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ngopartner · 11 months

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The Significance of FCRA Registration for NGOs

Non-Governmental Organizations (NGOs) play a pivotal role in addressing various social and developmental issues in India. Often, they rely on external funding sources to support their initiatives. However, when it comes to receiving foreign funds, FCRA (Foreign Contribution Regulation Act) registration is of paramount importance. This article delves into the significance of FCRA registration for NGOs, emphasizing the advantages of the online FCRA registration process.

Understanding FCRA Registration:

The Foreign Contribution Regulation Act, introduced in 2010, is a legal framework established by the Indian government to regulate the acceptance and utilization of foreign contributions by NGOs. This regulatory measure is crucial for maintaining transparency, accountability, and the security of the nation.

The Importance of FCRA Registration:

Transparency and Accountability: FCRA registration ensures that NGOs receiving foreign funds are accountable for the usage of these funds. It requires NGOs to maintain detailed records of all foreign contributions, their sources, and the projects or programs they fund. This transparency builds trust among donors and regulatory authorities, enhancing the credibility of the NGO sector.

National Security: The FCRA also serves as a safeguard to protect India's national interests. It prevents foreign contributions from being used to undermine national security, political stability, or public order. By monitoring and regulating these funds, online FCRA registration process helps ensure that they are used for lawful and constructive purposes.

Efficient Fund Management: FCRA registration facilitates the efficient management of foreign funds. It streamlines the process of receiving and utilizing foreign contributions, ensuring that NGOs can focus on their core activities without the burden of complex administrative procedures.

Online FCRA Registration for NGOs:

Recognizing the importance of FCRA registration, the Indian government has introduced an online registration process for NGOs, simplifying and expediting the application process. This transition to an online platform has several advantages:

Time and Resource Efficiency: online FCRA registration process eliminates the need for NGOs to make physical visits to government offices, saving time and resources. NGOs can complete the registration process from the comfort of their own offices, reducing bureaucratic hurdles and expediting the application process.

Error Reduction: The digital platform provides a user-friendly interface and clear instructions, reducing the chances of errors or omissions in the application. This can be especially beneficial for NGOs with limited administrative resources.

Faster Approval: online FCRA registration process typically leads to faster approval, allowing NGOs to access foreign funds promptly. This ensures that their projects and programs can be initiated and sustained without undue delays.

The Impact on NGOs:

FCRA registration significantly impacts NGOs, both in terms of their operations and their ability to fulfill their missions:

Enhanced Credibility: FCRA-registered NGOs are viewed as more credible and trustworthy by donors, partners, and beneficiaries. This reputation can attract more funds and resources, enabling NGOs to expand their reach and impact.

Expanded Funding Opportunities: FCRA registration opens the door to a broader range of funding sources, including international donors, foreign governments, and non-profit organizations. This diversification of funding can reduce the dependency on a single source and increase financial stability.

Effective Project Implementation: With a streamlined process for receiving foreign funds, NGOs can focus on the efficient and effective implementation of their projects and programs. This allows them to channel their resources and efforts towards their core mission, resulting in a more substantial impact on the communities they serve.

Compliance with Regulations: FCRA registration ensures that NGOs are in compliance with legal requirements, reducing the risk of legal challenges and disruptions to their activities. NGOs can operate with confidence, knowing that they are adhering to the law.

Challenges and Considerations:

While online FCRA registration process offers numerous benefits, NGOs must also be aware of the compliance requirements and reporting obligations associated with it. Failure to comply with these regulations can lead to penalties, suspension of registration, or even cancellation of FCRA registration.

Furthermore, the FCRA is subject to periodic amendments and revisions, and NGOs need to stay informed about any changes in the regulatory framework. This may require periodic updates to their registration and reporting procedures.

In conclusion, FCRA registration is essential for NGOs seeking to access foreign funds in India. Online FCRA registration for NGOs simplifies and expedites the process, making it more accessible and efficient. With FCRA registration, NGOs can uphold the values of transparency, accountability, and national security while effectively pursuing their missions and creating a positive impact on society. By embracing FCRA registration, NGOs can unlock a world of opportunities and contribute to positive social change.

#csr #government funding #registration #funding #ngo donation

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blogynews · 11 months

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"Breaking News: Mysterious FCRA Approval Granted to Ram Temple Trust by MHA - Unveiling Secrets Behind the Sacred Project!"

The Shri Ram Janmbhoomi Teerth Kshetra Trust, established by the Government of India for the construction of the Shri Ram Temple in Ayodhya, has been granted permission to accept foreign contributions. The Ministry of Home Affairs has registered the trust under the Foreign Contribution (Regulation) Act, 2010. The trust announced on social media that it has been registered to accept voluntary…

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blogynewz · 11 months

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"Breaking News: Mysterious FCRA Approval Granted to Ram Temple Trust by MHA - Unveiling Secrets Behind the Sacred Project!"

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razorblogz · 1 year

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American Pastor Boasts About Conversion In India – Should We Be Worried?

Christian associations continue to protest alleged mistreatment in India, and the United States has frequently reprimanded and lectured India on minorities’ rights in its numerous human rights reports. India, on the other hand, has constantly disputed their charges and replied in kind. Now, a 10-month-old video of a priest has surfaced, in which he declares that India is the top destination for conversions and that, despite Prime Minister Narendra Modi and the RSS’s efforts, they have succeeded in their mission. Father Chris Hodges of the Church of Highlands, said that his organization’s missionaries had already converted over 1 lakh Hindus in a single week. In this context, let us examine this claim and understand whether we should be worried about this disturbing news.

Controversial Claim

Pastor Chris Hodges stated that his organization’s missionaries converted over 100,000 Hindus in a single week. The preacher made the claims during a roughly 39-minute lecture. Chris Hodges is the senior pastor of the Highlands congregation, which advertises itself as a life-giving church gathering in numerous sites around Alabama and West Georgia on its official website. Chris Hodges serves as the founder and senior pastor of the Church of the Highlands, as mentioned on the website. He co-founded ARC (Association of Related Churches) in 2001, which has assisted in the establishment of hundreds of churches across the United States. He also launched Grow, a company that specialises in training and supporting clergy and congregations to help them overcome obstacles and realise their full potential. Chris Hodges, in addition to his role as the founder and senior pastor of the Church of the Highlands, is also the founder and Chancellor of Highlands College. This educational institution focuses on providing ministry training to students, equipping them for full-time employment in various areas of ministry. Referring to the Hindu majority of India as “lost people” in a film titled ‘Signs of the Times’ that was published on August 22, last year. According to Chris Hodges, one of the regions on the earth with the highest number of lost individuals who are both detached and unreached is the northern India region. The Pastor also expressed his disappointment that the RSS and Prime Minister Modi had made conversion harder in India. The missionary informed the pastor that they sponsor a group in north India, according to the preacher. And they organised into 3,931 outreach teams, which scattered over 15 northern Indian states to perform evangelism. He detailed how missionaries use the idea of demon possession to prey on the gullible. The pastor stated unequivocally that missionaries send ‘demon-possessed’ people to disturb villages, followed by the pastors coming into the villages as messiahs and casting out the demons.

Is Conversion Tougher Under Modi-Shah?

Among the troubling revelations, one of the intriguing things he said was how conversion has gotten more difficult in North India under the Modi-Shah BJP leadership. He asserted that it is in northern India, although the southern region was substantially Christianized. Over the last 10 years, India has taken a disastrous turn. Notably, the Bharatiya Janata Party-led National Democratic Alliance has been in office since 2014 and has cancelled the licences of various organisations, including Christian ones, for violating the 2010 Foreign Contribution Regulation Act (FCRA). Pastor Chris Hodges expressed his dissatisfaction with recent events, saying, “Their Prime Minister has literally kicked out a lot of Christian agencies, and their entire organisation is set on making India 100% Hindu.” And it’s become extremely dark there. Most crucially, he failed to present any proof to support his fabricated charge. The Union Home Ministry has informed the Supreme Court that the right to religious freedom does not include the right to convert. Fraudulent or induced conversion violated an individual’s right to freedom of conscience while also jeopardising public order, according to the government, and therefore the state is fully within its rights to regulate/restrict it. The Supreme Court bench, consisting of Justices M R Shah and Him Kohli, expressed that while freedom of religion exists, it does not extend to forced conversions. This is a significant matter, and everyone has the freedom to choose their faith, but not through forced conversion or by providing temptation, according to the Bench. Home Minister Amit Shah stated that the Centre has regulated the operation of non-governmental organisations (NGOs) involved in religious conversions and anti-national activities. He also stated that the administration has made changes to the Foreign Contribution Regulation Act (FCRA). Some NGOs had engaged in anti-national crimes and religious conversions while abusing the FCRA, according to Home Minister Shah. The government’s dedicated initiatives and stringent implementation of legal regulations have made conversion by coercion and seduction much more difficult for these groups.

UP As A Sample State

Since the Prohibition of Illegal Religious Conversions Act was passed in Uttar Pradesh in 2020, 507 people have been detained as a result of 291 complaints being filed. 59 of the 291 incidents included children being converted. In 150 of these incidents, the victims claimed that they were compelled to go underground. The government of Yogi Adityanath has been particularly tough on the issue. CM Yogi Adityanath has often instructed officials that this situation must be closely monitored. During a review meeting last week, the CM stated that Christmas must be celebrated cheerfully. He did, however, emphasise that there should be no religious conversions in the state. Thus, the Yogi government in Uttar Pradesh has set a precedent for other Indian states to follow in order to avert this troubling trend.

Conversion from one faith to another is not an issue because it is based on an individual’s right to freedom and choice. However, such blatant declarations of conversion and finance in order to persuade and violently convert would do more harm than good to Indian society’s secular fabric. We, as responsible Indian citizens, will be concerned about this tendency and will be watchful enough to defend the nation’s secularism and integrity by resisting attempts to forcefully distort religious makeup.

#Pastor Boasts #India

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dmsachin · 1 year

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How to Register an NGO in India: A Step-by-Step Guide

Introduction

Are you passionate about making a difference in your community and want to start an NGO (Non-Governmental Organization) in India? NGOs play a crucial role in addressing various social issues and creating a positive impact on society. Whether your focus is on education, healthcare, environment, or any other cause, the process of registering an NGO can be both fulfilling and challenging. In this comprehensive guide, we will walk you through the steps to register an NGO in India, highlighting the importance of doing it correctly. If you're looking for professional assistance in NGO registration services, you're in the right place, as we at ngopartners.org are dedicated to helping you bring your philanthropic vision to life.

Step 1: Define Your Mission and Objectives

Before diving into the registration process, it's essential to have a clear understanding of your NGO's mission and objectives. Identifying the social issue you want to address and setting specific goals will guide your organization's activities and ensure you stay focused on your cause. Whether it's providing education to underprivileged children, supporting healthcare initiatives, or promoting environmental conservation, having a well-defined mission is the foundation of your NGO.

Step 2: Choose the Right Structure

In India, NGOs can be registered under various legal structures, including:

1. Trust: Setting up a trust is a common choice for NGOs. It involves creating a trust deed and registering it with the local authorities.

2. Society: NGOs can also be registered as societies under the Societies Registration Act, 1860. This structure is suitable for membership-based organizations.

3. Section 8 Company: Section 8 Companies, previously known as Section 25 Companies, are registered under the Companies Act, 2013. They are nonprofit entities formed for promoting social welfare.

Choosing the right structure depends on your organization's specific needs and objectives. Consulting with legal experts or NGOs like ngopartners.org can help you make an informed decision.

Step 3: Create a Governing Body/Board

Every NGO needs a governing body or board of trustees to manage its affairs. This body is responsible for making strategic decisions, overseeing finances, and ensuring the organization operates in line with its mission. When forming your governing body, consider individuals who are passionate about your cause and have the skills and expertise to contribute effectively.

Step 4: Draft a Constitution or Memorandum

For trusts and societies, drafting a constitution or memorandum is essential. This document outlines the rules, regulations, and objectives of your NGO. It should include details about the organization's structure, membership criteria (if applicable), and decision-making processes. This document will be submitted as part of the registration process.

Step 5: Register Your NGO

The registration process varies depending on the chosen legal structure:

- Trust: Register your trust deed with the local Sub-Registrar office. Each state may have specific requirements, so check with the local authorities for precise instructions.

- Society: Submit the memorandum and rules and regulations of the society to the Registrar of Societies in your state. Once approved, you will receive a certificate of registration.

- Section 8 Company: To register as a Section 8 Company, you'll need to apply for a license from the Central Government through the Registrar of Companies (ROC). The ROC will assess your application and grant the license if all criteria are met.

Step 6: Obtain Necessary Approvals

Depending on your NGO's activities and objectives, you may need to obtain approvals or licenses from various government departments or authorities. For instance, if your NGO plans to receive foreign donations, you must register under the Foreign Contribution (Regulation) Act, 2010 (FCRA). Ensure you comply with all relevant laws and regulations.

Step 7: Tax Exemptions

NGOs registered in India can apply for tax exemptions under Section 12A and 80G of the Income Tax Act, 1961. These exemptions can benefit your donors and your organization by making contributions tax-deductible.

Conclusion

Starting an NGO in India is a noble endeavor that can have a significant impact on society. However, the process of registration and compliance with legal requirements can be complex and time-consuming. If you're looking for expert guidance and support in NGO registration services, ngopartners.org is here to assist you every step of the way. By following the steps outlined in this guide and ensuring compliance with all legal and regulatory requirements, you can embark on your journey to make a positive change in your community and beyond.

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attud-com · 2 years

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#AmanBiradari #AssociationforRuralandUrbanNeedy #CanAssistSociety #CBIinquiry #childsexualabuse #CitizenshipAmendmentAct #Congress #DelhiPolice #DilSeCampaign #EconomicOffenceWing #ForeignContributionRegulationAct #Gujaratriots #HarshMander #MinistryofHomeAffairs #NationalAdvisoryCommittee #NationalCommissionforProtectionofChildRights #protestsagainstCitizenshipAmendmentAct #RainbowFoundationofIndia

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cafirmasc · 2 years

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The Foreign Contribution Regulation Act (FCRA), 2010 is an Act of the Parliament of India enacted to regulate the acceptance and utilization of foreign contribution or foreign hospitality by certain individuals or associations or companies. In case of any further assistance with regards FCRA Registration, renewal, compliances, or any other clarification, please feel free to contact the ASC Group.

#FCRA Registration

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freelawbydjure · 2 years

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Eventful 2022 in Supreme Court: Many Key issues answered and landmark judgments delivered

Introduction

Apart from the collegium rift between the Central Government and the Supreme Court, the year 2022 was a remarkable one. Although 2022 witnessed three different CJIs, N.V. Ramana, U.U. Lalit, and now D.Y. Chandrachud, Landmark decisions were given to guarantee and protect citizens’ rights and liberties.

For the first time in the history of the Supreme Court, the current CJI is son of a former CJI. His father, Y.V. Chandrachud served as the 16th Chief Justice of India and holds the record of serving for the longest tenure (1978 to 1985).

In this article, a list of landmark judgments given by the Supreme Court every month in the year 2022 is discussed.

Daughter’s right to inherited property

January 20, 2022: Arunachala Gounder (Dead) by LRS vs Ponnusamy

The Supreme Court of India stated that the self-acquired property of a deceased Hindu male would be resolved by way of inheritance rather than survivorship as per the Hindu Succession Act, 1956. In Arunachala Gounder (Dead) by LRS vs Ponnusamy and Ors. case, the Apex Court allowed the appeal. After investigation, it has been identified that the property was the self-acquired property of Marappa Gounder. Hence, his sole daughter, Kupayee Ammal would inherit the property. In such property disputes where more than one daughter is left behind, the Court’s verdict is crucial.

The decision of SC on the minor child rape case

February 09, 2022: Pappu vs the State of Uttar Pradesh

While hearing the case, the Supreme Court partly accepted the decision of the High Court in which an appellant was accused of enticing a 7-year-old girl on the pretext of picking lychee fruit. The appellant then committed rape resulting in death of the girl. He dragged the victim’s body to approximately a distance of one kilometer and dumped her near a bridge on a riverbank. The session judge convicted the appellant of the death sentence and was charged with the offences under Sections 302, 376, 201 IPC, and ¾ POCSO. This was further upheld by the HC stating that punishment of death is “Eminently desirable”. After this, the appellant approached the Supreme Court and the decision of the HC was partly accepted by changing death sentence to life imprisonment.

Supreme Court upheld the policy of OROP (One Rank One Pension) over ORMP (One Rank Multiple Pensions)

March 16, 2022: Indian Ex Servicemen Movement & Ors. vs Union of India & Ors.

The central government’s scheme of OROP for the armed forces was upheld by the bench of the SC. The scheme states that two individuals of same rank and same service years must get an equal pension when retiring from the military. Despite of same rank and service years, some military officers receive different pensions due to different reasons. The petitioners contended that separate classes among the military personnel were created by OROP based on length of service and rank. While hearing this case, the Chief Justice of India held that no constitutional infirmity was identified in the OROP principle in the pension scheme.

Changes in FCRA impacts the right to receive unregulated foreign funds

April 08, 2022: Noel Harper & Ors. vs Union of India & Anr.

While hearing Noel Harper & Ors. vs Union of India & Anr. case, the top Court disposed of the writ petitions. The provision namely Sections 7, 12(1A), 12A, and 17 of the 2010 Act were declared intra vires by the bench of the Supreme Court. Herein, the amendment introduced different changes to FCRA (Foreign Contributions Regulation Act) affecting NGOs as they were not able to receive foreign funds. The amendment was then challenged by Noel Harper who was the Chairman of the Jeevan Jyothi Charitable Trust and the Care & Share Charitable Trust. The Justices C.T. Ravikumar, Dinesh Maheshwari, and A.M. Khanwilkar held that the “Right to Association does not include the right to receive unregulated foreign funds”.

Government never mandated the Covid-19 vaccine says the SC

May 2, 2022: Jacob Puliyel vs. Union of India & Ors.

The Supreme Court of India on May 2, 2022 disposed of the writ petition filed by the petitioner describing the consequences of emergency approval of the Covid-19 vaccine, need for disclosure of clinical data and transparency in clinical trial data. The petitioner further filed an Interlocutory Application whereas the respondent objected to the maintainability of the writ petition. The Supreme Court stated that the government had never mandated the vaccine and also pointed out different issues of the petitioners.

Supreme Court’s decision on large scale criminal conspiracy

June 24, 2022: Zakia Ahsan Jafri vs State of Gujarat & Anr.

The top Court held no criticism of SIT’s (Special Investigation Team) approach and the decision was taken based on the investigation report by SIT. In this case, the deceased was killed and the case was presented before the High Court by the appellant which was dismissed. A special investigation team was found since the petitioners did not follow an appropriate procedure to file the complaint as well as the HC did not issue directions for FIR registration. The Gujarat Government objected stating undue delay in filing of FIR. During the investigation, SIT identified 30 allegations in the stated complaint including the instructions given by Shri Narendra D. Modi to give vent to Hindu anger (in the wake of Godhra incident) toward minority Muslims. After investigation, the SIT gave “clean chit” to the accused and the Supreme Court found that all the assertions of the appellant were false.

SC on unmarried women’s right to abortion

July 21, 2022: X... vs The Principal Secretary Health and Family Welfare Department & Anr.

The petitioner was allowed to terminate a pregnancy based on the proper interpretation of the statute and ensured that no benefit would be revoked on the ground that the petitioner is an unmarried woman, mentioned by the Supreme Court. In this case, an unmarried woman was in a consensual relationship and learned that she was pregnant for a term of 22 weeks. As her relationship failed, she wanted to terminate the pregnancy. Also, she stated that due to the absence of livelihood she would not be able to nurture the child properly. A writ petition was further presented before the Delhi High Court to allow her to abort. While addressing this case, Medical Termination of Pregnancy Rules 2003 was thoroughly considered.

Supreme Court on unreasonable fees demand by arbitrators

August 30, 2022: Oil and Natural gas Corporation Ltd. vs Afcons Gunanusa JV

While hearing this case, the Supreme Court held that arbitrators do not have the power to determine their fees by issuing enforceable orders. Also, the arbitrators cannot be their own judge against the parties. The parties can approach the Court to review the fees demanded by the arbitrators if they feel it to be unreasonable. In addition, the top Court illustrated that arbitrator’s fees should be fixed to avoid unnecessary conflicts and litigation.

Supreme Court on juvenile justice

September 12, 2022: Vinod Katara vs State of Uttar Pradesh

While hearing Vinod Katara vs State of Uttar Pradesh case, the Supreme Court stated that keeping children in an adult jail results in different types of liberty infringement. Petitioner was found guilty of murder by the Agra’s Session Court and sentenced him for life imprisonment. The Allahabad High Court, while hearing the public interest litigation ordered the JJB (Juvenile Justice Board) to check the prisoner’s age in the jail who claims to be a juvenile. On Medical examination, it was identified that the applicant was around 15-years-old. Therefore, the SC ordered the JJB to perform bone ossification test for confirming the age of the applicant so that proper actions could be taken.

Does wearing hijabs at school affect uniformity and discipline

October 13, 2022: Aishat Shifa vs The State of Karnataka

The bench of the Supreme Court including two judges Justice Hemant Gupta and Justice Sudhanshu Dhulia delivered a split judgment on the case of Aishat Shifa vs The State of Karnataka. The judgment was made on whether Muslim students shed their hijabs before entering their school gates. Justice Sudhanshu Dhulia said that asking a girl to take off her hijabs at the school gate is an invasion of their privacy and an attack on their dignity. Also, he addressed that there should be restriction on wearing hijabs in schools and colleges in Karnataka further stating that “wearing hijab is ultimately a matter of choice”. In his opposition, Justice Hemant Gupta said that “secularity means uniformity” and compiled that wearing uniforms is a reasonable restriction. This split decision of the judges results in presenting the case to a larger bench.

EWS reservation impacting the basic structure of Constitution

November 07, 2022: Janhit Abhiyan vs Union of India

In this case, threefold grounds were addressed which were the bases of the challenge to the 103rd Constitution Amendment. First was making special provisions based on economic criteria in education and employment. Second was excluding educationally and socially backward classes (SC, ST, OBCs) from the benefit of special provisions (EWS reservation). The last one was proving 10 % additional reservations resulting in a breach of 50% reservations. All these grounds result in unacceptable abrogation of the Equality code affecting the basic structure of the constitution. While hearing this case, split decisions were given by the bench of five SC Justices including CJI. Uday Umesh Lalit, J. Dinesh Maheshwari, J. S. Ravindra Bhat, J. Bela M. Trivedi and J. J.B. Pardiwala. The challenges raised to the 103rd Constitution Amendment fails due to the decision rendered by the majority of Justices.

Quashing of criminal complaint

December 16, 2022: Hasmukhlal D. Vora & Anr. Vs The State of Tamil Nadu

In this case, the appellant had filed an appeal against the judgment of the High Court where the appellant’s plea to quash the criminal complaint was dismissed. It has been said that the appellant had sold the bulk quantity of raw materials to various drug manufacturers by dividing it into different pack sizes. There was no stock found on the premise of appellant and the respondent did not have a proper explanation regarding the delay of more than 4 years between SCN, initial site inspection and complaint. After the investigation, the Supreme Court allowed the appeal by setting aside the impugned judgment passed by the HC. Also, stated that it’s the duty of the HC to perform proper investigation to prevent miscarriage of justice even though quashing of the criminal complaint was done in rarest of rare cases.

#law

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