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For income investors, 2020 will be a dividend drought

first_imgFor income investors, 2020 will be a dividend drought Malcolm Wheatley | Saturday, 11th July, 2020 “This Stock Could Be Like Buying Amazon in 1997” The trouble is that a number of these dividend stalwarts have abruptly fallen — or been pushed, in HSBC’s case — off their pedestals. In mid-February, investment firm Janus Henderson published its usual quarterly global dividend review.2020, judged the firm, looked set to deliver a fifth consecutive year of record dividends, with global payouts totalling of $1.48 trillion expected, some 3.9% higher than 2019.5G is here – and shares of this ‘sleeping giant’ could be a great way for you to potentially profit!According to one leading industry firm, the 5G boom could create a global industry worth US$12.3 TRILLION out of thin air…And if you click here we’ll show you something that could be key to unlocking 5G’s full potential…But that was then; this is now.Three months on, the more sober assessment of 2020 contained in the firm’s latest global dividend review is a great deal more downbeat. Its best case scenario sees a decline in global dividends of 15% this year to $1.21 trillion, a drop of $213bn. Its worst case scenario sees a decline of 35%, $933bn.In hindsight, it’s easy to be critical. For a review published in mid-February to contain not a single mention of the words ‘coronavirus’, ‘Covid-19’, or ‘pandemic’ seems in retrospect a little shortsighted.But hey, plenty of other people have also been wrong about Covid-19. Most of us, in fact, one way or another.Global perspectiveIf you’re not familiar with the quarterly Janus Henderson reviews, they’re worth checking out.Basically, they take a country-by-country, region-by-region bottom-up focus to dividend projection, looking at business conditions, trade, economic growth and other factors bearing on corporate earnings.So while they’re similar in many ways to the familiar re-branded Capita UK-only forecasts that are now published under the name of Link Asset Services, they’re a little more forward-looking.Usefully, they also contain the Janus Henderson Global Dividend Index. Standing at 196.3 at the end of March, this highlights that global dividends have almost doubled since 2009, when the index began.Different outcomesBut let’s go back for a moment to those best-case and worse-case scenarios — and in particular, to that worse-case scenario projecting a 35% decline in global dividend income in 2020.Obviously, it’s a figure that could be wrong: frankly, no one knows. But accepting it at face value for moment, it’s worth comparing with Link Asset Services’ own UK-specific forecast, which projects UK dividend income falling by more than half.Obviously, Link Asset Services’ figures could be wrong, too, but the contrast between the two estimates is difficult to ignore.Global equity income investors are going to see a worst-case fall in income of around 35%; UK equity income-investors are going to see a fall of 55% or so. That’s quite a gap.Footsie fallout A lot of UK equity income investors have portfolios heavily biased to the upper reaches of the FTSE 100. Image source: Getty Images Overall, last time I looked, some 45% of the FTSE 100 had cancelled, reduced, or delayed their dividend payments. Including two of the four above: Shell, slashing by two-thirds; and HSBC, cutting completely. But going forward, I expect many more investors to start taking an interest in overseas shares — dabbling in them first, perhaps, by taking a look at global investment trusts such as Aberdeen Asian Income, JP Morgan European Income, Henderson Far East Income, Schroder Oriental Income, and Murray International. Renowned stock-picker Mark Rogers and his analyst team at The Motley Fool UK have named 6 shares that they believe UK investors should consider buying NOW.So if you’re looking for more stock ideas to try and best position your portfolio today, then it might be a good day for you. Because we’re offering a full 33% off your first year of membership to our flagship share-tipping service, backed by our ‘no quibbles’ 30-day subscription fee refund guarantee. Thankfully, my own investments have been buffered by some judicious holdings of industrial REITs and a number of investment trusts. Even so, I’ve not been immune.Overseas earningsThere are good reasons for Janus Henderson to expect some other regions of the world to be less badly affected by the coronavirus crisis, from a dividend-paying perspective. Their sectoral and regional analysis, covering several pages, is persuasive. Time will tell if the firm’s reasoning was valid.What’s beyond argument, though, is that global income investors are going to be a lot more diversified than UK-only income investors. Home-country bias may be comfortable, but at a time like this one begins to see its drawbacks. I would like to receive emails from you about product information and offers from The Fool and its business partners. Each of these emails will provide a link to unsubscribe from future emails. More information about how The Fool collects, stores, and handles personal data is available in its Privacy Statement. Simply click below to discover how you can take advantage of this. That’s not surprising, of course, and apart from anything else reflects the prominent role of big dividend payers such as Royal Dutch Shell, HSBC, GlaxoSmithKline, and British American Tobacco. Malcolm owns shares in Royal Dutch Shell, HSBC, GlaxoSmithKline, Aberdeen Asian Income, JP Morgan European Income, Henderson Far East Income, Schroder Oriental Income, and Murray International. Going global isn’t without its risks, of course. Currency risk. Taxation risk. Political risk. Volatility risk. So plunging headlong into foreign shares isn’t for the faint-hearted. ‘You can be sure of Shell,’ was the saying, back when I was growing up. Not any more, you can’t. Our 6 ‘Best Buys Now’ Shares Enter Your Email Address I’m sure you’ll agree that’s quite the statement from Motley Fool Co-Founder Tom Gardner.But since our US analyst team first recommended shares in this unique tech stock back in 2016, the value has soared.What’s more, we firmly believe there’s still plenty of upside in its future. In fact, even throughout the current coronavirus crisis, its performance has been beating Wall St expectations.And right now, we’re giving you a chance to discover exactly what has got our analysts all fired up about this niche industry phenomenon, in our FREE special report, A Top US Share From The Motley Fool. Click here to claim your copy now — and we’ll tell you the name of this Top US Share… free of charge! See all posts by Malcolm Wheatleylast_img read more

Japanese Anglicans commit to becoming ‘symbols of peace’

first_img Press Release Service Rector and Chaplain Eugene, OR [Anglican Communion News Service] The House of Bishops of the Nippon Sei Ko Kai (NSKK – The Anglican Communion in Japan) has renewed commitments to put peace and reconciliation at the core of the church’s mission in a message concerning the 70th anniversary of the end of the Second World War in the Pacific.The anniversary was a time to renew efforts for peace because the wounds of the war had not healed even after 70 years, the message stated.The bishops affirmed as cornerstones in this reconciliation journey the NSKK’s Statement on War Responsibility of 1995, which pledged to walk with those persecuted during the war and those still suffering discrimination, and the 1996 General Synod’s decision to send an apology to the churches in the countries which Japan had invaded.The NSKK would continue to strengthen its relationships with Asian churches, especially the Anglican Church of Korea and the Episcopal Church in the Philippines, and support peace and reconciliation efforts in the entire East Asian region, the bishops said.“A peaceful reunion of North and South Korea and the establishment of a more peaceful Okinawa will continuously be important issues in the missionary work of Nippon Sei Ko Kai,” they noted.Domestic problems such as the increased push for remilitarization in Japan, ongoing radioactive contamination from the explosion of the Fukushima Daiichi Nuclear Power Plant, widening economic disparity, and an increase in hate speech called the church to renew “hearts and minds … by learning from the history and the Gospel of our Lord Jesus.”Although only a small group within Japanese society, all NSKK members could be “symbols of peace,” the bishops affirmed.They vowed to continue putting into practice the commitments of the Statement on War Responsibility and the 2012 mission consultation, “Life: Unlimited Dignity – Seeking a New Communal Way to Proclaim the Gospel”.“We will let [Jesus’] life shine in us, help break down dividing walls wherever we can, gather the separated into one, and walk as instruments of his peace.”The message from the NSKK House of Bishops is available on the NSKK website. Asia Rector Pittsburgh, PA Associate Rector Columbus, GA Rector Shreveport, LA Assistant/Associate Priest Scottsdale, AZ Episcopal Church releases new prayer book translations into Spanish and French, solicits feedback Episcopal Church Office of Public Affairs An Evening with Presiding Bishop Curry and Iconographer Kelly Latimore Episcopal Migration Ministries via Zoom June 23 @ 6 p.m. ET Rector Tampa, FL Rector Hopkinsville, KY Featured Jobs & Calls Canon for Family Ministry Jackson, MS Rector (FT or PT) Indian River, MI Japanese Anglicans commit to becoming ‘symbols of peace’ Family Ministry Coordinator Baton Rouge, LA Join the Episcopal Diocese of Texas in Celebrating the Pauli Murray Feast Online Worship Service June 27 Associate Rector for Family Ministries Anchorage, AK Rector Albany, NY Tags Rector Knoxville, TN Priest Associate or Director of Adult Ministries Greenville, SC Rector Belleville, IL Missioner for Disaster Resilience Sacramento, CA Remember Holy Land Christians on Jerusalem Sunday, June 20 American Friends of the Episcopal Diocese of Jerusalem Anglican Communion, Episcopal Charities of the Diocese of New York Hires Reverend Kevin W. VanHook, II as Executive Director Episcopal Charities of the Diocese of New York Ya no son extranjeros: Un diálogo acerca de inmigración Una conversación de Zoom June 22 @ 7 p.m. ET Director of Music Morristown, NJ Assistant/Associate Rector Morristown, NJ Associate Priest for Pastoral Care New York, NY Curate (Associate & Priest-in-Charge) Traverse City, MI Submit a Job Listing The Church Investment Group Commends the Taskforce on the Theology of Money on its report, The Theology of Money and Investing as Doing Theology Church Investment Group Rector Washington, DC Episcopal Migration Ministries’ Virtual Prayer Vigil for World Refugee Day Facebook Live Prayer Vigil June 20 @ 7 p.m. ET Rector Bath, NC Seminary of the Southwest announces appointment of two new full time faculty members Seminary of the Southwest Bishop Diocesan Springfield, IL Virtual Celebration of the Jerusalem Princess Basma Center Zoom Conversation June 19 @ 12 p.m. ET Rector Smithfield, NC Submit an Event Listing Youth Minister Lorton, VA Submit a Press Release TryTank Experimental Lab and York St. John University of England Launch Survey to Study the Impact of Covid-19 on the Episcopal Church TryTank Experimental Lab In-person Retreat: Thanksgiving Trinity Retreat Center (West Cornwall, CT) Nov. 24-28 Rector Collierville, TN Featured Events Priest-in-Charge Lebanon, OH Cathedral Dean Boise, ID This Summer’s Anti-Racism Training Online Course (Diocese of New Jersey) June 18-July 16 The Church Pension Fund Invests $20 Million in Impact Investment Fund Designed to Preserve Workforce Housing Communities Nationwide Church Pension Group AddThis Sharing ButtonsShare to PrintFriendlyPrintFriendlyShare to FacebookFacebookShare to TwitterTwitterShare to EmailEmailShare to MoreAddThis New Berrigan Book With Episcopal Roots Cascade Books Assistant/Associate Rector Washington, DC An Evening with Aliya Cycon Playing the Oud: Crossing continents and cultures with the most beautiful instrument you’ve never heard Lancaster, PA (and streaming online) July 3 Inaugural Diocesan Feast Day Celebrating Juneteenth San Francisco, CA (and livestream) June 19 @ 2 p.m. PT Advocacy Peace & Justice, Director of Administration & Finance Atlanta, GA Course Director Jerusalem, Israel Rector Martinsville, VA Rector/Priest in Charge (PT) Lisbon, ME By ACNS staffPosted May 28, 2015 Curate Diocese of Nebraska last_img read more

Virgin Money incentivises current account switchers with £50 charity donation

first_img  354 total views,  1 views today AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThis “Everyone wants something to feel good about right now, so we think we’ve created the perfect reward. By giving people £50 to donate to a charity of their choice, while also sending them a case of wine, we’re helping customers reward themselves and a cause close to their heart.” About Melanie May Melanie May is a journalist and copywriter specialising in writing both for and about the charity and marketing services sectors since 2001. She can be reached via www.thepurplepim.com. Virgin Money incentivises current account switchers with £50 charity donation Virgin Money has created a current account switching incentive that will enable switchers to its Current Account to make a £50 donation, funded by Virgin Money, to any one of the 13,000+ charities registered with Virgin Money Giving.Virgin Money expects the initiative to raise £500,000 for the sector, based on the anticipated volumes of eligible switchers and using historical data from recent switching activity.Jo Barnett, Executive Director of Virgin Money Giving, said:“2020 was an incredibly difficult year for charities. We know they need more help and at Virgin Money we want to do what we can to support our third sector and give our charities a much-needed boost. By bringing together Virgin Money and Virgin Money Giving, we’re helping new customers make a free donation to charity at what is a really difficult time for the sector. It couldn’t be easier and there are thousands of good causes on Virgin Money Giving to choose from.”While it is predicted that charities will have lost at least £10bn in income in the 12 months following the start of the pandemic, research conducted in January by Censuswide suggests that a significant proportion of people (34%) plan to support charities more over the next 12 months than they have during the last year, with less than one in ten (9%) planning to reduce their support, despite the pressures of the current economic environment.  Over half (51%) of those planning to support charities more said it is because there will be more people in need due to the pandemic, while 30% think they will be in a better financial position to help.Customers switching to a new Virgin Money Current Account can also receive a free luxury case of 12 bottles of wine from Virgin Wines worth £138. The donation and the wine offer is available to all new Virgin Money Current Account customers who apply online and complete a full switch using the Current Account Switching Service, including two direct debits set-up on the account, downloading and registering for the mobile app and who deposit at least £1,000 into a linked savings account within 31 days of the account opening.Fergus Murphy, Group Personal Director at Virgin Money, said: Advertisementcenter_img Tagged with: Finance Virgin Money Giving Melanie May | 16 February 2021 | News AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to LinkedInLinkedInShare to EmailEmailShare to WhatsAppWhatsAppShare to MessengerMessengerShare to MoreAddThislast_img read more

Abdallah Mukarim threatened

first_imgNews Abdallah Mukarim, the editor of SyonPress (www.syonpress.com), a news website based in the governorate of Hadramaout, received threats after posting an article about corrupt practices in the province. RSF_en Help by sharing this informationcenter_img Organisation April 17, 2011 – Updated on January 20, 2016 Abdallah Mukarim threatened last_img

Masks, social distancing and speed: Snowmobiles enjoy boom

first_img WhatsApp Masks, social distancing and speed: Snowmobiles enjoy boom Pinterest Facebook Twitter TAGS  Facebook A person on a snowmobile rides on a trail, Saturday, Jan. 23, 2021, in Rangeley, Maine. Americans’ desire to get outdoors during the pandemic despite the winter cold is creating a season unlike any in more than two decades for the snowmobiling industry. From Maine to Montana, it’s becoming difficult to find a new snowmobile for sale.center_img Pinterest By Digital AIM Web Support – February 1, 2021 Twitter WhatsApp Local NewsBusinessPeopleLifestyleUS News Previous articleUganda’s Bobi Wine goes to court to dispute president’s winNext articleFrom amore to l’amour: This Valentine’s Day, discover your language of love Digital AIM Web Supportlast_img read more

Gujarat Land Grabbing (Prohibition) Act, 2020- Slapdash Drafting, Reflects Lack Of Vision And Unconstitutional

first_imgColumnsGujarat Land Grabbing (Prohibition) Act, 2020- Slapdash Drafting, Reflects Lack Of Vision And Unconstitutional Asim Pandya, Senior Advocate11 Feb 2021 10:43 PMShare This – xThe Gujarat Land Grabbing (Prohibition) Act, 2020 (Hereafter, referred to as “the Act” for convenience) has been enacted by the Government of Gujarat by notifying the same in the Gujarat government Gazette/extraordinary volume LXI dated 09/10/2020 and the same has been brought into force from 29/08/2020. From the reading of the Act, it is clear that it is a special law providing civil…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 Gujarat Land Grabbing (Prohibition) Act, 2020 (Hereafter, referred to as “the Act” for convenience) has been enacted by the Government of Gujarat by notifying the same in the Gujarat government Gazette/extraordinary volume LXI dated 09/10/2020 and the same has been brought into force from 29/08/2020. From the reading of the Act, it is clear that it is a special law providing civil and criminal remedies and liabilities under one roof with regard to the act of land grabbing. It provides for the establishment of Special Courts for adjudicating the disputes pertaining to land grabbing either by way of criminal prosecution or a civil proceeding (Refer to Section 7). The Act provides for the constitution of a committee to be notified by the state government under the chairmanship of the District Collector which will primarily consider all applications or complaints pertaining to land grabbing. Under Section 9 of the Act, the special court is invested with jurisdiction to decide either suo-motu or any application made by any person or any officer authorized by District Collector to take cognizance and try every case arising out of the alleged act of land grabbing or with respect to the ownership and title to or lawful possession of the land grabbed. The Special Court has the power to refer the complaint or application to the committee for its finding. Section 15 of the Act gives an overriding effect to this special law over any other law for the time being in force or custom, usage or agreement or decree or order of the court or any other tribunal or authority. The Act contains several provisions which are controversial and which will have to pass the test of constitutional validity.The Act not only applies to any government or municipal land grabbed by any person but it also applies to a private land grabbed by any other person. In short, it would apply in respect of rival claims made by two private individuals against each other in respect of ownership, title or possession of the land where one of them may claim that the other has grabbed the land without any title or ownership or lawful reason for possessing the land. The most controversial provisions of the Act are Section 4 (2), Section 9, Section 11, Section 15 and Section 17. In order to appreciate the constitutionality of the aforesaid provisions at least the following definitions are required to be kept in mind:Section 2(c): “land” includes rights in or over land, benefits to arise out of land and buildings, structures and other things attached to the earth or permanently fastened to anything attached to the earth;Section 2(d): “land grabber” means a person who commits land grabbing and includes any person who gives financial aid to any person for taking illegal possession of lands or for construction of unauthorized structures thereon, or who collects or attempts to collect from any occupiers of such lands rent, compensation and other charges by criminal intimidation, or who abets the doing of any of the above-mentioned acts, and also includes the successors-in-interest;Section 2(e): “land grabbing” means every activity of land grabber to occupy or attempt to occupy with or without the use of force, threat, intimidation and deceit, any land (whether belonging to the Government, a Public Sector Undertaking, a local authority, a religious or charitable institution or any other private person) over which he or they have no ownership, title or physical possession, without any lawful entitlement and with a view to illegally taking possession of such land or creating illegal tenancies or lease or license, agreements or transfer or sale or by constructing unauthorized structures thereon for sale or hire or use or occupation of such unauthorized structures and the term “grabbed land” shall be construed accordingly;The above-referred definitions of the term “land grabber” and “land grabbing” are vague and casts their net so wide to cover the persons who are in settled possession of the land since long. Moreover, the term ‘land grabber’ has been defined with reference to the term ‘land grabbing’ which again refers to ‘land grabbers’ in a circuitous way so as to make it difficult to understand its true meaning and scope. The term ‘land grabber’ covers within its definition a successor in interest also who may or may not be aware of the defect or infirmity in the title of the land or with regard to the possession thereof. Section 3 of the Act is in the nature of a declaration that the land grabbing in any form is prohibited, made unlawful and it is an offence punishable under the Act. Meaning thereby it will have to be applied prospectively from the date when the Act was brought into force and therefore naturally it cannot be applied to any act of encroachment, land grabbing or to persons in settled possession without lawful title over the land prior to the enforcement of the Act. However, surprisingly section 4(2) declares that any person who owns or after the commencement of this act continues is to be in occupation otherwise than as a lawful tenant, of a grabbed land shall be guilty of an offence under this Act. The land grabber upon conviction is liable to be punished with imprisonment for a term which shall not be less than ten years but may be extended to fourteen years and with fine which may be extended to the Jantri Value of such properties.Section 4 (2) covers within its sweep a person who continues is to be in the occupation or who retains his possession of the land which might have commenced long back prior to the enactment of the Act and make them liable for the commission of an offence. The natural corollary of the above said provision is that a person who is in settled possession but having no document of title or ownership will have to voluntarily surrender his possession of the land to the lawful owner of the land immediately failing which he can be prosecuted and punished for an act which was innocent prior to the enactment of the Act. Section 9 also provides for taking an action by the Special Court in respect of the land grabbed whether before or after the commencement of the Act. Thus, the Act has retrospective applicability and it makes the past innocent act as an offence by post facto law which violates the fundamental rights guaranteed under Article 20 of the Constitution of India. Article 20 clearly prohibits retrospective effect to be given to a criminal law creating an offence.• The provisions of the Act more particularly Sections 4, 9, 11 and 15 infringe the fundamental rights of a person concerned under Articles 14, 19 and 21 of the Constitution of India.
• The provisions of the Act are repugnant to and in conflict with the provisions of Section 27 read with Articles 65,111 and 112 of the Schedule to the Limitation Act, 1963. Section 27 read with Article 65 of the Limitation Act extinguishes the right of a lawful owner in respect of land or immovable property if within the time stipulated therein the owner fails to assert his right to have possession.
• Further, by the aforesaid provisions of the Act is contrary to the well-entrenched jurisprudential concept of a person in settled possession having the right to protect his possession and insist for his dispossession only in accordance with the due process of law. • The provisions of the Act are also in conflict with the provisions of Public Premises (Eviction of Unauthorized Occupants) Act, 1971- Central Law and Public Premises (Eviction of Unauthorized Occupants) Act, 1972- State law and other similar laws that provide for a summary procedure of eviction of an unauthorized occupant with a detailed procedure of issuance of notice for eviction, its adjudication by the competent officer and providing an appeal against the order of the competent authority. No such just fair and reasonable procedure is contemplated under the Act and hence it would violate the fundamental rights of the person concerned under Article 21 of the Constitution of India.• Because of the provisions of the Act all street vendors occupying municipal lands and all hutment dwellers occupying government or even a private-lands since long become offenders by a stroke of a pen by which the impugned provisions of Act are made. By such outrageous provisions, all such persons are rendered liable for a very stringent criminal liability of punishment of imprisonment for not less than 10 years extending up to 14 years. This kind of legislation clearly invades the right to life a fundamental and basic human right of the poor masses of the State of Gujarat without any lawful justification. The Act is a retrogressive piece of legislation contrary to the constitutional morality enshrined in the Preamble and the Directive Principles of the State Policy of the Constitution of India. • The provision of the Act is manifestly arbitrary since the State legislature has failed to appreciate that there are sufficient legal provisions available under the Gujarat Land Revenue Code, Municipal Corporation Act, Municipality and Panchayat Acts and Public Premises Eviction Act for the removal or eviction of an unauthorized occupant of the government lands. Further, in respect of a person who is in settled possession of private land, there is no lawful justification or reason to create the act of occupying the private land as an offence and provide a summary procedure of adjudication by the Special Court. Land or property disputes between two private individuals have many legal contours viz. a person in occupation of land or property after the expiry of the lease or a license containing a renewal clause, usufructuary mortgagee retaining possession of land for sufficient reason, a person in occupation and possession of the land based on an inchoate document of title or having an agreement for sale registered or unregistered and possessing the land in pursuance of the part performance of an agreement so on so forth. Thus, it is highly irrational, illegal and unconstitutional to create a criminal liability on such a person with corresponding summary adjudication of civil rights of such private individuals. • The Land Revenue Code and the provisions of the municipal laws in many cases confer discretion to the authorities under to regularize unauthorized occupancies of a government or municipal land subject to certain conditions or as per the policy of the government. The Act has divested all such competent authorities under the revenue and municipal laws of their discretion to regularize unauthorized occupancy in accordance with the policy of the State. • The Act has failed to take note of the ground reality at village and taluka levels wherein the notified village sites (Gamtal land) the residents might have settled and constructed their houses more than hundred years ago without a lawful title or a document of ownership. If one examines these ground realities in the rural area, on the village sites more than 60 of the residents may not be having any document of title or ownership and their claim over the properties are simply based on their ancestors having settled and constructed the houses. When a city survey is introduced in respect of village sites under the Land Revenue Codes, there is a procedure for recognizing their possessory rights and to exalt the possessory rights into the full-fledged the ownership rights. By virtue of the Act, any occupation or possession of a government or municipal land per se is an offence and there is no provision under the Act which provides for exemption from the provision of the Act or provides an exception for such situations. • The Act has failed to notice the distinctions between an encroachment of a recent time and occupation of a government, municipal or private land since long. • The provision of the Act has been giving an overriding effect under Section 15 over all other laws for the time being in force, or custom or usage or agreement or decree or order of a court or any other tribunal or authority. This provision fails to pass the test of constitutionality since something which had already agreed to by the parties or any legal right created by virtue a decree of the court or tribunal or authority is sought to be nullified. So irrespective of any order of authority regularizing the occupancies of government land lawfully made in the past or decree of declaring a person as owner by adverse passion, the provision of the Act will apply and the person who was not a lawful owner will incur civil and criminal liabilities under the Act. • The provision of Section 11 apparently creates a reverse burden of proof in respect of private land also. But if the aforesaid provision is closely read it does not change the onus of proof which reflects poor drafting. • A transaction relating to an alienation of land grabbed even though such alienation might have taken place much before the commencement of the Act, it has been made null and void. Section 17 has also retrospective operation, therefore, cannot be held to be legal or constitutional.• The provision relating to a minimum of ten years imprisonment upon conviction and recovering price at Jantri rate is highly disproportionate and violates the doctrine of proportionality which is now fully established as part of our constitutional jurisprudence. Besides the aforementioned legal and constitutional issues, the implementation of the Act has many serious practical difficulties. It is interesting to note that despite all flaws mentioned above the state Government has started enforcing Act and prosecuting people without creating the corresponding infrastructure of Special Courts. The Act would require the establishment of special courts in every district. Secondly, the Collector of every district who is already overburdened with the revenue administration, having extensive jurisdiction under the provision of Code of Criminal Procedure, functioning in the capacity of the District Magistrate under the preventive detention laws, carrying out election duties and many other functions under other laws will be flooded with all such litigations pertaining to even private individuals which would create havoc in the functioning of the Collectorates. Considering the nature of the provisions of the Act the Collector will not be in a position to carry out other functions except examining all types of grievances pertaining to private land-property disputes and disputes between government and private individuals. Therefore, the provisions of the Act are not even in the interest of general revenue, civil and criminal administration. The Rules framed under the Act are also ultra vires and unconstitutional as the Rules do not specifically provide for giving an opportunity to the person affected by the inquiry to be conducted under Act by the inquiry committee. Rule 5 (10) provides for submission of the final report by Police within 30 days of the registration of the FIR which is absolutely unreasonable as the property and land disputes involve many complex legal and factual issues for which the police authority is inept to conduct the investigation. Even if they are held to have the competence to understand such complex issues, the period of 30 days for investigation is absolutely insufficient and not in tune with section 167 of Criminal Procedure Code which provides for 60 or days 90 days for submitting final report after the registration of the FIR and arrest. The provisions aforesaid are therefore unconstitutional and liable to be struck down. A careful examination of the provisions of the Act reflects that it is indeed slapdash legislation enacted without proper vision. Views are personal.(Author is a Senior Advocate at the Gujarat High Court)Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

Living on the frontline

first_img Previous Article Next Article What is it really like at the junior end of HR? Paul Nelson spent a day withtwo young women starting their careers in the public sectorTo an outside observer, the role of assistant personnel officer at WokinghamDistrict Council could be likened to that of a call centre operator. Fiona Spain and Sinead O’Flynn – by their own admission – spend most oftheir time sitting at their desks answering managers’ questions via e-mail andphone. It appears mundane, but is an important operational role that must behandled by someone. “Most of our job involves answering the phone and giving policy adviceto managers and informing staff of their rights,” says Spain. “We arethe first point of call for everybody. Our telephone numbers are the maincontact point and we take all queries on payroll and policy advice.” Despite still studying for her CIPD qualification, Spain has had a variedfive-year HR career that includes recruiting Oxford and Cambridge Universitygraduates for Andersen Consulting (now Accenture) and being involved in runningan e-learning centre for communications firm Energis. It is a background manyjunior HR professionals would envy. But the 27-year old’s lack of generalist HR experience leaves her frustratedin her desk-bound role. She says: “I do not have the years and years ofexperience necessary to give people instant answers to queries. I have notdealt with 10 disciplinary cases to refer back to. In fact, frequently, it isthe first time I have dealt with a particular query so I have to put the phonedown, check the facts and call people back. I look forward to the day thecorrect answers roll off my tongue.” Other aspects of Spain and O’Flynn’s role include collating quarterlystatistical data and providing managers with sickness absence reports. Theybelieve that the Information Commission’s Records Management Data Protectioncode of practice – which forces HR departments to separate sickness and absencerecords – will be an ‘absolute nightmare’ for them and stop the councileffectively managing absence. Project work is the aspect of the job they enjoy the most, as it is a breakfrom the tedium of being on the end of a phone. It gives them their only forayinto the strategic aspect of HR. O’Flynn is writing a report into the council’s social services and housingdepartment’s recruitment processes, because the number of black and ethnicminority staff are far fewer than those that apply. She will recommend to herpersonnel manager that the council updates its recruitment literature by translatingit into other languages, and introduces written and spoken English classes.O’Flynn will also advise the council to radically overhaul how it advertises inthe ethnic press. “There are local ethnic newspapers and magazines which we do notadvertise in, as the council thinks that if a professional is job hunting, theywill look at business press or a national newspaper,” she says. “By doing it this way, we may be putting off ethnic minorities fromapplying for jobs. It might be good to raise awareness of the council as anemployer among this community.” Another project O’Flynn works on is ensuring staffing agencies’ recruitmentprocedures are as rigorous as the council’s are. Later this year, she will beinvolved in harmonising employee terms and conditions. Also, Spain is lookingto host seminars for managers about the council’s flexible working andmaternity policies. How the two women joined the HR profession could not be more different.Spain started a career in HR because she wanted to help people, which shebelieves she does, “but not in the rose tinted way that the naive19-year-old thought”. O’Flynn, by comparison, stumbled into HR by accident. After graduating fromMiddlesex University in 1995 with a degree in English Literature, she took anadministrative job in the personnel department at Berkshire County Council.”I went for a job that just happened to be in HR,” she says. The 28-year-old then earned promotion to personnel assistant, preparingcontracts for and checking teacher’s records. She moved to Wokingham via a planning and legal role in the HR team at theRoyal Borough of Windsor and Maidenhead Council. From a HR point of view, Wokingham is a fairly innovative local authority.It has been shortlisted in the communication strategy at this year’s PersonnelToday Awards, but neither Spain nor O’Flynn could answer questions about thecouncil’s HR strategy. Despite this, the personnel assistants are angry that HR is not viewed as abusiness partner by the council’s staff. Spain says: “The bad aspect of HR is that we are viewed as a policingfunction. For example, we have to chase up line managers because they have notgot back to us on specifics.” They are so fed up with being blamed by staff when managers fail to informthem about employment changes, that they have introduced an e-mail reader replysystem – so managers are unable to claim ignorance. “Staff do not really understand what we do in HR. We are viewed assitting twiddling our thumbs, waiting for an issue to come to us. The councilhad a recruitment freeze earlier this year and the general view was ‘you mustbe bored now’,” continues Spain. Their future plans for a career in HR highlight a lack of confidence in theprofession – with neither seeing themselves representing HR in the boardroom. Despite her career in HR being popular with her friends and family, O’Flynn,who has toyed with the idea of studying for a MA in Business Ethics, is unsureif she intends to remain. Instead she dreams of a job as a creative writer. “My boyfriend manages staff, so he gives me case scenarios from hiswork. My sister is an employment lawyer so understands HR is a demanding job.My parents have some friends who are in HR and have done well, so they see itas a good career move,” she says. “I do not know about being a HR director though. I would like a moresenior job, but maybe in a different environment. I am not sure if I would wantto carry on in this particular field,” she adds. Spain likes her job and sees her future firmly in HR – but not at boardroomlevel. “I would not want the responsibility of being a HR director – Idon’t think I would be able to get the work-life balance right,” saysSpain. “I want to progress up the ladder to personnel officer and manager,but not just for the sake of it. I enjoyed my involvement with e-learning andthink training would be very rewarding.” Career factfileSinead O’Flynn1996 – Berkshire Council1998 – Windsor and Maidenhead Council2000 – Wokingham CouncilFiona Spain1998 – Andersen consulting1999 – Energis2001 – Vale Williams (chartered surveyors)2002 – Wokingham District Council Council fact file– Wokingham became a unitary authority in 1998 when BerkshireCounty Council split into six district councils– The 22-person HR team at the council is responsible for 4,500staff– It covers more than 150,000 residents in an area stretchingfrom Henley in Oxfordshire to Basingstoke in Hampshire and Reading to Bracknell Living on the frontlineOn 22 Oct 2002 in Personnel Today – Jacqueline Wiltshire, head of personnel – who reportsdirectly to the council’s chief executive, is responsible for the HR andtraining team– Two personnel managers and three personnel officers supporther. Two personnel assistants help Spain and O’Flynncenter_img Comments are closed. Related posts:No related photos.last_img read more

Residential transactions fall 4.4% – HMRC

first_imgThe number of residential property transactions fell in July, the latest figures from HM Revenue and Customs (HMRC) has revealed, with 100,720 transactions recorded last month, up 0.2 per cent compared to the corresponding month in 2014.But HMRC’s seasonally adjusted estimate shows that the number of home transactions actually fell by 4.4 per cent between June and July. There were also 10.100 non-residential transactions, down from 10,460 from the previous month.The volume of non-adjusted residential transactions was 2.4 per cent higher than in June and 8 per cent higher than in July last year.The number of seasonally adjusted transactions has steady increased over the past seven years, according to the HMRC report, with the volume of seasonally adjusted transactions remaining broadly stable at around 100,000 per month.The latest figures reflect a “shift-change of late”, with property sales over the past couple of months “stepping up to the mark of last summer”, Peter Rollings (left), CEO of Marsh & Parsons noted.He said, “In July, sales may have slipped back slightly month-on-month, but we need to remember that the market was working overtime in June to regain lost ground lost before the election.”Doug Crawford (right), Chief Executive Officer of conveyancing firm myhomemove, agrees that the General Election has had a major impact on the housing market in recent months, and that the outcome of the poll had assured buyers and sellers that the housing market was likely to remain stable, “leading to a spike in the number of property transactions in June”.He continued, “The HMRC figures show that the number of transactions has barely changed over the last year and this begs the question about why a year’s steady improvement in the economy hasn’t led to an increase in home purchases, particularly when mortgage availability and rates have been so favourable.”“The main impediment has been a serious shortage in supply. There is a lot of appetite from buyers but not enough homes for sale to meet demand. This mismatch is stoking price rises. In some areas we have even seen instances of gazumping, as sellers look to make the most of competition between buyers by accepting higher offers,”Crawfordadded.residential property transactions residential transactions residential transactions fall August 27, 2015The NegotiatorWhat’s your opinion? Cancel replyYou must be logged in to post a comment.Please note: This is a site for professional discussion. Comments will carry your full name and company.This site uses Akismet to reduce spam. Learn how your comment data is processed.Related articles 40% of tenants planning a move now that Covid has eased says Nationwide3rd May 2021 Letting agent fined £11,500 over unlicenced rent-to-rent HMO3rd May 2021 BREAKING: Evictions paperwork must now include ‘breathing space’ scheme details30th April 2021 Home » News » Housing Market » Residential transactions fall 4.4% – HMRC previous nextHousing MarketResidential transactions fall 4.4% – HMRCThere were just over 100,000 residential property transactions last month, the latest figures reveal.The Negotiator27th August 20150529 Viewslast_img read more

Image of the Day: Navy Ships Patrol Dutch Waters amid Nuclear Security Summit

first_img View post tag: ships View post tag: Amid Authorities The said vessels are HNLMS De Zeven Provinciën, Holland and Friesland.The Dutch Navy has sent its ships to patrol the area and provide security both at sea and on land to 58 world leaders and thousands of delegates who are visiting the Netherlands from 24 to 25 of March.[mappress]Naval Today Staff, March 25, 2014; Image: Dutch Navy View post tag: Defense View post tag: Security March 25, 2014 View post tag: Dutch Three ships of the Dutch Navy and teams of the Special Maritime Forces (MARSOF) of the Dutch Marine Corps have been sent to sea anent the Nuclear Security Summit in 2014, in The Hague. View post tag: Navy View post tag: Navalcenter_img View post tag: News by topic View post tag: Summit View post tag: nuclear View post tag: Defence View post tag: waters View post tag: Patrol Share this article Back to overview,Home naval-today Image of the Day: Navy Ships Patrol Dutch Waters amid Nuclear Security Summit Image of the Day: Navy Ships Patrol Dutch Waters amid Nuclear Security Summitlast_img read more