquisition or over the property of such lunatic or the rights of any person appointed by such Court as guardian of the person or manager of the estate of such lunatic.
SECTION 03: DEFINITION
In this Act, unless there is anything repugnant in the subject or context,-
(1) "asylum" means an asylum1[or mental hospital] for lunatics established or licensed 5 by 6[the Central Government or any State Government]]:
(2) "cost of maintenance " in an asylum includes the cost of lodging, maintenance, clothing, medicine and care of a lunatic and any expenditure incurred in removing such lunatic to and from an asylum1[together with any other charges specified in this behalf by the 7[State Government], in exercise of any power conferred upon 8[it] by this Act]:
(3) "District Court" means the principal Civil Court of original jurisdiction in any area outside the local limits for the time being of the Presidency-towns.
(4) "criminal lunatic" means any person for whose1[detention] in, or removal to an asylum, jail or other place of safe custody an order has been made in accordance with the provisions of section 466-orsection 471 of the Code of Criminal Procedure
1898-or of section 30 of the Prisoners Act, 1900, 10[or of section 103A of the 'Indian Army Act, 1911]:
11[(4A) "India" moans the territory of India excluding the State of Jammu and Kashmir.]
(5) "lunatic" means an idiot or person of unsound mind
(6) "Magistrate" means a Presidency Magistrate. District Magistrate, Sub-Divisional Magistrate or a Magistrate of the first class specially empowered by the State Government to perform the functions of a Magistrate under this Act:
(7) "medical officer" means a gazetted10 [medical officer in the service of the Government], and includes a medical practitioner declared by general or special order of the State Government to be a medical officer for the purposes of this Act:
(8} " medical practitioner" means a holder of a qualification to practice medicine and surgery which can be registered in the United Kingdom in accordance with the law for the time being in force for the registration of medical practitioners, and includes any person declared by general or special order of the State Government to be a medical practitioner for the purposes of this Act:
(9) "prescribed" means prescribed by this Act or by rule made there under :
(10) "reception order" means an order made under the provisions of this Act for the reception into an asylum of a lunatic other than a lunatic so found by inquisition:
(11) "relative" includes any person related by blood, marriage or adoption: and
(12) "rule" means a rule made under this Act
13* * * * * *
SECTION 04: RECEPTION OF PERSONS IN ASYLUM.
14(1) No person other than a criminal lunatic or a lunatic so; found by inquisition shall be received or detained in an asylum without' a reception order save as provided by sections 8-,16 -and98 -: Provided that any person in charge of an asylum may, with the consent of two of the visitors of such asylum, which consent shall not be given except upon a written application from the intending boarder receive and lodge as a boarder in such asylum any person who is desirous of submitting himself to treatment.
(2) A boarder received in an asylum under the proviso to sub- section (1) shall not be detained in the asylum for more than twenty- four hours after he has given to the person in charge of the asylum notice in writing of his desire to leave such asylum.
SECTION 05: APPLICATION FOR RECEPTION ORDER
(1) An application for reception order shall be made by petition accompanied by a statement of particulars to the Magistrate within the local limits of whose Jurisdiction the alleged lunatic ordinarily resides shall be in the form prescribe and shall be supported by two medical certificates on separate sheets of paper one of which certificates shall be from a medical officer.
(2) If either of the medical certificates any relatives, partner or assistant of the lunatic or of the petitioner the petition shall state the fact and where the person signing is a relative the exact manner in which he is related to the lunatic or petitioner.
(3) The petition shall also state whether any previous application has been presented for an inquiry into the mental capacity of the alleged lunatic in any Court; and if such application has been made, a certified copy of the order made thereon shall be attached to the petition
(4) No application for a reception order shall be entertained in any area outside the Presidency-towns unless the State Government has, by notification in the Official Gazette declared such area as an areas in which reception orders may be made".
SECTION 06: APPLICATION BY WHOM TO BE PRESENTED.
15[(1) Subject to the provisions of sub-section (3) the petition shall be presented by the husband or the wife of the alleged lunatic, or, if there is no husband or wife or the husband or wife is prevented by reason of insanity, absence from India or otherwise from making Or presentation, by the nearest relative of the alleged lunatic who is not so prevented.]
(2)16[It the petition is. not presented by the husband or wife, or where there is no husband or wife, by the nearest relative of the alleged lunatic, the petition] shall contain a statement of the reasons why it is not so presented, and of the connection of the petitioners with the alleged lunatic, and the circumstances under which he presents the petition.
(3) No person shall present a petition unless he has attained the age of majority as determined by the law to which he is subject, and has within fourteen days before the presentation of the petition, personally seen the said lunatic.
(4) The petition shall be signed and verified by the petitioner, and the statement of prescribed particulars by the person making such statement.
SECTION 07: PROCEDURE UPON PETITION FOR RECEPTION ORDER
(1) Upon the presentation of the petition the Magistrate shall consider the allegations in the petition and the evidence of lunacy appearing by the medical certificates.
(2) If he consider that there are grounds for proceeding further, he shall personally examine the alleged lunatic unless fur reasons to be recorded in writing he thinks it unnecessary or inexpedient so to do.
(3) If he is satisfied that a reception order may properly be made forthwith, he may make the same accordingly.
(4) If he is not so satisfied, he shall fix a date (notice whereof shall be given to the petitioner and to any other person to whom in the opinion of the Magistrate notice should be given for the consideration of the petition, and he may make such further or other inquiries of or concerning the alleged lunatic as he thinks fit.
SECTION 08: DETENTION OF ALLEGED LUNATIC PENDING ENQUIRY
Upon the presentation of the petition, the Magistrate may make such order as he thinks fit for the suitable custody of the alleged lunatic pending the conclusion of the inquiry
SECTION 09: CONSIDERATION OF PETITION
The petition shall be considered in private in the presence of the petitioner, the alleged lunatic (unless the Magistrate in his discretion otherwise directs), any person appointed by the alleged lunatic to represent him and such other persons as the Magistrate thinks fit.
SECTION 10: ORDER
(1) At the time appointed for the consideration of the petition, the Magistrate may either make a reception order or dismiss the petition, or may adjourn the same for further evidence or inquiry, and may make such order as to the payment of the costs of the inquiry by the person upon whose application it was made, or out of the estate of the alleged lunatics if found to be of unsound mind, or otherwise as he thinks fit.
(2) If the petition is dismissed, the Magistrate shall record in writing his reasons for dismissing the same, and shall deliver or cause to be delivered to the petitioner a copy of such order.
SECTION 11: FURTHER PROVISIONS AS TO RECEPTION ORDER ON PETITION
No reception order shall be made under section 7 or section 10 save in the case of a lunatic who is dangerous and unfit to be at large, unless -
(a) the magistrate is satisfied that the person in charge of an asylums is willing to receive the lunatic, and
(b) the petition or some other person engages in writing to the satisfactions of the Magistrate to pay the cost of maintenance of the lunatic.
SECTION 11A: POWER APPOINT SUBSTITUTE FOR THE PERSON UPON WHOSE APPLICATION A RECEPTION ORDER HAS BEEN MADE
(1) The magistrate may, subject to the provisions of this section, by order in writing (hereinafter referred to as an order of substitution), transfer the duties and responsibilities under this Act of the person on whose petition a reception order has been made to any other person who is willing to undertake the same, and such other person shall thereupon be deemed of the purpose of this Act to be the person on whose petition the reception order was made, and all references in this Act to such last mentioned person shall be construed accordingly: Provided that no such order of substitution shall release the person upon whose petition the reception order was made or, if he is dead, his legal representative from any liability incurred before the order of substitution was made.
(2) Before making any order of substitution, the Magistrate shall send a notice to the person upon whose petition the reception order was made, if he is alive, and to any relative of the lunatic to whom, in the opinion of the magistrate, notice should be given; the notice shall specify the name of person in whose favour it is proposed to make such order and the date, which shall be not less than twenty days from the sending of the notice, upon which any objection to the making of the order will be considered.
(3) On such date or any subsequent date to which the proceedings may be adjourned, the Magistrate shall consider any objection made by any person to whom notice has been sent, or by any other relative of the lunatic, and shall receive all such evidence as may be produced by or on behalf of any of such persons and such further evidence, if any, as the Magistrate thinks necessary, and may thereafter make or refrain from making an order of substitution:
Provided that, if the person on whose petition the reception order was made is dead and any other person is willing and, in the opinion of the Magistrate fitted to undertake the duties and responsibilities under this Act of such first-mentioned person, the Magistrate shall make such an order.
(4) If in proceedings under this section any question arises as to the person to whom the duties and responsibilities under this Act of a person upon whose petition a reception order has been made shall be entrusted the Magistrate shall give preference to the person who is the nearest relative of the lunatic, unless, for reasons to be recorded in writing the Magistrate considers that such preference would not be in the interests of the lunatic.
(5) The Magistrate may make such order for the payment of the costs of an inquiry under this section by any person who is a party thereto or out of the estate of the lunatic, as he thinks fit.
(6) Any notice under sub-section (2) may be sent by post to the last know n address of the person for whom it is intended]
SECTION 11B: RECEPTION ORDER IN CASE OF LUNATICS FROM FOREIGN STATE IN INDIA
(1) When an arrangement has been made with any foreign European State with respect to the reception of lunatics in asylums in19[India], the Central Government may, by notification in the Official Gazette, direct that reception orders may be made under this Act in the case of any lunatic or class of lunatics residing in the territories in India of such foreign European State, and shall in such notification specify the State or States within which such reception orders may be made (2) On publication of a notification under sub-section (1), the provisions of this Act as to the making of reception orders on petition and for temporary detention in suitable custody shall apply in the case of such lunatics, with the following modifications, namely:-
(a) an application for a reception order may be made by petition presented by such officer or agent of the foreign State in which the alleged lunatic ordinarily resides, as may by general or special order be approved by the State Government in this behalf ;
(b) the functions of the Magistrate shall be performed by such officer as the State Government may, by general or special order, appoint in this behalf, and such officer shall be deemed to be the Magistrate having jurisdiction over the alleged lunatic for all the purposes of the said provisions ;
(c) for the purposes of sections 5-and18(1)-, the expressions "medical officer" and " medical practitioner" shall include such person or class of persons as the State Government may specify in this behalf ;
(d) the Magistrate may in his discretion extend the period prescribed by section 19-within which the alleged lunatic must have been medically examined ; and
(e)sections 6(2)-, (2), (3),Section 11-,20[11A] and34-of the Act, shall not apply, and with such other modifications, restrictions or adaptations as the Central Government may, by notification in the Official Gazette, direct for the purpose of facilitating the application of the said provisions.
(3) A reception order made under this section shall be deemed to be a reception order made under section 7-orsection 10 -, as the case may be
SECTION 12: RECEPTION ORDER IN CASE OF A EUROPEAN LUNATIC SOLDIER, SAILOR OR AIRMAN.
When any European who is subject to the provisions of the 21Army Act,22[the Naval Discipline Act or that Act as modified by the Indian Navy (Discipline) Act, 1934],23[the Air Force Act or the5Indian Air Force Act, 1932] has been declared a lunatic in accordance with the provisions of the military,22[naval]24[or air force] regulations in force for the time being, and it appears to any administrative medical officer that he should be removed to an asylum, such administrative medical officer may, if he thinks fit, make a reception order under his hand for the admission of the said lunatic into any asylum which has been duly authorised20for the purpose by the Central Government.
SECTION 13: POWER AND DUTIES OF POLICE IN RESPECT OF WANDERING OR DANGEROUS LUNATICS AND LUNATICS CRUELLY TREATED OF NOT UNDER PROPER CARE AND CONTROL
(1) Every officer in charge of a police-station may arrest or cause to be arrested all persons found wandering at large within the limits of his station whom he has reason to believe to be lunatics, and shall arrest or cause to be arrested all persons within the limits of his station whom he has reason to believe to be dangerous by reason of lunacy. Any person so arrested shall be taken forthwith before the Magistrate.
(2) Every officer in charge of a police-station who has reason to believe that any person within the limits of his station is deemed to be a lunatic and is not under proper care and, control, or is cruelly treated or neglected by any relative or other person having the charge of him, shall immediately report the, fact to the Magistrate.
SECTION 14: RECEPTION ORDER IN CASE OF WANDERING AND DANGEROUS LUNATICS
Whenever any person is brought before a Magistrate under the provisions of sub-section (1) of section 13 -, the Magistrate shall examine such person, and if he thinks that there are grounds for proceeding further, shall cause him to be examined by a medical officer, and may make such other inquiries as he thinks fit; and if the Magistrate is satisfied that such person is a lunatic and a proper person to be obtained, he may, if the medical officer who has examined such person gives a medical certificate with regard to such person, make a reception order for the admission of such lunatic into an asylum :
Provided that, if any friend or relative desires that the lunatic be sent to a licensed asylum and engages in writing to the satisfaction of the Magistrate to pay the cost of maintenance of the lunatic in such asylum, the Magistrate shall, if the person in charge of such asylum consents, make a reception order for the admission of the lunatic into the licensed asylum mentioned in the engagement:
Provided further that if any friend or relative of the lunatic enters into a bond with or without sureties for such sum of money as the magistrate thinks fit, conditioned that such lunatic shall be properly taken care of, and shall be prevented from doing injury to himself or to others, the Magistrate, instead of making a reception order may if he thinks fit, make him over to the care of such friend or relative.
SECTION 15: ORDER IN CASE OF LUNATIC CRUELLY TREATED OR NOT UNDER PROPER CARE AND CONTROL.
(1) If it appears to the Magistrate, on the report of a police officer or the information of any other person, that any person within the limits of his jurisdiction deemed to be a lunatic is not under proper care and control or is cruelly treated or neglected by any relative or other person having the charge of him, the Magistrate may cause the alleged lunatic to be produced before him, and summon such relative or other person as has or ought to have the charge of him.
(2) If such relative or other person is legally bound to maintain the alleged lunatic, the Magistrate may make an order for such alleged lunatic being properly cared for and treated, and. if such relative or other person willfully neglects to comply with the said order, the Magistrate may sentence him to imprisonment for a term which may extend to one month.
(3) If there is no person legally bound to maintain the alleged lunatic, or if the Magistrate thinks fit so to do, he may proceed as prescribed in section 14-, and upon being satisfied in manner aforesaid that the person deemed to be a lunatic is a lunatic and a proper person to be detained under care and treatment may, if a medical officer gives a medical certificate with regard to such lunatic, make a reception order for the admission of such lunatic into an asylum.
SECTION 16: DETENTION OF ALLEGED LUNATIC PENDING REPORT BY MEDICAL OFFICER
(1) When any person alleged to be a lunatic is brought before a Magistrate under the provisions of section 13-orsection 15-, the Magistrate may, by an order in writing, authorise the detention of the alleged lunatic in suitable custody- for such time not exceeding ten days as may be, in his opinion, necessary to enable the medical officer to determine whether such alleged lunatic is a person in respect of whom a medical certificate may be properly given,
(2) The Magistrate may, from time to time, for the same purpose by order in writing, authorise such further detention of the alleged lunatic for periods not exceeding ten days at a time as he thinks necessary:
Provided that no person shall be detained in accordance with the provisions of this section for a total period exceeding thirty day from the date on which he was first brought before the Magistrate.
SECTION 17: COMMISSIONER OF POLICE, ETC., TO ACT IN THE PRESIDENCY TOWN.
All acts which the Magistrate is authorised or required to do by section 14 -,15-or16 -may be done in the Presidency-towns26* * * by the Commissioner of Police"; and all duties which an officer in charge of a police-station is authorised or required to perform may be performed in any of the Presidency-towns by an officer of the police force not below the rank of an inspector. Further provisions as to reception orders and medical certificates
SECTION 18: MEDICAL CERTIFICATES.
(1) Every medical certificate under this Act shall be made and signed by a medical practitioner or a medical officer, as the case may be and shall be in the form prescribed.
(2) Every medical certificate shall state the facts upon which the person certifying has formed his opinion that the alleged lunatic is a lunatic, distinguishing facts observed by himself from facts communicated by others; and no reception order on petition shall be made upon a certificate founded only upon facts communicated by others.
(3) Every medical certificate made under this Act shall be evidence of the facts therein appearing and of the judgment therein stated to have been formed by the person certifying on such facts, as if the matters therein appearing had been verified on oath.
SECTION 19: TIME AND MANNER OF MEDICAL EXAMINATION OF LUNATIC
(1) A reception order required to be founded on a medical certificate shall not be made unless the person who signs the medical certificate, or, where two certificates are' required, each person who signs a certificate has personally examined the alleged lunatic, in the case of an order upon petition, not more than seven clear days before the date of the presentation of the petition, and, in all other cases not more than seven clear days before the date of the order.
(2) Where two medical certificates are required, a reception order shall not be made unless each person signing a certificate has examined the alleged lunatic separately from the other.
SECTION 20: AUTHORITY FOR RECEPTION.
A reception order, if the same appears to be in conformity with this Act, shall be sufficient authority for the petitioner or any person authorised by him, or in the case of an order not made upon petition, for the person authorised so to do by the person making the order, to take the lunatic and convey him to the place mentioned in such order and for his reception and detention therein, or in any asylum to which he may be removed in accordance with the provisions of this Act, and the order may be acted on without further evidence of the signature or of the jurisdiction of the person making the order: 27[Provided that no reception order shall continue to have effect-
(a) after the expiry of thirty days from the date on which it was made, unless the lunatic has been admitted to the place mentioned therein within that period, or
(b) after the discharge, under the provisions of this Act of the lunatic from such place or from any asylum to which he may have been removed]
SECTION 21: COPY OF RECEPTION ORDER TO BE SENT TO PERSON IN CHARGE OF ASYLUM.
Any authority making a reception order under this Part shall forthwith send a certified copy of the order to the person in charge of the asylum into which such lunatic is to be admitted.
SECTION 22: RESTRICTION AS TO ASYLUMS INTO WHICH RECEPTION ORDERS MAY DIRECT ADMISSION.
Subject to the provisions of section 85 no Magistrate shall to make a reception order for the admission of any lunatic into 28[any Government asylum] outside the State in which the Magistrate exercises Jurisdiction.
SECTION 23: DETENTION OF LUNATICS PENDING REMOVAL TO ASYLUM
When any reception order has been made under section 7, 10, 14 or 15, the Magistrate may, for reason to be recorded in writing direct that the lunatic, pending his removal to an asylum, be detained in suitable custody in such place as the Magistrate thinks fit.
SECTION 24: RECEPTION AND DETENTION OF CRIMINAL LUNATICS
An order under section 466-orsection 471 of the Code of Criminal Procedure, 1898 -, or under section 30 of the Prisoners Act 1900 29[or under4section 103A of the Indian Army Act, 1911] directing the reception of a criminal lunatic into any asylum which is prescribed for the reception of criminal lunatics shall be sufficient authority for the reception and detention of any person named therein in such asylum or in any other asylum to which he may be lawfully transferred.
SECTION 25: RECEPTION AFTER INQUISITION
A lunatic so found by inquisition may be admitted into an asylum-
(1) in the case of an inquisition under Chapter IV, on an, order made by, or under the authority of, the High Court;
(2) in the case of an inquisition under Chapter V on an V on an order made by the District Court
SECTION 26: ORDER FOR PAYMENT OF COST OF MAINTENANCE OF LUNATIC
(1) When any lunatic has been admitted into an asylum in accordance with the provisions of section 25 -the High Court or the District Court, as the case may be shall on the application of the person in charge of the asylum, make a order for the payment of the cost of maintenance of the lunatic in the asylum, and may from time to time direct that any sum of money payable under such order shall be recovered from the estate of the lunatic or of any person legally bound to maintain him :
Provided that if at any time it shall appeal to the satisfaction of the Court that the lunatic has not sufficient properly and that no person legally bound to maintain such lunatic has sufficient means for the payment of such cost the Court shall certify the same instead of making such order for the payment of the cost as aforesaid.
(2) An order under sub-section (1) shall be enforced in the same manner and shall be of the same force and effect and subject to the same appeal as a decree made by the Court in a suit in respect of the property or person therein mentioned.
SECTION 27: AMENDMENT OF ORDER OR CERTIFICATE
If, after the reception of any lunatic into any asylum on a reception order, it appears that the order upon which he was received or the medical certificate or certificates upon which such order was made is or are defective or incorrect, the same may at any time afterwards be amended by the person or persons signing the same with the sanction of two or more of the visitors of the said asylum, one of whom shall be a medical officer.
SECTION 28: APPOINTMENT OF VISITORS
(1) The State Government shall appoint for every asylum not less than three visitors, one of whom at least shall be a medical officer.
(2) The Inspector-General of Prisons (where such office exists) shall be a visitor ex-officio of all the asylum within the limits of his jurisdiction.
SECTION 29: MONTHLY INSPECTION BY VISITORS
Two or more of the visitors one of whom shall be a medical officer, shall once at least in every month together inspect every part of the asylum of which they are visitors and see and examine, as far as circumstances will permit every lunatic and boarder therein, and the order and certificate for the admission of every lunatic admitted since the last visitation of the visitors, and shall enter in a book to be kept for that purpose any remarks which they may deem proper in regard to the management and condition of the asylum and the inmates thereof.
SECTION 30: INSPECTION OF CRIMINAL LUNATICS BY INSPECTOR GENERAL OR VISITS
(1) When any person is 30[detained) under the provisions of section 466-orsection 471 of the Code of Criminal Procedure, 1898-31[or under the provision of section 103Aof the 3Indian Army Act, 1911], the Inspector-General of Prisons, if such person is 30[detained] in a jail or the visitors of the asylum or any two of them, if he is 30[detained] in an asylum, may visit him in order to ascertain his state of mind ; and he shall be visited once at least in every six months by such Inspector-General or by two of such visitors as aforesaid; and such Inspector-General or visitors shall make a special report as to the state of mind of such person to the authority under whose order he is30[detained].
(2) The State Government may empower the officer in charge of the jail in which such person may be 30[detained] to discharge all or any of the functions of the Inspector-General under sub-section (1)
SECTION 31: ORDER OF DISCHARGE FORM ASYLUM BY VISITORS
(1) Three of the visitors of any asylum, of whom one shall be a medical officer, may, by order in writing, direct the discharge of any person detained in such asylum, and such person shall thereupon be discharged:
Provided that no order under this sub-section shall be made in the case of a person detained under a reception order under section 12-, or, in the case of a criminal lunatic, otherwise than as provided by section 30 of the Prisoners Act, 1900
(2) When such order is made, if the person is detained under the order of any public authority, notice of the order of discharge shall be Immediately communicated to such authority.
SECTION 32: DISCHARGE OF LUNATICS IN OTHER CASES AND OF EUROPEAN MILITARY LUNATICS
(1) A lunatic detained in an asylum under a reception order, made on petition shall be discharged if the person on whose petition the reception order was made so applies in writing to the person in charge of the asylum:
Provided that no lunatic shall be discharged under the provisions of sub-section (1) if the officer in charge of the asylum certifies in writing that the lunatic is dangerous and unfit to be at large.
(2) A person detained in an asylum under a reception order made under section 12-shall be detained therein until he is discharged there from in accordance with the military 32[naval]33[or air force] regulations in force for the time being, or until the officer making the order applies for his transfer to the military32[naval] [or air force] authorities, in view to his removal to England.
(3) Whenever it appears to the officer in charge of an asylum that the discharge of a person therein detained under an order made under section 12 is necessary either on account of his recovery, or for any other purpose such person shall be brought before the visitors of the asylum and on the visitors recording their opinion that the discharge should be made, the General or other Officer Commanding the division, district, brigade, or force, or other officer authorised to order the admission of such persons into an asylum, shall forthwith direct him to be discharged, and-such discharge shall take place in accordance with the military 34[naval]35[or air force] regulations in force for the time being
SECTION 33: ORDER OF DISCHARGE ON UNDERTAKING OF RELATIVE FOR DUE CARE OF THE LUNATIC
When any relative or friend of a lunatic detained in any asylum under the provisions of section 14-,15 -or17-is desirous that such lunatic shall be delivered over to his care and custody, he may make application to the authority under whose order the lunatic is detained, and such authority, if it thinks fit, in consultation with the person in charge of the asylum and with the visitors or with one of them being a medical officer, and upon such relative or friend entering into a bond with or without sureties for such sum of money as the said authority thinks fit c
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