DRAFT NOTIFICATION for UTTARAKHAND HOMESTAY

 
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DRAFT NOTIFICATION for UTTARAKHAND HOMESTAY
Short Title, Extend and Commencement

1.   These rules may be called the Uttarakhand Registration of Home Stay
     Establishment Rules, 2012.

2.   They shall extend the entire State of Uttarakhand.

3.   They shall come into force on such date as the State Government may, by
     Notification in the Official Gazette appoint.

Definitions
1. In these rules, unless the context otherwise requires:
   1.1. ‘Department’ means the Uttarakhand Tourism Development Board (UTDB),
        Government of Uttarakhand.
   1.2. ’Home stay’ means any private house located within the state preferably in the
        rural area where the house owner or his-her families are physically residing in
        the unit or within the premises/campus in close proximity and earmarks some
        rooms exclusively for the use of tourists bearing certain basic minimum service
        standards and eligibility criteria as prescribed in these Rule.
   1.3. ‘Prescribed Authority’ means Uttarakhand Tourism Development Board (UTDB)
        functional under the    Secretary of the Tourism Department, Government of
        Uttarakhand , or any other Authority as may be authorized by him;
   1.4. ’Rural areas’ means outside the jurisdiction of a duly constituted urban local
        body i.e. Municipal Corporation, Nagar Parishad and Nagar Panchayat.
   1.5. ‘State Government‘ means the Government of Uttarakhand.

2. Words and expressions used herein but not defined in these rules but defined in the
   act shall have the same meanings respectively assigned to them in the act.

Classification of Home stay Units
1. The Classification Scheme will be implemented through the Uttarakhand
   Tourism Development Board (UTDB). Based on the facilities and quality of
   the accommodation provided, Home stay units will be classified into three
   categories by bringing out clear guidelines on the requirement s. Refer
   Annexure III & Annexure IV

2. Home stay units fulfilling all the essential conditions prescribed by the
   Department of Tourism and meeting the required criteria in the Checklist of
   Facilities, will be termed as Class A category, Class B category and Class
   C category. Refer Annexure VI & Annexure VII
    Eligibility for Participating in the Scheme
Explanation:- It is mandatory that the Home Stay owner is the owner of the landed
property where the home stay is functioning/or proposed to function. The following shall
be the eligibility criteria for registration of Home Stay establishment namely:-

1.  Any Individual or families who own a house of good condition in rural areas and can
    spare at least 1(One) rooms and maximum of 4 (four) rooms exclusively for tourist
    accommodation and who agree to provide basic minimum infrastructure standards
    and provide the basic assured quality in services.
2. Only those house owner/promoters shall be eligible who along with his/her family is
    physically residing in the same unit or within the premises/campus in close proximity.
3. The house under the scheme should conform to local architecture and design as far
    as possible.
4. At least one member of the family should be able to communicate in English or in
    Hindi.
5. Accommodation under the scheme would mean room accommodation of minimum
    standard sizes i.e. 120 square feet or more with toilet facility reasonably furnished
    and ready for letting out to the tourist or guests as prescribed. The standard size for
    double and single bed room accommodation is 120 square feet and 100 square feet
    respectively and the size of the bathroom/toilet is 20 square feet.
6. The Home Stay Establishment must have minimum of 1(one) room for letting out
    and maximum 5(five) rooms with toilet facility.
7. Home stay will be selected as per the guideline and will be classified as per the
    prescribed classification criteria.
8. Hoem stays registered will display the official logo and the plaque clearly depicting
    their legal entity and classification as per the prescribed standards.
9. Houses of rooms which are leased or rented out will not be eligible.
10. Houses should have easy access from the road by a footpath/mule track in good
    condition.
11. The houses in areas of tourism importance will get priority.

Procedure for Selection

1) Selection of home stay units from among the applicants will be done by a
   Prescribed Authority appointed by the Government for the purpose, based
   on the following criteria:

      i) Location of the house.
      ii) Quality of house and surrounding areas in terms of facilities and
           hygiene for offering to the tourists.
      iii) Access.
      iv) Educational and professional background of the applicant and family
           members.
      v) Tourist attraction of the area.

2) The Prescribed Authority for registration and classification of home stay
   units constituted by the Government for the purpose will visit the unit and if
found satisfactory with the facilities, recommend the Department of Tourism
   for the classification of the unit. The order on classification will be issued
   by the      Department of Tourism,           Government of      Uttar akhand.

   The committee for the classification of home stays can constituted district-
   wise with the following members: (suggestive)

      i)     District Panchayat President – Chairman
      ii)    Additional Director/Joint Director, Department of Tourism – Member
      iii)   District Officer, Department of Tourism – Member
      iv)    Representative of Chief Development Officer – Member
      v)     Tehsildar/Patwari of the area in which the unit is located
      vi)    Representative of the Local Panchayat in which the unit is located –
             Member

3) There is a State Level Committee co mprising the following members to
   oversee the implementation of the scheme, to monitor the progress and to
   intervene in issues, if any. (suggestive)

      i) Secretary, Tourism – Chairman
      ii) Director, Tourism – Convener
      iii) Director, UTDB – Convener

Benefits to the Home Stay Operators
1. Earning additional income other than his/her regular income and sustained
   employment.
2. Use of Uttarakhand Tourism Brand for marketing.
3. Support from the Government in Capacity Building.
4. Facilitation by the Government in getting loans from fina ncial
   institutions/government schemes for the improvement of the existing
   houses for its conversion into home stays.

Post Implementation Assistance

1) Post-implementation assistance and monitoring will be one of the key
   aspects to ensure proper functioning of home stay operations. There will be
   a support system, to provide professional guidance and overall managerial
   directions to the entrepreneurial units.

   Uttarakhand Tourism Development Board (UTDB) is proposed to be
   functional under the Department of Touri sm. UTDB will be able to assist the
   units by way of:
   a) Marketing guidance/support.
   b) Technical guidance for continuous improvements.
2) Capacity building – UTDB/The Department of Tourism will arrange
   continuous training programmes for the home stay operators and their staff.

Application for registration of Home Stay Establishment
1. Any owner of a private house having the requisite documents to show ownership of
   land/house, located in a rural area of the State may apply in a prescribed proforma
   (Annexure I) to the CEO of Uttarakhand Tourism Development Board (UTDB) or as
   Prescribed Authority under whose jurisdiction the area falls for registration of the
   Home Stay Establishment under these rules.
2. The Prescribed Authority before registering such Home Stay Establishments shall
   ensure the physical verification of location, facilities, surrounding environment,
   hygiene, cleanliness, security, architectural design and safety of the tourist. Based
   on the services and facilities the Home stays will be certified under the prescribed
   classification norm and registered.

Code of conduct and responsibility of the House Owner
1. Every Home Stay Establishment owner shall get their unit registered with the UTDB,
   under the prescribed classification criteria.
2. Every Home Stay shall follow guidelines framed, maintain the basic infrastructure
   and quality standards as per the selected classification criteria and adhere to the
   Code of Conduct. A copy of these will be provided and explained to him or her at the
   time of registration.
3. Home Stay Owners shall submit an undertaking in a prescribed format in Annexure
   – II for fulfilling the terms and conditions of running a Home Stay Establishment and
   undergo the training programme conducted by UTDB or service providers as per
   prescribed by the Tourism Department.

Registration fee
The UTDB shall by notification fix the rates for registration fee under the prescribed
classification criteria and renewal fee of Home Stay Establishments and periodically
change the rates according to need with due approval of the Tourism Department or as
prescribed.

Acknowledgement of the application
The UTDB shall, on receipt of the application along with the prescribed fee,
acknowledge the receipt thereof indicating the date on which the application is
submitted by the applicant, date of receipt and amount of the fee received with the
application.

Certificate of Registration
The UTDB shall - unless registration is refused - shall issue Certificate of Registration
including the official registration number to the Home Stay Establishment Owner in the
Prescribed Form given at Annexure V
Refusal of Registration
1. The UTDB or the Prescribed Authority may refuse registration of a Home Stay
   Establishment if he or she is convicted of any offence under any law providing for
   prevention of hoarding, smuggling or profiteering or any adulteration of food or drug
   under Chapter XIII and XIV of the Indian Penal Code,1860
2. No application for registration shall be refused or certificate of registration cancelled
   unless, the person applying for registration and the person whose certificate of
   registration is to be cancelled has been afforded a reasonable opportunity of being
   heard.

Removal of name from the register
1) The UTDB/Prescribed Authority may by an order in writing remove the name of a
   Home Stay Establishment from the Register and cancel the Certificate of
   Registration on any of the following grounds, namely:-
       i) if the Home Stay Establishment ceases to cater to tourists;
       ii) if he or she is convicted of any offence punishable under the relevant sections
            of the Indian Penal Code,1860 or under any law providing for the prevention
            of hoarding, smuggling or profiteering or adulteration of food and drugs or
            corruption or
       iii) if the owner or the establishment under question is blacklisted by the
            UTDB/Prescribed Authority;
2) In case of overcharging, unhygienic conditions, misbehavior, malpractices and
   failure to maintain required standards the Registration of Home stay unit will be
   cancelled after giving reasonable opportunity of being heard.
3) Any Home Stay Establishment which is removed from the register under sub rule (1)
   shall forthwith cease to be a Home Stay Establishment.

Blacklisting of dealer
The Prescribed Authority may, on proof of complaint and due process of law and justice,
of malpractice or any other offence committed under these rules for reasons to be
recorded, blacklist a -
1) Home Stay Unit, after taking into consideration the nature of malpractice and direct
   forthwith the removal of such unit from the register and cancellation of the certificate
   of registration.
2) The particulars of such blacklisted Home Stay Units which are issued by written
   orders shall be notified to all travel, trade and concerned organizations.
3) Notwithstanding any action taken, the Home Stay unit owner shall be liable to be
   prosecuted under the provisions of the law if deemed necessary.

Removal of name of blacklisted Home stay Establishment/Owner
If the UTDB/Prescribed Authority is satisfied that there are sufficient grounds for
removal of name of blacklisted Home Stay Establishment or Owner, he may, after
recording the reasons, order his removal from such list and notify the same for general
information of all concerned.

Monitoring and Evaluation of Home Stays
1) There shall be an independent panel for Monitoring and Evaluation of Home Stays in
   the State of Uttarakhand for the purpose of consistent efforts to provide assured
   service standards. This shall be done by a Monitoring and Certifying Committee
   which shall be duly notified by the department so that assured minimum standards
   are continued to be maintained in these Home Stay Establishments.
2) The panel shall be drawn from various stakeholders and expert agencies involved in
   tourism and eco tourism fields.

Display of information and maintenance of registered documents
1) Every registered Home Stay Establishment shall display, at a conspicuous place, in
   respect of his Home Stay, at the entrance of the Home Stay or at the reception
   counter, on a notice board (with a minimum size of 3’-4’) the following information,
   duly painted, namely,
       i) Home Stay______________________________(Name)
       ii) Registration               number          Issued           by        UTDB,
            __________________________________.
       iii) The classification category sanctioned by the UTDB
       iv) Certificate of Training programme organised by UTDB.
       v) Total accommodation in the Home Stay with details:
                 (a) No of single room________________________.
                 (b) No of double room_______________________.
                 (c) No.of family suits_________________.
                 (d) (a unit of more than one room)
                 (e) Rooms occupied_______________________.
                 (f) Rooms reserved______________________________.
                 (g) Rooms available______________________________.
                 (h) Rate list of each room as approved by Prescribed Authority.
                 (i) Check out time
2) Rate list of eatables to be displayed on a separate notice board and or menu.
3) Kitchen/Dining closing time to be displayed.
4) Every registered Home Stay Establishment shall maintain the following books and
   register, approved by the UTDB. Upon demand/request by the UTDB/Prescribed
   Authority, shall produce the following records namely:
       i) Complaint/suggestion book kept at the reception/lobby/living room of Home
            stay.
       ii) Guest/tourist visitor register.
       iii) Bill book duly numbered in triplicate.
       iv) Receipt book duly numbered in duplicate for receipt of payments/advance.
5) The Home Stay Establishment owner/family shall not allow entry of guest/tourist in
   the hotel room unless his particulars are entered in the guest register.

General terms and conditions for approval and registration of Home Stay
Establishments
Standard Guidelines for different specific segments have been developed by the
Departments. These are –
   1. Guideline for Home stay functioning
2. Guideline for Home stay owners for food & beverages services area
      management
   3. Guideline for Home stay premises management
   4. Parameters for Tourist attraction site management and community involvement

Above guidelines should be followed by the Home Stay owners which can be monitored
by the authorised authorities.

Basic Assured Quality in Services to be provided in Home Stays.
(1) All beds shall be minimum 6(six) feet in length and to be provided with mattress of
sufficient thickness and comfort. Clean Soft pillows and adequate clean blankets or
quilts shall be provided according to the weather and season.
(2) Clean linen such as pillow cases and bed sheets and towels shall be provided.
(3) There shall be adequate provision for storage of guest luggage, hanging clothes and
sitting arrangements with reading/writing facility.

Display items for Home Stays

   1. Certificate Signed certificates of Uttarakhand Tourism Standard Certificates
      provided by the UTDB will be displayed in public place.

   2. Plaque An Uttarakhand Tourism Standard Plaque, made of metal in bronze
      colour of 7.5 x 10 inch size, attached with a piece of oak colour wood. The line of
      frame is 1 centimetre from the edge. The Plaque needs to be displayed in the
      front wall or near the reception counter.

   3. Letter of Notification Uttarakhand Tourism Standard Letter of Notification will be
      sent to those who receive Uttarakhand Tourism Standard, issued by UTDB
      signed by the Secretary, Department of Tourism, Uttarakhand for confirmation.
      The Standard will last for two years or the period of time indicated by the
      Authority.

Sd/-
Annexure I

                             APPLICATION PROFORMA
  Under the Registration of Home Stay Establishment Rule 2012
                                                                              Passport

                                                                              Size pohoto

                                                                              to be

                                                                              affixed

1. Name of the Homestay unit, if any:

2. Name of the owner/promoter

3. Father’s Name

4. Age

5. Postal address

6. Contact Number

7. Location of the house along with full address :
(location plan to be included)

8. Details of family members who are staying at the unit

Sl.No.   Name                           Relationship with   Educational      Occupation

                                        the applicant       Qualifications
9. Date on which the Homestay became operational:

10. Details of the building

     (a) Name of the Gramme Sabha/Panchayat, Block, Tehsil, District
     (b) Plinth area (floor-wise):
     (plan, elevation & photographs of the building to be enclosed)
     c) Location Plan showing access to the Home stay from the main approach road
     d) Proof of ownership of the house/property
     e) Accredition if any:

11. Details of location

     (a) Area of the plot:
     (b) Distance from nearest town (w.r.t. village):
     (c) Distance from nearest railway station (w.r.t. village):
     (d) Distance from nearest airport (w.r.t. village):
     (e) Distance from nearest bus stand
     (f) Distance from nearest shopping center
     (g) Distance from nearest Hospital/Dispensary

12. Nearest tourist spot (please describe the tourist attractions nearby):

13. Details of facilities

    (a) Number of bed rooms offered to tourists

Sl.No. Room size              Number of              Facilities in each      Additional facility – if
                              bathrooms/Toilets      room                    any
                              available

     (b) Kitchen facilities (Yes/No) :
     (c) Dining / lobby (Yes/No.) :
     (d) Other facilities (Please specify - Attach separate sheet if necessary):

10. Registration No.
(If approved earlier, attach a copy of the earlier Certificate of Approval issued by the UTDB)

11. Acceptance of regulatory conditions
(this should be furnished in the prescribed proforma):

12. Acceptance fee
Category of              Classification/         Details of DD            DD should be in favor
Classification           Reclassification Fee                             of the
                         (in                                              Director, UTDB
                         Rs.)                                             Department of
                                                                          Tourism,
                                                                          Govt. of Uttarakhand,
                                                                          Dehradun -248001
                                                                          (Please enclose DD
                                                                          along with the
                                                                          application).
Class C                  500.00

Class B                  1000.00

Class A                  1500.00

Full name of the applicant :

Place

Date

Regulatory conditions (Appended)

Note:

1.Submit the application form along with the Demand Draft and relevant documents to the
respective authorized District Tourism office.
2. Minimum Rs. 500.00 should be submitted along with the duly filled application form for
registration for the Home stays. After monitoring the UTDB will register the homestay as per the
classification norm and if applied the owner has to submit the deference of fee as per the
classification criteria.
Annexure II

                                    UNDERTAKING
I have read and understood all the terms and conditions of the Registration of Uttarakhand
Homestay Establishment Rules, 2012 and hereby agree to abide by them. The information and
documents provided are correct and authentic to the best of my knowledge. I am also willing to
undergo any training programme/s conducted by UTDB/Department or service providers to
improve the services in my Home Stay.

                                                            Signature and name of the owner,
                                                                            (in block letters.)
Place:

Date:
Annexure III

Regulatory Conditions for Home Stay Classification

DETAILED GUIDELINES FOR THE CLASSIFICATION/RECLASSIFICATION
OF UTTARAKHAND HOMESTAY UNITS

1. Classification will be for Homestays, applying under the prescribed norm and standard.

2. Once the unit applies for classification, it has to be ready for inspection by the approved
   authority.

3. Classification will be valid for 2 years from the date of issue of order or in case of
   reclassification, from the date of expiry of the last classification, provided that the application
   has been received at least 3 months before the expiry of the last classification.

4. The classification for Homestay units will be given only in those cases where the
   owner/promoter of the unit along with his/her family is physically residing in the same unit.

5. All applications for the classification or reclassification must be complete in all respects
   including application form, application fee, prescribed clearances, NOCs, certificates,
   checklist etc. as applied. The incomplete application is liable to be rejected.

6. The application fee payable for classification or reclassification will be as follows. The
   Demand Draft may be payable to the Director, UTDB, Department of Tourism, Govt. of
   Uttarakhand, Dehrsadun -248001, payable at Dehradun. The fee is not refundable in case of
   rejection of classification or considering for classification in lower classes.

Category of Classification                        Classification/Reclassification

                                                  Fee (in Rs.)

Class C                                           500.00

Class B                                           1000.00

Class A                                           1500.00

7. In case of dissatisfaction with the decision of the categorization on classification, the unit
   may appeal to the Secretary (Tourism), Government of Uttarakhand within 30 days of
   receiving the communication regarding classification/reclassification.

8. The presence of facilities and services will be evaluated against the checklist and score
   sheet provided by the UTDB. The checklist should be duly filled in and signed on all pages
   and submitted to the UTDB with the application.
9. The classified units are expected to maintain required standards at all times. The Prescribed
   Authority could inspect the same at any time without previous notice. Any serious
   deficiencies will be reported to the UTDB/Department of Tourism and the Department is free
   to take any action including cancellation of the classification/registration.

10. Any deficiencies/rectification pointed out by Prescribed Authority the will have to be
complied within the stipulated time. Failure to do so will result in rejection of the application.

11. The Committee may recommend a category either higher or lower than the one applied for.
In case of higher than the one applied for, the applicant will have to deposit the required fee for
the recommended category. However, in case of lower category, there will be no refund of the
extra fee.

12. Any changes in the facilities of the unit shall be reported to the UTDB/ Prescribed Authority
within 30 days.

13. All the classified units shall have to submit Form C with passport details to the nearest
Police Station as done by the hotels while accommodating foreign nationals (Though it is a
center Government matter but in Uttarakhand where Patwai system is also recognised the
regulatory criteria need to be simplified).

14. The Department of Tourism, Government of Uttarakhand reserves the right to modify the
guidelines/ items and conditions from time to time.
Annexure IV

          PROFORMA OF ACCEPTANCE OF REGULATORY CONDITIONS
                                    (In Rs.10/- stamp paper)

The Director
UTDB,
Department of Tourism
Government of Uttarakhand,
Dehradun

Dear Sir,

Subject: Acceptance of Regulatory Conditions

I have read and understood the various criteria prescribed by the Department of Tourism for
membership in the Homestay Certification Scheme of the Hospitality Sector, and wish to confirm that
I shall abide by the same and such other conditions as may be laid downtime to time by the
Department of Tourism for the Homestay Certification Scheme.

                                                                                    Yours faithfully,

                                                                                          Signature

                                                                             (Name in block letters)
                                                                                        Proprietor :

                                                                               Name of Homestay :
Date :

Place :
Annexure V

No……………./DoT &CAv                                                    Dated ………

                    CERTIFICATE OF REGISTRATION

This      is    to     certify   that   Home      Stay      of     Shri/Smt./Ms.
……………………………………………………………………………….                                           located
at………………………has been registered under the Registration of Home Stay Establishment
Rules, 2012 vide Registration number…………………………………………. Classification
Category………………
Serial no……….File/Volume no…………. District……………….

                                                             ( Prescribed Authority)
                                                               Tourism Department
                                                         Government of Uttarakhand
Annexure VI

                                  Classification Criteria
CHECKLIST OF FACILITIES

GENERAL

Clean and hygienic environment                                                                N

Bedrooms, bathrooms, public areas and kitchens serviced daily while there are tourists        N

All floor surface clean and in good repair                                                    N

Safety & Security                                                                             N

GUEST ROOM

Minimum one room and maximum 4 rooms (maximum 8 beds) with toilet/bath facility; All          N
rooms to have good ventilation

Minimum size of bedroom excluding bathroom has to be 120 sq.ft                                N

A clean change of bed and bath linen daily and between check-in                               N

Minimum bed width for single is 75 cm and double 140 cm                                       N

Mattress minimum 10 cm thick - coir, cotton, foam                                             N

Minimum bedding 2 sheets, pillow & case, blanket (according to the altitudinal and seasonal   N
requirement), mattress protector/bedcover

Sufficient lighting, 1 per bed                                                                N

A 5 AMP earthed power socket                                                                  N

A bedside table and drawer                                                                    N

A folding writing surface                                                                     N
Chairs (preferably folding)- preferably one per bedding                            N

Wardrobe/wall almerah with minimum 2 cloth hangers per bedding                     N

Luggage shelf                                                                      N

A wastepaper basket                                                                N

Opaque curtains or screening for all windows                                       N

Drinking water + 1 glass tumbler per guest                                         N

A mirror, at least half length (2-3 feet)                                          N

A ‘do not disturb’ notice                                                          N

BATHROOMS

Minimum size of bathroom 20 sq.ft                                                  N

Western type WC                                                                    D

1 bath towel and 1 hand towel to be provided per guest                             N

One WC brush per toilet seat                                                       N

Guest toiletries on request. Minimum 1 new small soap/guest                        N

A clothes-hook in each bath/shower room                                            N

A sanitary bin                                                                     N

Each western WC toilet to have a seat and lid, toilet paper                        D

Floors and walls to have non-porous surfaces                                       N

Hot and cold running water (Preferably available 24 hours or at least on demand)   N
Water saving taps/shower                                      N

Energy saving lighting                                        N

One large and one small bucket with mug                       N

PUBLIC AREAS

Telephone facility                                            N

E-mail service                                                D

Dining room with quality furniture                            N

Non-plastic crockery & glassware                              N

Cutlery to be at least stainless steel                        N

KITCHEN

Daily germicidal cleaning of floors                           N

Clean utensils                                                N

All food grade equipment, containers                          N

Ventilation system                                            N

Purified drinking water                                       N

Garbage to be segregated – wet and dry and disposed/treated   N

Note: D = Desirable, N = Necessary
Annexure VII

                                    SCORE SHEET

Criteria            Max     Allocation of Marks
                    Marks

Location            12      Places of tourist attraction (8), Located at scenic
                            place/farm/estate (4)

Exterior &          10      Exterior environment (4), Approach (1), Landscaping (2), Exterior
surroundings                lighting (2) Parking (1)

Type of Building    8       Heritage building, Farm houses, Estate bungalows (8), New
                            construction in traditional architecture (6), Normal RCC structure
                            (2), Old tiled houses without much heritage value (4)

Guest Rooms         12      Furniture (6), Furnishings (2), Décor (2), Room facilities &
                            amenities (2)

Bathrooms           8       Clean and hygienic Facilities (4), Fittings (2), Linen (1), Toiletries
                            (2)

Public Areas        4       Furniture and Furnishings (2), Décor (2)

Food                6       Traditional cuisine (4), Choice of cuisine (2), Food quality (2)

Kitchens            6       Cleanliness (4), State of repair (2), Clean & Protected Food
                            storage (4)

Cleanliness         10      Overall impression (1 to 10)

Hygiene             10      Overall impression (1 to 10)

Safety & Security   4       Public area and room security (2), Signage (2)

Communications      2       Phone service (1), Internet access (1)
Eco – friendly        8         Waste management, recycling, no plastics (4), Water
practices                       conservation, Harvesting (3), Pollution control – air, water,
                                sound, light (2), Alternative energy usage (2)

Total                 100

Class A - 75 and above, Class B - 60 - 74, Class C - 50 – 59, Not qualified - Less than 50
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