Sunday 24 October 2010 10:45 pm UNION umbrella body the Trades Union Congress (TUC) at the weekend warned that it will stage the “biggest and boldest” demonstration in its history next March, in protest at the scale of government spending cuts.The TUC’s warning came after the government last week announced plans to cut half a million public sector jobs, raise the retirement age and slash welfare spending as part of £80bn of cuts, designed to address a budget deficit of 11 per cent of GDP.The TUC, which represents 6.5m workers, said the cuts would have a devastating impact and promised a campaign of political pressure to try to turn voters against the plans.“The union movement and the country face the sternest test in a generation,” TUC general secretary Brendan Barber will say in a speech to union groups in London. “Not only is the economy on its knees, not only is the law tilted against us, but we have a government in power that is making spending cuts of a speed, scale and savagery never before seen.”Unions have called for “coordinated” action and suggested looking to the example set by their counterparts in France, which has seen violent protests against austerity measures. by Taboolaby TaboolaSponsored LinksSponsored LinksPromoted LinksPromoted LinksYou May LikeMisterStoryWoman Files For Divorce After Seeing This Photo – Can You See Why?MisterStoryTotal PastThe Ingenious Reason There Are No Mosquitoes At Disney WorldTotal PastNoteabley25 Funny Notes Written By StrangersNoteableyMoneyPailShe Was A Star, Now She Works In ScottsdaleMoneyPailSerendipity TimesInside Coco Chanel’s Eerily Abandoned Mansion Frozen In TimeSerendipity TimesBrake For ItThe Most Worthless Cars Ever MadeBrake For ItBetterBe20 Stunning Female AthletesBetterBeMagellan TimesThis Is Why The Roy Rogers Museum Has Been Closed For GoodMagellan TimesElite HeraldExperts Discover Girl Born From Two Different SpeciesElite Herald Trades Union Congress warns of biggest protest Share More From Our Partners Russell Wilson, AOC among many voicing support for Naomi Osakacbsnews.comPuffer fish snaps a selfie with lucky divernypost.comNative American Tribe Gets Back Sacred Island Taken 160 Years Agogoodnewsnetwork.orgFlorida woman allegedly crashes children’s birthday party, rapes teennypost.comBrave 7-Year-old Boy Swims an Hour to Rescue His Dad and Little Sistergoodnewsnetwork.orgA ProPublica investigation has caused outrage in the U.S. this weekvaluewalk.comAstounding Fossil Discovery in California After Man Looks Closelygoodnewsnetwork.orgConnecticut man dies after crashing Harley into live bearnypost.comPolice Capture Elusive Tiger Poacher After 20 Years of Pursuing the Huntergoodnewsnetwork.orgSupermodel Anne Vyalitsyna claims income drop, pushes for child supportnypost.comBiden received funds from top Russia lobbyist before Nord Stream 2 giveawaynypost.comSidney Crosby, Alex Ovechkin are graying and frayingnypost.comKiller drone ‘hunted down a human target’ without being told tonypost.comMark Eaton, former NBA All-Star, dead at 64nypost.comWhy people are finding dryer sheets in their mailboxesnypost.comI blew off Adam Sandler 22 years ago — and it’s my biggest regretnypost.comFeds seized 18 devices from Rudy Giuliani and his employees in April raidnypost.comMatt Gaetz swindled by ‘malicious actors’ in $155K boat sale boondogglenypost.com Tags: NULL whatsapp KCS-content Show Comments ▼ whatsapp
AddThis Sharing ButtonsShare to LinkedInLinkedInShare to FacebookFacebookShare to TwitterTwitter This plan included requests to extend rates relief, avoid an increase in betting and gaming duties and ensure that the government adheres to its current timetable for easing restrictions if possible. It also called for devolved governments to make funding available to business sectors in need and for “measured” gambling regulation going forward. “The decision to extend the business rates relief will be welcomed by many of our member companies who have not been able to open properly for nearly a year now. Grants of up to £18,000 will be available for venues that are only allowed to open later, such as casinos. Email Address “We have already seen over 5,000 jobs lost and 375 businesses closed since the start of last year,” he said. “The extension of the furlough scheme and new grants for businesses are strongly welcomed by the tens of thousands of people who work in high street betting and land-based casinos. Finance Dugher added that the betting and gaming industries would work to help the UK economy recover from the effects of the pandemic. BGC welcomes leisure sector “lifeline” in 2021 UK budget BGC chief executive Michael Dugher said he was glad to see the Government provide support after a difficult 2020 where thousands lost their jobs. 3rd March 2021 | By Daniel O’Boyle Regions: UK & Ireland The “restart grants” are intended to provide more certainty to businesses that faced closures Subscribe to the iGaming newsletter “Our industry will continue to play it’s part in the national effort to combat Covid, supporting our local communities, and we look forward to contributing to the economic recovery.” “Without the continued support from the Chancellor, many of these businesses would have struggled to survive. Topics: Finance Bingo Land-based casino Retail sports betting Before the budget, the BGC presented a five-point recovery plan to the Chancellor. “These steps will help to support the 44,000 people who work in the retail betting shops and land-based casinos,” the BGC said. Chancellor of the Exchequer Rishi Sunak also announced an extension of the government’s job retention scheme for furloughed employees and an extension of business rates relief. Gambling industry body the Betting and Gaming Council has welcomed today’s budget from the UK Chancellor, which includes grants of up to £6,000 per premises for non-essential retail businesses including betting shops.
A video showing mini rugby players how to tackle and jackal LATEST RUGBY WORLD MAGAZINE SUBSCRIPTION DEALS The ‘jackal’ has become extremely common in modern rugby parlance. Players like David Pocock, of Australia, and Wales captain Sam Warburton are lauded the world over for their ability to steal the ball in a contact situation. Even if they don’t win the ball, they often win a penalty because the speed with which they latch onto the ball often leads to the tackled player holding on.The key to perfecting the jackal is the speed with which you get back to your feet – too slow and support players will have arrived to help their tackled team-mate and form a ruck. You need to bounce straight up after making the tackle so you can then go for the ball – and spreading your arms or even clapping your hands demonstrates to the referee that you have released the player before trying to steal possession.Watch the video below to see mini rugby players demonstrating this skill. In every issue of Rugby World magazine you will find step-by-step guides on how to perform various skills to help mini rugby players develop their overall game. Mini rugby coach Nigel Botherway also provides details of different training games minis can play, which are fun and help to improve skill levels.We have also produced videos showing mini players performing various skills so you can practise replicating what they do to learn the correct technique and improve your game.For the latest Rugby World subscription offers click here and find out all the ways you can download the digital issue here.
Experiments Investigating Fundraising and Charitable Contributors (Research in Experimental Economics) About Howard Lake Howard Lake is a digital fundraising entrepreneur. Publisher of UK Fundraising, the world’s first web resource for professional fundraisers, since 1994. Trainer and consultant in digital fundraising. Founder of Fundraising Camp and co-founder of GoodJobs.org.uk. Researching massive growth in giving. Howard Lake | 26 October 2007 | News 15 total views, 1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis
March 11 rally.Photo: Leslie AmsterdamMadison, Wis. — Hundreds of youth, students, workers and their allies marched on March 11 to demand justice for Tony Robinson and Dontre Hamilton, “$15 and a union” and adequate funding for public education. The day’s events were sponsored by the Coalition for Justice, the Young Gifted and Black Coalition and Wisconsin Jobs Now.The protests began with students walking out of multiple schools and converging on the Department of Corrections building to demand an end to the New Jim Crow and the prison-industrial complex.Carrying a massive “Black Lives Matter” banner, the multigenerational, multinational crowd then marched to Worthington Park for a rally. Members of all three sponsoring organizations and many others spoke out against low wages, police terror and austerity. Protesters came from Chicago as well as Milwaukee, Wausau, Racine and many other cities in Wisconsin.“We will not be who the media already says we are. We are sending a new message. We must move together in solidarity. Today we stand strong, and we stand together,” said Brandi Grayson, a leader of the Young, Gifted and Black Coalition.Andrea Irwin, mother of Tony Robinson, invited the public to funeral services for her son, a 19-year-old African-American man who was killed by police on March 6 in Madison. Visitation will be on March 14 from 2 p.m. to 3:30 p.m. and the service will be held at 4 p.m. at East High School, 2222 E. Washington Ave., Madison. “I want everyone to be there,” said Irwin.Jennifer Epps-Addison, executive director of Wisconsin Jobs Now, said that the event was just the beginning of a coordinated effort of protests around the state. She denounced the signing of right-to-work-for-less legislation by Wisconsin Gov. Scott Walker on March 9. “We need to be bold in our action all over Wisconsin,” she said. “It’s all about helping the people who need help the most.”After the mass rally, the crowd of hundreds marched to the governor’s mansion, where racist union-buster Walker currently resides. Another speakout took place featuring Nate Hamilton, the brother of Dontre Hamilton, and Maria Hamilton, Dontre Hamilton’s mother.Dontre Hamilton was murdered by police officer Christopher Manney on April 30, 2014, at Red Arrow Park in Milwaukee. Milwaukee County District Attorney John Chisholm declined to indict Manney in December. Manney was fired last fall, but he has an appeal hearing that begins March 19, and the Coalition For Justice is organizing to protest it.For updates, events and information: #justice4tony; facebook.com/justicefordontre; facebook.com/fergusontomadison; wibailoutpeople.org; facebook.com/wisconsinjobsnow.FacebookTwitterWhatsAppEmailPrintMoreShare thisFacebookTwitterWhatsAppEmailPrintMoreShare this
Pinterest Twitter By Federico Martinez – May 17, 2021 WhatsApp WhatsApp Facebook Previous articleCarry the Load West Coast Relay to stop in OdessaNext articleBoard to consider salary increases Federico Martinez Medical Center Hospital Pfizer COVID-19 vaccinations for youths 12 to 15 years old are now available at a handful of locations in Odessa, including Medical Center Hospital Urgent Care Clinics at JBS Parkway and on University Boulevard, MCH President and CEO Russell Tippin said.MCH began offering the vaccinations last week after the Texas Expert Vaccine Panel approved the measure.“We stocked up on the vaccine in anticipation of the approval and began providing the vaccine last week,” Tippin said. “The vaccinations are available on a walk-in basis, but youths must be accompanied by a parent or guardian.”There is no cost to get the Pfizer vaccine at MCH urgent care centers, Tippin said.According to the Texas Department of State Health Services website tinyurl.com/ephh6n7d, other Odessa locations that have reported having the Pfizer vaccine available include CVS Pharmacy, 3050 W. University Blvd., Odessa Regional Medical Center, the Ector County Health Department, Market Street Pharmacy and United Pharmacy. DSHS recommends contacting hospitals, clinics and pharmacies in advance to make sure they still have the Pfizer vaccine in stock and whether an appointment is required.The CDC reported that there were no COVID-related deaths reported in the State of Texas on Sunday, said Tippin, who called the news “a major accomplishment for Texas.” Facebook Local News Twitter Youth COVID vaccines available in Odessa Pinterest
News Updates23 Years Delay In Listing A Habeas Corpus Petition: Calcutta High Court Moots Proceedings For Misconduct Against Errant Officers Akshita Saxena4 Dec 2020 9:13 PMShare This – xWe cannot afford stacking of files without the same being listed in spite of judicial orders: Calcutta High CourtThe Calcutta High Court on Friday expressed strong displeasure over its Registry for failure to list a habeas corpus petition filed in the year 1997, for as many as 23 years, despite explicit directions to list the matter after three months. Taken aback by such negligence, a Bench of Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee suggested that in…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 Calcutta High Court on Friday expressed strong displeasure over its Registry for failure to list a habeas corpus petition filed in the year 1997, for as many as 23 years, despite explicit directions to list the matter after three months. Taken aback by such negligence, a Bench of Chief Justice Thottathil B. Radhakrishnan and Justice Arijit Banerjee suggested that in such cases, proceedings for misconduct should be initiated against errant officers. “We are in a judicial system. We cannot afford stacking of files without the same being listed in spite of judicial orders. When matters are not listed by the office of the High Court in spite of judicial orders, it may, at least in certain situations, be appropriate that the Courts should consider initiating action for misconduct against the officers concerned for having deflected the course of justice by disobeying judicial orders for posting a case,” it observed. The case pertained to alleged failure of a hospital to hand over a child to his mother. It was first listed on December 22, 1997, whereby a direction was made to the Director General of Police to register a FIR and launch an investigation. The Division Bench noted that even though different directions were issued by a Bench headed by the then Chief Justice with the further order to the Registry to list the matter after three months, “it is a matter of great misfortune that this matter is listed today after 23 years of hibernation of this file in the cupboard of the High Court.” It further expressed displeasure that such a situation occurred in a case seeking issuance of a writ of habeas corpus (thereby affecting personal liberty of an individual). Nevertheless, the case was disposed of with an observation that no further order is required to be passed except to close the matter. In an important decision concerning personal liberty, the Supreme Court had in Hussain & Anr. v. Union of India, directed that ordinarily, all Courts shall dispose of Bail applications within one week. It had also issued significant directions to tackle the pendency of cases in criminal courts. Thereafter, on several occasions, the Court has made observations against delay in adjudication. In an application seeking suspension of sentence (in a criminal appeal) pending in Orissa HC since 2011, the Top Court last year held that “Delay in disposing of applications for bail and suspension of sentence in pending criminal appeals would be a travesty of justice.” Also Read: Delay in adjudication by Family Courts is against human rights and the basic embodiment of dignity of an individual: SC Recently, the Madhya Pradesh High directed the State Government to pay compensation to a bail applicant, who had been languishing in jail for over a year, without any progress in trial which was completely attributable to the state Police. It observed that the Government cannot take the defence of sovereign immunity in cases of violation of Fundamental Rights of it citizens. Note: In that case however, the delay was on account of the Government. The case at hand is slightly different inasmuch as the delay occurred due to failure of the Registry to list the case. Case Title: Kanchan Tanti v. State of West Bengal & Ors. Click Here To Download Order Read OrderNext Story
Top Stories’Decriminalizing Adultery May Cause Instability In Armed Forces As Personnel Stay Away From Family’ : Centre Seeks Clarification Of Joseph Shine Judgment Mehal Jain13 Jan 2021 12:44 AMShare This – xThe Supreme Court on Wednesday issued notice on Centre’s application for clarification that its 2018 judgment decriminalising adultery under IPC should not apply to the Armed Forces where a personnel can be cashiered from service on grounds of “unbecoming conduct” for committing adultery with a colleague’s wife.Issuing notice, the bench headed by Justice Rohinton Nariman observed that…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 Supreme Court on Wednesday issued notice on Centre’s application for clarification that its 2018 judgment decriminalising adultery under IPC should not apply to the Armed Forces where a personnel can be cashiered from service on grounds of “unbecoming conduct” for committing adultery with a colleague’s wife.Issuing notice, the bench headed by Justice Rohinton Nariman observed that since clarification is sought of a constitution bench judgment, it is appropriate that the matter be placed before the CJI who may issue orders to post it before a five-judge bench.”Why is a clarification needed?”, asked Justice Nariman from AG K. K. Venugopal at the outset.”The judgment does not take into account the Armed Forces Act. In the Army Act, there is a provision (of ‘unbecoming conduct’) where the officer can be court martialed”, replied the AG.”The Armed Forces Act is on a different footing because the expression used is ‘unbecoming conduct’. Something which is not strictly adultery because the section (497, IPC) has been struck down will still be ‘unbecoming conduct’. The person would be liable under that”, noted Justice Nariman.”We will issue notice. But we can’t clarify as this was a constitution bench judgment. We will send it to 5 judges”, said the judge.Decriminalizing adultery may cause instability within armed forcesIn the application, the Centre said that decriminalizing adultery may cause ‘instability’ within armed forces as defence personnel are expected to stay separated from their families for long durations.”It is submitted that the aforesaid judgment passed by this Hon’ble Court may cause instability within the Applicants Services, as Defence Personnel are expected to function in peculiar conditions, during the course of which many a time they have to stay separated from their families for long durations, when they are posted on borders or other far-flung areas or in areas having inhospitable weather and terrain”,the plea said.”‘In view of the judgment, there will always be a concern in the minds of the army personnel who are operating far away from their families under challenging conditions far away from their families about the family indulging in untoward activity”, the application said.Restricted application of fundamental rights to defence personnelThe Centre pointed out that the application of fundamental rights to members of armed forces is restricted as per Article 33 of the Constitution.Sections 45 and 63 of the Army Act, Sections 45 & 65 of the Air Force Act and Sections 54 (2)and 74 of the Navy Act deal with “unbecoming conduct”. There is no offence specified as ‘Adultery” in the entire Army Act or the Rules made thereunder. The Defence Service Regulation touch upon the subject of ‘plural marriage’ but not upon the term ‘adultery’. In the pre-constitutional Military Manual, codified by the British, obviously also prior to the enactment of the present Army Act, 1950, there appears to be a reference to ‘stealing the affection of a brother officers’ wife’ in the Armed Forces.A five-judge bench, also comprising Justice Nariman, had struck down section 497 IPC in September, 2018 in the case Joseph Shine v Union of India.”Now here it appears that while deciding upon the constitutionality of Section 497 of IPC (Adultery), this Hon’ble Court apparently did not take into account or may not be apprised with the peculiar service conditions of the Defence Personnel as stated aforesaid and the fact that the framers of the Constitution had specifically authorized the Parliament for abrogation of their fundamental rights in terms of Article 33 of the Constitution”, reads the Centre’s plea.It is submitted that in cases of Adultery, even if there is a charge against the accused in either of the Sections for unbecoming conduct or violation of good order and military discipline, then in that case, an argument may be raised that the army are circumventing the law and what could not be done directly in view of aforesaid judgment dated 27.09.2018, is being done indirectly.Hence in view of the aforesaid, the application filed through AOR Sachin Sharma raises following two important question of law:(a) Whether the persons subject to Army Act by virtue of Article 33 of Constitution of India being a distinct class should continue to be subject to the rigors of Section 497 of the Indian Penal Code by making an exception in regard to application of ibid Section 497 of the IRC vis a vis persons subject to Army Act(b) Whether the promiscuous or adulterous acts by persons subject to Army Act should be allowed to be governed by the provisions of Army Act Section 45 or Army Act Section 63 and under corresponding provisions of Navy Act and Air Force Act being special legislation irrespective of the Hon’ble Supreme Court judgment in Joseph Shine’s case by treating it as an abrogation of Fundamental Rights provided by law in terms of Article 33 of the Constitution of India.Click here to read/download the applicationSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. 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ColumnsInsolvency Amendment- Pre- Pack For MSME’s Mohini Priya9 April 2021 1:20 AMShare This – xThe Central Government recently promulgated the IBC Amendment Ordinance 2021, allowing a pre-packaged insolvency process for micro, small and medium enterprises (MSMEs), in consonance with international best practices. The ordinance in essence has amended the the Insolvency and Bankruptcy Code 2016 allowing the Central Government to notify such pre-packaged process for defaults of not…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 Central Government recently promulgated the IBC Amendment Ordinance 2021, allowing a pre-packaged insolvency process for micro, small and medium enterprises (MSMEs), in consonance with international best practices. The ordinance in essence has amended the the Insolvency and Bankruptcy Code 2016 allowing the Central Government to notify such pre-packaged process for defaults of not more than Rs. 1 crore to be initiated by the corporate debtor. The Ordinance inter alia has inserted a new Chapter-IIIA in the IBC 2016 to provide for making an application for initiating pre-packaged insolvency resolution process in respect of a corporate debtor classified as a micro, small or medium enterprise (MSME) under sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006. This ordinace is a welcome step towards the resolution of insolvent MSMEs, in light of the impact that the pandemic has had on the businesses, financial markets and economies all over the world, including India, exposing many of these MSME’s to financial distress. The scheme also covers businesses incorporated as partnerships, in addition to companies. In the recent past, the Central Government has taken several measures to mitigate the distress caused by the pandemic including increasing the minimum amount of default for initiation of corporate insolvency resolution process to Rs. 1 Crore, and suspending filing of applications for initiation of corporate insolvency resolution process in respect of the defaults arising during the period of one year beginning from 25th March 2020 and ending on 24th March 2021. The IBC (amendment) Ordinance 2021 coming within two weeks of the lifting of a one-year suspension of insolvency proceedings against Covid-related defaults is a smart move amid heightened possibilities of a rise in bad loan cases. What is the pre-packaged Insolvency resolution plan (PPIRP)? Pre-packs are essentially a form of restructuring that allow creditors and debtors to work on an informal plan and then submit it for approval. MSME businesses are generally managed by promoters and it is difficult to revive them after the management is ousted under the normal CIRP. Under the new ordinance, participation of eligible existing promoters is encouraged, with the board continuing in control and the debtor proposing the base resolution plan, which will then be put to competitive bidding through Swiss challenge. Thus Pre-packs will help corporate debtors to enter into consensual restructuring with creditors and address entire liability side of the company. The pre-pack insolvency shall be initiated by the corporate debtor after obtaining an approval from its financial creditors representing not less than sixty-six per cent in value of the financial debt due to such creditors. PPIRP vis-a-vis CIRP The most significant feature of the Pre-pack scheme is that it allows the management of the affairs of the corporate debtor to continue to vest in the Board of Directors or the partners, as the case may be, of the corporate debtor, subject to conditions specified, unlike in the CIRP where the resolution professional gets to run the affairs with guidance from financial creditors. If creditors want to initiate bankruptcy proceedings against MSMEs, they can still do so but only through the CIRP. Further, Pre-pack resolution plans have to be submitted in only 90 days and the NCLT will have another 30 days to approve them. Thus, the pre-packaged insolvency resolution process shall be completed within a period of one hundred and twenty days from the pre-packaged insolvency commencement date. The IBC currently stipulates a maximum of 270 days for the completion of the entire CIRP. Given that MSMEs have limited wherewithal to go through a long and rigorous insolvency process, the reduction in the time-limit for resolution comes as a blessing for insolvent MSME’s. The scheme, where only the debtor will get to trigger the bankruptcy process, is expected to yield much faster resolution than the extant corporate insolvency resolution process (CIRP) and cut costs. It could also reduce litigation, often triggered by defaulting promoters to retain control of their firms, and help thousands of MSMEs struggling to cope with the havoc wrought by the Covid-19 pandemic. Also, since this process can be initiated only by the companies with consent of 66% of its unrelated financial creditors, there will be lesser possibilties of disputes, which will allow the process to run more efficiently than the normal CIRP. Procedural checks and balances: Protecting the rights of creditors The Pre-pack insolvency resolution plan athough based on a debtor-in possession approach vests significant consent rights to financial creditors in order to ensure that the mechanism is not misused by errant promoters. Such rights include the applicability of Section 29 A (which is a restrictive provision disqualifying those who had contributed in the downfall of the corporate debtor or were unsuitable to run the company from submitting a resolution plan/ participating in the bidding of the corporate debtor) and 2/3rd of the creditors’ consent for both initiation and approval of the base resolution plan. Operational creditors are protected by requiring market testing of the base resolution plan if it impairs the claims of operational creditors. In addition, the creditors’ committee can also convert the pre pack process to the usual CIRP by 66% majority at any time, or require the board to cease control through the intervention of the NCLT in case of fraud or mismanagement by the existing management Further, adopting plan evaluation process akin to Swiss Challenge, it retains competitive tension such that promoters propose plans with least impairment to rights and claims of creditors. The scheme is available to entities that have neither undergone bankruptcy proceedings in the preceding three years nor are facing liquidation orders. The scheme further disallows a business to avail of it if the major shareholder is an undischarged insolvent or wilful defaulter. Further, the committee of creditors have the power to require dilution of promoter shareholding/ control, in cases where resolution plans submitted by the corporate debtor provides for impairment of any claims owed by such corporate debtor, which would act as a deterrant to any unreasonable resolution plan. Further, the committee of creditors, at any time during the pre-packaged insolvency resolution process period, by a vote of not less than sixty-six per cent of the voting shares, may resolve to vest the management of the corporate debtor with the resolution professional which shall be decided by the Adjudicating Authority. In addition to these, by insertion of new Articles 67A and 77 A, the amendment provides strict penalties for fraudulent management of corporate debtor or providing false information or any material omission in the application or the list of claims. Thus, the amendment has been designed in a manner to provide a more friendly and ameliorative mechanism of resolution of stressed assets for MSME’s while ensuring that they don’t go scot-free in case of any manipulation therefore keeping a fair balance to protect the interests of creditors as well. Prospective and Overriding Effect of PPIRP Interestingly, the disposal of a pre-pack application has been given priority over the CIRP application for the same stressed MSME under Section 7, 9 and 10 of the IBC, subject to certain conditions. However, in case of already-pending CIRP applications, NCLT will need to dispose them of before considering the pre-pack application for relevant debtors. Thus, the provisions relating to pre- pack applications are prospective and overriding in that respect. This ordinance adopts a hybrid approach towards the resolution of insolvent MSMEs balancing the interests of creditors on the one hand and the need to preserve the autonomy/ agency of MSMEs on the other hand- to best serve the interests of both of them. The ordinance is thus a calibrated legislative effort at buffering the tumultuous impact on many MSMEs of various cataclysmic changes sweeping the globe in a post- Covid world. However, its full fledged implementation should be coupled with the government taking steps for bettering of NCLT infrastructure which is already overstretched. In summation, this ordinance is a welcome step at this juncture but it’s implementation in future will tell us if this ordinance meets it’s objectives, and if so, in what measure.Views are Personal The Author is a Lawyer at the Supreme Court of IndiaSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. 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Homepage BannerNews 74 new cases of Covid-19 have been reported in the North.That brings the total number to 6,299.One coronavirus related death has been confirmed in the in the past 24 hours in Northern Ireland.A total of 558 people have died as a result of the virus in the north of Ireland. By News Highland – August 14, 2020 Arranmore progress and potential flagged as population grows WhatsApp Harps come back to win in Waterford Pinterest Google+ Google+ Twitter 74 new Covid cases reported in North Facebook Previous article5 rescued after boat became tangled in lobster pots off MacamishNext articleDr McCauley says he understands logic behind school bus decision News Highland Important message for people attending LUH’s INR clinic News, Sport and Obituaries on Monday May 24th RELATED ARTICLESMORE FROM AUTHOR Twitter WhatsApp DL Debate – 24/05/21 Facebook Pinterest Loganair’s new Derry – Liverpool air service takes off from CODA