The ASSAM HEALTH ESTABLISHMENTS ACT, 1993
###### G,~ZETTE
### THE ASSAM

EXTRAORDINARY

.!(~'1!1 ~-1Fi' ~· .8~~

PUBLISHED BY AUTHORin'

###### ·-- ..-·-------- - ·-----·----= -

~           - ~152 ~~ ... ~t C:~<iR, 24 ~to!l<f, 1993, 3 _9f}<,_ 1915 (-r~)

No. 152 n"i pu r, Friday, 24 'l)ecember, 1993, 3rd Pusa, 1915

( S. E.)

~ -     - --~-·----

GOVERN MENT OF ASSAM

###### ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT : LEGISLATIVE
 BRANCH

~ OTIFICATlON

The 24th December 1993

No.LGL.223/90/63.-The following Act of the Assam

Legislative Assembly which rt ceived tht; assent of the

Governor is hereby publi ~ hed for general informati~n·


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ASSAM ACT NO._ XVIII OF 1993

(Received the assent of the Governor on 24th December,
' I -91 ... '2, . )

###### THE ASSAM HEALT.H ESTABLISHMENTS

ACT, 1993

AN

ACT

to regulate the healf . establishment to provide

better provision witl: respect to medical-health cE<re
###### of the people through these es~abl ishments and for

matters connected therewith _o;:_ fr1c;de rtal thereto.

Preamble. Whereas it is expedient to regulate the health estab-

lishments to provide better provjsion with respect to
medical-health care of the people thrc ugh these
estalilis ments and for m:'.tters connected therewith
or incidental thereto.

###### It is hereby enacted m the Fotty-fourth Year

( of the Republic of India as follows :-

_1_ ,

Short t itle, I. (I) This Act may be called the Assam Health

extent and
commence- Establishments Act, i993.
ment.

(2) It shall extend to the whole of the Stat~

###### of Asmm.

(3) Tt sha11 crme i ~o force on such date as

                                     - the Str.te Government may, b:;[1 ] !10tification

###### l liT,,. I

i the Officid Gazette, appoint.

Dcfinitiuas. 2. In this Act, 1 nless the context otherwise

###### requires-

(a) "Clinical Laborn.t' ry" meaPs an establish-

ment where tests are carried out for

biological, pathological, microbiological

biochemical, radiological or any othe;

method analo-zm s to anv tests carried out
fo diagnosis ._of disease ' and health con-

dition.


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THE ASSAM GAZETTE. EXTRAORDINARY. DEC. 24, 1993 1119
###### --------- -·--· - - -- .,. ·.i;

(b) "nursing home" or "hospital'' or HRe-

searc!1 Institute'' means any premises or
est2blishmcnt used or intended to be used
for t l· e reception and admission of persons
suffering from illness, injury or infirmity
###### of body (.: d providing of , treatment and

nursing fo.,rthem and includes a maternity
home or psy hiatcic oare;

(c) ''health establishment" means a nursing

home a research-institGte, a hospital, a

ma-i:.,rnity 1:.ome, a- physical therapy

estab [1]ish rr ent, a clinical Laboratory, or

an establis11rr:ent analogou$1 to any of

them;               - ,

( ') "Hralth Ai.~thcrity" means State Health

Authority constitute . under section 4;

(c) "Licensing Authority" mea s S~ate Health

Author'ty or otrcr Authority authorised

by the Srnte Goverrtrpent for issue · 'Of

licence; -' _>.'_                  -

(f)                  - Maternity Homt" _mer ns_ an establish ...

ment or premises wher e . women '.~              - re
usually received or accommodated , or
both for provid,ng ante-natal ' er _pdst-_
natai mtd1cal or health care services in

coanectioQ. withpregnancy and child oirth;

(g) "Physicai theiapy Es1ablishment< ~ means

an esia 1lishment where physical 'therapy
electro thuapy., hyd10 therapy, remedial
gymnastic, or sm ilar work is usually

earned on for the purpose of treatment
###### of .::.i:)ease or infirm·ty for improvement
 of health or for the purpose of relaxation

_or,_ for any . oth,'*f• 1p :rpose whatsoever,
whether or not analogous to the pur-

po&e l.c-.rc-in-before mentioned in this

clause ;

(h) "Medical practitioner" means a person who

Central Act'
J tl2 of 1956, po3 s es ~es Medical Qualificaticns as prescri-

bed in the lndfa.n Med:ic_al Council Act, 1956,

Central Act,
48 Of 1970 Indian Medicine :md Central Council Act,

1970 and the Homoeopathic. Central Council

Central Act,

59 of 1973, Act, 1973 and who has b~en Registered as

a medical practitioner in the Register as

provjded _in_ th~ aforenientioned_Acts 2


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1180 U:Ut ASSA.l\4 GAZ li::T'l'E. £ TJ:lA{JRDINARY. DEC. 24. 1993
##### ------ -

(i) ''midwife " means a midwife registered under
###### the law for the time being in force, for the registration of midwife ;

 dJ " nurse" means a nurse registered under any law for the time being in force, for the registration of nurse ;

(k) "rules'' means rules made under this Act ;

(1) ''prescribed" means prescribed by rules
###### made under this Act ;

 (m) "Government" means •the Government of Assam. ·

H!alth esta- 3. No person shall establish or maintain a

bhshmeat h Ith bl. h        - b • . d .
not to be ea esta 1s ment without etng registere m

estabt~ahe~ respect thereof and except under and in accordance
or mauata1-         - h h .
ned without Wlt t e terms of a hcence granted therefor.
reaistration

aad liceacc,

..

Coastitll ef State tioa 4. (1) The Government may, by notification,

Health Au· constitute an authority to be called the
lbority and State Health Authority. The Health
it• term,

###### Authority shall be a body corporate
having perpetual succession and conunou
###### seal and may sue and be sued.

(2) The Health Authority shall consist of seven

###### mem hers including the Chairman and shall be constituted in the following manner : -

1. Secretary, Health and Family Welfare/Com-
###### missioner, Health and Family Welfare/Spe-
cial '1ommissioner· and Special Secretary,

###### Health and Family Welfare- (whoever is
 senior most)- Chairman.

2. Director of Health Services- (DHS) - Mem-

###### ber.

 3. Director of Health Services~ (DHS) (FW),-

\\.,-;;~1.-A-~ ~~~'"'ib~ .... __,_._ Member!


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1'HE ASSAM GAZETTE. EXTRAORDINARY. - --- --DEC. · __ ,_2: 4, __ _ 1993 _: ____ 1181 _

4. Director of M edica] Education -- 1"1ember.

5. Principal-Cum-Chief Superintendent of one[1 ]

of the Medical Colleges of Assam (by rota-

tion) -- Member.

6. Two eminent medical profe ssionals to be

nominated by the Government - Members.

(3) The first Health Authority shall be cons-

tituted within six months from the date of
this Act cc mes into force, and the names

###### of the members shall be published in
the Official Gazette and such Authority

shall .('unction for a period of three years.

( 4) Term of subsequent Health Authority

shall be three years from the date of its
first meeting :

Provided that such subsequent. Health ·

Authority shall sit within forty-five days

from the date of its constitution.

(5) The Government may, by notification,

for sufficient reasons to be stated therein
from time to time, extend. the term of

the Health Authority by · such period

not exceeding one year at a time, as may

be specified in the notification:

Provided that the total period of

such extension shall not exceed two years.

Maintena- _5: (1_ ) \fhe first Health Authority shall, as soon
nce of Re·
gister of as may be after its constitution and not

health es- later than six months from the coming

tablishment.

into force of this Act, make orders for

maintenance of a Register for the health
establishment.
(2) The Register referred to in sub-section

(1) shall contain the names of all the
health establishments and shall be published

in the Official Gazette.
###### (3) The Register shall be maintained in such

form as may be prescrjbed.


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1182 THF. AS:>.~M GA?ETTE, EXTRAORDINARY, IJEC. 24,1993
#### ---- ---------------··-· ·--.

Appoinft-R 6. The Government shall apnoint a Registrar

gistrar ment [0 ] and e- vV h 0 _Sl '_ a 11 b e t e h S ecrc tary io tu;; 1                - Hee:. 1 h A h t _i_ ut onty •

staff. and also appoint the staff necessary for carrying
###### out the purposes of this f~ct.

Qualifica- 7. The qualificatio!1, function, duties, salary
tion, func-
tion, 5 ,,_Jary, 2n( a 1lo war1cts ;.nd such other matters relating

duties and re; the ;(egist1 a.r and tHe st;-,ff sha1l be such as
allowances
of t'.:e Re- ma, be pr·<;cribcrl fr·)m time to tn•1e

gistrar and
staff.

Establishm~.- 8. The Health Authority may, m any part of
nt nteoance anq mat-of A SSam Wit . h" Ill ItS . JUr. 1 s ~~1· lCIO!l, . a 11 OW t(J esta bl" IS h

h-:.alth esta- or maintain health establishment for ieception, adm-

bllshment. 1ss1on, . . trea ment t an d c;ire c f p h · _ys1ca 11 y 1 "11 persons,
pregnant woman and carry-out laboratory proced-
ure for diagnosis of health and disease at such pla-
ces as it thinks fit.

Applic~ 1 ion 9. (1) Every . applicatk n fo: rtgistraticn in resp-
for registra- f h l h . bl" h ' _.C'_ h
tion and ect o any ea t esta is ment and. 1or t e grant

lic l!nce. of a licence, therefor shall h .. made to Health
Authority. Tbe applicatkn shall contain such parti-

culars and shall bt accompanied by such fees as
may be prescribed.

(2) The Heal th Authority, if satisfied that the
applicant and the health establishment fulfil condi-

tions specified under Section 10 shall regi~ter the

applicant in respect cf ::n.i.t:tl heaid1 establishment
###### and shall grant him a licence therefor and the regis-
tration and the licence shall be valid for a period of:-

( a) 5 years in ca$e of nursing home, Hospital,

maternity home and Research Institute ;

(b) 3 years in case of clinical laboratory,
physiotherapy establishment.

(3) The Health Authority shall reject an

application if it is satisfied that-

(a) the applicant or the health establish-

ment does not fulfil the conditions speci-

fied under section 1 O;_


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(b) the real object of the applicant is to use

or allow the health establishment to be
used for immoral purposes ;

(c) there is no adequate provisions for main-

taining hygien i c/rn n itr.r~r condition to the

detriment of the locality jn which the
health establishment is proposed to be

established ;

( d) in the case of a nursing home other

than a maternity home that such

nursing home is not or will not be under

the charg~ of a medical practitioner re-

si<ient therein rcund the clock and that

the nursing 0 µersons receivl d , admitted

and a.ccomffoda'·ed ther :::in _is_ not or will
not be unde-=- th · rnper intendence of a

nurse n .. sident therein round the clock; or

(e) in th e case of a ma '.ernity home that such

maternity 1· me is not or will not be

urdf!r t.he ch .rge cf a medical practiticner
resident therein round the clock F.nd that

the attenda ce on every woman before

at, or after child-birth or on any child

born is not or wi11 not be unde1"' the su-

perinter.dence o~ a midwife resident there-

in round the clock.

(4) W ht re the aiJplic2.tion is rejected under

sub-section (3)the Health Authority shall reC<            - d

the reason for such ~~je~tion a,.,d no aryplicc.tfr n

shall be rejected unless the applicant has be: n

given an o: portunity ol showing cause in support
of his application.

Terms and

con ditions 10. Every lict;,IlCI' :ranted UPder sub-section(2)

ing licences. for r. rant- o f se~ llOE. .              - .. 9 ' sria 11 b e su h. Jee t t o ne t' 10 c 11 owmg . terms

ao cond1t1•ns, ri.arr.dy :-

(a) that the he:i ah f•stablishmei:t shaU not

be use fo · immoral ~ urposes ;

(b) t1 ~t _e_ equate rne;].b .ires sh<.Jl be 1.aken to

keep the L.ealtl.i estaLlishm(;nt in P'- rfectly

hygienic an~ sa ii.ta,··· condi ion ;


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###### 1184 THE ASSAM GAZETTE, EXTRAORDINARY, DEG. 24, 1993

~f ... ")of / ~" . ••

C)J . a_~·.-} ...       - .i.- -! _rt_ 1
(c) that adequate measures shall be taken to

###### dispose of the garbages including disposa- ble syringes, needles, etc .
..

###### (d) that every person keeping or carrying on
 a health establishment srall submit an immediate report to the Health Authority as soon as it comes to his notice that any person who has been admitted as an outdoor or indoor patient in the health establishment is suffering from or has been attacked with tetanus, gas gangrene, small pox, cholera, encephalities, acquired immune deficiency syndrome (AIDS) or any other infectious or dangerous disease speci- fied by the Government in this behalf by notification published in the Official Gazette;

 (e) that for every health establishment records shall be kept in such form and report submitted to the Health Authority in such form, in such manner and at such intervals, as may be prescribed, containing-

(i) the name and other particulars of each

###### person who is received, admitted or accom- modated at the health estz.blishment as an outdoor or indoor patient ;

 (ii) the name of any of the prescribed diseases
 for which such person is treated ;

(iii) the name and other particulars of the
###### medical practitioner whc attends him;

 (iv) the amount paid by each person admitted
 and treated towards costs of-

(a) boarding and lodging, if any, and

###### (b) treatment ;

 (v) birth, death and miscarriage, if any, that
 takes pface in the health-establishment
 during the period to which the report
 relates ; and


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THE ASSAM -GAZETTE, EXTRAORDINARY, DEC. 24, 1993 1185

(f) any other terms and conditions which
may be prescribed.

RencmaI 11. A licence may be renewed from time to

time on an application made to the
Health Authority in such form and accom-
panied by such fees as may be prescribed
and every such application be made-- '

(a) in case of nursing home, maternity home
###### or Hospital not less thgn, ninety days in
advance ;

(b in case of clinical laboratory, physiothera-
pay e~tablishment, thirty days in advance;

(c) in case of .any other health establishment,

###### net less than sixty days in advance:

Provided that the renewal of a licence may
be refused if the Health Authority is satisfied

###### that-

(i) the licencee is not in a position to pro-
vide the minimum facilities prescribed for
the admission, treatment or care and
diagnostic services therein of petients, pre-
gnant women ; or

(ii) the licencee is not in a position to pro-
vide a medical practitioner who is qualifi-
ed to take charge of the nursing home or
Hospital, maternity home, clinical labora-
tory and physiotherapay establishment;
or                -

(iii) the licencee has contravened any of the
provisions of this Act or any rules made
thereunder.

of Cance!lation reg1str ~ - 12. . If at any time after any health establish-.

don < and ment IS granted a licence therefor, the Health
licence. Authority is satisfied that the terms of the
licence are not complied with, it may cancel such

_registration and licence:


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) J 86 THE ASSAM GAZETTE, EXTRAORDINARY, DEG. 24, 199j

lllm!.IL , __ ____ _ _

Provided that no cancellation of any registra-

tion and licence shall be made unless such

health esta blishmeEt has been given _2.n_ oppor-

tunity of showing cause as to why such regis-
tration and licence should not be cancelled.

Appeal. 13. (l) Any person aggrieved by an order

of the Health Authority refusing to grant or

renew a licence or cancelling licence, may in

such manner and within such period as may

be prescribed prefor an appeal to the Govern-
ment :

Provided that the Government may entertain

an appeal after the expiry of the prescribed

period if it is satisfied that the appellant was

prevented by sufficient cause from preferring the

appeal in time.

(2) Every appeal under sub-section (I) shall

be made in such form and be accompanied by

such fee as may be prescribed.

(3) Any order passed on appeal shall be

final and shall not be qt:.estioned in any Court.

Appoi !1t- 14. The Government shall appoint Chief
ment of ms- . .

pectiog _1v1 ed1cal_ c.nd Health Officer \District concerned) as

o~cer and Inspecting Officer for the purpose of inspecting

his power h l bl" h
of entry, t -e Heath Esta, 1~ ment,
Inspection
etc.

Pe~:i~bli;h~ 15: (J) Any pehrson wbhl? hknowinglyh~sthabl~sh or madin--
ment or ma- tams ~ a lea t 1 1 es ta IS men t W IC IS not U 1y

intcn ance of registered and licensed under this Act and is in con-
health esta-         - f         - · f h• A 1
blishment intravent1on o the prov1s1ons o t 1s ct or ru es

con 1raven· made thereunder shall on conviction be
tion of the         - h bl         - h         -         - ' £'. 'h" h
provision of pun1s a e wit imprisonment 1or a term w 1c
th is Act and may extend to one year or with fine which may

the made there-rules exten d to fi ve t h ousan d rupees or wit . h b h ot an d

under. in the case of a second or subsequent offences

with imprisonment for one year or fine which
may extend to ten thousand rupees or with both.

(2) Whoever after conviction under sub-section
(1) continues to maintain a health establishment


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THE ASSAM GAZETTE, EXTRAORDINARY. DEC. 24, 1993 1187

~I{ . ~ -- h ! f                       - 'J:7ABP'i •• ' -- _c;s .._

###### shall on conviction be punishable with fine which ma y extend to one thousand rupees for every day for which the offence continues after conviction.

~~ncral pro- 16. Any person Vvho contravence any of the

vmon punishment for provis10n o t • • f h" IS A ct or o any f ru I e or regu 1 a-

of other tion, made thereunder for the contravention of

offences. which no penalty is / expressly provided in this
###### Act, shall on conviction, be punishable with impri- sonment which may extend to six months and with fine which may extend to ten thousand rupees.

Pen~lty for 17. Any person who knowingly serves in a healtli

ierving In bl' h h' h . d 1 . d d 1·
an unlicen- esta IS ment w IC 1s not u _y_ reg1stere an Icen-
sed and un-sed under this Act or which is used for immoral

i'i~~~tr~~ta- purposes shall be guilty of an offence and shall be
blishment. punishable with fine which may extend to five hun-

###### dred rupees.

Offence:; by
companie5. 18 (1) Where an offence under this Act has

###### been committed by a company, every person who, at the time the offence was committed was in-charge
 of, and was responsible to the company, for the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and
 punished accordingly :

 Provided that nothing contained in this sub- section shall render any such pe1 son liable to any
 punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commis- sion of such offence.

 (2) Notwithstanding anything contained in sub- section (1), where an offence under this Act has been committed w?tb cons(:nt or connivance of or is attributable to uny 11eglcct on tr e part of any
 Director, Manager, Secretary or other Officer of the Company, such Director, Manager, Secretary or other Officer sha11 also be deemed to be guilty of the offence and shall be liable to be proceeded against accordingly.


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1_18.:i THE ASSAM GAZETTE, EXTRAORDINARY.DEC . 24, 1 99~

Explanation-

(a) For the purpose of this section, company

means a body corporate and includes a firm
or ether a ssociation of individuals ; and

(b) 'Director ' in relation to a firm means

p artner in the fi rm.

Court com· 19. No Court other than that of a Magistrate

petent to try f
offmce und- 0 the First Cla ss ~h all take cognizance of or try
er this Act an offence under this Act.
and tak e co-
gniza nce of
offences.

~f;e~~~: X~; 20. All offences punishable under this Act except

~ xcept sec· offences under sections 16 and 17 shall be congnizable.
tions 16 and
17 to be

congnizable.

Saving. 21. (1) For a p eriod of three months from

the commencement of this Act, the provisions of
sections 13, 14, 15, 16, J7. shall not apply to

any health establishment in existence on the date cf

such commencement.

(2) (i) Nothing contained in sub-section (1) shall

apply to health establhthment, established, main-
tained by the State Government, Central Govern-
ment, Defenci;, Railway, Public.~ Sector Undertakings

and local authority ;

(ii) any Psychiatric Hospital, nursing I Central

home li cen ~ed under the Indian Mental 1 act 14

of 1987

Health Act, 1987. I

Indemnity. 22. ( 1) No suit, presecution or other legal

prc1ceeding shall lie against any person for anything

which is in good faith done or intended to be

done in pursuance of this Act or any rules,

regulations or orders made thereunder.

(2) No suit or other legal proceeding shall lie

against the Government for any damage caused or
likely to be caused for anything which is in good.

faith done or intended to be done in pw suance of


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TlU ASSAM GAZETTE. EXTRAORDiNARY DEC. 24, 1993 1189

###### this Act or any rules, regulations or orders made thereunder.

_1_ [Credid]t fi of 23. Any fees received or fines paid under this
,eea an ne1. d .
###### Act an rules frgmed thereunder shall be credited
 to the Consolidated Fund of the State.

~~ses 24. All expenses incurred by the Health Autho-
1[~t ]

~:ihor~~. rity under this Act ci nd rules made thereunder shall
###### be met out of the Consolidated Fund of the State.

0[~u!~~~s;~: ][bl' ] [h25." ] [(][1) ] [Ah ][n]y _. esta-

the Health is ment s a as soon as may e, a ter any 11 [person in ][chargbe ] [of ][tfihe ] [healthd]1sease
Authority. which is included under the notifiable disease of the

###### Government, cases of burns, poisoning or any other cases suspected to be of medico-legal n~.ture make a report in respect of the cases to the Health Au-
 thority.

(2) Any person in charge of the health establish-

###### ment shall report all death and birth, still birth as per the rules laid down by the Assam Births and
 ..
 Death Registration Act, 1935, (Assam Act II of 1935) .

m~k:e:u1:s~ carrymg out t e purposes o t ~6· (1) Thhe Governmenft hn:ayAis        - make rules for ct.

(2) In particular and without prejudice . to the
###### generality of the foregoing power. such rules may provide for all or any of the following matters, namely:-

 ( a) The nature or type of patients or person to whom the health establishment shall render services;

 (b) the form in which-

(i) an application may be made for grant or

###### renew'.ll of 2.. licence and a fee payable in respect thereof under sections 9 and 11 ;

(ii) a licence may be granted for the health
###### establishment under section 9;
 ( c) the manner in which an order refusing to


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:,\·

;.. _r._

1190 THE ASSAM GAZETTE. EXTRAORDINARY, DEC. 24, 1S93

grant , or cancelling a licence shall be commu-

nicated under section 9 or, as the case may
be under seetion 12 ;              -

( d) the manner in which a report may be made

to the Health Authority under clause (e)
###### of section 10 ;

{e) the minimum facilities required for treat-

ment of patients in the health establishment
including;
(i) Doctor-patient relation ;

(ii) other medical and paramedical staff eli~

gible for rendering services in the health
establishment ; .

!('.

(iii) space requirement;
(iv) treatment facilities ; and
( v) equipment;

...

_(_ f) the manner in which and the condition _'I_

subjfct to wl' ich nurdng home and Hos-

pital, clinical laboratory, physiotherapy

' C( ntre shall be maintained;

1 { g) the form and manner in which and the

peric d within which an aggriev d person can
appeal against the refusal to grant licence
or renewal of licence or the fee payable
in respect of thereof under section 13;

the form and the manner in which
records shall be maintained under clause

,( f).; of s'e~tion 10 -; '

'"'" -- ' I
###### tte qualification of person who may be appointed as Inspecting Officer and his

function, s,aJary,. etc~ /

_( j)_ anv other matter which is required to be

###### or. may be pre s~ribed. r ~·· 1 -

I '

###### K. LASKAR, /

Secretary to the Govt· of Assam,

Legislative Depart1,1ent.

      - -~~~~~~~~~-

G UW A H~TI-P r it ted & P 11blisne d by the Dy. Direc er (P) Directorat e or

Ptg. & $ty., Ass a rr. , Guwabati-21 (Ex-Gazette) No. 303-1, 005-50 -1-24-1 2-93.

_I_


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