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WE, HUSSEIN
THE FIRST, KING OF
THE
HASHEMITE KINGDOM OF JORDAN
In accordance with Article 31 of the
Constitution and decisions of both Houses of Parliament, we ratify the
following law, and order its promulgation and addition to the laws of
the State.
Law No. 18
of 1988
The Water
Authority Law
&
Amendments thereof
This Law shall be cited as the "Water
Authority Law of 1988" and shall come into effect from the date of its
publication in the Official Gazette.
The following words and expressions
whenever used in this Law shall have the meanings assigned hereunder
unless the context indicates otherwise.
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Ministery: |
The Ministry of Water and
Irrigation.
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Minister: |
The Minister of Water and
Irrigation.
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Authority: |
The Water Authority established
under this Law.
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The
Board: |
Board of Directors of the Water
Authority.
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Secretary General: |
The Secretary General of the Water
Authority.
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Water
Board: |
Board of Directors of the Water
Department at any area specified by the Board.
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Water: |
Surface and ground water from all
sources including, seas, lakes, rivers, springs, rain water, dams,
wells, pools, and reservoirs. This word also includes mineral
water and hot water.
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Water
Basin: |
Any geographical zone in the Kingdom
that feeds a river or Its tributaries, ground water, and valleys
with seasonal or perennial flows. It also includes a zone as
defined by a resolution of the Board.
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Pollution: |
Any change that occurs to the
natural, chemical or biological characteristics of water that
restricts its suitability for the intended use.
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Sewage: |
Refuse liquid, effluent, and wastes
resulting from different water uses.
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Water
Project : |
Any canal, dam, ditch, channel of
running water or dry channel, bank, bridge, culvert, any building
for regulating, or storing water, a spring well or any means for
extracting lifting, pumping or distributing water, or any
subsidiary work of any kind used to obtain water, lift it or
transport it for different uses.
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Wastewater Project: |
Structures and works for collecting
transporting and disposing of sewage including sewage collection
systems, transmission lines, inspection manholes, pumping,
stations and treatment plants within or outside residential areas.
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Water
Treatment: |
Elimination of harmful and polluting
materials from water to make it conform to approved stanareds for
its intended use.
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Under this Law, an authority known as the
Water Authority is hereby established as an autonomous corporate body,
with financial and administrative independence. It is authorized to
institute legal proceedings, own movables and real estate, acquire water
rights by purchase or acquisition, conclude loans, accept grants or
contributions, and sign contracts. It may appoint the Attorney General
or a lawyer to represent it in litigation as plaintiff or defendant.
The Authority shall
follow the Rules in effect that are binding on Ministries, Governmental
Authorities and Official Authorities.
The Ministry shall
carry the full responsibility for all water and wastewater systems and
the related projects and shall set forth a water policy and submit it to
the Council of Ministers for approval.
In order to achieve all the objectives
intended by this Law the Authority shall exercise the following
responsibilities and tasks:
a.
Survey the different water
resources, conserve them, determine ways, means and priorities for their
implementation and use, except the use for irrigation .
b.
Set up plans and programmes
to implement approved water policies related to domestic and municipal
waters and sanitation, and to develop water resources in the Kingdom and
to exploit them for domestic and municipal purposes, including digging
of productive wells, development of springs, treatment and desalination
of waters, and execute works to augment the potential of water resources
and to improve and protect the quality thereof. For this purpose the
term (muncipial waters) means waters that are used for domestic,
commercial, industrial and touristic purposes and which are supplied
through the public net works.
c.
Direct and
regulate the construction of public and private wells, investigate water
resources, and drill exploratory, reconnaisance and production wells,
and license well drilling rigs and drillers.
d.
Study,
design, construct, operate, maintain, and administer water and public
wastewater projects including collecting, purifying, treating, disposing
of water and wastewater, and the methods of dealing with water.
e.
Draw terms,
standards and special requirements in relation to the preservation of
water and Water basins, protect them from pollution, and ascertain the
safety of water and wastewater structures, public and private
distribution and disposal networks, and take the necessary action to
ensure technical control and supervision, including, all necessary
tests.
f.
Carry out
theoretical-and applied research and studies regarding water and public
wastewater to achieve the Authority's objectives including the
preparation of approved water quality standards for different uses and
technical specifications concerning materials and construction in order
to apply the findings to the Authority's projects in coordination with
other concerned departments; and publish the final findings and
standards so as to generalize their application by all means available
to the Authority.
g.
Issue permits to engineers
and licensed professionals to perform public water and wastewater works;
and participate in organizing, special training courses to qualify them
in order to improve the standard of such works and to reduce water
losses and pollution. All those involved in water and wastewater works
are requested to adjust their practice in accordance with the provisions
of this Article and to obtain the specified permit accordingly.
h.
Regulate
the uses of water, prevent its waste, and conserve its
consumption.
The Authority shall be entitled to carry
out any projects or responsibilities assigned thereto by the Council of
Ministers, upon the recommendation of the Minister, in addition to the
tasks and duties it is entrusted with in accordance with the provisions
of this Law.
The Authority shall
have a Board of Directors, which shall consist of the following
members:
a-
The Minister
- Chairman
b-
Secretary General of the Jordan Valley
Authority -Vice- Chairman
c-
Secretary
General of the Ministry of Planning
d-
Secretary
General of the Ministry of Agriculture.
e-
Secretary
General of the Ministry of Municipal Rural and Environmental Affairs.
f-
Secretary
General of the Ministry of Health.
g-
Secretary
General of the Ministry of Industry
and Trade.
h-
Director
General of the Budge Department.
i-
The
Secretary General.
j-
Representative of the Natural Resources Authority appointed by the
Minister of Energy and Natural Resources.
k-
A Member with expertise and specialization appointed for two years by
the Council of Ministers upon the recommendation of the Minister.
a.
The Board
shall meet when called by the Chairman. A quorum shall consist of at
least seven members, one of whom shall be the Chairman, or the
Vice-Chairman in the Chairman's absence. Decisions shall be taken by
unanimous vote or by the simple majority of the members present. If the
votes are equal, the Chairman shall cast the deciding, vote.
b.
Whenever
necessary, the Minister may call for a joint meeting, under his
chairmanship, of the Board of the Authority and the Board of Directors
formed in accordance with the law of the Jordan Valley Authority then in
effect or any substituted law. The legal quorum of both boards is
necessary. This Joint meeting of the Boards shall study all matters
presented by the Minister, such as the mutual tasks and duties assigned
to both Authorities. The decisions taken .shall be by unanimous vote or
by simple majority and shall be considered effective under this Law and
the Jordan Valley Authority Law then in effect and shall be carried out
by both Authorities each within its own competence.
The Board shall undertake the following
duties and responsibilities:
a.
Set forth a
water policy that reserves the rights of the Kingdom in all its water
resources including the development, maintenance, and use of the
resources.
b.
Approve the
water policy of the kingdom and the plans for the development and
conservation of water resources, specify water distribution and uses,
provide additional water resources and approve plans regarding, the
construction of water and public wastewater networks.
c.
Study the
Authority's draft Regulations and submit them to the Council of
Ministers for approval.
d.
Study the
Authority's proposed annual budget.
e.
Obtain
foreign and local loans with the approval of the Council of Ministers.
f.
Recommend to
the Council of Ministers tariffs for connections, subscriptions, price
rates and deposit fees that should be collected for various water and
public wastewater uses.
g.
Invest the
Authority's funds and revenues with the approval of the Council of
Ministers.
h.
Appoint
members of Water Councils in the districts.
a.
No
member of the Board of Directors or any employee of the Authority is
permitted to participate for his own benefit in any tender, construction
contract or procurement contract that the Authority may conclude,
announce or award for the execution of its projects or works. He is not
permitted to work on such projects or benefit financially from them,
directly or indirectly, except for his earnings as salaries from the
Authority or other remunerations for any mission he may perform in
accordance with the provisions of this Law and within the limits
specified explicitly in it or in any regulations issued thereunder.
b.
Any member
of the Board or any employee of the Authority who does not abide by the
provisions of paragraph (a) of this Article shall be subject to legal
punshiments and procedures and be compelled to pay back all the amounts
he received illegally and to compensate the Authority or any other
person affected by his violation.
The Secretary General shall be the
executive manager of the, Authority, responsible to the Minister. He
shall implement the Authority's policy and plans and administer its
affairs, and shall be entrusted with the following tasks and
responsibilities:
a.
Implement
the Board's resolutions.
b.
Prepare and
submit to the Board the proposed annual budget.
c.
Coordinate
the performance of the Authority's projects and maintain efficiency,
cooperation and harmony between its technical and administrative
departments.
d.
Administer
the affairs of the Authority's officials and employees.
e.
Supervise
the Authority's administrative and financial affairs and control its
supplies.
a.
The
Authority shall have its own cadre of officials and employees.
conditions of employment, including appointment, termination of services
or dismissal, definition of salaries, allowances, compensations, duties,
rights and all other administrative matters related to them shall be set
in accordance with the regulations issued under this Law and any
modifications thereof, until the provisions of the Civil Service Law of
1988, or any substituted law, are applied.
b.
Officials
and employees working, for other Governmental or Municipal Departments,
Corporations or Agencies shall be transferred in accordance with
paragraph (a) of Article 23 of this Law upon the decisions of the
Minister and to the extent sufficient for the needs of the Authority.
Upon their transfer, they shall retain all their rights and the
obligations imposed on them. Their service with the Governmental or
municipal departments, corporations and agencies shall be counted as
service with the Authority; but the provisions of the Civil Pension Law
shall be applied only to the employees who were previously classified
for pension and who choose to continue in the same rank and at the same
salary in accordance with the Civil Service Law in effect. All pension
deductions from their previous salaries before they were actually
transferred to the Authority shall be transferred to the Pension Fund at
the Ministry of Finance.
c.
The services
of officials and employees who are not to be transferred to the
Authority shall be terminated upon resolutions issued by the Minister in
accordance with the Personnel Provisions of the Civil Service Law in
effect.
The capital of the
Authority shall consist of:
a.
Government contributions.
b.
The movables
and real estate transferred from the Government to the Authority.
c.
The funds
agreed by the Council of Ministers to be added to the capital of the
Authority, according to recognized accounting methods.
d.
Donations
and subsidies to the Authority agreed by the Council of Ministers to be
added to its Capital.
The Financial Resources of the Authority
shall consist of:
a.
Revenues
from water prices, subscriptions, deposits and other fees the Authority
may collect for its services.
b.
The income
from movables and real estate owned by the Authority and the income of
its investment projects.
c.
Loans,
donations and subsidies to the Authority agreed by the Council of
Ministers.
d.
Any Other
sources of income of the Authority.
The Authority funds are considered State
Funds and shall be collected according to the State Funds Collection Law
in effect. Consequently the Secretary General is entitled to exercise
the powers of the Administrative Governor and of the Collection of State
Funds Committee provided for in the said Law.
a.
The
Authority, upon the resolution of the Board, may deposit its funds in
one or more licensed banks in the Kingdom.
b.
The
Authority's financial affairs shall be regulated by a special regulation
to be issued under this Law; and until then, all financial affairs shall
be regulated in accordance with the instructions of the Board.
The accounts and records of the Authority
shall be organized according to recognized accounting methods and shall
be audited by qualified auditors. The Board shall appoint the said
auditors and specify their fees. The Council of Ministers may also
entrust the Audit Bureau to check the Authority's accounts.
The Authority, upon the recommendation of
the Minister of Finance and the Governor of the Central Bank and with
the approval of the Council of Ministers, shall have the right to issue
Debt Bonds or Loan Certificates or any other bonds according to the laws
in effect. The terms and rates of interest for such bonds shall be
determined by the Council of Ministers.
The Authority shall enjoy the same
exemptions and facilities enjoyed by other Ministries and governmental
departments.
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All
existing buildings in the kingdom, on the coming into effects of this
law, and those erected thereafter, except buildings of worship, are
subject to an annual contribution of 3% three percent on the net rent
as evaluated in accordance with the tax on buildings and lands Law
within the municipality boarders, whether the building is exempted
therefrom or not. This contribution shall be levied together with the
tax on buildings and lands, by the Ministry of Finance or any
authorized official body or municipality delegated by the Minister of
Finance within the municipality areas, and shall be transferred to the
Water Authority as part of its financial revenues.
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The annual contributions that were in
the process of collection, or were levied by any of the municipality
or official bodies in the Kingdom after the lapse of twenty years of
their accrual until the date of the coming into effect of this Law,
shall be considered as deposits in the accounts of the tax payers, and
shall be deducted from the amount of the taxes that accrue for the
Water Authority at the Ministry of Finance or the Greater Amman
Municipality or at any other municipality.
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Notwithstanding what is stated in any other legislation, no
governmental department, official or private corporation, or any
natural or corporate body is exempted from the Authority's fees or
charges for supplying, water or rendering services or from the costs
of construction or pipelaying or from the contribution to the costs of
any project or from the prices and fees charged for services rendered
by the Authority, according to the provisions of this Law.
The Authority shall:
a.
Allocate an
amount not less than 10 percent of its net profit per annum as a
Compulsory reserve, provided that the total of this reserve shall not
exceed 20 percent of the Authority's Capital at the end of the fiscal
year.
b.
Allocate the
balance of the net profit to finance the Authority's projects and
transfer the excess to the Government Treasury, if the Council of
Ministers so decides.
A) With regard to the contents of
paragraph (b) of this Article, all duties, responsibilities and
obligations related to water and public sewerage , which were previously
the responsibility of any governmental department, corporation or any
public commission or municipality, shall be transferred to the
Authority. To fulfill these duties and obligations, the Authority shall
be responsible for the following:
1.
Establish
specialized departments responsible for implementing, the Authority's
duties, responsibilities and obligations.
2.
Establish
Water Departments in all parts of the Kingdom. Each Department shall
have a Water Council composed of representatives from the governmental
and private sectors concerned with water and public sewerage . This is
to allow citizens and local authorities to participate in deciding
priorities regarding water and wastewater projects and plan for their
implementation.
3.
Purchase,
acquire or lease properties, land and the related easement rights and
the water rights required for the various projects of the Authority, and
provide a prohibited area as deemed necessary for its water and
wastewater networks and the related buildings and construction.
4.
Manufacture
and produce commodities needed for the Authority’s water and wastewater
works, and provide all the equipment necessary for water and public
wastewater projects.
5.
Take the
necessary action to ensure technical control and supervision regarding
the construction, operation and maintenance of all water projects and
public or private sewers.
6.
a. Obtain
and continue to obtain data and information regarding the needs of the
Kingdom and the actual consumption of water for different uses, and
utilize such data for future planning, to provide for the Kingdom’s
needs for water and to conserve its consumption.
b. Keep records, including detailed
technical and financial information regarding the construction,
maintenance and operation costs for all the Authority`s projects.
B) All agencies described in paragraph
(a) of this Article shall continue to fulfill the duties,
responsibilities and obligations regarding water and public wastewater
to which they were entitled under the existing, laws and regulations
until the Council of Ministers decides to transfer such duties and
responsibilities to the Authority, in accordance with the methods and
stages deemed suitable to be practiced under this Law, including, the
transfer to the Authority of all funds, movables and real estate,
equipment, apparatus and instruments, managerial units and sections and
any other assets related to such agencies. The actual and legal
existence of such agencies shall terminate upon the transfer of their
functions to the Authority.
C) The Authority is considered to be the
actual and legal successor of the agencies, corporations, commissions
and municipalities described in paragraph (a) of this Article after the
completion of all procedures regarding the transfer of all their duties
and responsibilities to the Authority. Upon such transfer, the
Authority shall be responsible for all the rights and obligations
possessed by them and shall perform and execute contracts and agreements
previously concluded by such agencies and fulfill their obligations as
if they were concluded with the Authority.
The Governmental land included within a
strip of 1000 meters in width on each side of the center line of the
water mains and the main irrigation canals is designated for the
development of the governmental irrigation projects, socially and
economically. This prohibited land shall not be disposed of or
dispossessed or used in any way except with the approval of the Council
of Ministers upon the recommendation of the Minister.
A)
1.
The Water
Authority has the right to install private or public pipelines, or
maintain them, through public roads. In case this is not possible for
technical reasons, according to its sole evaluations, the Authority has
the right to install these pipes within private lands and real estates.
2.
The Water
Authority shall take precautions to avoid causing loss during
installation of the sewerage pipelines within private lands and real
estates in accordance with rules set by instructions issued by the
Minister for this purpose, The Water Authority or its agents shall
restore in all cases the conditions as they were before implementing the
installations.
3.
The water
Authority shall assess the amounts of compensation to be paid to the
owner if he suffered any loss.
B) The Water Authority has the right to
enter private lands and real estates to carry out its above mentioned
works stated in clause (1) of paragraph (A) of this Article. The
Authority has the right to receive assistance for this purpose from the
governors or the police whenever needed.
a.
All water resources
available within the boundaries of the Kingdom, whether they are surface
or ground waters, regional waters, rivers or internal seas are
considered State owned property and shall not be used or transferred
except in compliance with this Law.
b.
Any water
resources that are not under the management, responsibility or
supervision of the Authority, shall not be used in excess of personal or
domestic needs or other acceptable private usage; nor in excess of legal
water rights in accordance with the laws and regulations in effect
including drinking, and irrigation rights applicable to the area of land
which contains that resource.
c.
All natural
and juridical bodies are prohibited to sell water from any source, or
grant or transport it, without obtaining in advance the written approval
of the Authority and within the conditions and restrictions decided or
included in the contracts or agreements concluded between them and the
Authority. All persons on whom the provisions of paragraphs (b) and (c)
of this Article are applicable, shall adjust their conditions to suit
these provisions within a period of three months of the date this Law
becomes effective. Otherwise, such persons will be subject to the legal
and other punshiments stated in these Articles.
If any dispute occurs between the
Authority and landlords concerning the amount of compensation to be paid
against the acquisition of properties, land and related rights, or the
rights of water projects and public sewerage , then either party may
appeal to the Court to specify the amount in accordance with the
provisions of the Acquisition Law in effect. They may also agree to
refer the case to arbitration in accordance with the Arbitration Law in
effect.
No official or local person or party is
permitted to carry out any works related to water and wastewater of any
nature, if these works are considered to be within the sole
responsibility of the Authority under this Law and the regulations
issued in accordance with it, except after obtaining the Minister's
written approval.
A)
The
Council of Ministers, upon the recommendation of the Minister, may
assign any of the Authority` duties or projects or the execution of any
stage or part thereof to any other body from the public or private
sector, or to a public shareholders company, or to a limited-liability
company owned totally by the Authority or in which the Authority
contributed to the capital. Such assignment may include the transfer of
the management of these projects or the lease thereof, or the transfer
of ownership to any of these bodies, in accordance with the conditions
and for the durations to be set in the
contracts that shall be concluded for this
purpose, provided that they abide with the legal provisions in force
relating to leases and transfer of ownership.
B)
In the case
of conclusion of contracts to transfer the management of the projects or
the lease thereof, the decisions of the Council of Ministers may include
the authorization to the officials of the bodies contracted therewith,
to exercise the same powers bestowed on the authority’s officials in
pursuance of legislations in force relevant to the execution of these
contracts.
The Authority shall submit to the Council
of Ministers a report on its activities, general budget, and the balance
account covering the preceding year.
A) Any one shall be sentenced to no
less than six months, and no more than two years imprisonment or to a
fine no less than JD 1000 and no more than JD 5000, or both punishments
if he has committed any of the following acts:
1. Established any
buildings or construction of any kind on State owned land within the
prohibited land strip defined in Article 24 of this Law.
2. Caused damage to any of the Authority`
projects, or ruined or destroyed any water resources or the Authority’s
public sewers or acted in any way which may cause the damage or
destruction of construction, equipment, vehicles or materials related to
the Authority or any of its projects or public sewers.
3. Polluted any water resource, which is
under the management or supervision of the Authority directly or
indirectly, or caused its pollution and failed to remove the causes
thereof within the period fixed by the Authority.
4.
Drilled unlicensed ground water wells or violated the conditions of the
license issued to him.
B). Any one shall be sentenced to no
less than one month, and no more than six months, imprisonment or shall
be fined not less than JD 100 and not more than JD 1000, if he has
committed any of the following acts:
1 . Any encroachment on State owned land
within the prohibited areas defined in Article 24 of this Law without
obtaining in advance the written permission of the Authority, even if
such act did not cause any harm to the Authority or any damage to its
water resources and public wastewater systems.
2. Carrying, out works or duties which
are considered the sole responsibility of the Authority under this Law,
without obtaining, in advance the written approval of the Authority.
3.
The illegal usage of water, water
resources, related projects or the public sewers, contravening the
provisions of this Law, or regulations issued thereunder, including the
selling granting or transporting water, using or utilizing it or
committing any act that may cause harm or damage to any of these
resources or water related projects, or using the public sewers in a
manner that conflicts with the provisions of this Law.
4. Carrying, out any works regarding
water or wastewater without obtaining the licenses, permits or approvals
required under this Law. Or carrying out any of these works in violation
of the regulations issued thereunder.
C) Initiation of acts to commit any of
the crimes under this Law shall be subject to punishment.
D) If any person is found guilty of
committing any of the deeds defined in paragraphs (a) and (b) of this
Article, the Court shall convict him and make him pay the total of the
damages caused by his violation and compel him to eliminate the damage
caused and restore the conditions as they existed before the commission
of such acts within the period specified by the Court. If he fails to
do so, the Authority shall have the right to carry out the necessary
works and repairs and charge the convicted person with the total cost
plus 50 percent.
E) 1-The Authority`s officials nominated
by the Minister or the Secretary General, as the case may be, shall have
the authority of judicial police in relation to the restraint of any of
the crimes that are committed in violation of the provisions of this
Law. The Secretary General may issue a
decision to remove by administrative
means the violations and contraventions that are inflicted on the
property, water and projects that fall within the Water Authority’s
jurisdiction, and may, if the need arises, seek the assistance of
members of the security forces for this purpose. He shall also have the
right, through the competent court which considers the cases that
contravene this Law as expedite cases, to go back on the contravener to
reimburse the Authority for the expenses incurred to repair the damage
and to restore the situation to its previous condition.
2- The officials of the Ministry and the
Water Authority that are nominated by the Minister or the Secretary
General, as the case may be, shall have the right to follow up the
criminal cases before the competent courts, to obtain authenticated
copies of the courts decisions relating thereto, and to follow up their
implementation.
Without violation of
the provisions of Article (23) of this Law, any other legislation is
herby repealed to the extent it contradicts with the provisions of this
Law, including Municipalities Wastewater law No. (12) of (1977), and the
Sewage and Water Authority law of Amman Municipality no. (48) of (1977),
and the amendments thereof.
The Council of Ministers is hereby
authorized to issue the necessary Regulations for the execution of the
provisions of this Law, including regulations relating to employment,
financial affairs, supplies and other works related to the Authority,
and duties, fees and deposits which the Authority collects for the
services it renders under this Law.
The Prime Minister and the Ministers are
entrusted with the implementation of this Law.
12-3-1988
Al-Hussein Bin Talal
The Prime Minister and Minister of
defense
Zaid Al-rifai
Minister of Transport and
Telecommunication
Eng. Khaled al-Haj Hassan
Minister of State for prime Ministry
Affairs
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