Education in regard to a professional
skill may be for different levels.
Firstly, to train him to undertake the
role. Ther...
With regard to pre-induction
1.
2.

Upgradation
Specialisation
Meaning of terms, design, delivery
and standardization.
As regards contents of education,
objective, various subjects to be
covered and sequence in which
these are to be tackled.
Where is to be done (provided),
sustainability of the location,
faculty to impart, language, text
and assessment of transm...
means
1. To

cause to conform to a
standard
2. To evaluate by comparing with a
standard
Standardization implies consistency
and uniformity. By its inclusion in
the scope of the presentation, it is
meant to be o...
The role and responsibilities of
court managers in enhancing
judicial administration.
In ancient India what was the
teaching and a caution to the
judges.
1.

Neither the king nor any servant
of his, shall himself cause a law
suit to be initiated or hush up
that has been broug...
2.

Where Dharma (justice) is sought
to be destroyed by Adharma
(injustice) and truth is sought to
be destroyed by untruth...
The economic drain that the law
courts cause has at no times been
considered. And yet it is not a
trifle. Every institutio...
What we must aim at is an
incorruptible, impartial and
able judiciary right from the
bottom.
Young India, 27.8.1931, p 240
The situation has remained
Unchanged.
The administration of justice has
become so obsolescence that most
people regard the law as an
enemy rather than as a frie...
The law may not be an ass but it is
certainly a snail: the operation of
our legal system is not merely
slow but is suscept...
As on December 31, 1977, there
were no fewer than 5,87,319 cases
pending in different High Courts of
India not to speak of...
Though the problem of the
administration of justice is so vast
and urgent, we have not even
started nibbling at it.
Nani P...
It is not only the lawyers who
feel so. The judges hold the
same opinion.
With a legal architecture
designed for a colonial situation
and a jurisprudence structured
around a free market economy,
t...
AT ANOTHER PLACE
How can a twentieth century justice
be produced out of a nineteenth
century mould?
This is the problem wh...
The existing system
1. Delay

in disposal
2. Erosion of faith
3. Corruption
4. Shortages of judges, court staff
and infras...
Hence, a clear need to improve
the management of courts and
judicial system.
Who is primarily responsible to
take remedial steps?
The obligation is upon the
judiciary.
1.

Appointments of officers and
servants of the Supreme Court
shall be made by the Chief
Justice of India or such other
J...
Provided that the President may by
rule require that in such cases as
may be specified in the rule, no
person not already ...
2.

Subject to the provisions of any
law made by Parliament, the
conditions of service of officers
and servants of the Sup...
Provided that the rules made
under this clause shall, so far
as they relate to salaries,
allowances, leave or
pensions, re...
At the level of High Courts
1.

Appointments of officers and
servants of a High Court shall be
made by the Chief Justice of the
Court or such other Ju...
Provided that the Governor of the
State may by rule require that in
such cases as may be specified in
the rule no person n...
2.

Subject to the provision of any law
made by the legislature of the state,
the conditions of service of officers
and se...
Provided that the rules made under
this clause shall, so far as they relate
to salaries, allowances, leave or
pensions, re...
3.

The administrative expenses of
a High Court, including all
salaries,
allowances
and
pension payable to or in respect
o...
Let us get an human resources
provided for
The strength of Judges



Chief Justice
Hon’ble Judges

-

01
27
The judicial and administration
staff
Nature and Type of Posts
Registrar General
Secretary General

01

Registrars

01

Additional Registrars

21

Deputy Regist...
Court Master

53

Senior Judicial
Assistant

55

Junior Judicial
Assistant

257
NUMBER OF POSTS
Gazetted Officers 221
Non Gazetted
Officers

805

Class IV

704
How are the personnel
management functions being
currently performed?
An illustration list of candidates
NOT found eligible to appear in
Junior Court Assistant Exam, 2012.
Total number

356

DOB blank/over
age
No photo
attached
Not citizen/Not

26
36
11
Not citizen/Not
Graduate
Not citizen/over
age
Not Graduate
Over age

10
03
110
167
QUESTION
How could persons be recruited for
the
Supreme
Court
whose
photographs are not held or whose
nationality or date ...
Judges
Registrar
General
Registrars
Jt. Registrars
Dy. Registrars
Asstt. Registrars

1/1
9/1
20/7
18
29
The figures in slash depict
those belonging to HJS.
Does such a large work force
contribute to efficiency?
Does the management
and operation of
officers and servants
and the expenses of
the Supreme Court is
conducive to secure to...
Perhaps not!
Hence, there emerges a need to
introduce a system and expertise of
court management.
1.

The function of the CJI to frame
rules under Article 146 (2) is
legislative in nature (Paras 48
and 49).
2.

The CJI has to apply his mind
when he frames the rules with
the assistance of his officers.

3. The rules framed by CJ...
4.

The question of any reference
to the Pay Commission does
not arise. (Para 63).
The CJI may appoint a Committee
of Judges or a Committee of
experts for the purpose of
assisting him in forming the rules
...
Both the CJI and the President
act as delegates by virtue of the
conferment of power. They
must in this regard necessarily...
The framework of National
Court Management Authority
(NCMA)
NJA’S mission is to enhance timely
justice, focusing on :
1.Delay

(DAR)

and Arrears Reduction

2.Enhancing

the Quality and
Responsiveness of Justice (QRJ)
However, NJA does not seem to
have any significant programmes
targeted at court management.
Policy & Action Plan document
released by the Chief Justice of
India on 27 September 2012.
Ambitious aim to make the
judicial system ‘five plus five’ i.e.
free of cases more than five years
old.
NCMS National Court
Management System
NFCE National Framework of
Court Excellence
NCMS National
Court
C
Management
Systems...
NCMS to have six elements.
But none of them speak of how
the training or incorporation of
management concepts.
NCMSC has 18 members, out of
which nine are
Judges/Registrars
It could have included law
and management
teachers/experts.
The advisory committee of the
NCMS consists predominantly
of Judges.
While the vision is five plus
five, little is known about the
actual progress made in last
one year.
Reluctance on the part of the
decision makers to accept the need
of court management and training.
1. Adjudicational
2. Non

adjudicational or
administrative/ executive
Court management is the process
of planning, organising, staffing,
directing, co-ordinating, reporting,
budgeting and cont...
Various models considered
1. set up in 1985
2. education, training and
professional certification
programmes in court
management.
1. Non

judicial managers
2. Judges
1. Michigan

State University
2. National Centre for State
Courts.
3. Institute for Court
Management.
NACM has more than 2000
members from USA, Canada,
Australia and other countries.
A suitable model may be
evolved for India.
1.
2.

3.

4.

Ability to manage the system.
Create process and disseminate
requisite information.
Set up financial contro...
1.
2.
3.
4.
5.
6.

Judicial administration
Working of courts
Human resources management
Human resources development
Genera...
1.
2.
3.
4.
5.

Law
Human Resources Management
Human Resources Development
Court Administration
Financial Management





cost
access
delay
perception






Staff recruitment
Eelection
Appraisal
Training
Development





Formulation of policies
Quality assessment and
establishment.
Performance appraisal system




Systems management for
processing of cases.
Research development and
innovation.
1.
2.

Budget planning & control
Performance audit
Periodic programmes
Within three years
Middle level
Senior managers
Top managers





Refresher training
Specialisation
Research and Consultancy
International Co-operation
Bachel
or in
Law
(Court
Manag
ement)
outside
BCI

BBA
LLB in
Court
Manag
ement
within
BCI
scheme

Three
years or
five year...
WHO WOULD PROVIDE
THE EDUCATION?
VARIOUS OPTIONS
1.

2.

Central Research and
Development Institute.
National Judicial Academy in
conjunction with State Ju...
3. National Law Schools.
4. Private initiatives like Amity
Law Schools.
5. IIM/other management
institutions.
The concerned domain should be
law rather than management
having regard to the nature of
special subjects, expert faculty ...
The option of Bachelor of Law in
Court Management is preferred.
1.

2.

3.

Law degree will provide
comprehensive legal base.
Functioning within law domain
will facilitate better
compreh...
Higher Judiciary’s in principle
acceptance for the need to
introduce court management.
It would be desirable to develop
different specialities.





Trial Courts
Family Courts
Appellate Courts
Tribunals






Lok Adalats
Authorities
Enquiry Commissions
Military Courts
International Tribunals
DURATION – One year full
time on a trimester mode
Promulgation of the intent would
indicate the policy.
The proposed system would not to
be an overnight change.
It would be prudent to retain and
continue the existing mode as
regards induction (recruitment) for
a few years.
Introduction of a professional
programme without a reasonable
certainty of placement is to be
avoided.
Give an option to existing
officials to attend and acquire
management qualification.
During the period of transition, the
existing induction to continue,
though at a retarded pace.
Set up a committee to identify and
recommend the posts for which
exposure to court management
education would be an essent...
The committee to be headed by a
Judge should consist of advocates,
law & management teachers, a
registrar and a representa...




Define core areas of court
management skills.
Point out basic responsibilities
that all court managers should
be abl...
•Identify and engage suitable
experts for preparation of
objective literature.
•Frame requisite Rules
providing for educat...




Organisational Behaviour
Economics for Managers
Financial Management




Quantitative Techniques in
Management
Accounting and Budgetary
Control Total Credits : 3 Each





Paper I – Judicial
Administration
Paper II- Working of Courts
Paper III – HRM
Total Credits : 3 Each



Legal Communication
Behavioural Science
Human Resource Management
 Accounting & Financial
Management II
 Court Management
 Information Technology for Court
Man...
Performance Appraisal System
 System management for
processing of cases
 Quality assessment and
establishment
Total Cred...




Tribunals and Commission of
Inquiry
Grievance redressal


COURT MANAGEMENT (4
Credits)
Choose any Four
 Court Rules
 Establishment Rules
 Structural Analysis of court
Functioning
 Analytical Reports
 Inte...
implies
a process of developing and
implementing technical
standards.
can be achieved by
1. Variety

control
2. Codification
To maintain same standards
and processes throughout the
country.
It should centre around
general core competences.
Have a flexible curriculum.
Cater for education and
faculty development.
Conform to the international
court management training
programmes.
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
Education and Training for Court Managers
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Education and Training for Court Managers

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The time & efforts of judges can be better utilised and docket management significantly improved by entrusting the Court Management role to the persons specially trained. The trainers can effectively contribute to the court managers skill development.

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Education and Training for Court Managers

  1. 1. Education in regard to a professional skill may be for different levels. Firstly, to train him to undertake the role. Thereafter, to upgrade his competence.
  2. 2. With regard to pre-induction
  3. 3. 1. 2. Upgradation Specialisation
  4. 4. Meaning of terms, design, delivery and standardization.
  5. 5. As regards contents of education, objective, various subjects to be covered and sequence in which these are to be tackled.
  6. 6. Where is to be done (provided), sustainability of the location, faculty to impart, language, text and assessment of transmission etc.
  7. 7. means 1. To cause to conform to a standard 2. To evaluate by comparing with a standard
  8. 8. Standardization implies consistency and uniformity. By its inclusion in the scope of the presentation, it is meant to be of the desired quality which should be capable of objective evaluation and assessment.
  9. 9. The role and responsibilities of court managers in enhancing judicial administration.
  10. 10. In ancient India what was the teaching and a caution to the judges.
  11. 11. 1. Neither the king nor any servant of his, shall himself cause a law suit to be initiated or hush up that has been brought before him by any other person. (VIII - 43).
  12. 12. 2. Where Dharma (justice) is sought to be destroyed by Adharma (injustice) and truth is sought to be destroyed by untruth, and the judges fail to prevent the same and remain mere spectators, they are sure to be destroyed. (VII -14).
  13. 13. The economic drain that the law courts cause has at no times been considered. And yet it is not a trifle. Every institution founded under the present system is run on a most extravagant scale. Law courts are probably the most extravagantly run. Young India 6.10.1920 pp 2-3
  14. 14. What we must aim at is an incorruptible, impartial and able judiciary right from the bottom. Young India, 27.8.1931, p 240
  15. 15. The situation has remained Unchanged.
  16. 16. The administration of justice has become so obsolescence that most people regard the law as an enemy rather than as a friend.
  17. 17. The law may not be an ass but it is certainly a snail: the operation of our legal system is not merely slow but is susceptible to the most shameless delaying tactics, and resort to the courts has become a costly lottery which takes years in the drawing.
  18. 18. As on December 31, 1977, there were no fewer than 5,87,319 cases pending in different High Courts of India not to speak of the far greater number of cases pending in the subordinate courts. Nani Palkhivala, “We The People”. P 354
  19. 19. Though the problem of the administration of justice is so vast and urgent, we have not even started nibbling at it. Nani Palkhivala, “We The People”, P 354
  20. 20. It is not only the lawyers who feel so. The judges hold the same opinion.
  21. 21. With a legal architecture designed for a colonial situation and a jurisprudence structured around a free market economy, the Indian judiciary could not accomplish much in fulfilling the Constitutional aspirations of the vast masses of the poor and under privileged segments of the society. “My Tryst with Justice” P 69
  22. 22. AT ANOTHER PLACE How can a twentieth century justice be produced out of a nineteenth century mould? This is the problem which lawyers, judge and social activists have to resolve. “My Tryst with Justice” P 71
  23. 23. The existing system 1. Delay in disposal 2. Erosion of faith 3. Corruption 4. Shortages of judges, court staff and infrastructure
  24. 24. Hence, a clear need to improve the management of courts and judicial system.
  25. 25. Who is primarily responsible to take remedial steps?
  26. 26. The obligation is upon the judiciary.
  27. 27. 1. Appointments of officers and servants of the Supreme Court shall be made by the Chief Justice of India or such other Judge or officer of the Court as he may direct :
  28. 28. Provided that the President may by rule require that in such cases as may be specified in the rule, no person not already attached to the Court shall be appointed to any office connected with the Court, save after consultation with the Union Public Service Commission.
  29. 29. 2. Subject to the provisions of any law made by Parliament, the conditions of service of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other Judge or officer of the Court authorised by the Chief Justice of India to make rules for the purpose”.
  30. 30. Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President.
  31. 31. At the level of High Courts
  32. 32. 1. Appointments of officers and servants of a High Court shall be made by the Chief Justice of the Court or such other Judge or officer of the Court as he may direct :
  33. 33. Provided that the Governor of the State may by rule require that in such cases as may be specified in the rule no person not already attached to the Court shall be appointed to any office connected with the Court save after consultation with the State Public Service Commission.
  34. 34. 2. Subject to the provision of any law made by the legislature of the state, the conditions of service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose :
  35. 35. Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the Governor of the State.
  36. 36. 3. The administrative expenses of a High Court, including all salaries, allowances and pension payable to or in respect of the officers and servants of the Court, shall be charged upon the Consolidated Fund the State, and any fees or other moneys taken by the Court shall form part of that Fund.
  37. 37. Let us get an human resources provided for
  38. 38. The strength of Judges   Chief Justice Hon’ble Judges - 01 27
  39. 39. The judicial and administration staff
  40. 40. Nature and Type of Posts Registrar General Secretary General 01 Registrars 01 Additional Registrars 21 Deputy Registrars 16 Assistant Registrars 35 Assistant Registrars cum PS 27
  41. 41. Court Master 53 Senior Judicial Assistant 55 Junior Judicial Assistant 257
  42. 42. NUMBER OF POSTS Gazetted Officers 221 Non Gazetted Officers 805 Class IV 704
  43. 43. How are the personnel management functions being currently performed?
  44. 44. An illustration list of candidates NOT found eligible to appear in Junior Court Assistant Exam, 2012.
  45. 45. Total number 356 DOB blank/over age No photo attached Not citizen/Not 26 36 11
  46. 46. Not citizen/Not Graduate Not citizen/over age Not Graduate Over age 10 03 110 167
  47. 47. QUESTION How could persons be recruited for the Supreme Court whose photographs are not held or whose nationality or date of birth not known or who were over age.
  48. 48. Judges Registrar General Registrars Jt. Registrars Dy. Registrars Asstt. Registrars 1/1 9/1 20/7 18 29
  49. 49. The figures in slash depict those belonging to HJS.
  50. 50. Does such a large work force contribute to efficiency?
  51. 51. Does the management and operation of officers and servants and the expenses of the Supreme Court is conducive to secure to all the citizens? Justice social , economic and
  52. 52. Perhaps not!
  53. 53. Hence, there emerges a need to introduce a system and expertise of court management.
  54. 54. 1. The function of the CJI to frame rules under Article 146 (2) is legislative in nature (Paras 48 and 49).
  55. 55. 2. The CJI has to apply his mind when he frames the rules with the assistance of his officers. 3. The rules framed by CJI should be looked upon with respect and unless there is very good reason not to grant approval, the approval should always be granted. (Paras 57, 62 and 58).
  56. 56. 4. The question of any reference to the Pay Commission does not arise. (Para 63).
  57. 57. The CJI may appoint a Committee of Judges or a Committee of experts for the purpose of assisting him in forming the rules relating to the conditions of service of the employees of the Supreme Court. (Para 63).
  58. 58. Both the CJI and the President act as delegates by virtue of the conferment of power. They must in this regard necessarily act in good faith, reasonably, intra vires the power granted, and on relevant consideration of material facts. (Paras 95 and 96).
  59. 59. The framework of National Court Management Authority (NCMA)
  60. 60. NJA’S mission is to enhance timely justice, focusing on :
  61. 61. 1.Delay (DAR) and Arrears Reduction 2.Enhancing the Quality and Responsiveness of Justice (QRJ)
  62. 62. However, NJA does not seem to have any significant programmes targeted at court management.
  63. 63. Policy & Action Plan document released by the Chief Justice of India on 27 September 2012.
  64. 64. Ambitious aim to make the judicial system ‘five plus five’ i.e. free of cases more than five years old.
  65. 65. NCMS National Court Management System NFCE National Framework of Court Excellence NCMS National Court C Management Systems Committee
  66. 66. NCMS to have six elements. But none of them speak of how the training or incorporation of management concepts.
  67. 67. NCMSC has 18 members, out of which nine are Judges/Registrars
  68. 68. It could have included law and management teachers/experts.
  69. 69. The advisory committee of the NCMS consists predominantly of Judges.
  70. 70. While the vision is five plus five, little is known about the actual progress made in last one year.
  71. 71. Reluctance on the part of the decision makers to accept the need of court management and training.
  72. 72. 1. Adjudicational 2. Non adjudicational or administrative/ executive
  73. 73. Court management is the process of planning, organising, staffing, directing, co-ordinating, reporting, budgeting and controlling the functioning of all court officials and using all institutional resources to achieve maximum efficiency in delivery of justice in lesser time and at a lower cost.
  74. 74. Various models considered
  75. 75. 1. set up in 1985 2. education, training and professional certification programmes in court management.
  76. 76. 1. Non judicial managers 2. Judges
  77. 77. 1. Michigan State University 2. National Centre for State Courts. 3. Institute for Court Management.
  78. 78. NACM has more than 2000 members from USA, Canada, Australia and other countries.
  79. 79. A suitable model may be evolved for India.
  80. 80. 1. 2. 3. 4. Ability to manage the system. Create process and disseminate requisite information. Set up financial control and monitor its operation. Operate the personnel system.
  81. 81. 1. 2. 3. 4. 5. 6. Judicial administration Working of courts Human resources management Human resources development General administration Financial management
  82. 82. 1. 2. 3. 4. 5. Law Human Resources Management Human Resources Development Court Administration Financial Management
  83. 83.     cost access delay perception
  84. 84.      Staff recruitment Eelection Appraisal Training Development
  85. 85.    Formulation of policies Quality assessment and establishment. Performance appraisal system
  86. 86.   Systems management for processing of cases. Research development and innovation.
  87. 87. 1. 2. Budget planning & control Performance audit
  88. 88. Periodic programmes Within three years Middle level Senior managers Top managers
  89. 89.     Refresher training Specialisation Research and Consultancy International Co-operation
  90. 90. Bachel or in Law (Court Manag ement) outside BCI BBA LLB in Court Manag ement within BCI scheme Three years or five years followed by a two/one year program on Court Managem ent MBA in Court Manag ement LLM (One Year) in Court Manag ement
  91. 91. WHO WOULD PROVIDE THE EDUCATION?
  92. 92. VARIOUS OPTIONS 1. 2. Central Research and Development Institute. National Judicial Academy in conjunction with State Judicial Academies.
  93. 93. 3. National Law Schools. 4. Private initiatives like Amity Law Schools. 5. IIM/other management institutions.
  94. 94. The concerned domain should be law rather than management having regard to the nature of special subjects, expert faculty and primary stakeholders.
  95. 95. The option of Bachelor of Law in Court Management is preferred.
  96. 96. 1. 2. 3. Law degree will provide comprehensive legal base. Functioning within law domain will facilitate better comprehension of objective and its attainment. Easy access to law library,
  97. 97. Higher Judiciary’s in principle acceptance for the need to introduce court management.
  98. 98. It would be desirable to develop different specialities.
  99. 99.     Trial Courts Family Courts Appellate Courts Tribunals
  100. 100.      Lok Adalats Authorities Enquiry Commissions Military Courts International Tribunals
  101. 101. DURATION – One year full time on a trimester mode
  102. 102. Promulgation of the intent would indicate the policy.
  103. 103. The proposed system would not to be an overnight change.
  104. 104. It would be prudent to retain and continue the existing mode as regards induction (recruitment) for a few years.
  105. 105. Introduction of a professional programme without a reasonable certainty of placement is to be avoided.
  106. 106. Give an option to existing officials to attend and acquire management qualification.
  107. 107. During the period of transition, the existing induction to continue, though at a retarded pace.
  108. 108. Set up a committee to identify and recommend the posts for which exposure to court management education would be an essential qualification.
  109. 109. The committee to be headed by a Judge should consist of advocates, law & management teachers, a registrar and a representative from UPSC, apart from others considered desirable.
  110. 110.   Define core areas of court management skills. Point out basic responsibilities that all court managers should be able to handle irrespective of the court system.
  111. 111. •Identify and engage suitable experts for preparation of objective literature. •Frame requisite Rules providing for education in court management to be an essential qualification.
  112. 112.    Organisational Behaviour Economics for Managers Financial Management
  113. 113.   Quantitative Techniques in Management Accounting and Budgetary Control Total Credits : 3 Each
  114. 114.    Paper I – Judicial Administration Paper II- Working of Courts Paper III – HRM Total Credits : 3 Each
  115. 115.   Legal Communication Behavioural Science
  116. 116. Human Resource Management  Accounting & Financial Management II  Court Management  Information Technology for Court Managers Total Credits : 3 Each 
  117. 117. Performance Appraisal System  System management for processing of cases  Quality assessment and establishment Total Credits : 3 Each 
  118. 118.   Tribunals and Commission of Inquiry Grievance redressal
  119. 119.  COURT MANAGEMENT (4 Credits)
  120. 120. Choose any Four  Court Rules  Establishment Rules  Structural Analysis of court Functioning  Analytical Reports  Internal Court Operations
  121. 121. implies a process of developing and implementing technical standards.
  122. 122. can be achieved by 1. Variety control 2. Codification
  123. 123. To maintain same standards and processes throughout the country.
  124. 124. It should centre around general core competences.
  125. 125. Have a flexible curriculum.
  126. 126. Cater for education and faculty development.
  127. 127. Conform to the international court management training programmes.

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