News Updates’Beneficiaries Of State Largesse’ : Karnataka High Court Holds Bangalore Turf Club, Mysore Race Club As Public Authorities Under RTI Act Mustafa Plumber16 Jan 2021 10:21 PMShare This – xThe Karnataka High Court has held that Bangalore Turf Club Limited, Mysore Race Club Limited, The Institution Of Engineer (India) Karnataka State and Ladies Club, are all ‘public authority’ as defined under the Right to Information Act, 2005. A single bench of Justice P.B. Bajanthri, while refusing to interfere with the order passed by the Karnataka Information Commission against…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 Karnataka High Court has held that Bangalore Turf Club Limited, Mysore Race Club Limited, The Institution Of Engineer (India) Karnataka State and Ladies Club, are all ‘public authority’ as defined under the Right to Information Act, 2005. A single bench of Justice P.B. Bajanthri, while refusing to interfere with the order passed by the Karnataka Information Commission against the companies said “In the present case, State Largesse has been extended to the petitioners under lease deeds. Therefore, they are holding lease lands on behalf of the people and are accountable to the people. If these material information is taken into consideration, one has to draw inference that petitioners do fall under the definition of ‘public authority’ under Act, 2005.” The companies had challenged the orders passed in the year 2013 and 2015 by the KIC on the petitions filed by DR. Kodur Venkatesh and Umapathi.S. Petitioners Argued: Senior Advocate S.S. Nagananda appearing for BTCL would not qualify as ‘public authority’ within the meaning of Section 2(h) of Act, 2005. State Government does not have any kind of say in the functioning of petitioner-company.” He relied on the Memorandum and Articles of Association of BTCL and pointed out that BTCL is registered under the Companies Act, 1956 (1 of 1956). In the Memorandum of Association of BTCL, clause 31 relates to the ‘Committee’; clause 32.a) stipulates that three Stewards and one Committee Member shall be nominated in each financial year by the Government of Karnataka. In view of these facts and circumstances, petitioner does not fit into the ingredients stated under Section 2(h) to identify BTCL as a ‘public authority’. While Counsel Kamalacharan S R appearing for MRCL submitted that as defined under Section 2(20) of the Companies Act, 2013, petitioner-MRCL is a “Company” and Section 2(27) relates to “Control” that is required to be taken into consideration for the purpose of determining whether petitioner/MRCL would fall under the definition of ‘public authority’ or not, since the State Government has no control over the MRCL. Consequently, the ingredients under Section 2(h) of Act, 2005 has not been addressed by the KIC, in its order dated 16.09.2013. State Information Commissioner opposed the petition: Opposing the petitions counsel G B Sharath Gowda appearing for the information commission pointed that there is no infirmity in the order of the KIC. He relied on the Apex Court decision in the case of D.A.V. COLLEGE TRUST AND MANAGEMENT SOCIETY AND OTHERS vs DIRECTOR OFPUBLIC INSTRUCTIONS AND OTHERS, to determine that petitioners – BTCL would fall under the definition of ‘public authority’. The court has in the case interpreted Section 2(h) – ‘public authority’ by taking into consideration that ‘body owned, controlled or substantially financed’; non-Government organization substantially financed, directly or indirectly by funds provided by the appropriate Government. Gowda said “In the present case, KIC in its order of 2015 has taken note of the fact that the Government gave concession to the BTCL while leasing the landed property at para.10. Petitioner was put into lease of the Government land at concessional rate and not with reference to market rate. In fact, Comptroller and Auditor General of India (hereinafter referred to as ‘CAG’ for short) had raised certain objections in giving concession to the petitioner/BTCL which was also taken note of by the KIC. The court said: Justice Bajantari examined the lease agreements of BTCL and MRCL and said “Perusal of the aforesaid information, it is evident that petitioners have availed concession of lease amount. If one takes note of the market value as on the date of various lease deeds, it is evident that a larger chunk of monetary gains has favoured the petitioners from the State Largesse.” It added “Each of the petitioners are beneficiaries of State Largesse at a concessional rate as is evident from the records and findings given by the KIC in its orders.” The court rejected the contention of the petitioners that there is no participation on behalf of the Government in respect of running the petitioners company/organization. To which the court referring to the Articles of Association of the company said “If there is no Government control, then what made the petitioners to appoint Stewards from the Government of Karnataka, is not forthcoming from the Memorandum and Articles of Association of the petitioners.” Relying on the judgment in the case of DAV, the court said “No-doubt each of the petitioners were not controlled by the Government of Karnataka in any manner. At the same time Section 2(h) of Act, 2005 are to be read independently from Section 2(h)(a) to (d)and (i) and (ii). If part of (d) and (i) and (ii) ingredients are taken into consideration, petitioners would fall under the definition of ‘public authority’, since, monetarily each of the petitioners were beneficiary as their lease deeds revealed that they have been given substantial financial aid/concession.” The court also noted that non-government organizations who benefited directly or indirectly by funds provided by the appropriate Government would fall under ”public authority” under Section 2(h) of Act, 2005. Since substantial financing can be both direct or indirect. To give an example, if a land in a city is given free of cost or on heavy discount to hospitals, educational institutions or such other body like a sports club, this in itself could be substantial financing. The court opined that the value of the land will have to be evaluated not only on the date of allotment but even on the date when the question arises as to whether the said body or NGO is substantially financed. It said “Information reveals that respective petitioners have been provided lease land at throw away price as is evident from the aforesaid amount in crores. BTCL – petitioner was given concession of Rs.524.70 crores and MRCL was given Rs.105.88 crores, instead of Rs.525.62 crores and Rs.105.96 crores. If the market value of the land is taken on a particular date, in that event huge indirect financial aid has been provided by the State to the petitioners.” It concluded by saying “In view of the above analysis of factual aspects of the matter and dictum of law, petitioners have not made out a case so as to interfere with the impugned KIC orders.” Case Details: Case Title: BANGALORE TURF CLUB LIMITED And STATE INFORMATION COMMISSIONER. Case No: WRIT PETITION NO.18449/2015 Date of Order: 13TH DAY OF JANUARY, 2021 Coram: JUSTICE P.B. BAJANTHRI Appearance: Senior Advocate S.S. NAGANANDA, a/w SRIRANGA S., JUST LAW, FOR PETITIONER. Advocate KAMALACHARAN S.R. & Advocate PRADEEP SAWKAR for petitioners. Advocate G.B. SHARATH GOWDA FOR R1 S. UMAPATHI party in person.Click Here To Download Order[Read Order]Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
RELATED ARTICLESMORE FROM AUTHOR Plans on when to reopen the country to be considered By News Highland – February 22, 2021 WhatsApp Arranmore progress and potential flagged as population grows Pinterest DL Debate – 24/05/21 FT Report: Derry City 2 St Pats 2 AudioHomepage BannerNews Facebook Twitter Google+ News, Sport and Obituaries on Monday May 24th Google+ The Cabinet sub-committee on Covid-19 will consider plans to reopen the country after the latest lockdown today.Schools are expected to return on a phased basis from March 1st, while Level 5 restrictions are expected to be extended beyond March 5th.679 new cases of Covid-19 have been detected here, while one more death was announced last night.26 new cases were reported in Donegal with the county’s incidence rate now at 150.8.The national 14-day incidence rate of the disease is 243, which is the lowest it’s been since December 21st.DCU Professor Anthony Staines says the discovery of the Brazilian variant here shows the need for mandatory quarantine hotels:Audio Playerhttps://www.highlandradio.com/wp-content/uploads/2021/02/staines7am.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume. Twitter Facebook Important message for people attending LUH’s INR clinic Previous articleGovernment urged to strengthen Post Office NetworkNext articleDisqualified driver caught at checkpoint in south Donegal News Highland WhatsApp Pinterest Loganair’s new Derry – Liverpool air service takes off from CODA
Harvard Medical School (HMS) and Ecole Polytechnique Fédérale de Lausanne (EPFL) in Switzerland have established a joint research and education program thanks to a contribution from the Bertarelli Foundation. The Bertarelli Program in Translational Neuroscience and Neuroengineering is a collaborative exchange aimed at improving quality of life for people with neurological disabilities.The agreement was presented today (Oct. 29) by Bertarelli Foundation Co-President Ernesto Bertarelli, Dean of Harvard Medical School Jeffrey S. Flier, and EPFL President Patrick Aebischer, in the presence of Didier Burkhalter, the head of Swiss Federal Department of Home Affairs and minister of health, science and culture.The initial $9 million donation also includes an endowment of the Bertarelli Professorship in Translational Medical Science. The inaugural incumbent will be William Chin, currently executive dean for research at Harvard Medical School. Chin will oversee the development of the new joint program, which creates a pathway from device design at EPFL to clinical testing at HMS and builds a bidirectional exchange for students and researchers from the two institutions.Flier applauded this new partnership: “Thanks to the Bertarelli family’s tremendous generosity and vision, we will be exploring an area of cutting-edge science that will lead to exciting discoveries, particularly in the field of neurotechnology, for both our institutions. I look forward to working with the Bertarelli Foundation and our Swiss partners in this new venture.”EPFL and HMS already collaborate on translational neurobiological research, notably on the visualization and simulation of the brain, headed by the EPFL Signal Processing Laboratory. In collaboration with Massachusetts General Hospital, Harvard and EPFL have recently published results in a joint paper in PNAS about the structure of the brain in children between 2 and 18 years of age.“This is a great scientific opportunity to translate our bioengineering advances in neuroprosthetics into clinical studies,” said Aebischer.Bertarelli, who is a Swiss entrepreneur and philanthropist and two-time winner of America’s Cup with his team Alinghi, has already funded significant research in translational neurosciences at EPFL’s Neuroprosthetics Center within the Institute of Bioengineering. There, research in cortical and spinal implants is envisioned, while noninvasive man-machine interfaces and neural coding devices to aid in movement and machine control are already under way. EPFL scientists also hope to explore optogenetics — the use of light as a biological switch for gene expression — to create second-generation implants for the hearing-impaired.To further future collaboration, a Bertarelli Grant program will be established in 2011 for research projects at the forefront of neuroscience and neuroengineering by students and scientists from the two faculties. Results from novel coursework and research will be shared at a joint symposium to be held annually in Boston and Lausanne, alternatively.“Since studying at Harvard, I have remained involved with the School and I also have close ties with EPFL,” said Bertarelli. “I thought it would be an interesting idea to bring both faculties together to join forces in common projects, where each entity could contribute with its own core competences, the neuroengineering developments for EPFL and the experience in medical application to patients for HMS. This project once again shows that Europe and America can collaborate to have a very competitive impact in the advancement of science,” he added.
PWRI, the pension fund for disabled workers in the Netherlands, and healthcare scheme PFZW have abandoned their plans to merge the schemes.The €7.5bn PWRI said in a statement that both parties had decided to end negotiations, which had been resumed in July.PWRI and the €179bn PFZW had been discussing a possible merger since last year but decided to suspend talks last spring, citing “decreasing funding and volatile financial markets”.PWRI’s annual report later suggested that previous negotiations had stalled because of differing views. During the resumed talks, much attention was paid to both schemes’ financial positions, according to PWRI.In the meantime, however, their financial positions have failed to improve, while coverage ratios have fallen.PWRI said the resumed negotiations had lead to the conclusion that a merger would “not provide sufficient benefits for the participants under current circumstances”.Its spokeswoman declined to elaborate on the exact reasons why the talks broke down, or how PWRI envisaged its future.The pension fund has been closed to new entrants since last year, following the introduction of new legislation aimed at shifting disabled workers from “sheltered” workshops into the general workforce.As a consequence, PWRI participants will be increasingly joining the pension plans of their new employers.Last year, the scheme still had more than 94,000 active participants working in sheltered workshops.The pension fund said it expected its contributions would have to rise following the gradual ageing and thinning of its population.Because it also foresees that it will need to reduce its investment risk, and that the potential for indexation will decrease, it concluded that it would require a “large, robust merger partner”.As of the end of August, funding at PWRI stood at 99.8%, while coverage at PFZW stood at 91.1%.
A Florida woman is going to jail for throwing a drink on GOP Representative Matt Gaetz in June of this year.Amanda Kondrat’yev, 35, was sentenced last Monday to 15 days in jail, 100 days of probation, and a $500 fine.The incident was captured in a now-viral video.In the video, Rep. Gaetz is seen leaving his “Won’t Back Down” town hall meeting in Pensacola before he is hit directly in the chest with what appeared to be a red slushy. Kondrat’yev, who was holding a sign which said, “Gaetz – wipe the blood from your hands, A+ rating – NRA, save our kids vote Gaetz out in 2020,” was detained at the scene.Kondrat’yev reportedly ran as a Democrat in 2016 for the seat that Gaetz won representing the state’s 1st Congressional District but withdrew from the race.Gaetz appeared at Kondrat’yev’s sentencing hearing, asking for jail time, according to her attorney.Kondrat’yev’s plead guilty to assault on a member of Congress in August.She is scheduled to begin her sentence on Dec 2.
Leonard credits Toronto’s strategy for one of the most impressive individual playoff performances in recent NBA history (30.5 points, 9.1 rebounds, 3.9 assists and a league-high 939 total playoff minutes). The Raptors took home the title, and teams took notice.”If we didn’t do that, I wouldn’t be here right now for sure.”Kawhi Leonard tells @Rachel__Nichols that the Raptors’ load management plan for him helped in the long run. pic.twitter.com/KtyxtjBJi7— ESPN (@espn) June 7, 2019MORE: When will Paul George make his Clippers debut?When Leonard became a Clipper this offseason, the team made it clear his health would be a top priority. And why not? If it worked for Toronto, why shouldn’t the Clippers follow the same path?But load management is a sensitive subject. When the Clippers announced Wednesday that Leonard would miss the front end of a back-to-back set, the debate once again took center stage.ESPN analyst Doris Burke got the fireworks started on the “Golic and Wingo” show ahead of the Clippers’ matchup with the Bucks. Los Angeles ruled Leonard out of the first game of the back-to-back, taking away the excitement of a Kawhi vs. Giannis Antetokounmpo showdown.”It is mind-boggling to me that Kawhi doesn’t want to play against the reigning MVP and he’d rather play against Portland [the next day],” Burke said. “I believe the league has a long-term problem. When it pinches them, I don’t know. But Kawhi not playing, to me, is ridiculous at this point. I don’t understand it. He is a great player. He is compelling to watch. If you’ve watched any of his games, he’s been absolutely brilliant in the fourth quarter and won them a ton of games. And the Clippers obviously have a responsibility to Kawhi and to winning and to long term.”But the league also, I believe, is and should be concerned that their best players are not playing on nights when they’re on national television. The NBA ratings took a hit last year. People tune in — we know this for a fact, guys — people tune in because they want to see the stars who are so compelling. There are few players who are this compelling at this stage in their careers.””Kawhi not playing, to me, is ridiculous at this point. … To me, the league has a problem.” @heydb addresses the impact of Kawhi and other stars missing nationally televised games. (via @GolicAndWingo) pic.twitter.com/r4uSAy684g— ESPN (@espn) November 6, 2019Burke’s point of view isn’t out of bounds. The NBA depends on big names to generate ratings. It’s a league that leans on star power more than any other sport, particularly during a regular season that is often deemed as irrelevant.But the media and basketball fans can’t have their cake and eat it, too.Players are judged on one thing and one thing only — championships. Charles Barkley is regularly mocked on TNT by Kenny Smith and Shaquille O’Neal because he retired without a title. James Harden is viewed as just another great statistical player incapable of carrying a team to a championship. Past or present, the rings conversation reigns supreme.For fans hoping to see a star in their city, the disappointment is understandable. NBA tickets aren’t cheap. Families pay an arm and a leg to watch players like Leonard just one time in a year. When organizations decide to rest their stars at the last second, it can be a major blow to paying fans.But what do they value more? An enjoyable regular season experience in November? Or witnessing the best of the best battle it out on the biggest stage and lifelong fandom finally paying off in May and June?What must be decided now is how the NBA views the new trend. And it seems that the league is just as conflicted as the rest of us.The NBA initially accepted the Clippers’ reasoning for why Leonard missed Wednesday’s game.NBA spokesman Mike Bass on Kawhi Leonard: “Kawhi Leonard is not a healthy player under the league’s resting policy, and, as such, is listed as managing a knee injury in the LA Clippers injury report. The league office, in consultation with the NBA’s director of sports medicine..”— Adrian Wojnarowski (@wojespn) November 6, 2019Bass continued: “…is comfortable with the team medical staff’s determination that Leonard is not sufficiently healthy to play in back-to-back games at this time.” https://t.co/UfoVeWC513— Adrian Wojnarowski (@wojespn) November 6, 2019MORE: Doc Rivers rants about new coach’s challenge ruleThen one innocent statement altered the league’s stance on the situation.”[Leonard] feels great,” Clippers coach Doc Rivers said. “But he feels great because of what we’ve been doing. We’re just going to continue to do it. There’s no concern here. But we want to make sure. I think Kawhi made a statement that he’s never felt better. It’s our job to make sure he stays that way. That’s important.”But he played a lot of minutes in the playoffs last year. So, it’s not a health thing really. It is in some ways. We want him to just keep feeling better and getting better.”So it’s not a health thing, but also, it is? Rivers’ comments forced the NBA to quickly change its tone with a $50,000 fine.Remember, NBA doctors evaluate the medical info provided by the Clippers. The league doesn’t take the team’s word that Clippers aren’t violating resting rules. Essentially, Rivers is trying to be supportive of Leonard in public — and it comes at cost of $50K for franchise. https://t.co/CmXSGXVIwh— Adrian Wojnarowski (@wojespn) November 8, 2019″For me, I’m on [Rivers’] side, you know what I mean?” Leonard said when asked about the league fining the organization. “I’m a Clipper. He’s my coach. That’s just disappointing. It feels like they want players to play if they’re not ready.”Load management is a confusing idea for all. On one side, the NBA wants to be seen as a league that supports its players and doesn’t wander into dangerous territory by publicly doubting the legitimacy of an injury. On the other, allowing stars to sit is terrible for the fan experience and the NBA’s TV partners.Regardless of how the league handles the issue moving forward, load management is here to stay. As long as it’s all about the “Larry O-B” trophy, the NBA’s elite will continue to sit during the regular season and prepare for the playoffs. Spurs coach Gregg Popovich may have kicked off the load management era, but Kawhi Leonard is the poster boy.In his first and only season in Toronto, Leonard played in just 60 of the Raptors’ 82 regular season games. From a fan perspective, it was hard to stomach. There’s no arguing with the results, though. “I got to do what makes me healthy and is going to help the team be successful, and that’s me being able to play basketball games for us,” Leonard said.The fans won’t like it. They won’t be waving “load management” flags at their favorite arenas. But they might just enjoy the end result.And isn’t that the only thing that matters?