Born in Kathmandu, the capital of the
near legendary Himalayan kingdom of Nepal, on December 28, 1929, MAHESH
CHANDRA REGMI has spent his life researching the history of his
country—particularly the systems of land tenure—and in attempting to
understand and apply his findings to the problems of the present.
Nepal is divided into three geographic regions, the low-lying Terai which
forms its border with India; the central mountainous belt, ranging in
altitude from 1,000-8,000 feet; and the alpine zone which terminates on the
upper slopes of the highest mountains in the world. The central valleys are
heavily cultivated, planted to rice in the summer monsoon and wheat and
vegetables in the dry months of winter. The Terai, which was jungle and
swamp when REGMI was born, has now, under the pressure of a population
explosion, been largely deforested and brought under tillage. Its main crops
are rice and jute. The high mountains offer little land for agriculture and
experience a brief growing season; only corn, millet and pulses survive the
harsh climate. The problems associated with land tenure apply primarily to
the central zone.
MAHESH REGMI was the third child (with an older brother and sister) of
Krishna Chandra and Padma Priya Regmi. His mother died when he was only
three but he grew up in a large family of seven half-brothers and sisters.
He was not sent to school but was tutored at home by his father—who played
and taught the sitar, the famed string instrument of north India—and his two
uncles, one a Sanskrit scholar and the other a classical musician like his
father. They prepared the boy to take the entrance examinations for the high
school of Hindu University at Benares, India, at age 10. Although he passed
English, civics, Sanskrit and history, he failed mathematics and Nepalese.
(His English was particularly good as his father had started him in that
language at six; by eight he was reading English children's books and by 12
such authors as Conan Doyle, Sir Walter Scott, Charles Dickens and Henry
Fielding.)
Since he was not accepted at Hindu University REGMI continued to study at
home. In 1944 he placed second in the private high school graduation exam
and entered Trichandra College in Kathmandu. Trichandra was affiliated with
the University of Patna, India, because at that time there was no university
in Nepal. The government, which was encouraging Nepalese to seek higher
education, gave REGMI financial assistance to travel to Patna and to engage
private tutors prior to both his intermediate and his final exams. He placed
second in each, receiving his Intermediate Degree in 1946 and his Bachelor
of Arts with Honors in 1948 at the age of 19.
The early pressures put on him, by his family and by the government, to
succeed scholastically, had kept REGMI a serious, studious young man, with
little time for sports or outside companionship. Now, however, instead of
pursuing his studies under an almost assured government grant, he took the
advice of an uncle who was teaching music to a member of the Rana family
(hereditary prime ministers of Nepal) who was in exile in Calcutta, India,
to seek a job in one of that family's industrial firms. He arrived in
Calcutta in July 1948, but the job failed to materialize. Nevertheless he
remained in that city for two years, and tried to establish himself in
business, but both of his ventures—a bookshop and a clothshop—failed.
Returning to Kathmandu in 1950 he stayed only five months before he left
again for India, this time for Benares where he hoped to resume his
studies—but financial considerations prevented him from so doing. In the
meantime a revolution had broken out in Nepal which overthrew the
authoritarian rule of the Ranas and put the Nepali Congress Party in power.
The king, himself a democrat, returned from exile and supported the change.
The newly established government advertised for candidates for training in
the new Finance Ministry and REGMI applied. However, since he was assigned a
lower position than he felt entitled to, he transferred to the Ministry of
Industry and Commerce where he was appointed Deputy Director of the
Department of Industry. Six months later he became Acting Director, the
capacity in which he functioned until he was summarily dismissed in November
1955. During his years in the Department of Industry (1951-1955) he served
concurrently as Acting Director of the Department of Cottage Industries
(1952) and of the Department of Central Purchases (1953-54). His dismissal
from his position in the ministry, for which no reason was ever given, put
an end to his civil service career. He speculates, however, that if he had
taken the lower position in the Ministry of Finance he would probably have
remained in government service all his life, never faced with need or
compulsion to work on his own.
REGMI was basically unemployed for the next 18 months, picking up odd jobs
from time to time and seeking to determine what he wanted to do with his
life. In July 1957 he came into contact with Leo E. Rose, a Ph.D. candidate
from the University of California at Berkeley, who was in Kathmandu
gathering materials for his dissertation. Discussions with this young
American scholar confirmed REGMI’s contention that he, too, could write and
do research. With this newfound confidence he determined never to take a
salaried job again. On the basis of this decision, between 1957 and 1961, he
turned down offers from both the British and the American embassies, and
from the new government established by King Mahendra in 1960.
Linked with his desire to be independent in a business sense was a desire to
be independent personally. In 1958, therefore, he made another major
decision. He left the joint family in which he had grown up, and moved his
wife, Mana Devi Gnyawali, whom he had married in 1947, and five
children—four sons, Girish Chandra (1949), Sirish Chandra (1952), Suresh
Chandra (1954) and Durgesh Chandra (1955); and a daughter Lila (1957)—into
private quarters. He had found it increasingly difficult to live within the
constraints of the traditional system where parents and siblings lived in a
common compound and contributed jointly to family resources. In leaving he
forfeited any claim to family loyalty and support; on the other hand the
family lost his contribution to the unit's well being. He also specifically
relinquished his claim to family properties. In so doing he not only sought
to avoid any "pettiness or bitterness" which any claim to his share of the
property would invoke, he also wanted to prove to himself that he could
succeed by his own efforts, and prove to the world that in spite of his
dismissal from high government position he was, as he put it, "not a
worthless person."
His dismissal and his later refusal to accept normally highly sought-after
salaried jobs, earned him criticism and hostility on the part of both
friends and relatives, who objected to his taking an unconventional and
"modern" position. Thus his lot and the lot of his wife and children has not
been easy, faced as they have been by the jealousy and resentment of both
their families and their peers.
In May 1957 REGMI had put his business ideas into practice and set up a
research and translation service. He began by putting out the weekly Nepal
Press Digest and in September 1957 followed with the daily (Monday through
Friday) Nepal Press Report, a summary translation into English of news
reports, editorial comments and articles on national development which
appeared in the newspapers of Kathmandu and district towns. To do so he had
to be fluent in three major languages of the country: Nepali, the lingua
franca; Hindi and English.
In September the same year he instituted the Regmi Research Project which
supplied, under contract, translation services to the United States Agency
for International Development Mission in Kathmandu and the U.S. Embassy in
New Delhi which handled U.S. Nepalese affairs. The latter contract was taken
over in 1960 by the newly opened U.S. Embassy in Kathmandu.
In 1964 REGMI started the Nepal Recorder which was published irregularly. It
offered a selected translation of laws, regulations, orders and
notifications promulgated by the Nepalese government, with an annual index.
It was complemented by the Nepalese Miscellaneous Series, started the same
year, which published—also irregularly—English translation of the
"consolidated texts of laws and regulations, periodically revised to
incorporate amendments and additions."
The Regmi Research Series, a monthly, was begun in 1969, and presents a
translation of the "historical aspects of Nepal's law, government, society,
politics and economics." For example issue number 8 of the series, published
in August 1977, included in the six items covered, "Ritual Purity Among
Communal Groups," which summarized steps taken by the government to deal
with the problem of ritual purity for the tribes and occupational groups who
had not accepted the Hindu customs and taboos brought into Nepal by their
Gurkha conquerors. The summarization was made from the materials REGMI had
collected and collated in the volumes of the Regmi Research Collections,
comprised of transcripts of historical materials from archival and other
sources. All of the translation and summary services are available to
subscribers in Nepal and abroad. Of the five services the Research Series
has been of greatest import to scholars and government administrators. Fr.
Dr. Ludwig F. Stiller, originally an American Jesuit who has now acquired
Nepali citizenship and is an eminent scholar of Nepal, calls it the "most
important single research periodical in the history of Nepal."
In 1969-70, in an attempt to improve the management of his services and "to
simplify tax problems," REGMI separated the Regmi Research Project into two
private limited companies: Regmi Research Ltd. and Nepal Press Digest Ltd.
The Press Digest continued to offer the Nepal Press Digest and the Nepal
Recorder. Regmi Research offers the Nepal Press Report, the Nepal
Miscellaneous Series and the Regmi Research Series.
In addition to his translation of current papers and periodicals, and of
items of general historical interest, REGMI has, since the late 1950s, been
engaged in researching the laws and customs of land tenure as practiced in
Nepal since the Gurkha conquest in 1768. He published his first book on the
subject, Some Aspects of Land Reform in Nepal, in Kathmandu in 1960; it was
reissued by the University of California at Berkeley in 1962. The Himalayan
Border Countries Project of that institution supported him in the
preparation and publication of his four-volume tour de force, Land Tenure
and Taxation in Nepal, published by the university between 1963 and 1968.
Land Tenure has become a standard reference work "of fundamental importance
for the study of the history of Nepal," as one of his colleagues writes.
REGMI believes that historians—especially in a nation like his where 95
percent of the people are dependent upon one economic venture,
agriculture—should examine the economic basis of society to understand its
past and present. Previously, however, Nepalese historians had concentrated
on dynastic chronology and political relationships. This is understandable
REGMI admits, because throughout history the peasant has been largely
illiterate and therefore inarticulate. The written word, on the other hand,
has been the monopoly "of those segments of the society whose power and
privilege are derived from the right, backed by the coercive apparatus of
the state, to take away from the peasant a sizeable portion of the food he
produces." It is his pleasure to adjust the balance and to declaim "the
condition and problems of this inarticulate [peasant] class," he writes.
To understand the problems of the peasant, and therefore of the modern state
seeking to alleviate his condition and to create a surplus capital for
industrialization, it is essential, REGMI believes, to be familiar with the
land policies and the structure of the past upon which the present state
rests. The failure of the land reforms undertaken since 1950, he feels, is
due to a lack of understanding of the underlying patterns of land tenure and
taxation. To understand these it is necessary to take a brief look at modern
Nepalese history which begins with the conquest of the various hill tribes
living in the Himalayan valleys by the Gurkha, a people of northern India.
The Gurkhas claim descent from the Rajputs of Udaipur who were driven out of
their land by the invading Muslims in the 12th and 13th centuries, and who
settled in the Himalayan valleys, bringing their culture with them. In 1768
Prithvi Narayan Shah succeeded in subjugating the last of the tiny Nepalese
kingdoms of the Kathmandu valley. This conquest accelerated the transition
in Nepal from valley-centered petty states to nationhood. A war with China
which ended in 1793, and the British-Gurkha War of 1814-16, resulted in the
approximate present-day boundaries of the country.
Dissension and intrigue flourished at the Nepalese court during the next
three decades until an able young soldier, Jung Bahadur, became prime
minister in 1846. To stabilize the administration he banished the king and
queen and set the minor heir on the throne, ruling in his behalf. In 1856,
under his direction, but by royal order, the function of prime minister was
limited to members of his family who had been socially upgraded in 1849 and
given the name Rana. Jung Bahadur continued to govern Nepal until his death
in 1877.
Under the titular kings the Rana family ruled Nepal for 100 years and the
society evolved from that of "Gorkali [Gurkha] military feudalism" into the
"authoritarian agrarian bureaucracy of the Ranas." Under the Gorkali the
military had been given lands and allowed to collect taxes; this had led to
weakening of the political and economic authority of the central government.
The Ranas reversed the situation and created a highly centralized,
aristocratic bureaucracy. Although the bureaucracy was paid in land, it was
not a case of landowners acquiring political power as under the feudal
system, but of political leaders acquiring land. And since they were
attached to the central government, they were usually absentee landlords
whose taxes were collected for them by village headmen. In essence, as REGMI
writes in Landownership in Nepal (1976), Nepal's 19th and 20th century land
system represented a "coalition between the aristocracy and the bureaucracy
on the one hand and local overlords on the other to wring agriculture
surpluses from the peasantry and share the proceeds." When the local
taxcollectors, who eventually became landlords themselves, were no longer
dependent on favors from the political overlords, there was a break between
them which REGMI believes may have been a major reason for the revolution of
1950 and the overthrow of the Ranas.
Shortly after the successful 1950 revolt King Tribhuban returned from exile
and accepted the role of constitutional monarch. Democracy was instituted,
although there were, in fact, a succession of rather ineffective governments
during the decade, and not enough political stability to permit calling an
election until 1959. The election was handily won by the Nepali Congress
Party and a new constitution came into effect. The new government, however,
lasted only one year. In 1960 King Mahendra, who had succeeded to the throne
on the death of his father in 1955, dissolved parliament and part of the
constitution on the grounds that the government was both inefficient and
corrupt. In 1961 he outlined proposals for the Panchayat (council) System
and what he called "basic democracy," i.e. democracy at the lowest level of
government, the village, and representational government at the higher
levels. Basic democracy was to allow people to move into full democracy
gradually.
The Panchayat System has four levels of government. The lowest unit, the
Village Panchayat, is elected democratically by all men and women over 21.
Councils at the next three levels are elected by representatives of the
immediately lower bodies. In 1977 112 of the 135 members of the National
Panchayat, the highest legislative body, were elected indirectly through
village and district-level panchayats with provision for nomination of an
additional 20 percent of the members by the king. The 1975 (Second)
Amendment to the Constitution had abolished representation of class
organizations. The lower panchayats function as executive bodies for their
units, are responsible for implementing national plans and can levy certain
taxes. In spite of the government's good intentions since 1950, and in
particular since 1961 the position of the peasant, and especially the
tenant, for the most part has not improved, and land policies have failed to
create a capital surplus that could be used for industrialization. The
reason, REGMI feel is a lack of understanding by government planners and law
makers of the underlying economic structure.
In Volume I of Land Tenure and Taxation in Nepal, subtitle "The State As
Landlord," REGMI examines the major form of traditional land ownership,
raikar or state landlordism, i.e. land on which taxes are collected or
appropriated by the state, either directly or indirectly. The second volume
deals with birta tenure, land and the revenues from it which have been
assigned to individuals conditionally by the state. The Rana family acquired
a vast amount of birta land during their century of rule, each prime
minister seeking to enrich himself, since in Nepal land is not passed from
father to son by rights of primogeniture. Birta land has been the object of
most land reform legislation since 1951. REGMI assesses the legislation and
the reasons for the success or failure of its implementation.
In the third volume, jagir, rakam and kipat tenure systems analyzed. The
first two are forms of land grants given individuals by the state in payment
for military or administrative services—in lieu of other emoluments. Kipat
is a form of communal ownership, formerly prevalent among a number of tribal
groups but now found only among the Limbu in eastern Nepal.
The last volume deals with "Religious and Charitable Endowments: Guthi
Tenure," i.e. land given in perpetuity to religious or charitable
institutions, in some cases family organizations. Because of the religious
aspects of the trusts, no attempt has been made by the government to change
guthi tenure. Rakam, jagir and birta systems of tenure were abolished during
the 1950s, however, and most land was brought under raikar, state
landlordism.
One value of this detailed tabulation and analysis of the various
traditional forms of land ownership is that it uncovered a vast array of
ancient land tenure systems that go back to pre-Aryan times, to the Tibetan
or Indo-Mongolian systems brought into the hill valleys by the first
settlers. It shows the accretions of history—Hindu, Buddhist, Moghul and
British influences that crept in from northern India. Nepal in some respects
is still, as Rose writes in the Foreword to Volume I, a "museum of practices
prevalent in ages past throughout a much wider area of Asia." These forms
have been preserved in Nepal "because of its relative isolation and freedom
from colonial domination." Nepal thus offers a fertile field to scholars of
other Asian states who seek to understand the historic substructures of the
societies they are studying.
Nevertheless, as Rose goes on to say: "The bewildering complexity of tenure
systems in Nepal, which the author so graphically and carefully describes,
obviously constitutes a major obstacle to modernization of the agrarian and
revenue structures. . . .Proposals for their complete and immediate
abolition must be carefully considered, and must be framed with due care to
avoid the simultaneous abolition of certain positive functions that they do
perform and which are essential to any effective land use program."
REGMI similarly notes in the Preface to Volume II, "Since development in
democratic societies is essentially a process of evolutionary
reconstruction, an adequate understanding of existing social and economic
systems and institutions is the sine qua non for formulation and
implementation of realistic policies." The need for research into the past
is evident when he gives as an example the Legal Code (Muluki Ain) that
governs Nepal's legal system, including its land policies. To understand the
actual situation one has to be aware, he says, of the "orders, regulations
and notifications applicable to particular government offices in specific
areas or situations," since they override the Muluki Ain. The latter has
long been available in published form, the former are being collected and
collated by REGMI.
REGMI’s work is based almost wholly on primary sources, and on collections
of laws and regulations not previously accessible or, at any rate, not
previously studied. Many of the documents from which he worked earlier have
already been destroyed or lost. For his four-volume treatise on land tenure,
his best sources were the records kept in the archives of the Ministry of
Law which go back to 1908, and in the Land Records Office of the Ministry of
Finance which date to the Gurkha conquest in 1768; a few are earlier. He
also utilized the Tibetan Affairs Section of the Ministry of Foreign
Affairs. In connection with his research into guthi tenure, he visited major
temple-beneficiaries to clarify policies of law enforcement. The entire
study took him seven years, August 1960 to March 1967, and the four volumes
constitute some 1,000 pages. He credits his initial interest in studying
Nepal's land tenure system to Dr. Frank Moore, a Ford Foundation Scholar
affiliated with the University of California at Berkeley who visited Nepal
in 1956-57, and his success in carrying these four volumes to completion to
the support of the Himalayan Border Countries Project of the University of
California at Berkeley, as well as to numerous other colleagues at home and
abroad.
In 1971 REGMI published A Study in Nepali Economic History, 1768-1846, which
Stiller calls "one of the most significant books yet to be produced on the
history of Nepal." In this opus, Stiller wrote, REGMI not only gives the
reader "clear pictures of Nepalese society at different stages in its
development, but the added dimension of growth through those stages. The
documentation is excellent." He adds that another of its values is that it
shows modern government planners: "These are defense mechanisms the Nepalis
have built into their society as a source of protection. These are the
institutions that Nepalis have devised as a means of growth. This in short
is what it means to be a Nepali." If planners are not guided by these
insights, he says, it is "at their own peril."
In his succeeding works REGMI more and more seeks solutions to the problems
that he so cogently reports. In his chapter "Land Tenure" in Nepal in
Perspective, edited by Rana and Malle in 1973, he points out that
tenancy—which has unintentionally been allowed to increase under the raikar
system—constitutes a major threat to any meaningful reform. As he sees it,
tenancy has increased for three reasons. One, at the beginning of the 20th
century landlords sought to receive cash incomes rather than in-kind
payments from land. In 1910 this pattern was institutionalized. Monetary tax
rates were set, based upon the current value of 50 percent of the major
crop. These rates remained virtually unchanged until recently, but the value
of the crop gradually increased. Thus the cultivator was "able to meet his
tax obligation with a smaller portion of the produce than before." This
meant that he acquired a capital surplus and was able either to buy new land
or rent part of his already acquired holdings to others.
Two, after the revolution of 1950 a ceiling was placed on the amount of land
one person could hold; large estates were broken up but, since land has
remained the single most desirable form of investment of surplus capital,
the land fell principally into the hands of noncultivators, e.g. civil
servants and the like. Third, the rapid increase in population has increased
the demand for land by the peasant since there are few employment
opportunities outside agriculture to absorb surplus labor. The amount of
land that can still be opened for agriculture is minimal, and increasingly
marginal; already deforestation has taken place at an alarming rate.
The result of the land reform policy since 1950, REGMI writes, has thus
unfortunately "actually led to an expansion of the non-working landowning
class." And it has "strengthened the position of landowners as
rent-receivers without giving them commensurate obligations." He then
applies to the Nepalese situation the words of David Thorner in The Agrarian
Prospect in India: "If you do not totally reject the principle of
non-working landlords. . . . you allow all the evils of concentration of
power at the village level to come trotting back in. The whole world of
organized subterfuge, with which so many villages are already replete, will
continue unabated."
Land reform, REGMI goes on to say, must aim at reducing the social and
economic gulf between landowners and tenants. Since the "entire social,
economic, political and administrative framework of the nation is being
remodeled on the panchayat pattern," he recommends that the panchayat system
be extended to land tenure. He suggests that every village panchayat "should
acquire the ownership of agricultural and pasture lands situated in the area
under its jurisdiction."
He pursues his idea of panchayat tenure in his latest published work,
Landownership in Nepal (1976). Pointing out that, although peasants have a
recognized constitutional status and landlords do not, the rural upper class
is nevertheless developing at the expense of the lower. Its members can
afford, for example, to take advantage of modern agricultural technology.
They thus prosper at the expense of the peasants who cannot afford the
capital investment required by the new technology and whose segment of the
economy therefore continually falls behind. Further, when adopting large
scale and labor saving techniques, the landowner consolidates land and
evicts tenants, he cuts both his economic and social obligations to the
latter.
Increased peasant proprietorship is not the answer, REGMI continues, because
it can easily degenerate into landlordism itself, as it did under the raikar
system of the last century. The important thing, rather, is to decrease
demand for land as an investment by the non-cultivating class.
The answer that REGMI proposes, the panchayat system, accommodates itself to
the political pattern now in place. He suggests that the village panchayat
acquire lands held in excess of the law or lands owned by absentee
landlords, and gradually become the "state landlord" of the surrounding
lands, turning them over to tenants to cultivate. He proposes that the tax
(rent) on land be reduced from one-half of the value of the major crop, to
one-fourth. The reduction in tax will enable the tenant to acquire a capital
surplus which can be utilized for nonagricultural investments.
Although the panchayat system has yet to be adopted for land tenure, REGMI’s
voice has not gone unheard during the last two decades. In 1961-62 he served
his government briefly as Member-Secretary of the Royal Taxation Commission
and the Royal Land Reform Commission. He resigned from the latter after
three months because of the demands of his translation services. He was also
engaged as a research economist, first by the Center for South Asia Studies
of the Institute of International Studies of the University of California at
Berkeley and then by the Himalayan Border Countries Project, headed by Rose,
also at the University of California. In August 1967 REGMI was invited to
participate in the 27th International Congress of Orientalists at the
University of Michigan at Ann Arbor, Michigan, USA; enroute he visited the
United Kingdom.
Besides the earlier mentioned volumes, his Thatched Huts and Stucco Palaces:
Peasants and Landlords in Nineteenth-Century Nepal, will shortly be printed
in India, and he has almost completed The State and Economic Surplus:
Production, Trade and Resource-Mobilization in Early 19th Century Nepal.
Although he claims to dislike writing articles, he has written a number of
monographs on land tenure, taxation and reform; and on the economic and
industrial history and potential of his country. Several have been included
in edited collections.
In spite of the problems he has faced as an historical researcher— in part
due to a lack of interest on the part of government and academe, and in part
to the lack of ready access to source materials—REGMI, through his Research
Collection and his publications, has translated and made available to
serious scholars—foreign and Nepalese—a vast amount of new material. As a
colleague wrote recently, he has "carefully and systematically collected an
enormous amount of relevant data contained in a variety of old government
and private records," and in his publications has maintained not only "the
highest standards of scholarship, intellectual honesty and objective
research methodology, but he has provided a large amount of historical data
never available before." He has also brought his fine mind to bear on his
research materials, analyzing them and applying them to the societies of
both past and present. Stiller refers to him as "one of the truly great
scholars of Nepal today."
The humanitarian aspect of his work has been recognized by another colleague
who writes: "despite his skeptical and objective approach to the problem of
the Nepalese peasants, his feeling and compassion for them is best summed up
in the dedication of his book, A Study in Nepali Economic History, 'To my
fellow countrymen who have suffered much.' "
September 1977
Manila
REFERENCES:
Rana, Pashupati S.J.B. arid Kamal P. Malle, ed. Nepal in Perspective.
Kathmandu: Centre for Economic Development and Administration. 1973.
*Press. 196 3-196 8.
Regmi, Mahesh Chandra. The Future Pattern of Landownership. Berkeley:
University of California Press. 1976.
______. Land Tenure and Taxation in Nepal. Vol. I-IV. Berkeley: University
of California Press. 1963-1968.
______. "Nepal's Land Reform." Presentation made to Group Discussion.
Transcript. Ramon Magsaysay Award Foundation, Manila. September 1, 1977.
(Typewritten.)
______. "Preliminary Notes on the Nature of Rana Law and Government."
Contributions to Nepalese Studies. Kathmandu: Institute of Nepal and Asian
Studies, Tribhuban University. Vol. 2, no. 2, June 1975.
______. "Regmi Research Institute," list of publications of the Institute.
(Mimeographed.)
______. Regrni Research Series. Kathmandu: Regmi Research Ltd. Year 9, no.
9, August 1, 1977. (Mimeographed.)
Stiller, Ludwig F., S.J. "Preface," The Rise of the House of Gorka. New
Delhi: Manjusri Publishing House. 1973.
Letters from and interviews with those knowledgeable of the work of Mahesh
Chandra Regmi.
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