Sunday, November 11, 2012

APPROPIATION BILL 2008 FOR DEVELOPMENT OF DENOTIFIED TRIBES AND NOMADIC TRIBES IN LOK SHABHA

APPROPRIATION (No.4) BILL, 2008
The Bill was passed.
PRIVATE MEMBERS’ RESOLUTIONS
(i) Re: Legislation for the overall development of persons belonging to Denotified Tribes and Nomadic Tribes – Contd.
SHRI HARIBHAU RATHOD continuing said: I have moved this Resolution so that Government of India bring forward suitable legislation for  the economic, social, educational and political development for the persons belonging to Denotified tribes and Nomadic tribes including Banjaras.
Denotified tribes were those, who were designated as criminals by the British India Government in 1871. A number of restrictions were imposed upon them. They were not allowed to move freely. Superintendent of Police was the final authority with regard to them. In fact, they were freedom fighters. Sh. Birsa Munda, Sh. Kantya Bhil, Sant Sewa Lal Maharaj were the leading figures belonging to these tribes, and they fought tooth and nail against the British thralldom. After independence a Criminal Tribes Act Enquiry Commission was constituted in 1949-50. On its recommendation, Pt. Jawahar Lal Nehru, on 31st August, 1953, denotified these tribes. In 1953, Kaka Kalelkar Commission recommended that the denotified tribes should be given ST status. But this recommendation was turned down by the Government of India. When Third Five Year Plan was being discussed, all the states were instructed to formulate some schemes for the development of these tribes. Unfortunately, these instructions were neglected by the States. Shri Lal Bhadur Shastri Ji gave some educational benefits to these tribes. Their tuition fee was waived and a Government of India scholarship was announced for higher studies. Sadly, the people belonging to these tribes as well as the most of the States are unaware of  these initiatives. I request that, the separate lists of the denotified tribes, which exist in every state, should be issued and the report of Renke Commission, which had been constituted for them, should be given wide publicity through print and electronic media.
Meanwhile, the State Government of Maharashtra provided 4 percent reservation for these tribes. This initiative proved a boon for them and a number of persons belonging to these tribes joined Government services. I demand was raised that the reservation policy adopted by the State of Maharashtra should be adopted by the Government of India also.
In 1913 the British Government had provided for a separate Budget for the upliftment of these people. After independence, this practice was foregone. This matter should be looked into.
The Mandal Commission had enlisted these tribes under the OBC list. But it admitted candidly, that they should be given the status of SC and ST. The Supreme Court, in the Indira Sahni case, had observed that a large number of castes enlisted under the OBC list are not having the same level of development. Regrettably, these observations went unnoticed by the Government.
For the past 60 years, the people belonging to these tribes want to enlist themselves is the SC/St list. But their efforts have not borne fruit.  Now, we propose that there should be a separate provision in the Constitution for these communities as exists in respect of SCs/STs.
15 crore people of this country are living in despondency and under the open sky for the last 60 years. They are continuously being subjected to atrocities and exploitation. Even today, during police training course, it is taught that the meaning of tribal is criminals. We know that the people belonging to Pardhi community are subjected to all sorts of atrocities. They are stoned to death and sometimes burnt alive. No justice is given to them. They are called criminals. In view of that, even our late Pandit Jawaharlal Nehru declared them a denotified tribe and given some place in the society. But still atrocities are committed on them. Even today, their names are being used to complete formalities in police diaries and they are being used as a political tools and vote bank. I do feel that they will have to fight for independence once again if they continued to be treated in the same fashion. All the hon. Members are therefore requested to kindly accept the recommendations of ‘Ranke Commission’ which had been constituted for that purpose and they should be given reservation in the matter of education and employment. These 15 crore people are part of 400 existing castes in our country. But, they are still lagging behind in the matter of benefits provided to other communities. I request the government to bring them into  the mainstream of the society. I request the government not to suppress my feelings for them as this is a matter which is concerned with the development and feelings of 15 crore people of our country. I request the hon. Members from all sides, cutting across the party lines, to look into the matter seriously before the next Parliamentary election and do their best to implement the recommendations of Commission so constituted for them so that these denotified tribes can join the mainstream of the society.
SHRI ADHIR CHODHURY: India had attained its freedom 60 years ago, but still we are bearing hang over of the British colonial power, which is vividly reflected in the plight of our people who, even after belonging to our own country, do not have their address, do not have their right to exercise franchise and do not have their right procure food under our Public Distribution System as they do not have ration cards. They are the people who are suffering from utter poverty and neglect in our country. Sometimes, I feel that those are the State-less citizens of our country who are using our soil, but they are unable to reap up the benefit and opportunities emanating from our soil.  If we peek through the history of our country, then we will find that the ancestors of most of the Indian people belong to the Nomadic tribes. Even if we again try to determine the people of our country as to whether  they are Nomadic or Denotified tribes, then I think that it is a disgrace to our country and it is blight on our democracy. Article 14 enunciates the equality of all citizens before the law. Article 15 propounds prohibition of discrimination. Has our Constitution been able to provide the privileges of these article-enshrined in our Constitution to the Nomadic and Denotified tribes? Why were we not serious? Why are we not paying our empathy and our sincere love to our own countrymen? We know that these Nomadic and Denotified tribes were actually born in 1871. It is the British colonial power who categorized them as criminal tribes on their own assessment. Those people even took up cudgels against the oppression and suppression of the British imperialists. Naturally, they were disliked by the British imperialism. In order to contain them, the British imperialism branded them as criminal tribes. To notify that criminal tribes, they even made legislation in the year 1871. After independence, Indian Government took a special initiative to repeal the Act in the year 1952. But still it is a fact that a suspicion, mistrust still persists in our society, in those people who do not have their own shelter. We had tried to erase the stigma. But again when we see that in our country, after Independence, various States have legislated Habitual Offenders Act, then I think, the British Administrative hangover has been again re-visiting us. Still some discrepancies persists in categorizing the Nomadic and Denotified tribes in various States of our country. For example, the Banjara people are treated as OBC in UP, however treated as Scheduled Tribes in Andhra Pradesh and the same tribe is being treated as Scheduled Castes in Karnataka and Denotified Tribe in Maharashtra and Tamil Nadu. This kind of discrepancy, this kind of Dichotomy should be done away with. Killing of denotified tribes is a regular affair in West Bengal. The Lodha tribe is still treated as the criminal tribe in various parts of the country, including West Bengal. The Sabars population in West Bengal is simply on the threshold of starvation throughout their life. Still the atrocities have been committed against the nomadic tribes in the country by the people and the police as well. For Scheduled Castes and Scheduled Tribes, we have formulated an Act to save them from atrocities. People who belong to nomadic and denotified tribes resemble in terms of their dialect, their livelihood and their culture with the Scheduled Tribes and Scheduled Castes in various places of our country but still such kind of discrimination is continuing. Already the Renke Commission has recommended various measures to protect these nomadic people who belong to various communities. I would request the hon. Minister to give details of nomadic tribes and denotified tribes which are remaining in India.  SHRI P.S. GADHAVI: In Gujarat there are 12 denotified communities, viz. Bafan, Chhara, Dafer, Hingora, Me, Miyana, Sandhi, Theba, Wagher, Waghari, Chuvalia Koli and Koli. If you look at their condition, it is the worst. As regards nomadic tribes, in Gujarat, there are many tribes like Bajania, Bajigar, Bhand, Nat Bajania etc. The condition of the Jogi, Bhopa, Gadi Luharia, Gadalia etc. is worse even today. The hon. Minister may be knowing that the persons belonging to nomadic tribes used to live in hilly areas and their main profession was cattle breeding. If you look at their educational standard, it is very low. So, my humble request to the hon. Minister is to kindly see that their plight is improved.
SHRI SHAILENDRA KUMAR: I think the number of denotified and nomadic tribes is more than 400 in this country. But neither the State Governments nor the Central Government has conducted any survey in this regard. Their condition too is different in various States. In some States they are treated as Scheduled Castes and in some States they are treated as Scheduled Tribes and in some they are treated as OBCs. Even a single tribe has 15-25 sub-tribes. In this Resolution only the Banjaras and Nomadi tribes have find a mention. In the Allahabad Division, be it Pratapgarh or Fatehpur or Kaushambi district, the people of Kol tribes are there. They generally live in hilly and rocky areas. The geographical conditions are also different in  different States. In Uttar Pradesh there are tribes like Kewat, Nishad, Mallah, Bind, Prajapati etc. A proposal regarding to include them in the Scheduled Caste list has been pending with the Union Government for its approval. Their economic condition and educational standard are deplorable. There are so many tribes in the country which find themselves socially isolated. The condition of their children is miserable. There are many tribes who are forced to live under the open sky. They do not have roof over their heads. Generally, they do not live at one place. They keep on moving from one place to another. Therefore, the Government should take care of the people belonging to these tribes. It is also mentioned in this Resolution that the people belonging to these tribes be given reservation in the Parliament and State Assemblies. But I think that first of all, we should make them strong both economically and educationally and provide them reservation in Government jobs as also housing facility should also be provided to them. Then, we should think of providing them reservation in our democratic institutions. I would like to request the Central Government particularly the hon. Minister that a state wise survey should be conducted to find out the number of people belonging to these tribes be they living in north eastern states or in Bihar, Uttar Pradesh, Orissa or Madhya Pradesh or wherever they are and we should maintain a record in this regard. So many  youngsters belonging to these tribes have become naxalites due to their poverty and backwardness. This is also one of the reasons for the spread of terrorism and naxalism in the country. Therefore, the Government needs to look into this aspect also. Therefore, a survey should be conducted at the earliest and measures should also be taken for their upliftment and security.
SHRIMATI ARCHANA NAYAK: We all know that our constitution provides for the welfare and development of Scheduled Castes, Scheduled Tribes and Backward Classes. But there are a number of Denotified tribes and Nomadic tribes including the Banjaras who continue to suffer from constant hunger, malnourishment, ill-treatment and exploitation. According to 2001 census, the Scheduled Tribes accounted for 84.32 millions corresponding to 8.2 per cent of the country’s population. These tribes and nomads can be empowered through education and vocational employment programmes. More outlays should be made for development of forest villages and minor irrigation of tribal villages and their land in the country. Education can change the lives of people for generations. Therefore, emphasis should be given on the education of de-notified and nomadic tribe girls, especially in the low literacy areas. Meritorious de-notified students should be encouraged to pursue their studies at degree and at post-graduate levels. Financial support should be extended to them in the  form of term loans and micro credit at concessional rates of interest for income generating activities. More and more Tribal Marketing Federations should be created in the country. So, I would request the Government to bring a suitable legislation for the development of de-notified tribes, nomadic tribes, including Banjaras, at the earliest.
SHRI C.K. CHANDRAPPAN: The denotified tribes and nomadic tribes are, in a way, marginalized communities. They are nowhere in our records. Even in the census records, they will not be there. It is a matter of shame that we have such large number of people – 15 crores of people – in this country who are not recorded, who are denied all civil rights. I think this House will take note of it. After decades of silence about tribal rights, at last we adopted a very commendable legislation on them. But in implementing that legislation the Government is acting tardy. Their land rights, employment, property and other rights should be accepted. I would like to mention that there are dalit Christians, dalit Muslims in the country. There is a Committee appointed to inquire about their rights. The Committee has already submitted its Report, but it has not been placed on the Table of this House. It is about several millions of people who think that probably they would overcome their social oppression and repression by way of conversion. In a democracy, it is the responsibility of the  Government to see that every section of the people is taken into account. Whatever is their legitimate right, that right is to be accepted. There is a Report of the Technical Advisory Group on De-notified, Nomadic and Semi-Nomadic Tribes of the Government of India, 2006. So many good suggestions are there to improve their social status, to improve their economic condition and to provide for reservation in education and jobs but the Government is not acting on it. I remember that one of the first Resolutions in this House which was discussed was about reservation to the Scheduled Caste and the Scheduled Tribe people in the private sector. Four and a half years ago, we discussed it. I remember that hon. Minister said that the Government would consider that seriously. But I am sorry, the Government did not act on that so far. Therefore, I request that the Government should take note of a large section of the people – 15 crore of people who are dispossessed landless and homeless but in a sense who have nothing of their own.
SHRI S.K. KHARVENTHAN: The status of Denotified Tribes and Nomadic Tribes varies from State to State in our country. In the State of Tamil Nadu, these Denotified Tribes and Nomadic Tribes are living in Nilgiri Hills and also in some parts of my constituency in Dindigul District. Their living conditions are very bad and the educational facilities available  to them are pathetic. So, I would request our Government to take steps to establish residential schools like Kasturba Gandhi Palika Vidyalaya and they should be provided with hostel facilities and also dresses and particularly vocational courses should be offered to them with job guarantee.
Our Government has constituted a National Commission to study the developmental aspects of Denotified, Nomadic and Semi-Nomadic Tribes. A very important recommendation give by this Commission is establishment of a National Commission for De-Notified Tribes as a permanent constitutional body. Another important recommendation, is reservation of ten per cent Government jobs for De-Notified Tribes. These recommendations must be implemented without further delay. They Dalit Christians should be allowed to continue their education as Scheduled Tribe candidates. And the Government should take steps to protect the rights of those tribals who are living in the hilly areas.
*SHRI BRAHMANANDA PANDA: The resolution brought in for the protection of the rights of the De-notified and Nomadic Tribes is truly commendable and historic. All over India, there are several tribes who lead a wandering life without any kind of socio-political-economic rights. They are not even in the voter’s list. I will speak about my state Orissa, where a  number of such tribal community-the Odia, Kandha, Pano, Odia Domo, Jayantias, Kolhas etc exists. In the Mayurbhanj district of Orissa, there is a tribal community called ‘Lodha’. They were freedom fighters, but now they are identified as criminals. The Indian constitution speaks of equality amidst all the citizens. In this context, we must ponder over the fact that a vast number of people are still deprived from this right. These people have no access to health and educational facilities. They are extremely poverty-stricken. The basic socio-economic and political rights must be granted to these people. As proposed by the mover, we should give them rights through Panchayats.
I would like to draw your attention to an issue of Orissa. Recently, hon. Supreme Court has issued directive to delete the ‘Keuta’, ‘Dhibar’ and ‘Khatia’ community from the list of scheduled castes. If this House is really concerned about the poor, the deprived and the underprivileged, we must usher in a new revolution. This revolution will end all injustice, integrate the disadvantaged and deprived communities with the national mainstream.
SHRIMATI TEJASVINI GOWDA: This Resolution has been brought forward here for the overall development of the persons belonging to Denotified tribes and Nomadic tribes including Banjaras. In my State of Karnataka, we have more than 30 lakh tribal people. But I feel that the  people belonging to the Denotified Tribes and the Nomadic Tribes have been cornered by the well-educated Tribes. 11 districts, namely, Coorg, Dakshin Kannada, Chikmagalur, Mysore, Ramnagar, which is my own district Bangalore Urban, Uttara Kannad, Hassan, Udupi, Mandhya are having more than 3,50,000 tribal people. Even though, we passed Forest Tribal Act in the year 2006, yet it is to be implemented properly in many villages. Other people are misusing this act. So, we must ensure that these needy and deserving people get the benefit.
I would say a few words about the reservation of seats for these tribal people in the House of people and in the State Legislative Assemblies. In Karnataka, 15 seats were allocated based on the 30 lakhs of tribal population. But not even a single original tribal people was able to reach the Assembly. Therefore, I feel that we must ensure the safe entry of the original tribal people into the Assembly on their allocated seats. We must do justice to these tribes. *SHRI MOHAN JENA: In our struggle for freedom the most prominent role was played by our tribal brethren. We all know about Martyrs Birsa Munda, Tilka Majhi Siddho and Kanhoo. All of them belong to the tribal community and they sacrificed their lives for the cause of the  nation. Our tribal community has the first right on the resources as they are the original inhabitant of this country. It is very sad that the fruits of freedom has not benefited them. Whether it is in the field of education, health, jobs or civic rights, they are a deprived lot. In my constituency Jajpur there is a community called Makidia. They are abysmally poor. There are other extremely backward communities like the Gussuria and the Mundapota Kela. It is being said that these communities will be given representation in Assemblies and Parliament but so far not a single person from these communities has become a ward member or councilor. Some tribal communities are even labeled as criminals. It is very pathetic. The present reservation policy is not benefiting the truly deprived. In 1950, the constitution banned untouchability but the heinous practice still continues. They are denied entry to the village temple, grave yard, well, bathing ghats and also the market place. The upper caste people regard them as impure and inauspicious. Ironically now we see more and more castes being
included in the SC and ST list just for political gains. It is a travesty of justice. These lists should be rectified after a thorough study and deserving backward classes should be brought into the fold of reservation. The denotified and nomadic tribal people are at the receiving end of the society and therefore, we must do our best to protect their interest. SHRIMATI KALPNA RAMESH NARHIRE: The people belonging to Pardhi, Banjara, Hisadi, Masandjogi. Gosavi, Madari and other castes or communities live outside the villages in Maharashtra, hence they do not get the benefits of any of the facilities being provided by the government. These people do not stay at one place. That is why their children do not get educational facilities and their women also do not get any facilities. We try to address their problems with the funds from MPLADS but shortage of funds hamper our efforts. Hence the Union Government as well as the State government must provide facilities to these people. I support the resolution presented by Shri Haribhau Rathod.
*DR. PRASANNA KUMAR PATASANI: The Central Government should encourage the institutions set up by Dr. Samanta and Prof. Meenaketan to educate the tribal children and these institutions should be converted into a tribal university. These two personalities have done commendable job for the tribals. Why are the tribals still hungry and deprived then? A tribal can belong to any community. If these original inhabitants of our land are ill-treated it will lead to nothing but disaster. The exploitation of tribals has led to extremist outfits like Naxalism. There is the confusion regarding the sub-caste like ‘Sabar’, ‘Saar’ or ‘Shahar’, Even after  61 years of independence they are unable to get the benefit of reservation. We urgently need to do something to protect the socio-economic-political and cultural rights of the tribals. Only when they integrate with the national mainstream can we claim true democracy.
PROF. RASA SINGH RAWAT: I rise to support the resolution moved by Shri Haribau Rathod. Special efforts should be made for the welfare and upliftment of the Nomadic tribes and banjaras. The condition of these tribes is pathetic even after 61 years of our independence. They remain devoid of all the facilities and amenities and make a living by begging or playing sarangi, an indigenous violin or singing at the streets. They also engage themselves in making farm tools and implements. The Government should pay attention to such tribes.
The denotified communities in India take resort to crime because they remain deprived of Government’s welfare schemes, education and housing etc. I would like to urge upon the Minister of Social Justice and Empowerment to pay special attention for the education, housing and upliftment of the nomadic tribes. These tribes should enjoy all the rights, participate in adult franchise and benefit from all the amenities and facilities in independent India like their co-citizens. Training should be imparted to them in other vocations as well. Special attention should be paid to these  nomadic tribes ensuring that they are also the end beneficiaries of all modern welfare schemes.
*SHRI M. SHIVANNA: There are numbers of nomadic tribes and semi-nomadic tribes who are living in Karnataka. From time immemorial, these people are living like animals. It is our duty to raise voice in favour of these indigent people. Even after 61 years of our Independence, we could not ensure the welfare of all these people. Equality, social justice, brotherhood are still on the paper. We are not witnessing these Constitutional provisions in practice. In my Parliamentary Constituency Chamrajanagar, there are 40 per cent of tribals, nomadic and semi-nomadic tribes. These people are deprived of social justice. Therefore, I request the Government to provide housing for these people. Reservation should be provided to these people in education, employment and in representative bodies. They should also be encouraged to continue with their professions and adequate financial assistance should be given to them to set up their own co-operative society. All backlog posts of these communities should be given only to them.
PROF. M. RAMADASS: I support the Resolution on improving the condition of the denotified tribes and nomadic tribes. I would like to bring  the attention of the hon. Minister to the plight of a section of the tribal communities in the Union Territory of Puducherry. After Independence, the Census of India had left out the ST population of Puducherry. The ‘People of India’ study made by the ASI had identified these communities. Even then, the Government of India did not recognize these communities as the SC communities in the Union Territory of Puducherry. The Union Territory Assembly had passed a Resolution, urging the Government of India to recognize the ST population through a Presidential Order. But, even today, this ST population is not recognized by the Government of India. I have also made several efforts with the Registrar General, the Ministry of Home Affairs and the Ministry of Tribal Affairs, but everybody says that there are no ST population. Today, they are treated as the forward communities or other castes in the Union Territory of Puducherry. This is singularly an exceptional case in the whole of India. This needs the attention of the Government of India very urgently. They are not entitled to any of the benefits. Social justice to them is just an empty dream. I request that till the time the Government of India recognizes them, kindly instruct the Government of Puducherry to treat them as ST and extend all facilities under the Special Component Plan which is exclusively meant for those people.  SHRI B. MAHTAB: I stand here to support the Resolution. In Orissa, there are a number of Denotified communities. The whole list is there. I need not repeat them. I am also concerned about a large section of the people, especially in Orissa. A Notification has gone from Centre which debars Scheduled Caste students to get admitted in Ashram Schools. Now, the interpretation of an officer in Orissa Government that only tribal people can get admission in Ashram Schools. This is the case in Kandhamal district where this problem has propped up. The Notification should be in such a manner that it should be clear. Scheduled Caste and Scheduled Tribe people should also study in these schools. The persons belonging to such castes and communities who are denotified and who have been listed as Nomadic tribes should also get the facility to study in these schools.
SHRI LAKSHMAN SINGH: I just have to speak about the tribes in Andaman and Nicobar Islands. Although the Government is giving a lot of money for their welfare programmes, unfortunately it is not reaching them. I would just like to mention that there is a tribe called the Jalawa tribe, which was badly affected when Tsunami hit the Andaman Islands. I would just request the Minister to make a trip to Andaman herself, see their condition and monitor the whole scheme very-very strictly and properly so that they get all the benefits.  THE MINISTER OF SOCIAL JUSTICE AND EMPOWERMENT (SHRIMATI MEIRA KUMAR): Shri Haribhau Rathod and other hon. Members have been expressing concern about the denotified nomadic and semi-nomadic tribes for a long time. The British categorized them as criminals under the Criminal Tribes Act in 1871 and they were subjected to oppression under that regime. When the realization dawned that these tribes had made a significant contribution in the freedom struggle, a committee was constituted and the said law was repealed in 1952. At the time the committee had informed that there were 147 tribes notified as criminal tribes which had been denotified. Out of these, some tribes were included in the list of scheduled castes, some in scheduled tribes and some in other backward classes. These were nomadic tribes, hence their problems were of a different nature. People of these tribes do not have BPL cards, ration cards or electoral identity cards. In order to ensure that they are able to avail the benefits of various welfare programmes, it becomes necessary that they have some kind of identity card or a permanent address. The report of the commission constituted for the purpose was delayed, hence we were not able to take the required action. The 76 recommendations of the Commission have been divided into 13 categories. All these tribes have to be brought into the mainstream. They should be provided employment,  facilities for asset generation, vocational training and security. They have many skills. We do not want to lose those skills. It is our wealth and we should conduct research on them. We have to treasure their culture. This is what the 76 recommendations are all about. Some recommendations are related to the state governments, some to the Central government and some to both. Some recommendations are related to constitutional amendments. The Ministry has conducted in depth study of the said issues and is taking further action in this regard. We are tackling this issue sensitively. At present, there are 15 states which contain 313 denotified nomadic and semi-nomadic tribes of which we have an authoritative list. We are engaged in this work. Hence, I request the hon. Member to withdraw the resolution proposed by him.
SHRI HARIBHAU RATHOD by way of withdrawing his Resolution said: In the morning I was not sure whether members would talk about denotified and nomadic tribes as a very few people know about them. It has taken 60 years to reach the issue of denotified and nomadic tribes to Parliament. Dr. Manmohan Singh has taken a great interest in it. He understands their plight. It is a matter of satisfaction for 15 crore people of this country. It would be better if the Council of Ministers should take a decision to formulate a separate reservation policy for denotified and  nomadic tribes. I have been demanding a Schedule for denotified and nomadic tribes as is there in the Constitution for scheduled castes and scheduled tribes. This can be done through an executive order as was done in implementation of Mandal Commission’s report for which constitutional approval was not obtained. Similar step can be taken in this matter also. It would be a revolutionary decision. It would be better if it is done before the ensuing general elections.
The Resolution was, by leave, withdrawn.
(ii) Re: Creation of New State of Telangana
SHRI P.S. GADHAVI moved that “Keeping in view the long pending demand of the people of Telangana region of the State of Andhra Pradesh for the creation of new State of Telangana, this House urges upon the Government to take steps for the creation of the new State.” (Speech unfinished)  The discussion was not concluded.  P.D.T. ACHARY,
Secretary-General. © 2008 BY LOK SABHA SECRETARIAT
NOTE: It is the verbatim Debates of the Lok Sabha and not the Synopsis that should be considered authoritative.


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