February 27, 2024

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Drinking Water Rules, 2055 (1998)

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Chapter-1    Preliminary

1. Short Title and Commencement :

(1) These Rules may be called  “Drinking Water Rules, 2055(1998)”.
(2) These Rules shall come into force immediately.

2. Definition : Unless the subject or the context otherwise requires, in
these Rules,
(a) “Act” means “Water Resources Act, 2049”.
(b) “Drinking Water” means the water supplied for domestic or  industrial consumption.
(c) “Source” means a source of drinking water available (situated) on the surface or the underground.
(d) “Structure” means the reservoir (tank) made for the collection, control, filtration or distribution of drinking water from the  sources and the land occupied by such reservoir (tank) and this  word also refers to the water tank, pipeline, outlet, tap or any  other structures of similar types made for the similar purpose.
(e) “Survey” means the activities comprising the exploration feasibility study and the detail engineering design prepared in detail by analyzing the economic and technical facts and data on   construction of a structure, the environmental impact of construction of the structure, the quantity of water that may be consumed (utilized) or distributed from the source and also the number of beneficiary of the drinking water.
(f) “Project” means the Drinking Water Project to be operated by a licensee and this word also refers the project handed over to the consumer organization by the Government of Nepal pursuant to  Section 11 of the Act or the project developed and operated by a consumer organization itself.
(g) “Committee” means the District Water Resource Committee constituted pursuant to Rule 8 of Water Resource Rules, 2050.
(h) “Water Supplier” means the consumer organization or the licensee supplying the drinking water to the consumers pursuant to these Rules.
(i) “Service” means the drinking water service provided to the  consumer by the water supplier.
(j) “Consumer” means the person or institution utilizing (consuming) the service provided by a water supplier.
(k) “Service charge” means the service charge that has to be paid to the water supplier by the consumer for the consumption of the service.
(l) “Inspector” means the drinking water inspector designated pursuant to Rule 47.

Chapter-2  Establishment and Registration of Consumer  Organization

3. Establishment of consumer organization :

(1) For collective benefit  by developing and operating a project, the persons intending to be  benefited may establish a consumer organization.
(2) The executive committee of the consumer organization to be established pursuant to Sub-rule (1) shall have Nine persons along with  at least Two women as member.

4. The constitution (statute) of the organization:

(1) Consumer  organization shall have a constitution.
(2) The constitution pursuant to Sub-rule (1) shall have the following provisions:-
(a) Objective and scope,
(b) Qualification for membership,
(c) Membership fee and process of granting membership,
(d) Disqualification for membership,
(e) Composition of General Assembly,
(f) Session of General Assembly,
(g) Function, duties and power of General Assembly,
(h) Composition of Executive Committee,
(i) Meeting of Executive Committee,
(j) Functions, duties and power of Executive
Committee,
(k) Functions, duties and power of officials,
(l) Provisions related to election,
(m) Motion of No Confidence,
(n) Economic Resources,
(o) Details of movable and immovable property,
(p) The fund,
(q) Audit,
(r) Amendment of constitution,
(s) Provision on formation of bylaws,
(t) Other required provisions.

5. Application to be submitted to register consumer organization :

The persons intending to register a consumer organization shall submit an application in the format prescribed in Schedule-1 and also with One  Hundred Rupees before the committee.

6. Registration of consumer organization:

(1) After receiving the application pursuant to Rule 5, the committee making an examination  (inquiry) on whether the project proposed to be developed by the consumer organization has been appropriate or not even with the
economic and technical point of view and also making a consultation  with the concerned institutions, if found the project to be developed has  to be appropriate, the committee shall register the consumer  organization and give the certificate of registration of consumer organization to the applicants in the format prescribed in Schedule-2.
(2) The inquiry and consultation made pursuant to Sub-rule (1) if deemed the registration of consumer organization inappropriate, committee shall give a notice with such reason to the organization.

7. Dual consumer organization shall not be registered:

After the registration of a consumer organization to utilize any source, another  consumer organization shall not be registered within the scope of such organization by reducing the quantity of water utilized by such consumer organization.
8. The right of consumer organization in the Source of water to be prevailed:

(1) After the registration of consumer organization pursuant to Rule 6 the consumer organization shall have the right on the equivalent source of water within the limit of the quantity of water  prescribed to utilize by the consumer organization.
(2) If the drinking water project developed by the Government of Nepal before the commencement of these Rules has been handovered to operate by any consumer organization pursuant to the section 11 of the  Act, such consumer organization shall prevail the right on the equivalent source of water within the limit of quantity of water to be utilized by  such consumer organization.

9. Establishment and registration of consumer organization for the project to be developed by the Government of Nepal:

(1) If the  Government of Nepal intends to operate any project through a consumer organization pursuant to Section 11 of the Act, the persons intending to  operate such project shall establish a consumer organization pursuant to
Rule 3 and shall register pursuant to Rule 5.
(2) On submission of the application in the committee in order to register a consumer organization pursuant to Sub-rule (1), the letter give by the Government of Nepal to such organization on the subject of operation of the project also shall be attached.

Chapter-3  Provisions on Licensing

10. Application to be submitted for survey license:

(1) A person or a  body corporate intending to survey any source shall submit an application with Five Hundred Rupees fee before the committee in the format prescribed in Schedule-3.
(2) On receiving the application pursuant to Sub-rule (1) the committee shall make required inquiry on it and on making inquiry if deemed to ask for additional document, notice for it shall be given to the  applicants within the Fifteen days of submission of the application.
(3) The submission date of additional documents by the applicant according to the notice given pursuant to Sub-rule (2) shall be considered as the date of application for the purpose of Sub-section (2)  of Section 8 of the Act.

11. License to be issued :

On the inquiry of the application received  pursuant to Rule 10 and the documents attached herewith, if found appropriate to issue survey license to the applicant, committee shall issue a survey license for a source in the format prescribed in Schedule- 4.

12. Application to be submitted for source utilization license :

(1) A  person or a body corporate intending to utilize a source shall submit an  application with One Thousand Rupees fee before the committee in the format prescribed in Schedule-5.
(2) On receiving the application pursuant to Sub-rule (1) the  committee shall make a required inquiry on it and on making inquiry if deemed to ask for additional documents a notice for it shall be given to  the applicants within the Fifteen days of submission of the application.
(3) The submission date of additional documents by the applicant according to the notice given pursuant to Sub-rule (2) shall be  considered as the date of application for the purpose of Sub-section (2)  of Section 8 of the Act.

13. Notice to be published in public :

(1) On receiving the application  pursuant to Rule 12 and making required inquiry on the application  committee shall publish a notice for public information mentioning all  the details about it.
(2) After publishing the notice pursuant (1) on the development and operation of the project if any significant adverse effect deemed to  be exist, a suggestion may be submitted before the committee  mentioning details on such matter within the Thirty Five days of the  publication of the notice.
(3) Keeping the suggestion received pursuant to Sub-rule (2) in mind, the committee shall assign the obligation to the concerned  applicants to minimize the significant adverse effects (impacts) during the issuance of the license.

14. License to be issued to utilize the source :

Making study on the application received pursuant to Rule 12 and the documents attached with and the suggestions received pursuant to Rule 13, if deemed appropriate to issue the license for utilization of a source to the applicant, the committee shall issue a license in the format prescribed in schedule 6.

15. Dual license not to be issued:

(1) After issuing a survey license for a source to any person or body corporate pursuant to rule 11, dual license
for survey shall not be issued to any other person or body corporate by allowing to conduct a survey, within the period of that license in the same region for the same work (activity).
(2) After issuing a license to utilize a source to any person or body corporate pursuant to Rule 14, dual license shall not be issued to any other person or body corporate within the period of that license, in such way that the quantity of water to be consumed by the licensee has to be reduced.

16. Work has to be started :

(1) The licensee shall start the work mentioned in the license within the Three months of receipt of the license.
(2) If the licensee became unable to start the work within the time  pursuant to Sub-rule (1) he/she may make a request to the committee to provide additional time with acceptable reason and submit an  application and on the inquiry of that application if the reason to provide additional time deemed appropriate, the committee may provide
maximum Three months period.

17. Report to be submitted before the committee:

The licensee shall  submit the report of the work mentioned in the license in every three
months before the committee.

18. Right to be prevail on source:

The licensee after receiving the license  pursuant to Rule 14, shall poses the right equivalent to the quantity of
water mentioned in the license on the source.

19. Renewal of the license:

(1) Before the completion of the period of  license received pursuant to Rule 14, the licensee shall submit an
application for the renewal of the license with the Five Hundred Rupees before the committee.
(2) If license has not been renewed pursuant to Sub-rule (1) the  licensee may submit an application before the committee by mentioning the appropriate reason for it within the Thirty Five days of ending of the date of the license and on inquiry of such application if the reason has  been deemed appropriate, committee may renew the license.

20. Sale or handover of a license :

(1) If a licensee intends to sale or in   other way transfers the license, shall have to submit an application to the
committee.
(2) If the application has been received pursuant to Sub-rule (1),  the committee after making a required inquiry on the application and considering the economic condition of the person or body corporate  intending to purchase or receive the license, if deemed appropriate to  give approval for sale or handover, the committee may give approval for
sale or transfer of license prescribing the required conditions.

21. Amendment on the license :

(1) The licensee may submit an  application before the committee if intends to amend anything  mentioned in the license.
(2) If the application has been submitted pursuant to Sub-rule (1)  the committee shall make an inquiry on it and on inquiry if deemed appropriate, committee shall make amendment on the license.

22. Fees to be paid for the utilization of sources :

Licensee shall have to pay Five Thousand Rupees fee every year for utilizing the sources, to  the Government of Nepal.

Chapter-4 Dispute settlement for utilization of sources

23. Source utilization dispute settlement committee :

(1) If the dispute has been arise about the utilization of source for the project to be developed and operated by the consumer organization for the settlement of such dispute a source utilization dispute settlement committee comprising of the following chairperson and members shall exist-
(a) Chairperson, District  Development Committee – Chairperson
(b) Representative, District  Irrigation Office – Member
(c) Administrative Officer,  District Administrative
Office – Member                                                                                                                             (d) Chief, District Drinking Water Office -Member secretary

(2) Notwithstanding anything contained in Sub-rule (1) if any  dispute has arise about the utilization of source of a project developed and operated by a licensee, for the settlement of such dispute a source utilization dispute settlement committee, comprising of the following chairperson and members shall exist-
(a) Person assigned by Government of Nepal – Chairperson
(b) Representative, Ministry of  housing and physical
planning – Member (c) Representative, Ministry of  water resources – Member
(d) Chief, District Drinking water office -Member secretary

(3) If the dispute has arise about a single source situated in two or  more than two districts then in case of the committee pursuant to Sub-  rule (1) the representative of the district development committee where
the application for source utilization has not be submitted and in case of the committee pursuant to Sub-rule (2) the representative of the district development committee where the application for source utilization has
been submitted also shall be existed.

24. Complain may be filed about the utilization of source :

(1) If the  utilization of any source victimizes any person, then the victimized person or a body corporate may make complain mentioning the reasons  of it, before the source utilization dispute settlement committee.
(2) If the complain has been received pursuant to Sub-rule (1) the source utilization dispute settlement committee by inspecting the field of  the project utilizing the source shall take information on the following  matters except the other matters.
(a) The total cost of the project,
(b) The number of consumers to be benefited by the  project,
(c) The need of the local community about the project and people’s will,
(d) The quantity of water to be used daily,
(e) The impact of the operation of the project to other people or community and their response,
(f) The adverse impact to be caused on the  environment.
(3) After taking the information pursuant to Sub-rule (2) the source utilizing dispute settlement committee making an inquiry on the complaint filed about the utilization of source shall make a required  decision.

Chapter-5 Security of the structure and repairing

25. The quality to be maintained :

The water supplier shall maintain the quality prescribed for drinking water by the Government of Nepal pursuant to Section 18 of the Act, in the water that has to be available to  the consumers.

26. No source has to be polluted :

Water supplier shall not construct any structures and perform any other type of activities causing the source to be polluted.

27. No significant adverse effect on environment has to be made:

Water supplier shall not construct any structures and perform any other type of activities causing the significant adverse effect on the environment.

28. Repairing the project :

1) Water supplier shall make simple repair of  the project by using own resources.
(2) If water supplier has been unable to make simple repair of the project only by the use of own resources, shall make simple repair of the project by taking financial assistance from the concerned village development committee or municipality and required technical  assistance from the district water supply office.
(3) If a water supplier have to make a large repair of the project, shall repair the project by making available of the unskilled human resource and local construction material such as sand, stone, concrete  etc. through the consumer organization (user association). If skilled human resource, other construction material and technical assistance has
to be required for the repair, the water supplier shall repair the project by  taking the skilled human resource and construction material from the  concerned Village Development Committee or Municipality and District Development Committee and technical assistance from the district water  supply office.
(4) If the large repair shall has not been made only with the  assistance of concerned Village Development Committee, municipality  or district development committee pursuant to Sub-rule (3) water  supplier shall provide such information in detail to the concerned district drinking water office.
(5) After receiving the information pursuant to Sub-rule (4) district drinking water office shall make field inspection by a inspector about the project as per the need and giving the required direction shall  provide economic and technical assistance for the large repair of the  project.
(6) Notwithstanding anything contained in Sub-rule (1), (2), (3), (4) and (5) all the repair of the project operated by a licensee shall be  made by him/her self.

Explanation: For the purpose of this Rule-
(a) “Simple repair” means the prevention of leakage of drinking water from the structure, covering the
underground pipes exposed in the surface, cleaning the structures, renovation of intake, reservoir, chamber, tap etc. if damaged and changing the head, valve of a tap.

(b) “Large repair” means any other repair work except than the simple repair which has to be made if any
structure has been breaked by a catastrophe or suddenly damaged by any reason.

Chapter-6 Provision relating to utilization of service
29. Basis for providing the service :

The water supplier shall consider  the following subjects as a basis while providing the service.
(a) Geographical location,
(b) Population,
(c) Quantity of water to be available at the source,
(d) Capacity of the structure,
(e) Other technical matters.

30. Priority to be given to utilize the service :

(1) The water supplier under the provision prescribed pursuant to Rule 29 shall give priority to the following consumers in the utilization of the service-
(a) Health post, orphanage, elders’ home and social organizations,
(b) Temporary camp established due to flood, fire, spread of epidemic disease or similar other natural disaster or catastrophe,
(c) School, hostel, police beat, government, semi- government or non-government office and quarter for the employee of such office,
(d) Residential house of general citizen, (e) Very urgent construction work of public importance,
(f) If for the industry/factory, workers of such industry  and factory.
(2) The water supplier shall make required consultation with  concerned Village Development Committee or Municipality, District  Drinking Water Office and Committee to determine the priority list to  provide service except than that mentioned in Sub-rule (1).

31. Application to be submitted to be a consumer :

(1) A person or an  institution intending to utilize a service of a water supplier shall submit  an application to the water supplier in the format prescribed by water  supplier.
(2) After receiving the application pursuant to Sub-rule (1) the water supplier shall make an inquiry on technical and other required matters in relation to whether the service according to the demand of the  applicant can be provided or not and on such inquiry if the service  deemed to be provided, the estimate of the cost to provide the service has to be made and a notice with allocation of a time shall be given to  the applicant to deposit the money.
(3) If the money has been deposited by the applicant in accordance to the given notice with allocated time pursuant to Sub-rule
(2), the water supplier shall submit the name of such person on the consumer list and shall provide the service to him/her.
(4) On the inquiry made pursuant to Sub-rule (2), if the service deemed not to be provided, the notice of such decision shall be given to  the applicant.
(5) The applicant who is not concerning on the decision of the  water supplier pursuant to Sub-rule (4) may submit a complain before the district drinking water office.
(6) On receiving a complain pursuant to Sub-rule (5) district drinking water office may give an appropriate order after making required inquiry on that complain and such order shall be binding to  both of the concerned water supplier and the complainant.

32. Conditions to be made :

(1) Water supplier may make necessary conditions in providing the service to the applicant  Provided that, not to be against the Act, these Rules and in case of a project handed over by the Government pursuant to the Section 11
of the Act, the conditions made by Government of Nepal on handover of the project.
(2) In making the conditions pursuant to Sub-rule (1) the water supplier shall make necessary consultation with the District Drinking Water Office and Village Development Committee or Municipality.

33. Service may be reduced:

(1) If the demand of drinking water has  been higher in quantity than the capacity of the structure and the service cannot be provided according to such demand, in such situation the  water supplier may reduce the service of the consumer fully or partially in the priority basis determined pursuant to Rule 30.
(2) While the service has been reduced pursuant to Sub-rule (1), the water supplier shall consult with committee, District Drinking Water  Office and concerned Village Development Committee or Municipality.

34. Service may be stopped :

The water supplier may stop the service provided to the consumer in the following conditions-
(a) If the consumer has not paid the service charge to be paid for  utilizing the service then till such charge has not been paid,
(b) If the consumer violates any condition of the agreement made  with the water supplier, till such conditions has not been obeyed  (fulfilled).
(c) If the structure has been damaged or supposed to be damaged,  till the required repair has been completed,
(d) If the water of the source or structure has been unusable due to pollution or by any reason then it has been useable with the view  of health.

35. Notice to be given :

Except in the emergency situation pursuant to  Rule 33 and part (c) & (d) of the Rule 34 of immediate stopping of the
service, if service has to be stopped by any reason the water supplier shall publish the notice of such at least Fifteen days before and shall provide the information of such to the concerned person or institution.

36. Duties of consumer :

The duties of a consumer shall be as follows-
(a) To pay the service charge for utilizing the service and as prescribed by the water supplier in time to the water supplier,
(b) Immediately inform the water supplier about the unauthorized  misuse of service or leakage of the drinking water by anybody or if known that such activities has taken or has been taking  anywhere,
(c) To provide required assistance to the water supplier in the repair  and preservation of a structure developed by a consumer  organization.

37. Prohibited actions by consumers :

(1) The following actions are  prohibited to the consumers-
(a) Any actions against Rule 36,
(b) The unauthorized misuse of service or to leakage  drinking water or to perform other similar actions,
(c) To provide a separate similar line to other person  from the line utilized by him/her self,
(d) To break or damage the water consumption measuring meter joined while joining of the tap and
its seal.
(2) If any consumer has performed the action against the Sub-rule
(1), the water supplier may reduce the service provided to such consumer.

Chapter-7  Provision related to service charge

38. Committee to determine (fix) the service charge :

(1) Determine the rate of service charge that has to be paid for the service utilized by  the consumers from the project developed and operated by a licensee, service charge determine committee shall be (constituted) formed as follows-
(a) Person allocated by  Government of Nepal – Chairperson
(b) Representative, the Committee – Member
(c) Representative, District Drinking Water Office – Member
(d) Person among the consumers allocated by
Government of Nepal – Member
1(e) Concerned water supplier -Member secretary
(2) The committee pursuant to Sub-rule (1), while determining the rate of service charge shall consider the cost of the project, the operating method of the construction, type of service, the repairing cost,  number of consumers, annual income depreciation rate, proper benefit,  change in price list, etc.
(3) Notwithstanding anything contained in Sub-rule (1), and (2), the service charge has to be paid for the service utilized by consumer from the project developed by the consumer organization or handed over  by the Government of Nepal pursuant to the Section 11 of the Act, shall  be as determined by the concerned water supplier.
(4) On determination of service charge pursuant to Sub-rule (3), the water supplier shall determine the service charge by taking the assistance of district drinking water office in relation to the required cost for the operation and repair of the project.

39. Service charge has to be collected as cash, kind or peoples  labour:

The service charge determined by the water supplier pursuant to Sub-rule (3) of Rule 38 may be collected by the water supplier from the consumer as cash kind or peoples’ labour.

40. Mode of payment of service charge and deadline :

(1) The mode  of payment of service charge and deadline for it shall be as determined by the water supplier.
(2) Water supplier shall give a receipt after taking service charge  from the consumer.

41. Late fees :

(1) If service charge has not been paid by a consumer in time prescribed by the water supplier, he/she shall pay late fee.
(2) The amount of late fee has to be paid pursuant to Sub-rule (1), shall be as prescribed in case of the project operated by a person holding license by the committee and in case of the project operated by consumer organization by the concerned water supplier.

42. The measuring unit for quantity of water :

For the purpose of  determining the service charge, the committee formed pursuant to Sub- rule (38), for determining the service charge shall maintain (keep) the quantity of water as cubic meter/thousand liter per month.

43. Joining of the water utilization measuring meter:

(1) The water supplier shall join a water utilization measuring meter with the required seal in every consumer’s tap to measure the quantity of water has to be used by the consumer with the purpose of determination of service
charge.
(2) Notwithstanding anything contained in Sub-rule (1), in special  circumstances or for the simplification, water supplier may provide the  service to the consumer without joining the water measuring machine.
(3) If the water measuring meter joined pursuant to Sub-rule (1),  has been damaged, destroyed or become dysfunctional due to any other reason and the quantity of water has not been measured, then the  consumer shall give the notice of such meter to the water supplier as  soon as possible.
(4) If the notice pursuant to Sub-rule (3) has been received the water supplier shall repair the water utilization measuring meter joined in the tap of the concerned consumer or shall join new water utilization  measuring meter in such tap.
(5) The seal kept by the water supplier in the water utilization  measuring meter shall not be changed or opened by any other person except the person designated by the water supplier.

44. Committee to determine compensation:

(1) For the purpose of  Section 15 of the Act, to determine the compensation, a compensation determination committee in the chairmanship of the Chief District Officer also comprising the representatives of District Drinking Water Office and District Irrigation Office shall be established.
(2) The committee pursuant to Sub-rule (1) shall determine the compensation by evaluating the real damage that has been made to the concerned land owner.
(3) The compensation has been determined by the compensation determination committee pursuant to Sub-rule (2), shall be acceptable to both parties.
(4) The amount of compensation determined by the compensation  determination committee pursuant to Sub-rule (2), shall be paid by the  licensee to the concerned person within Thirty days.

45. Application to be submitted to utilize or (acquire) other’s house
and land
:

(1) If for the utilization of a source any person’s house and land has to be utilized or acquired, the licensee shall submit an application in the format prescribed by Schedule-7, before the Government of Nepal.
(2) If the application received pursuant to Sub-rule (1), the Government of Nepal shall make a required inquiry on the application and on the inquiry if deemed to provide (acquire) the house and land as demanded by the applicant, the house and land shall be provided to the  applicant as equivalent to the acquiring of house or land for an  organization pursuant to the prevailing law.

46. The compensation of house or land prohibited to use :

(1) Pursuant to the Sub-section (3) of Section 16 of the Act, if a licensee has  done a construction work related to the development or utilization of a  project and Government of Nepal may prohibit to use the premises of such house or land by any one or for a particular work for the security of  such construction work, causing a damage to the concerned person, the license shall give the compensation for the damage caused by such  prohibition.
(2) The determination of compensation given pursuant to Sub-  rule (1) and other provisions about it shall be pursuant to Rule 44.

Chapter-8  Miscellaneous

47. Inspector :

(1) District Drinking Water Office may allocate inspector to  inspect a project.
(2) The inspector allocated pursuant to Sub-rule (1), shall inspect the project frequently and may give required order and direction to the  water supplier in the following subjects and shall inform the district  drinking water office about such-
(a) Physical protection of source and protection from  adverse environmental efforts,
(b) Construction, repair and security of the structures,
(c) Keeping the record of quantity of drinking water in  the source and structure, reduce or increase the flow
of drinking water and prevent the unauthorized  leakage of drinking water and misuse of service,
(d) Prevent the drinking water to be polluted and to  make it healthy,
(e) Management of the service to be provided to  consumers, the supply of drinking water and other technical matters.
(3) Except written in Sub-rule (2) in relation to service operation  and utilization, district drinking water office shall give required order  and directive to the concerned water supplier.
(4) The order or directive issued by inspector or district drinking water office shall be obeyed by the concerned water supplier.

48. Complain may be submitted :

(1) If a consumer has not been  satisfied by the decision made by water supplier about the utilization of service may submit (produce) a complain before the district water  supply office.
(2) On the receipt of such complain pursuant to Sub-rule (1), district drinking water office may give a required order making  consultation with the Committee, Village Development Committee or Municipality as per the need and the order thus given shall be acceptable  to the concerned supplier or consumer.

49. Official designated (allocated) :

For the purpose of Section 21 and 22  of the Act, the committee is designated as an official.

50. Change in Schedule :

Government of Nepal by publishing a notice in  Nepal Gazettes may change the Schedules of these Rules as per the  need.

51. Directives to be prepared and commenced :

The water supplier  may prepare the directives not against the provisions of the Act or these  rules and subject to the service to be provided to the consumers as per  the need and shall commence it.

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