Overcoming The Pecuniary Conundrum In Consumer Cases

first_imgColumnsOvercoming The Pecuniary Conundrum In Consumer Cases Shivkrit Rai & Kashish Bajaj15 Sep 2020 12:30 AMShare This – xThe new Consumer Protection Act, 2019 came into effect on July 20, 2020, thereby replacing the Consumer Protection Act, 1986. While the new Act has brought in a catena of changes which will empower the consumers, it has also brought in some structural changes with respect to the power vested with the Consumer Disputes Redressal Commissions. One of the most prominent changes which has…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe new Consumer Protection Act, 2019 came into effect on July 20, 2020, thereby replacing the Consumer Protection Act, 1986. While the new Act has brought in a catena of changes which will empower the consumers, it has also brought in some structural changes with respect to the power vested with the Consumer Disputes Redressal Commissions. One of the most prominent changes which has been brought by the new Act is the change in the pecuniary jurisdiction of the Consumer Commissions at all three levels of the hierarchy, i.e. at the District level, State level and the National level. As per the 2019 Act, the pecuniary jurisdiction of the District Commissions is till Rs. 1 crore which is an increase from the previous Rs. 20 lakhs. The State Commissions have a jurisdiction to entertain cases between 1 crore to 10 crores, which has been changed from the previous bracket of Rs. 20 lakh to Rs. 1 crore. The National Commission will now take matters which are upwards of Rs. 10 crores. The National Commission’s pecuniary jurisdiction as per the old act was to entertain cases which exceeded Rs. 1 crore. (See sections 34, 47 and 58) Change in Pecuniary Jurisdiction Year/legislation District Commission State Commission National Commission Consumer Protection Act, 1986 Act(As amended in 2002) Upto Rs. 20 Lakhs Between Rs. 20 lakhs and Rs. 1 crore Above Rs. 1 crores Consumer Protection Act, 2019 Upto Rs. 1 crore Between Rs. 1 crore and Rs. 10 crores Above Rs.10 crores Quite interestingly, the criteria for determining pecuniary jurisdiction has also changed. When the 1986 Act was in force, the National Commission in its landmark judgment of Ambrish Kumar Shukla v. Ferrous Infrastructure had laid down the criteria for determining pecuniary jurisdiction for all the Commissions. However, the decision of the National Commission had created more ambiguity as it gave the complainants the power to escape the hierarchy and approach the National Commissions directly. The new Act will cure these lacunas, as the wordings of the section dealing with pecuniary jurisdiction has changed significantly. THE FAULT LINES IN AMBRISH KUMAR SHUKLA VERSUS FERROUS INFRASTRUCTURE Before 2016, there had been a constant confusion in various Consumer Commissions on how to determine the pecuniary jurisdiction of an original consumer complaint. The Act provided, that the pecuniary jurisdiction is to be determined on the basis of value of goods or services and compensation, if any, claimed. (See sections 11, 17 & 21 of Consumer Protection Act, 1986) The sections had created ambiguity and raised two main questions for determining pecuniary jurisdiction. First, where there is a defect in the goods or services in question, will the value of total goods or services determine the pecuniary jurisdiction or is it merely the cost of curing the defect which should be taken into account. Second, should the compensation which has been prayed for by the complainant in the consumer complaint be taken into account while considering the aspect of pecuniary jurisdiction. The judgment of the three-judge bench in Ambrish Kumar Shukla case before the National Commission had attempted to clarify the ambiguity over pecuniary jurisdiction. The bench held that in cases where there is a defect in the goods or services in question, the pecuniary jurisdiction will be determined on the basis of the aggregate value of goods or services involved. For this, the bench clarified their stance by way of an illustration. The bench explained that if a person had bought an apartment for Rs. 1 crore, and the defect which was sought to be cured was for Rs. 5 lakhs only, then the value of the goods i.e. apartment will be taken into account which is 1 crore, instead of the Rs. 5 lakhs which is the cost of curing the defect. With respect to the compensation aspect, it was held that the interest sought by the complainant in the consumer complaint is treated in the form of compensation and therefore the interest amount should be taken into account while determining pecuniary jurisdiction. The above two basis laid down for determining pecuniary jurisdiction in the Ambrish Kumar Judgment seems to be bad in law for various reasons. For starters, in cases of defect, the criteria may compel the complainants to go to a higher forum. This will result in the complainant missing out a stage of appeal. Moreover, Section 14 of the Consumer Protection Act, 1986 provides for the nature of relief which the Commission can pass. In subsection (e) of Section 14 of the 1986 Act, the Commission was categorically empowered to remove the defects in goods or services in question. Therefore, determining the pecuniary jurisdiction in cases of defect by computing the aggregate value of the goods or services in questions seems to be unnecessary and arbitrary. The computation should be only on the basis of the value of the goods or services which are in defect and not the aggregate value of the goods purchased. A similar view has been taken by the Hon’ble Calcutta High Court in the case of Woods Birch Hazel Residents Association v/s The Managing Director, Bengal United Credit, Belani Housing Company Limited. By the logic used in the Ambrish Kumar Judgment, if a consumer had purchased a vehicle in 2010 for Rs. 25 lakhs, and the vehicle had a defect in its entertainment system which is for Rs. 1 lakh, the consumer/complainant will have to approach the State Commission instead of the District Commission to get the necessary relief. This is because, the pecuniary jurisdiction is determined based on the aggregate value of goods and services involved and not the value of defective goods. This may defeat the purpose of the Consumer Protection Act as it will create more problems for the consumers with respect to physical accessibility to Commissions especially in bigger states where the State Commissions are located far of from the Consumers and District Commissions may be preferable. The criteria of including compensation in determining pecuniary jurisdiction is also flawed. In practice, various Commissions take compensation prayed in consumer complaints at its face value while admitting cases. The resultant effect is, that complainants misuse this wide discretion and manufacture pecuniary jurisdiction. The lacuna lies in failing to determine an upper limit of the compensation amount. Consumer complaints often have prayers requesting the commission to grant upto 18% interest on principal amount from the date of deposit till realization of final amount. The reality is that Consumer Commission often award interest in the form of compensation based on market interest rate and not the high interest rates which have been claimed in the Consumer Complaints. The pecuniary jurisdiction can easily be manufactured by the Complainant by praying for an astronomical interest rate. For e.g., if the goods or services in question have a value of Rs. 12 lakhs, the pecuniary jurisdiction should lie with the district commissions. However, the Complainant by adding an interest of 24% per annum along with compensation of Rs. 5 lakhs for mental harassment can shift the jurisdiction to State Commission. Recently, the National Commission had identified this lacuna and had stated in its order that interest cannot be claimed at fictitious and impractical rates such as 24%. However, no criteria has been laid down for determining an upper limit of the interest rate. BORROWING FROM CODE OF CIVIL PROCEDURE, 1908 The bench in Ambrish Kumar Shukla case should have taken assistance from Code of Civil Procedure,1908 to determine pecuniary jurisdiction. The value of a Civil suit for purposes of determining pecuniary jurisdiction is calculated in accordance with the provisions of the Suits Valuation Act which further refers to the Court Fees Act. As per Section 8 of the Suits Valuation Act, the value of the suit is determined as per the court-fees. Section 7 of the Court Fees Act states that in suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically) the court fees is determined according to the amount claimed, henceforth, the suit is determined as per the amount claimed and nothing else. Here, pre-litigation interest is calculated in cases only where there is an agreement, express or implied between the parties. In the presence of an agreement which mentions interest amount, the interest amount is also accounted in the process of suit valuation. Apart from that, the criteria for determining interest rate over and above the amount claimed has been mentioned in Section 34 of the CPC, which states that the interest is at the sole discretion of the court adjudicating the suit and that too from the date of the institution of the suit. There is a rider to the power of granting interest in Section 34. The interest can be granted at the rate not exceeding six percent per annum. However, if the subject matter is of commercial nature, then the interest can exceed the 6% p.a. but cannot exceed the rate at which moneys are lent or advanced by nationalized banks in relation to commercial transactions. The National Commission in Ambrish Kumar Shukla should have used the criteria laid down in Section 34 to account interest amount. RESOLVING THE CONUNDRUM: CONSUMER PROTECTION ACT, 2019 When the Consumer Protection Act, 2019 was promulgated it changed the pecuniary jurisdiction of all the Consumer Commissions in the hierarchy (District, State and National). More importantly, it changed the criteria for determining the pecuniary jurisdiction which was previously laid down in the Consumer Protection Act, 1986 and subsequently clarified in the landmark judgment of Ambrish Kumar Shukla v. Ferrous Infrastructure. As per the new Act, the pecuniary jurisdiction would be based on the “consideration paid” and not the aggregate value of goods and services in question. Moreover, the compensation prayed for in the consumer complaint will not be included in determining the pecuniary jurisdiction of the Consumer Commission. In fact, this new position has been reiterated in orders passed by the National Consumer Commission and the Delhi State Consumer Commission. The resultant effect of the new legislation is that it cures the fault lines created by the Ambrish Kumar judgment which gave the complainants an opportunity to manufacture jurisdiction. CHALLENGES AHEAD While the position related to pecuniary jurisdiction has been clarified in the new Act, there are some practical ramifications which the litigants will face in the years to come. For starters, the change in the criteria of determining pecuniary jurisdiction has diluted the role of the National Commission and the State Commissions to that of an Appellate authority. For example, in the insurance sector, consideration paid is in the form of “insurance premium”, which only in a handful of cases would cross more than Rs. 1 crore. Therefore, these cases would often fall outside the ambit of original jurisdiction of the State Commission and the National Commission and would lie only with the District Commissions. Similarly, cases related to medical negligence, where mostly consideration paid is under Rs. 1 crore will fall within the jurisdiction of the overburdened District Commissions. At the same time, no steps seem to have been taken to empower the District Consumer Commissions to deal with the large influx of cases that will be coming towards it. The new Act also states that an endeavor should be made to dispose of cases within three months from the date of receipt of notice by opposite party. Therefore, there is an active need for the State Governments to empower these District Commissions by providing the requisite infrastructure and manpower to efficiently and effectively deal with these cases and to fulfill their mandate.(Authors are Delhi based lawyers and were previously Law Researchers in the Delhi High Court. Opinions are personal.)  Next Storylast_img read more

NFL picks, predictions against spread for Week 10: 49ers clip Seahawks, Cowboys sink Vikings, Giants rip Jets

first_imgMORE: Get the latest NFL odds & betting advice at Sportsbook ReviewWho’s winning and who’s losing, and by how much? Here’s our latest fearless forecast, hoping that fortunes favor the bold.NFL Week 10 picks, predictions against the spreadGame of the Week: Seattle Seahawks at San Francisco 49ers (-5 1/2)Monday, 8:15 p.m. ET, ESPNThe Seahawks’ pass defense is not very good, and the 49ers have their passing offense revved up. Defensively, San Francisco can win the battles up front against Seattle’s offensive line, and it should be a bit healthier on the other side to handle a limited pass rush. The 49ers have been a great home team this season, and Jimmy Garoppolo will be up to the task of out-dueling Russell Wilson with better matchups for his weapons.Pick: 49ers win 31-27 but fail to cover the spread.Upset of the Week: Detroit Lions (+6.5) over Chicago BearsSunday, 1 p.m. ET, CBSMatthew Stafford was playing at a high level, as the Lions have trusted him to throw the ball everywhere with a high volume again, but now they are turning to backup Jeff Driskel with Stafford not able to play Sunday with his hip and back issues. Mitchell Trubisky keeps turning in poor performances. The Bears will stay in it by feeding rookie running back David Montgomery against a leaky Lions run defense, but eventually, Trubisky will need to let it fly against a shaky pass defense to give his team more points than the Lions manufacture. It won’t necessarily be pretty, but Detroit will push Chicago closer to a first-to-worst slide in the division.Pick: Lions win 20-17.Lock of the Week: Dallas Cowboys (-3) over Minnesota VikingsSunday, 8:20 p.m. ET, NBCThe Cowboys are a great home team in big games. The Vikings are a bad road team in big games. Dallas is coming off a short week, but Minnesota might run into the same defensive problems it had in Kansas City, only with a few more offensive limitations around Kirk Cousins. Dak Prescott will succeed stretching the field, and Ezekiel Elliott will help with several chunk runs. Cousins will succumb to the Cowboys’ pass rush and coverage in crunch time.Pick: Cowboys win 31-20 and cover the spread.Baltimore Ravens (-11 1/2) at Cincinnati BengalsSunday, 1 p.m. ET, CBSThe Ravens will stick with their usual run-heavy game plan with Mark Ingram and Lamar Jackson with little resistance from the Bengals’ league-worst run defense. The Bengals are turning to Ryan Finley at quarterback against a team with a savvy and deep veteran secondary. There is no good reason to think Cincinnati will come close to sniffing its first victory despite its coming off a bye and playing at home.Pick: Ravens win 27-10 and cover the spread.Buffalo Bills at Cleveland Browns (-2 1/2)Sunday, 1 p.m. ET, CBSOne might think it’s crazy for the 2-6 Browns to be favorites over the 6-2 Bills in the Battle of Lake Erie. But Buffalo has been inflated by bad opponents, and Cleveland been burned mostly by good opponents. At home, there’s a lot of pride and face-saving on the line for the Browns, and the key overcorrection will be turning this game over to Nick Chubb and the defense. Josh Allen will actually get outplayed by Baker Mayfield here.Pick: Browns win 23-20 and cover the spread.Atlanta Falcons at New Orleans Saints (-13 1/2)Sunday, 1 p.m. ET, FoxThe Falcons will come out of the bye at 1-7 while the Saints, also rested but at 7-1, will continue their march toward NFC title redemption. Atlanta will be a bit healthier and will want to play hard for coach Dan Quinn, whom the players will do their best to save. New Orleans is a hated rival, and that should rev things up here with the big spread. The Saints will still win comfortably with Drew Brees and the defense at full strength, but the margin will be a little less than 13 1/2.Pick: Saints win 31-20 but fail to cover the spread.New York Giants (-1 1/2) at New York JetsSunday, 1 p.m. ET, FoxThis technically is a home-field game for both teams, and the Giants have a lot more optimism and upside with Daniel Jones, Saquon Barkley and Pat Shurmur than the Jets have with Sam Darnold, Le’Veon Bell and Adam Gase. One New York will pound the other with a heavy dose of Barkley, also showing that Jones, while ripping a bad secondary, is looking better than Darnold. This might end up being the end of the line for Gase and Gregg Williams should it become another disaster. Pick: Giants win 24-17 and cover the spread.Kansas City Chiefs (-4) at Tennessee TitansSunday, 1 p.m. ET, CBSThe Chiefs should get Patrick Mahomes back for this one. The Titans’ defense is hurting without Malcolm Butler and maybe Jurrell Casey again. They also don’t cover inside receivers or tight ends well, so hello Tyreek Hill and Travis Kelce when the Chiefs are stretching the field. Derrick Henry’s running can keep Tennessee in the game for a while, and Ryan Tannehill will be a gamer again, but Kansas City just has too much for Music City.Pick: Chiefs win 34-27 and cover the spread.Arizona Cardinals at Tampa Bay Buccaneers (-4)Sunday, 1 p.m. ET, FoxThe Cardinals are entering this game with a lot of offensive confidence with Kyler Murray and current coach Kliff Kingsbury against their former beloved coach Bruce Arians. The Bucs are feeling good, too, with Jameis Winston starting to get into a groove under Arians. This should be a fun, high-scoring game with a lot of big pass plays and high tempo. Tampa Bay has the better run defense and the better receivers overall to win a shootout.Pick: Buccaneers win 34-31 but fail to cover the spread.Miami Dolphins at Indianapolis Colts (-11 1/2)Sunday, 4:05 p.m. ET, CBSThe Colts lost a tough, close game against the Steelers, and the Dolphins blew a comfortable lead against the Steelers before getting their first win vs. the Jets in Week 9. Indianapolis will need to take it easy with Jacoby Brissett and his knee, so this could be more a lot more of Brian Hoyer in game where the Colts have superior talent everywhere else on the field, especially defensively.Pick: Colts win 23-10 and cover the spread.Los Angeles Rams (-4) at Pittsburgh SteelersSunday, 4:25 p.m. ET, FoxThe Rams are coming off a bye and letting Aaron Donald loose on his old college stomping grounds against a struggling offensive line. Jared Goff will face a tough Steelers pass rush, and it won’t be easy offensively without Brandin Cooks. But the Rams will use Donald and Jalen Ramsey to take care of business in a low-scoring game.Pick: Rams win 20-17 but fail to cover the spread.Carolina Panthers at Green Bay Packers (-5)Sunday, 4:25 p.m. ET, FoxThe Panthers will stay in his game with plenty of Christian McCaffrey, as the Packers can’t stop backs as runners or receivers. Carolina has good coverage, too, and Green Bay’s wideouts have struggled away from Davante Adams. In the end, though, Aaron Rodgers will save his team from another upset at Lambeau Field with clutch play in the fourth quarter.Pick: Packers win 31-27 but fail to cover the spread.Game of the Midweek: Los Angeles Chargers (-1 1/2) at Oakland RaidersThursday, 8:20 p.m. ET, Fox, NFL Network, Amazon Prime Video The goal with our Week 10 picks against the spread is to be better than we were last week. With multiple upsets and a rough week of missing some toss-up game picks, it’s time to shake it off and rebound with our next set of NFL game predictions.The good news is there are only 13 games on the schedule in Week 10. The optimist says that’s fewer games to get wrong and for us to be laser-focused with our selections of the week. One of these hot teams will use this game to continue a march back to AFC wild-card contention. The Raiders are home underdogs, but they have the best matchup in their favor with terrific rookie feature back Josh Jacobs against the Chargers’ reeling run defense. LA will answer with big plays in the passing game from Philip Rivers in its new, more dynamic offense, but Oakland will finish a few more drives to take its latest near-last home game.Pick: Raiders win 27-20 and cover the spread. Result: Raiders won 26-24 and covered the spread.Stats of the Week:Week 9 record straight up: 7-7Week 9 record against the spread: 5-8Season record straight up: 91-43Season record against the spread: 73-56Upsets of the Week: 5-4Locks of the Week: 4-5last_img read more

Milan Grain terminal groundbreaking held Friday that will revolutionize the way grain is transported

first_img Close Forgot password? Please put in your email: Send me my password! Close message Login This blog post All blog posts Subscribe to this blog post’s comments through… RSS Feed Subscribe via email Subscribe Subscribe to this blog’s comments through… RSS Feed Subscribe via email Subscribe Follow the discussion Comment (1) Logging you in… Close Login to IntenseDebate Or create an account Username or Email: Password: Forgot login? Cancel Login Close WordPress.com Username or Email: Password: Lost your password? Cancel Login Dashboard | Edit profile | Logout Logged in as Admin Options Disable comments for this page Save Settings Sort by: Date Rating Last Activity Loading comments… You are about to flag this comment as being inappropriate. Please explain why you are flagging this comment in the text box below and submit your report. The blog admin will be notified. Thank you for your input. 0 Vote up Vote down Curious · 210 weeks ago Where do you apply? Report Reply 0 replies · active 210 weeks ago Post a new comment Enter text right here! Comment as a Guest, or login: Login to IntenseDebate Login to WordPress.com Login to Twitter Go back Tweet this comment Connected as (Logout) Email (optional) Not displayed publicly. Name Email Website (optional) Displayed next to your comments. Not displayed publicly. If you have a website, link to it here. Posting anonymously. Tweet this comment Submit Comment Subscribe to None Replies All new comments Comments by IntenseDebate Enter text right here! Reply as a Guest, or login: Login to IntenseDebate Login to WordPress.com Login to Twitter Go back Tweet this comment Connected as (Logout) Email (optional) Not displayed publicly. Name Email Website (optional) Displayed next to your comments. Not displayed publicly. If you have a website, link to it here. Posting anonymously. Tweet this comment Cancel Submit Comment Subscribe to None Replies All new comments by Amber Schmitz, Sumner Newscow — The future of agriculture is about to change in Sumner County. By next summer, farmers, not just grain elevator operators, will be able to ship grain by rail.MKC and partner CHS plan to open a Producer Ag, LLC state of the art receiving and rail shipping grain terminal at U.S. 160 and Ryan Road in Milan next June. Construction began 10 days ago with dirt work to ready the site for building.“Things like this take lots of time, but the decision was not difficult,” said MKC President and CEO Dave Christiansen. “It’s critical when you take a look at rural America.”Groundbreaking ceremony was held in Wellington.MKC gave a public presentation and held a ground breaking ceremony at the Sumner County Extension Office/Raymond Frye Complex on Friday, May 27 with a good turn out. Due to the amount of rain received in the area recently, the ground breaking could not take place on the future site.“We understand the cause, and if it’s going to benefit farmers, we are going to do it,” Christiansen said. “We believe this project is going to do just that.”MKC is a cooperative based out of Moundridge, Kan., with a territory that covers over 19,500 square miles, stretching 200 miles north and 130 miles south. With 81 current facilities, they employ 349 people.Erik Lange, Vice President of Southern Operations, said that risk management is a core business unit unique to their company.“Risk management helps farmers take control of crop production risks,” Lange said. “We offer crop insurance and crop input financing.”The cooperative’s core business units include grain, egronomy, energy, feed and risk management.CHS is a global cooperative partner with MKC.“We chose them as a partner because they have an excellent relationship with the railroad and access to world markets, meaning grain can be shipped from Sumner County across the United States and overseas,” Lange said.When built, the facility will have a capacity to hold 100,000 bushels of grain. Separate bins will be able to hold 25,000 bushels of grain. There will be a total storage space for 4.5 million bushels of grain. The circle track surrounding the facility will hold 120 rail cars.Senior Location Manager Jeff Jones said the facility will be similar to one they built in Canton, Kans.“The need for growth brought to that facility was immediate,” Jones said.There will be an investment of $43,000,000 in costs to build the facility. Grain payroll will be a total of $720,000, with each of twelve full time employees making about $60,000 annually, with benefits.During the 14 month construction process, 280 people will be employed to build the facility. They are hoping to draw business from surrounding counties.Producer Ag, LLC will be a cooperative owned facility, creating value for farmers. Members will share earning through patronage. There will be a Section 199 deduction and members cooperative governance.“The shuttle train will provide new basis for the area,” Jones said. “There are lots of opportunities out there, and we are glad to bring them here.”The cooperative plans on a June 1, 2017 completion date.Follow us on Twitter.last_img read more

Commission’s cod and whiting proposals branded ‘unworkable’ says KFO

first_imgThe Killybegs Fishermen’s Organisation (KFO) has expressed its concern ahead of the annual meeting of the Council of Fisheries Ministers.It believes that an industry already in a state of heightened anxiety regarding Brexit could now face further serious challenges and potential hardship particularly with the Commission’s cod and whiting proposals in the Celtic Sea.The negotiations to set Total Allowable Catches (TACs) and quotas for 2020 take place in Brussels on Monday and Tuesday next (December 16th and 17th). Seán O’Donoghue, CEO of the KFO said: “Brexit will now become a reality with the resounding Tory victory in last Thursday’s UK election. Along with our European colleagues, we have worked night and day for the last three and a half years to mitigate against the seismic ramifications on our €21billion industry, of this defining moment in modern political history.“It is imperative that might and main are moved to protect the Irish seafood sector in the future trade negotiations which last year alone, was valued at €1.25billion employing more than 14,300 people predominantly in rural, coastal locations. Michel Barnier and Trade Commissioner Phil Hogan will play key roles with our Government to negotiate the retention of the close linkage between fisheries and the wider trade relationship in order to maintain existing access to fishing waters and existing resource allocations. This linkage absolutely critical.“However, we must also keep our eye on the ball in the short-term and the Commission’s remedial measures, published as part of its TACs and quotas proposals 2020 for cod and whiting in the Celtic Sea are ‘unworkable’. These would have dire impacts on a whole range of fisheries in the area with the early closure of these fisheries, should these measures be adopted in their present form. Fishermen cannot countenance these unworkable measures in the Celtic Sea that would lead to early closures of a vast array of sustainable fisheries in the area with the loss of jobs as well as putting the viability of the demersal fleet in jeopardy.“The Commission’s proposals also contain some significant reductions in a number of key Irish stock such as the 15% reduction in nephrops, 30% reduction in monkfish and 40% reduction in pollack. I question the justification for these reductions both on a scientific basis particularly for monkfish and pollack and also most importantly that the Commission’s proposals take no account of the socio-economic obligations enshrined in the CFP. The proposals only take account of the sustainability principles. If the socio-economic obligations had been taken into account, the proposed cuts in some of our key stocks would almost be eliminated or significantly reduced. I fully expect Minister Creed to take account of these missing factors from the Commission’s proposals during the Council next week.” There are some stocks not yet included in the Commission’s proposals such as mackerel and blue whiting. These have now been agreed at Coastal States level with mackerel up 41% and blue whiting up 2%.“In recent years, errors in the scientific advice has also led to me publicly expressing concern that ICES does not have a fit-for-purpose quality assurance system in place. In this regard, it is imperative that ICES expediates the putting in place a quality assurance system across its entire process to enable all stakeholders have confidence in its advice,” concluded Mr O’Donoghue.The KFO expects, as in previous years, after the usual battles that ‘The Hague Preferences’ – which see Ireland and the UK getting elevated quotas for a number of key species when reductions are proposed – will be delivered.The KFO will be meeting Minister Creed and his advisers in Brussels ahead of the talks beginning and subsequently, on a regular basis during the Fisheries Council negotiations.We will support his endeavours to deliver the best deal possible in terms of sustainable and economically-viable fishing opportunities for Ireland for 2020, added the spokesman. Commission’s cod and whiting proposals branded ‘unworkable’ says KFO was last modified: December 14th, 2019 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)last_img read more

Humboldt State football’s 2016 schedule features five home games, lots of travel

first_imgARCATA >> Rob Smith doesn’t hide his desire to continue the Humboldt State football program’s upward trajectory.He not only wants to see his team continue to be one of the best in its region, but also make more of a mark on the national stage.That means building a schedule that will allow the Jacks to potentially get more quality wins and more national attention. And that’s certainly going to be the case come the 2016 season, as Smith has announced an 11-game schedule that will see Humboldt …last_img read more

South Africa’s competitiveness consistent

first_imgBrand South Africa CEO Miller Matola said that the competitiveness report is an important factor in building a national brand. (l to r) Josephilda Nhlapo-Hlope; Johan van der Heever; Petrus de Kock, and Raymond Parsons made up the panel of experts.(Images: Ray Maota) MEDIA CONTACTS • Leo Makgamathe  Brand South Africa  +27 11 483 0122 RELATED ARTICLES • National development plan unveiled • SA improves global competitiveness • Investment incentives portal launched • SA best for regulation of exchanges • Brics development bank underway?Ray MaotaTo coincide with the recent release of the World Economic Forum’s (WEF) Global Competitiveness Report for 2012/2013, Brand South Africa hosted a panel of experts for a discussion regarding the implications for the country.South Africa’s strengths, weaknesses, competitive risks and opportunities within the Brics and Next11 international political economic environments were the topics at the Wits Club at the University of the Witwatersrand in Johannesburg on 28 September 2012.The panel discussion included Brand South Africa’s research manager Dr Petrus de Kock; Josephilda Nhlapo-Hlope, senior expert on nation-building at the National Planning Commission; Prof Raymond Parsons, special policy advisor for Business Unity South Africa; and, Dr Johan van der Heever, senior deputy chief economist and deputy head of research at the Reserve Bank of South Africa.Miller Matola, CEO of Brand South Africa, started the proceedings with some background on the work Brand South Africa does and how the WEF report is a factor in establishing a worldwide reputable brand for the country.Matola said: “We are the custodians of the country’s brand and the issue of reputation is important for South Africa’s competitiveness. The competitiveness report shows us how the country is doing as a brand.”South Africa’s competitiveness consistentThe latest WEF Global Competitiveness Report was released on 5 September 2012 and South Africa is ranked at number 52 out of 144 nations.It is also the highest-ranked African country and third-placed among the Brics economies. In this bloc China came in first at 36 and Brazil second at 48, while India and Russia came fourth and fifth at 59 and 67 respectively.In terms of Next11 countries, South Africa is only surpassed by Indonesia, Turkey and South Korea.De Kock said: “We view the report as a learning curve and not as a school report card that says pass or fail.“We can only sell the story of South Africa if we know what the world thinks about us.”South Africa’s ranking on the WEF report has been consistent, coming in at 54 in 2010, 50 in 2011 and 52 for this year.The Global Competitiveness Report uses 12 pillars, which are “building blocks to finding out the country’s competitiveness,” said de Kock.They are: institutions; infrastructure; macro-economic environment; health and primary education; higher education and training; goods market efficiency; labour market efficiency; and, technological readiness.De Kock said: “When we look at the pillars we can see where we are excelling and where we have to improve.We are doing relatively well when it comes to institutions as we were 47 in 2010 and this year we are 43, but health and primary education are challenges – in 2010 we ranked 124 but this year out of 144 countries we are ranked 132.”Expert panel discussionVan der Heever said that South Africa has degrees of freedom in macro-economic policies that are the envy of many countries, but we must use them wisely.“The issue of electricity is one point that must be tackled if we are going to be competitive,” he said.Parsons said that these types of surveys are important, because they act as “reality checks. This particular report is a wakeup call because if you look back six years we have deteriorated quite a bit.”He also said that the country was not exploiting its strengths to their full potential – “but there is no universal law. Countries have to adapt certain points to fit with what is happening in the world economy.”In terms of South Africa’s national development plan, which looks forward to 2030, Parsons said that competitiveness should play a major role in guiding South Africa in years to come.“We need to have a long term vision, just like China sowed its seeds 30 years ago and we too need to rally behind the Vision 2030,” said Parsons.Nhlapo-Hlope remarked on the low levels of trust levels in South Africa, explaining that this was because of inequality. This issue had to be addressed in all spheres so people can all work collectively for the good of the country.Another issue raised was that of South Africa’s regulatory environment which, according to Van der Heever, was not conducive for entrepreneurs to start businesses, especially small businesses.“Of course we need regulation but there is no reason for that regulation to not be business friendly. We need smart tape and not red tape,” he said.Van der Heever also said that there was an over-cautious nature in South Africa that limited innovation.Parsons wrapped up the discussion, saying that we need to take workable ideas and translate them into action, while also pushing Vision 2030.last_img read more

Write a Comment – Nominees for the February Geocacher of the Month

first_imgThe earned, never for sale, Geocacher of the Month geocoinIt’s a month to celebrate the quiet geocacher, the geocacher whose kindness reaches people one-by-one. They’re the reason bonds form across town and across political barriers – because they let us follow them along when we’re new to geocaching, or offer us that gentle nudge closer to finding the geocache.Each geocacher mentioned here is already a winner. They’ll receive a prize package from Geocaching HQ for their contributions to the global community.Now, this is your opportunity to  help decide who will take home the earned, never for sale, Geocacher of the Month geocoin (at left). Each featured Geocacher of the Month will receive the exclusive special edition Geocoin, a hat and a profile icon. They’ll also receive a certificate acknowledging their contributions, signed by two of the founders of Geocaching.com.MikeOtt – January Geocacher of the MonthIn January,  Mike Ott was named the Geocacher of the Month.A  geocacher who commented wrote, “He is not the reason I joined Geocaching but he is certainly one of the reasons I am still involved. He has taken a huge role in our state with organizing events and special caches. He has a unique way of finding the “right spot” for a cache. Always an educational experience in one way or another. Thanks. Mike for all you do for new cachers as well as veteran cachers!!.” bjmccacher Leslie aka Winstonsmom bjmccacher – Nominee for Geocacher of the MonthI would like to nominate Brady, aka bjmccacher, as the Geocacher of the Month.I first made Brady’s acquaintance in late 2013. I was driving from my home in Kansas to South Dakota, and stopped off along the way to find a few caches in Nebraska City, Neb. I found a few and DNF’d a few. Shortly after posting my DNFs, I received an email from bjmccacher. He very kindly inquired about my experience to both make sure the caches I had DNF’d were there, and also to provide a helpful nudge in the right direction. That was the first of many great experiences with Brady.Several weeks after our email encounter, I visited Lincoln, Neb. (Brady’s hometown) to attend a lunch geo-event and do some caching. He ended up spending several hours… showing me some wonderful examples of great geocaches. I was blown away. But I later learned that my experience was similar to what many others have had with Brady. Just last month, he again spent a few hours taking me around Lincoln!Since our first meeting, Brady has continued to be amazingly helpful and a great influence on my enjoyment of the hobby. He is kind and incredibly giving of his skills and knowledge. All in all, Brady Holmes is an example of the geocacher we should all aspire to be. To me, he’s a slam dunk as the Geocacher of the Month!Sincerely,Chris RonanRunning Jayhawks Wee WillyWee Willy – Nominee for Geocacher of the MonthWee Willy is a beloved geocacher, known all around north Texas for his love of hiking and finding places to hide geocaches, large and small but not nanos.  Although he is one of the most prolific cache-hiders in our area (current number of active geocaches 594), it is his heart for people that make him so special to geocachers.  Most who share a story about finding a Wee Willy cache describes a memorable geoadventure of a long walk in a park and the joy of discovering a cache large enough to put trackballs or fun swag.  Yes, we all grumble that Wee Willy takes us on trails that end up in some really uncomfortable place (itchy Cedar trees), but that doesn’t slow us down as we find his geocaches.  His reputation for responding quickly to a DNF or Needs Maintenance is legendary and sets a high standard for all to follow.  If every cache owner followed Wee Willy’s example, there would be no grumblers on Groundspeaks’ [Geocaching HQ’s] forums. Finally, we appreciate Willy’s endless attention to new geocachers, inviting all to come and meet local cachers at events and welcoming all to SWAG.  Wee Willy is the best of geocaching!! Comment below to tell us who you think should be the January Geocacher of the Month. We will be accepting comments through March 28.If your nominee wasn’t recognized here, please submit your nominations again next month. We’re always looking for the next Geocacher of the Month. To nominate a geocacher, send an email to [email protected] and include the following information:Your name, the name of your nominee, their usernameA picture of the nomineeDescription (200 or more words) explaining why he or she deserves to be the Geocacher of the MonthPlease inform your nominee that you have submitted them for the award. Nominations for the next Geocacher of the Month should be received by April 3. Once Geocaching HQ has received the nominations, we will choose the top candidates and post them on the blog. You will then get a chance to champion your favorite. Our goal is to involve the entire geocaching community in this process so that we might learn from each other.Share with your Friends:More Now it’s your turn to help us select the next Geocacher of the Month. Write a supportive comment at the bottom of this blog for the nominated geocacher that you feel should be awarded the title. A panel from Geocaching HQ will then use your comments to help guide the decision of which geocacher is awarded the Geocacher of the Month honor.Here are your nominees for the February 2014 Geocacher of the Month. Some testimonials have been edited for length.witch24Witch24 – Nominee for Geocacher of the MonthI have nominated witch24 because she is my geocaching inspiration. She has placed many caches in my area and have enjoyed finding many of them. On the few of the caches that i have needed help on, nothing has been to much for her. She has also gave me many new cache ideas and introduced me to this amazing game, i am now getting a geocaching membership this Christmas.Thank you for reading my nominee letter and I think that Witch24 is well worth of the prize.Yours Sincerly, Alex Age 13 SharePrint RelatedAnnouncing the December Geocacher of the MonthFebruary 4, 2014In “Community”Announcing the September Geocacher of the MonthOctober 23, 2013In “Community”Help Name the Next Geocacher of the MonthApril 18, 2014In “Community”last_img read more

Why you’re not going to want to miss our IoT Revolution Symposium

first_imgInternet of Things Makes it Easier to Steal You… Why IoT Apps are Eating Device Interfaces Tags:#conference#Internet of Things#IoT#Nokia#ReadWrite#San Francisco Follow the Puck Maya Raocenter_img Small Business Cybersecurity Threats and How to… We here at ReadWrite are thrilled to announce the first-ever IoT Revolution Symposium, a half-day event that is designed to give executives in the technology space a crash course in all things Internet of Things — what’s happening in the industry right now, where we think the industry will go, and how to take advantage of this ever-growing market.“I’m excited that we get a chance to put an event like this together for the industry,” says ReadWrite chairman Redg Snodgrass. “We need more events that drive real business conversations and outcomes. ReadWrite will make this the premier event for IoT buyers and sellers to learn what’s going on.”The Symposium will feature top dealmaker VCs Quinn Li, vice president of Qualcomm Ventures, and Tim Chang, partner at Mayfield Fund, giving their insights into current IoT investing trends and what they’re looking for in pitches and projects — including what your next moves as corporate executives should be.Angels like Larry Marcus of Walden Venture Capital and Steve Schlenker of DN Capital will demystify much of the mystery surrounding the group, offering perspective on what’s happening, what’s hot, and how they’ll win the small bets against the vast R&D capabilities of traditional power players.Jay Nath, chief innovation officer for the City of San Francisco, and Gary Tu, CEO of Changhong North America, along with top industry analysts, will teach you how to filter the market’s noise and debate what’s really going on in IoT, providing you with ways and ideas to take advantage of the burgeoning IoT market.Filling a gap in the marketThe market has needed an event like this, an opportunity for a real discussion around IoT.“We were one of the drivers around ReadWrite stepping out to do this type of event,” says Jason Collins, VP of IoT Marketing at Nokia. “With so much haze in the market, it’s nice to have a place we can go and have real dialogue around the business of IoT with real players.”The event will be followed by an industry-wide happy hour, giving you the opportunity to mix and mingle with some of the top minds in the IoT space.Check out the entire agenda here. We hope to see you in San Francisco! Related Posts last_img read more

Tilak case: woman alleges threat to life


Gilas team ‘not one-dimensional,’ says Reyes

Filed under: zmydunqd — Tags: , , , , — admin @ 9:58 pm November 30, 2019

first_imgRead Next Kiefer Ravena lived up to his hype and showed everyone a glimpse why he has long been coveted as one of the brightest young players in the country. Roger Pogoy emerged as a reliable three-and-D option for Reyes and earned his place in the starting five. And finally, Matthew Wright connected from distance and drilled three triples to finally put away the visitors on Monday.“You have to make sure you have a lot of weapons, but more importantly, you have to make sure that you can go to them at the right time. That’s just the way it is,” said Reyes.“We know that we have some players that we can go to inside the paint at the post. When we play the bigger teams, we have a big advantage in quickness. Obviously, that’s not going to be the same when we play the bigger teams like Japan, Korea, Chinese Taipei because they’re just as quick as us, so we have to find another advantage,” said Reyes.“That’s just basketball. The good thing is even if we’re not shooting well from three-points, we found a way to grind out a W. Hopefully, that’s a sign of the progress and evolution of this team.”With Gilas going on a three-month breather before facing Australia and Japan in February, Reyes said that the 2-0 record doesn’t really give the team much momentum.ADVERTISEMENT Photo from Fiba.comComing out of the first leg of the 2019 Fiba World Cup Asian qualifiers with a pair of wins, Gilas Pilipinas coach Chot Reyes is proud to see how versatile the team is with its current lineup.“We built this team so that we’re not one-dimensional,” Reyes said. “In the past, we live and die with the three, but that’s the reason why we have the players that we have.”ADVERTISEMENT MOST READ The Philippine team gutted out a 77-71 victory over Japan in Tokyo last Friday, and followed it up with a 90-83 squeaker over Chinese Taipei at home on Monday to go 2-0 in Group B.Through those victories came positive development from the players he picked as Reyes’ expectations were matched.FEATURED STORIESSPORTSWATCH: Drones light up sky in final leg of SEA Games torch runSPORTSSEA Games: Philippines picks up 1st win in men’s water poloSPORTSMalditas save PH from shutoutAs always, Jayson Castro was the anchor of the team, bailing the squad out whenever the Philippines need a bucket. But also sharing the spotlight were a handful of his peers.June Mar Fajardo finally came into his own against Chinese Taipei and dominated the paint against naturalized player Quincy Davis. Calvin Abueva also proved that his gung-ho game has a place in the international stage, providing the energy Gilas badly needed. Trending Articles PLAY LIST 00:50Trending Articles00:50Trending Articles00:50Trending Articles01:29Police teams find crossbows, bows in HK university01:35Panelo suggests discounted SEA Games tickets for students02:49Robredo: True leaders perform well despite having ‘uninspiring’ boss02:42PH underwater hockey team aims to make waves in SEA Games01:44Philippines marks anniversary of massacre with calls for justice01:19Fire erupts in Barangay Tatalon in Quezon City LATEST STORIES BI on alert for illegally deployed OFWs to Iraq Do not bring these items in SEA Games venues Asian shares slide on weak Japan data; US markets closed Don’t miss out on the latest news and information. Typhoon Kammuri accelerates, gains strength en route to PH View comments What it brings, though, is a chance to correct its miscues and prepare for the tall order of upsetting the reigning Fiba Asia champions on their home floor.“It arms us with a lot of knowledge about ourselves, on things to work on and to learn. We all know that Australia is a very, very tough team, so that’s gonna be a really, really tall order for us to play them, to compete with them at their home place. We’ll prepare as best we can against Australia, and we’ll go out, we’ll play our game and we’ll see what happens,” he said.But if there’s something Reyes saw from this Gilas team it’s that these players will no doubt lay it all on the line for flag and country.“The one thing I’ve learned about this team is never underestimate them and never count them out because they just keep on fighting and they just keep plugging away,” he said. Brace for potentially devastating typhoon approaching PH – NDRRMC Gilas backer on Blatche: ‘I don’t think he was an asset to the team’ Cayetano: 4 social media groups behind SEA Games ‘sabotage’ 8th Top Leaders Forum assessed the progress of public-private efforts in building climate and disaster resilient communities Kammuri turning to super typhoon less likely but possible — Pagasalast_img read more

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