Offences against the State.2. (2) A Proclamation under the Public Security Ordinance orthe law for the time being relating to public security, shall beconclusive for all purposes and shall not be questioned in anyCourt, and no Court or Tribunal shall inquire into, or pronounceon, or in any manner call in question, such Proclamation, thegrounds for the making thereof, or the existence of those groundsor any direction given under this Article.154K. Mohamed Adamaly, Attorney-at-Law 3. In the case of the Chairmen of suchCommissions, the Council shall recommend three persons forappointment, and the President shall appoint one of the personsrecommended as Chairman. . (4) In this Article, District Court means a District Courtcreated and established by existing law and includes a Court thatmay be created by Parliament to exercise and perform powersand functions corresponding or substantially similar to thepowers and functions exercised and performed by the DistrictCourt.The Constitution of the Democratic Socialist Republic of Sri Lanka62CHAPTER XIITHE LEGISLATUREAMENDMENT OF THE CONSTITUTION82. (2) A Judge of the Supreme Court appointed as a memberof the Commission shall, unless he earlier resigns his office oris removed therefrom as hereinafter provided or ceases to be aJudge of the Supreme Court, hold office for a period of threeyears from the date of his appointment, but shall be eligible forre-appointment. 14 Exercise of Sovereignty . (b) It shall be the duty of every person or officer in whosecustody or under whose control such property is for the timebeing, to comply with, and give effect to, such direction. (3) Any recognized political party or any group of personscontesting as independent candidates (hereinafter referred to asan independent group) may for the purpose of any electionof Members of Parliament for any electoral district, submitone nomination paper setting out the names of such numberof candidates as is equivalent to the number of members to beelected for that electoral district, increased by three. . . . . . . . (1) No person shall be appointed by the Presidentto any of the Offices specified in the Schedule to this Article,unless such appointment has been approved by the Council upona recommendation made to the Council by the President. 4(1) for less than one eighth of the totalvotes.The Constitution of the Democratic Socialist Republic of Sri Lanka77officer shall declare elected from each such party or group, inaccordance with the preferences secured by each of the candidatesnominated by such party or group (the candidate securing thehighest number of preferences being declared elected first, thecandidate securing the next highest number of preferences beingdeclared elected next and so on) such number of candidates(excluding the candidate declared elected under paragraph (5)of this Article) as is equivalent to the whole number resultingfrom the division by the resulting number of the votes polledby such party or group. 6,720 per annum,or such other amount per annum as would,under any subsequent revision of salary scales,correspond to such initial,50 Inserted by the Seventeenth Amendment to the Constitution Sec.7(1)51 Substituted by the Nineteenth Amendment to the Constitution Sec.2052- Substituted for (vii), (viii), (ix), (x) by Sec. . (1) The Supreme Court shall have sole and exclusivejurisdiction to hear and determine any question relating tothe infringement or imminent infringement by executive oradministrative action of any fundamental right or language rightdeclared and recognized by Chapter III or Chapter IV. Upon delegation of any of its powers to a Committee or apublic officer appointed under Article 56 or Article 57 as the casemay be, the Commission shall not, while such delegation is inforce, exercise or perform its functions or duties in regard to thecategories of public officers in respect of which such delegationis made, subject to the provisions contained in paragraphs (1)and (2) of Article 58.AdministrativeAppeals TribunalCommission notto exercise powerwhere there isdelegationRight of appeal38 substituted by the Eighteenth Amendment to the Constitution Sec.11 for as are specifid by the Cabinet ofMinistersThe Constitution of the Democratic Socialist Republic of Sri Lanka4961. (2) Where the Supreme Court determines that the Bill or anyprovision thereof is inconsistent with the Constitution, it shallalso state -(a) whether such Bill is required to comply with theprovisions of paragraphs (1) and (2) of Article 82 ; or(b) whether such Bill or any provision thereof may onlybe passed by the special majority required under theprovisions of paragraph (2) of Article 84 ; or(c) whether such Bill or any provision thereof requiresto be passed by the special majority required underthe provisions of paragraph (2) of Article 84 andapproved by the People at a Referendum by virtueof the provisions of Article 83, and may specify thenature of the amendments which would make theBill or such provision cease to be inconsistent.91[ (3) Repealed ](4) Where any Bill, or the provision of any Bill, hasbeen determined or is deemed to have been determined,to be inconsistent with the Constitution, such Bill or suchprovision shall not be passed except in the manner stated in thedetermination of the Supreme Court :90 Article 122 repealed by the Nineteenth Amendment to the Constitution Sec.3091 Article 123(3) repealed by the Nineteenth Amendment to the Constitution Sec.31Determination ofSupreme Court inrespect of BillsThe Constitution of the Democratic Socialist Republic of Sri Lanka103Provided that it shall be lawful for such Bill to be passed aftersuch amendment as would make the Bill cease to be inconsistentwith the Constitution.124. . . . 48The Constitution of the Democratic Socialist Republic of Sri Lankaviii60 Commission not to Exercise Power where there is Delegation 4861 Procedure at Meetings . . . . Protection of environment within the Province to the extent permitted by orunder any law made by Parliament.The Constitution of the Democratic Socialist Republic of Sri Lanka200APPENDIX ILaw and Order1. (3) The State shall safeguard the independence, sovereignty,unity and the territorial integrity of Sri Lanka. . (1) A Judge of the Supreme Court or Court of Appealmay be required by the President of the Republic to perform ordischarge any other appropriate duties or functions under anywritten law. . . (2) Every High Court established under Article 154P of theConstitution shall have jurisdiction to hear and determine anymatter referred to in paragraph (1).111M. . . . . Repealed ]123. . 33[ (1) There shall be a Public Service Commission(in this Chapter referred to as the Commission) which shallconsist of nine members appointed by the President on therecommendation of the Constitutional Council, of whom notless than three members shall be persons who have had overfifteen years experience as a public officer. For the purposes of this Chapter public officer doesnot include a member of the Army, Navy, or Air Force, an officerof the Election Commission appointed by such Commission, apolice officer appointed by the National Police Commission,a scheduled public officer appointed by the Judicial ServiceCommission or a member of the Sri Lanka State Audit Serviceappointed by the Audit Service Commission. . Appointment of Provincial Boards of Education which will have theadvisory functions, will be the responsibility of the Minister of Education.However, this will be done with the concurrence of the Chief Minister ofthe Provincial Authority.The Constitution of the Democratic Socialist Republic of Sri Lanka21010. 1956 Revised Edition full text PDFs THE CONSTITUTION 2022 Constitution Revised Edition 2021 Constitution Revised Edition 2015 Constitution Revised Edition We Can Help You With.. Consolidated Legislative Enactments Related Acts / Sections & Vice-Versa INote - An Intelligent Handbook to store referred materials Content Search . (1) For the avoidance of doubt it is hereby declared that,-(a) the Seventh Parliament in existence on the daypreceding the date on which this Act comes intooperation, shall, unless dissolved earlier, continueto function until April 21, 2016 and shall thereafterstand dissolved;(b) the persons holding offie respectively, as thePresident and Prime Minister on the day precedingApril 22, 2015 shall continue to hold such offieafter such date, subject to the provisions of theConstitution as amended by this Act; and(c) every person holding offie on the day preceding thedate on which this Act comes into operation, as,(i) the Chief Justice;(ii) Judges of the Supreme Court;(iii) the members of the Judicial ServiceCommission;(iv) the President of the Court of Appeal;(v) Judges of the Court of Appeal;(vi) the Attorney-General;(vii) the Auditor-General;(viii) the Inspector-General of Police;(ix) the Parliamentary Commissioner forAdministration (Ombudsman);(x) the Secretary-General of Parliament;(xi) a judge of the High Court; or(xii) a judicial offier, a scheduled public offier,public offier or a police offier, shall continue to hold such offie and shall, subjectto paragraph (3) of Article 41C, continue to exercise,perform and discharge the powers, duties and* The section numbers indicated in this section are as per the numbers assigned to the Nineteenth Amendmentto the ConstitutionTransitionalProvisionsThe Constitution of the Democratic Socialist Republic of Sri Lanka179functions of that offie, under the same terms andconditions. . . Such reference shall be made, or such petition shall befiled, within one week of the Bill being placed on the OrderPaper of the Parliament and a copy thereof shall at the same timebe delivered to the Speaker. . (2) The President of the Republic shall be elected by thePeople, and shall hold office for a term of five years. . . (2) No citizen shall be discriminated against on the groundsof race, religion, language, caste, sex, political opinion, place ofbirth or any one of such grounds : Provided that it shall be lawful to require a person toacquire within a reasonable time sufficient knowledge of anylanguage as a qualification for any employment or office in thePublic, Judicial or Local Government Service or in the serviceof any Public Corporation, where such knowledge is reasonablynecessary for the discharge of the duties of such employment oroffice : Provided further that it shall be lawful to require a person tohave a sufficient knowledge of any language as a qualificationfor any such employment or office where no function of thatemployment or office can be discharged otherwise than with aknowledge of that language. (3) The Chief Justice shall be the Chairman of theCommission. The nature, type and quantity of fire-arms and ammunition and other equipmentfor the National Division shall be determined by the National Police Commission.The nature, type and quantity of fire-arms and ammunition and other equipment forall Provincial Divisions shall be determined by the National Police Commissionafter consultation with the Provincial Police Commission and uniform standards andprinciples shall be applied for all Provincial Divisions.9. (3) When any offence has been committed for which theoffender may be tried within the Republic of Sri Lanka, thePresident may grant a pardon to any accomplice in such offencewho shall give such information as shall lead to the conviction ofthe principal offender or of any one of such principal offenders,if more than one.28[ 35. Photo by Lars Waldorf. (1) If the President, on receipt of a report from theGovernor of the Province or otherwise, is satisfied that a situationhas arisen in which the administration of the Province cannot becarried on in accordance with the provisions of the Constitution,the President may by Proclamation (a) assume to himself all or any of the functions of theadministration of the Province and all or any of thepowers vested in, or exercisable by, the Governor orany body or authority in the Province other than theProvincial Council;(b) declare that the powers of the Provincial Councilshall be exercisable by, or under the authority ofParliament;(c) make such incidental and consequential provisions asappear to the President to be necessary or desirablefor giving effect to the objects of the Proclamation :Provided that nothing in this paragraph shall authorize thePresident to assume to himself any of the powers vested in, orexercisable, by any Court.Failure ofadministrativemachineryFailure to complywith directionsThe Constitution of the Democratic Socialist Republic of Sri Lanka131(2) Any such Proclamation may be revoked or varied by asubsequent Proclamation. . . . . Recruitment to the National Division shall be made at the ranks of P. C., S.I.,and A.S.P., Recruitment to the Provincial Division shall be made at the ranks of P.C.,S.I., and P.A.S.P (rank referred to in paragraph 2:2 above).9:1 Recruitment to the National Division shall be made by the NationalPolice Commission and recruitment to the Provincial Division shallbe made by the Provincial Police Commission having regard to thestandards of recruitment and other criteria prescribed in this behalf : Provided also that a recruit may, on appointment, set out hispreferences as to the Division in which he wishes to serve and thathe shall, if possible, be posted to the Division of his choice, with theconsent of the Division concerned.9:2 The Government of Sri Lanka shall be responsible for the training ofall recruits to and of members of all Divisions of the Sri Lanka PoliceForce.The Constitution of the Democratic Socialist Republic of Sri Lanka203 148[The National Police Commission may, where he considers itnecessary provide for alternate training for members of any ProvincialDivision].10. ](3) The poll for the election of the President shall be takennot less than one month and not more than two months beforethe expiration of the term of office of the President in office.17[(3A) (a) (i) Notwithstanding anything to the contraryin the preceding provisions of this Chapter, the President may,18[at any time after the expiration of four years 19[from thecommencement of his first term of office, by Proclamation,declare his intention]] of appealing to the People for a mandateto hold office, 20[by election, for a further term. 2 for by election or otherwise.Penalty for sittingand voting inParliament whendisqualifiedParliament maymake provision inrespect of electionsThe Constitution of the Democratic Socialist Republic of Sri Lanka81party or independent group has been proscribedunder Article 157A ;] and(i) the manner of determination of disputed elections andsuch other matters as are necessary or incidental to the electionof Members of Parliament :Provided that no such law shall add to the disqualificationsspecified in Articles 89 and 91. subject to paragraph 4:1 below.145- Inserted by the Thirteenth Amendment to the Constitution Sec.7 and substituted by the SeventeenthAmendment to the Constitution Sec.23(1) for item 3The Constitution of the Democratic Socialist Republic of Sri Lanka2013:3 It shall hear and determine appeals from offiers seconded toProvincial Divisions against whom disciplinary action has been takenby Provincial Police Commissions.3:4 It shall set standards for recruitment and promotion of Police Offiersof all Divisions and such standards shall be uniform for all ProvincialDivisions.4. . (2) If any Judge of the Supreme Court or of the Court ofAppeal is temporarily unable to exercise, perform and dischargethe powers, duties and functions of his office, by reason of illness,absence from Sri Lanka or any other cause, the President may,subject to the approval of the Constitutional Council, appointanother Judge to act as a Judge of the Supreme Court or Court ofAppeal, during such period. . 316 Inserted by the Nineteenth Amendment to the Constitution Sec. (1) If at any time there should not be a quorum of theJudges of the Supreme Court available to hold or continue anysittings of the Court, the Chief Justice may with the previousconsent of the President request in writing the attendance at thesittings of the Court as an ad hoc Judge, for such period as maybe necessary, of the President of the Court of Appeal or anyJudge of the Court of Appeal. (1) The President may in the case of any offenderconvicted of any offence in any court within the Republic of SriLanka (a) grant a pardon, either free or subject to lawfulconditions;(b) grant any respite, either indefiite for such period asthe President may think fi, of the execution of anysentence passed on such offender ; (c) substitute a less severe form of punishment for anypunishment imposed on such offender ; or27 Inserted by the Nineteenth Amendment to the Constitution Sec 6Grant of PardonPresident to beresponsible toParliamentThe Constitution of the Democratic Socialist Republic of Sri Lanka26(d) remit the whole or any part of any punishmentimposed or of any penalty or forfeiture otherwise dueto the Republic on account of such offence :Provided that where any offender shall have been condemnedto suffer death by the sentence of any court, the President shallcause a report to be made to him by the Judge who tried thecase and shall forward such report to the Attorney-General withinstructions that after the Attorney-General has advised thereon,the report shall be sent together with the Attorney-Generalsadvice to the Minister in charge of the subject of Justice,who shall forward the report with his recommendation to thePresident. ]108 -Inserted by the Nineteenth Amendment to the Constitution Sec.36The Constitution of the Democratic Socialist Republic of Sri Lanka122109[ CHAPTER XVII A154A. Any one or more of the Standing Orders may besuspended by Parliament in the circumstance and in the mannerprescribed by the Standing Orders.79. ]135[(e) unless sooner dissolved, the First Parliamentshall continue until August 4, 1989 and nolonger and shall thereupon stand dissolved, andthe provisions of Article 70(5)(b) shall, mutatismutandis, apply.]162. The starting point of any enquiry on religious constitutionalism in Sri Lanka has to be article 9 of the Constitution of the Republic of Sri Lanka. . (5) The recognized political party or independent groupwhich polls the highest number of votes in any electoral districtshall be entitled to have the candidate nominated by it, who hassecured the highest number of preferences, declared elected. (4) Where an equality is found to exist between the votesreceived by two or more candidates and the addition of one votewould determine (a) which candidate is to be declared elected under thisArticle ; or(b) which candidate is not to be eliminated under thisArticle,then the determination of the candidate to whom suchadditional vote shall be deemed to have been given for thepurpose of such determination shall be made by lot.Election of thePresidentThe Constitution of the Democratic Socialist Republic of Sri Lanka7395. . The President of the Court ofAppeal is hereby vested with the power to nominatea Judge of the Court of Appeal to hear and determineany election petition in respect of which the Court ofAppeal is vested with jurisdiction by the Constitution;(11) all attorneys-at-law admitted and enrolled or deemedto have been admitted and enrolled as attorneysat-law under the provisions of the Administrationof Justice Law, No. (3) Any person who acts in contravention of the provisionsof paragraph (1) shall, on conviction by the Court of Appeal,after trial on indictment and according to such procedure as maybe prescribed by law, (a) be subject to civic disability for such period notexceeding seven years as may be determined by suchCourt;(b) forfeit his movable and immovable property otherthan such property as is determined by an order ofsuch Court as being necessary for the sustenance ofsuch person and his family;(c) not be entitled to civic rights for such period notexceeding seven years as may be determined by suchCourt; andProhibitionagainst violation ofterritorial integrityof Sri LankaInternationalTreaties andAgreements127 -Inserted by the Sixth Amendment to the Constitution Sec.3The Constitution of the Democratic Socialist Republic of Sri Lanka153(d) if he is a Member of Parliament or a person in suchservice or holding such offie as is referred to inparagraph (1) of Article 165, cease to be such Memberor to be in such service or to hold such offie. . . (3) Such a Bill when enacted into law shall not, and shall notbe deemed to, amend, repeal or replace the Constitution or anyprovision thereof, and shall not be so interpreted or construed,and may thereafter be repealed by a majority of the votes of theMembers present and voting.Approval ofcertain Bills at aReferendumBills inconsistentwith theConstitutionThe Constitution of the Democratic Socialist Republic of Sri Lanka64CHAPTER XIIITHE REFERENDUM85. : Provided that any Offier of the National Division seconded to anyProvincial Division against whom disciplinary action has been takenby a Provincial Police Commission, shall have the right to appeal tothe National Police Commission, whose decision on such appeal shallbe fial.5. . . . . 07 of 1978, to the Supreme Court shall bedeemed to be a reference to the Supreme Courtestablished by the Constitution;(ii) where any person has been appointed as amember of a Special Presidential Commissionof Inquiry established under the SpecialPresidential Commission of Inquiry Law, No. (1) There shall be a Finance Commission consistingof -(a) the Governor of the Central Bank of Sri Lanka ;(b) the Secretary to the Treasury ; and110[(c) three other members appointed by the President onthe recommendation of the Constitutional Council,to represent the three major communities, eachof whom shall be a person who has distinguishedhimself or held high offie, in the fild of fiance,law, administration, business or learning. . 129154K Failure to comply with directions . Such application may be proceededwith only with leave to proceed first had and obtained from theSupreme Court, which leave may be granted or refused, as thecase may be, by not less than two judges.92 Substituted by the Nineteenth Amendment to the Constitution Sec.32 for the words provided in Articles120, 121 and 122Constitutionaljurisdiction in theinterpretation of theConstitutionValidity of Bills andlegislative processnot to be questionedFundamental rightsjurisdiction and itsexerciseThe Constitution of the Democratic Socialist Republic of Sri Lanka104(3) Where in the course of hearing in the Court of Appeal intoan application for orders in the nature of a writ ofhabeas corpus,certiorari, prohibition, procedendo, mandamus or quo warranto,it appears to such Court that there is prima facie evidence ofan infringement or imminent infringement of the provisions ofChapter III or Chapter IV by a party to such application, suchCourt shall forthwith refer such matter for determination by theSupreme Court. . (6) The Board of Ministers shall be collectively responsibleand answerable to the Provincial Council. (6) There shall be a Secretary to the Commission who shallbe appointed by the Commission.153B. Protection of the environment.34. (e) The Secretary-General of Parliament.41D. Animal Husbandry 20:1 Production, processing, distribution and sale of livestock andlivestock products ;20:2 Veterinary training services and research, inclusive of the provisionof science laboratories and science equipment;20:3 Animal breeding, care and health ;20:4 The establishment of pastures.21. (2) The Supreme Court shall determine such questionwithin two months of the date of reference and make any suchconsequential order as the circumstances of the case may require.126. (3) The Council shall have the power to make rules relatingto the performance and discharge of its duties and function. View Note. Inthe event of an equality of votes, the member presiding at themeeting shall have a casting vote. There shall be a Fiscal, who shall be the Fiscal forthe whole Island and who shall exercise supervision and controlover Deputy Fiscals attached to all Courts of First Instance.]84[111C.] . . The Court of Appeal may grant and issue orders in thenature of writs of habeas corpus to bring up before such Court (a) the body of any person to be dealt with according tolaw ; or99 Substituted by the Thirteenth Amendment to the Constitution Sec.3(b) for of which such Court of First Instance100 -Inserted by the First Amendment to the Constitution Sec.2 w.e.f. 2(b).132- Substituted by the Sixth Amendment to the Constitution, Sec. (8) (a) The Governor may, from time to time, summonthe Provincial Council to meet at such time andplace as he thinks fi, but two months shall notintervene between the last sitting in one sessionand the date appointed for the fist sitting in thenext session. . . Pre-Parliamentary Process, and 2. (1) Where the Supreme Court in the exercise of itsjurisdiction under Article 130 determines (a) that the election of the President was void and doesnot determine that any other person was duly elected,then, a poll for the election of the President shall betaken not later than three months from the date of thedetermination ; or(b) that any other person was duly elected as President,then, such other person shall assume the offieof President within one month of the date of thedetermination.For the purposes of Article 38(1)(d), the date ofcommencement of the term of office of the new President shallbe the date of his election or the date of the determination, as thecase may be. (11) The State shall create the necessary economic and socialenvironment to enable people of all religious faiths to make areality of their religious principles. 157162 Application of certain provisions . 7498 Number of Members to be returned by the several electoral districtsand their apportionment among such electoral districts7499 Proportional representation . . . . . . (1) A person who otherwise than in the course ofhis duty, directly or indirectly, by himself or through any otherperson, in any manner whatsoever, influences or attempts toinfluence any decision of the Commission, any member thereofor any officer of the Sri Lanka State Audit Service, shall beguilty of an offence and shall on conviction be liable to a finenot exceeding one hundred thousand rupees or to imprisonmentfor a term not exceeding three years or to both such fine andimprisonment. Law of Obligations I. (b) Every person who is elected or nominated as a Memberof Parliament on or after the coming into force of this Articleshall not be entitled to sit and vote in Parliament unless he takesand subscribes or makes and subscribes an oath or affirmation inthe form set out in the Seventh Schedule. (1) While any person holds office as President of theRepublic of Sri Lanka, no civil or criminal proceedings shallbe instituted or continued against the President in respect ofanything done or omitted to be done by the President, either inhis official or private capacity:Provided that nothing in this paragraph shall be read andconstrued as restricting the right of any person to make anapplication under Article 126 against the Attorney-General, inrespect of anything done or omitted to be done by the President,in his official capacity:Provided further that the Supreme Court shall have nojurisdiction to pronounce upon the exercise of the powers of thePresident under Article 33(2)(g).28 Substituted by the Nineteenth Amendment to the Constitution Sec.7Immunity ofPresident from suitThe Constitution of the Democratic Socialist Republic of Sri Lanka27(2) Where provision is made by law limiting the time withinwhich proceedings of any description may be instituted againstany person, a period of time during which such person holdsthe office of President of the Republic of Sri Lanka shall not betaken into account in calculating any period of time prescribedby that law. (10) Nothing in this Article shall be read or construed asderogating from the powers conferred on Parliament by theConstitution to make laws, in accordance with the Provisions ofthe Constitution (inclusive of this Chapter), with respect to anymatter, for the whole of Sri Lanka or any part thereof. . (2) In addition to the powers, duties and functions expresslyconferred or imposed on, or assigned to the President by theConstitution or other written law, the President shall have thepower -(a) to make the Statement of Government Policy inParliament at the commencement of each session ofParliament;(b) to preside at ceremonial sittings of Parliament;(c) to summon, prorogue and dissolve Parliament;(d) to receive and recognize, and to appoint andaccredit Ambassadors, High Commissioners,Plenipotentiaries and other diplomatic agents;24 substituted by the Eighteenth Amendment to the Constitution Sec 3. . . . (2) Where one National Language is a medium of instructionfor or in any course, department or faculty of any Universitydirectly or indirectly financed by the State, the other NationalLanguage shall also be made a medium of instruction for or insuch course, department or faculty for students who prior totheir admission to such University, were educated through themedium of such other National Language :Provided that compliance with the preceding provisionsof this paragraph shall not be obligatory if such other NationalLanguage is the medium of instruction for or in any like course,department or faculty either at any other campus or branch ofsuch University or of any other like University.4 Renumbered as paragraph (1) of Article 18 by Section 2(a) of the Thirteenth Amendment to the Constitution.5 Added by Section 2(b) of the Thirteenth Amendment to the Constitution.6 Substituted by Section 2(1) of the Sixteenth Amendment to the Constitution for or a Member of a LocalAuthority.7 Substituted by Section 2(2) of the Sixteenth Amendment to the Constitution for or in such Local Authority.Official Language.National Languages.Use of NationalLanguages inParliament,ProvincialCouncils and LocalAuthorities.Medium ofinstruction.The Constitution of the Democratic Socialist Republic of Sri Lanka11(3) In this Article University includes any institution ofhigher education.8[22. 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