BREAKING : Centre Notifies GNCTD Amendment Act Increasing Powers Of Delhi LG With Effect From April 27

first_imgTop StoriesBREAKING : Centre Notifies GNCTD Amendment Act Increasing Powers Of Delhi LG With Effect From April 27 LIVELAW NEWS NETWORK27 April 2021 9:11 PMShare This – xThe Central Government on Wednesday notified the Government of National Capital Territory of Delhi(Amendment) Act 2021, which enhances the powers of Lieutenant Governor of Delhi over the elected government of Delhi, with effect from April 27.The law gives sweeping powers to the Lieutenant Governor of Delhi by declaring him to be the “Government of Delhi”. It also provides that the opinion of the LG “shall be obtained” on all such matters as may be specified by the LG, before taking any executive action on decisions of the Council of Ministers of the Delhi Government.It is pertinent to note that the notification comes at a time when the Centre and Delhi Government are sparring against each other over issues related to COVID19 pandemic in the national capital, including the supply of medical oxygen in hospitals. The Parliament had passed the contentious bill on March 24. BREAKING : Central Government notifies the GNCTD(Amendment) Bill 2021 with effect from April 27. The amendment says that the “Government of Delhi” means the “Lieutenant Governor of Delhi”[email protected] @LtGovDelhi— Live Law (@LiveLawIndia) April 28, 2021 Salient features of the Act The Act amends the GNCT of Delhi Act, 1991, a legislation that provides framework for functioning of the Delhi Legislative Assembly and re-defines Delhi Government as the Lieutenant Governor (LG). It curbs the Delhi Assembly’s power to conduct its proceedings as per the rules of procedure made by it. It provides that the Rules made by the Delhi Legislative Assembly to regulate the procedure and conduct of business in the Assembly must be consistent with the Rules of Procedure and Conduct of Business in the Lok Sabha. The Bill also prohibits the Legislative Assembly from making any rule to enable itself or its Committees to: (i) consider the matters of day-to-day administration of the NCT of Delhi and (ii) conduct any inquiry in relation to administrative decisions. Further, any provision in force having the above said effect will be void. Further, the Bill provides that the opinion of the LG must be obtained before taking any executive action on decisions of Delhi Government, on such matters as may be specified by the LG. Comparison with Supreme Court Constitution Bench judgment This last leg of the Bill, requiring the Government to mandatorily seek the Lieutenant Governor’s opinion on the matters so specified by him may be contrasted with the observations made by the Supreme Court in GNCT of Delhi v. Union of India & Anr. (commonly known as Delhi v. LG case). Delineating the boundaries of power between the Lieutenant-Governor and Delhi Government in the said judgment, the Supreme Court had held that the LG cannot interfere in each and every decision of the Delhi Government, and that the LG is bound by the aid and advise of the Council of Ministers of the Delhi Government, except in matters of land, police and public order. The Constitution Bench comprising of then CJI Dipak Misra, Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan had ruled that “LG is an administrative head in the limited sense, and is not a Governor. He is bound by the aid and advise of NCT Government in areas other than those exempted”, The Top Court had observed that the elected representatives and the Council of Ministers of Delhi, being accountable to the voters of Delhi, must have the appropriate powers so as to perform their functions effectively and efficiently. It was held that the Parliamentary form of government is based on principle of “collective responsibility” of the cabinet. “If a well deliberated legitimate decision of the Council of Ministers is not given effect to due to an attitude to differ on the part of the Lieutenant Governor, then the concept of collective responsibility would stand negated,” the Supreme Court had held. The Constitution bench added that the real purpose behind the Constitution (Sixty­-ninth Amendment) Act, 1991, which inserted Section 239AA (Special provisions with respect to Delhi) and paved way for setting up an elected Government in the Union Territory was “to establish a democratic setup and representative form of government wherein the majority has a right to embody their opinion in laws and policies pertaining to the NCT of Delhi subject to the limitations imposed by the Constitution.” It was held that to realize this real purpose, it is necessary to give a purposive interpretation to Article 239AA so that the principles of democracy and federalism which are part of the basic structure of the Constitution are reinforced in NCT of Delhi in their truest sense. “The exercise of establishing a democratic and representative form of government for NCT of Delhi by insertion of Articles 239AA and 239AB would turn futile if the Government of Delhi that enjoys the confidence of the people of Delhi is not able to usher in policies and laws over which the Delhi Legislative Assembly has power to legislate for the NCT of Delhi,” the order stated. Parliamentary Debate In this backdrop, many members opposed the Bill. Leader of Opposition in the House, M. Mallikarjun Kharge said that the Government is trying to seize the powers of elected representatives in Delhi in order to run a “proxy Government” by handing over all the powers to a nominated LG. He said that such centralization of power is against the Constitutional principles and the Bill must be referred to a Select committee for scrutiny. MP from a constituency of Delhi, Sanjay Singh strongly opposed the Bill as being unconstitutional. He referred to Article 239AA(6) of the Constitution which states that “the Council of Ministers shall be collectively responsible to the Legislative Assembly”. He said that this being the position of the Constitution, there is no scope for the Government to make the Council of Ministers responsible to the LG by seeking his opinion for implementation of its orders. Remarks by Senior Advocate Abhishek Manu Singhvi Senior Advocate Abhishek Manu Singhvi, who is also a member of the Parliament, vehemently opposed the Bill. “This is the most pernicious, most unconstitutional Bill which this House has ever received,” he said at the outset. He emphasized that Delhi was especially inserted Constitutionally by Article 239AA which provided that it should be a full state and all provisions that apply to a State shall apply to Delhi. This is barring the power to legislate upon matters of public order, police and land. He told the House that he appeared before the Supreme Court in Delhi v. LG case and will cite certain excerpts from the Constitution Bench judgment that will demonstrate that the Bill in question tries to nullify the effect of that judgment. He quoted: “A conjoint reading of Article 239AA (3) (a) and Article 239AA(4) reveals that the executive power of the Government of NCT of Delhi is co­extensive with the legislative power of the Delhi Legislative Assembly which is envisaged in Article 239AA(3) and which extends over all but three subjects in the State List and all subjects in the Concurrent List and, thus, Article 239AA(4) confers executive power on the Council of Ministers over all those subjects for which the Delhi Legislative Assembly has legislative power” (emphasis supplied). He further quoted, “Article 239AA(4) confers executive powers on the Government of NCT of Delhi whereas the executive power of the Union stems from Article 73 and is co­extensive with the Parliament’s legislative power. Further, the ideas of pragmatic federalism and collaborative federalism will fall to the ground if we are to say that the Union has overriding executive powers even in respect of matters for which the Delhi Legislative Assembly has legislative powers. Thus, it can be very well said that the executive power of the Union in respect of NCT of Delhi is confined to the three matters in the State List for which the legislative power of the Delhi Legislative Assembly has been excluded under Article 239 AA (3) (a)” (emphasis supplied). Singhvi further read the Supreme Court judgment: “The Lieutenant Governor has not been entrusted with any independent decision­making power. He has to either act on the ‘aid and advice’ of Council of Ministers or he is bound to implement the decision taken by the President on a reference being made by him.” He remarked that the Bill is not only against Article 239AA of the Constitution but is also opposed to the Supreme Court judgment and the principles of Federalism. He added that Cause 4 of the Bill precludes the Delhi Legislative Assembly from considering matters of day-to-day administration of the Capital or from conducting inquiries in relation to administrative decisions. This he said, is against Entry 39 in List II under Schedule VII of the Constitution which provides that powers of Legislative Assembly are within the domain of the State Government. With respect to the provision requiring LG’s opinion before implementation of Government’s decisions, Singhvi said that it is against sub-clause 6 under Article 239AA of the Constitution which states that the Council of Ministers shall be collectively responsible to the Legislative Assembly. “But this Bill says that everyone will be responsible to LG. This is direct contradiction,” Singhvi remarked. Government’s reply Union Minister G Kishan Reddy claimed that the Bill does not propose to bring any Constitutional amendment. He insisted that the Bill only seeks to clear certain ambiguities in the law. Reddy claimed that that the Bill neither takes away any right from the Delhi Government nor it confers any new rights on the LG. He said that the proposed amendments are to clarify the points raised after directions from the Supreme Court. “The Honorable Court said it is incumbent on Delhi Government to inform the Lieutenant Governor of its decisions. Some clarification is needed as it is affecting the citizens. It is necessary to remove the administrative uncertainties…It will improve administrative functioning,” he said. BJP MP Bhupender Yadav insisted that Delhi is not a full-fledged State. He said that the territory is essentially a Union Territory whose head, as declared under the Constitution, is the LG. He stated that the proposed amendments to the 1991 Act are in line with General Clauses Act, 1897, which states that the head of the Central Government is the President and that of the State Government is the Governor. He said that since Delhi is a union territory, its head shall be the LG by the same analogy. So far as proposed restrictions on the powers of the Delhi Legislative Assembly are concerned, he said that the same are only being standardized by bringing them in line with the Lok Sabha rules as part of “good governance”. He clarified that the Delhi Assembly Committee may look into Bills, Budgets, etc. However, it cannot look into day-to-day administration of the Government. “If Committee starts looking into criminal cases, what happens with powers of executive police,” he asked. He stated that the Supreme Court in its judgment said that the LG needs to be informed of all the decisions that are made by the Council of Ministers. He insisted that the Bill is simply intended to give effect to that observation. Click Here To Download BillTagsGNCTD Amendment Bill Lieutenant Governor Delhi LG CM Arvind Kejriwal Delhi government Next Storylast_img read more

Parties, alcohol use prompt rental concerns

first_img By Jaine Treadwell Remember America’s heroes on Memorial Day Email the author Print Article Book Nook to reopen Next UpWilma Price, utility manager, handles rentals for Brundidge Station and said Wednesday that the rental policy specifically prohibits alcoholic beverages on the premises at any time. The policy also states that no concession sales or admission charges are allowed to be collected on the premises of Brundidge Station.Renters receive a copy of the rental policy, lease agreement and clean-up policy. “Each person who rents Brundidge Station signs a rental application saying they understand the rules pertaining to the rental of the facility,” Price said.The fee is $100 for each day of rental with a $50 refundable security/cleaning deposit. Individuals who rent the facility must be 21 years of age or older and are responsible for the supervision of the event. Parties, alcohol use prompt rental concerns Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthRemember Them? I’m Sure Their New Net Worth Will Leave You SpeechlessbradofoThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel Published 3:00 am Thursday, June 9, 2016 X Sponsored Content Troy falls to No. 13 Clemson “I’ll say this, too. We don’t need to allow alcohol on any city property at any given time. We need to make Brundidge safe at all times of the day and night.”Margaret Ross, District 3, said the polices in place should be strictly enforced and, perhaps, more regulations included.“Brundidge Station was built for our older adults,” Ross said. “It’s for them first. I think we can solve most issues by not renting Brundidge Station for night parties. We have several other venues in the area for night parties.  That’s not what the facility is for, and the city is not obligated to provide a place like that.”Councilmember Betty Baxter, District 1, had no comment. Councilmembers Cynthia Pearson, District 4, and Steven Coleman, District 5, could not be reached by phone.The council took no action on the concerns at Tuesday’s meeting. Latest Stories Recent issuesarising due to the rental of Brundidge Station in downtown Brundidge have caused concerns. Brundidge City Council willconsider any changes needed in the city’s rental policies.A recent shooting incident and ongoing concerns of alcohol consumption have city officials evaluating the rental practices for the Brundidge Station.City Manager Britt Thomas raised the issue during Tuesday’s council meeting, telling members they may want to consider a change in regulations for use of the facility, which also houses the Brundidge Nutrition Center during the day.“At a recent event tables were broken,” he said. “There are indications that there has been drinking at events. There was also an altercation at Brundidge Station and shots were fired.” By The Penny Hoarder The Penny Hoarder Issues “Urgent” Alert: 6 Companies… Price said many of the rentals are for bridal and baby showers, birthday parties and family and class reunions. Other rentals include graduation parties and night parties.The rental business is lucrative for the city. In 2015, rentals generated about $6,000 in revenue, Price said.Even so, council members said Wednesday that concerns about abuse of the rental policies need to be addressed.“We’ve got a no-alcohol policy and it needs to be enforced,” said Arthur Lee Griffin, District 2. “Those who rent the station should be required to have security there and to pay for it. You Might Like Holland receives 4-h honors Submitted photoChelsey Holland, a recent graduate of Pike County High School was honored at the PCHS Awards Day Ceremony by… read more Pike County Sheriff’s Office offering community child ID kits Plans underway for historic Pike County celebrationlast_img read more

Layne Water Midstream, Texas General Land Office expand long-term water agreement

first_img Layne Water Midstream is a full cycle water midstream business. (Credit: Arek Socha from Pixabay.) Layne Water Midstream, a water midstream company in the Permian Basin, and the Texas General Land Office (GLO) today announced an amendment of their long-term agreement that provides Layne Water Midstream with additional exclusive rights regarding reuse and disposal of produced water on the GLO’s acreage in Reeves and Culberson counties. These reuse and disposal rights are in addition to the existing exclusive rights for Layne Water Midstream to develop GLO non-potable water resources for use in oil and gas drilling and completion activities on approximately 88,000 acres located across Reeves and Culberson counties, in the heart of the Delaware Basin oil and gas producing region. The contract amendment will enable Layne Water Midstream to develop, construct and operate water infrastructure on GLO acreage that will gather, transport, treat, recycle and dispose of water produced from oil and gas operations in the region.J. Michael Anderson, Chief Executive Officer of Layne Water Midstream commented, “We are honored to expand our successful partnership with the Texas General Land Office. The amendment allows us to invest further in water infrastructure on GLO lands in order to gather produced water from energy producers for treatment and reuse in hydraulic fracturing operations and for disposal. Our continuing objectives are to responsibly manage water resources and operate large scale water infrastructure that provides energy producers with simple and cost-efficient access to source water, recycled water and disposal infrastructure. Our GLO partnership is designed to generate water-related revenue streams for the GLO and make it easier for energy producers to operate on GLO acreage.”The original agreement between Layne Water Midstream and the GLO was signed in November 2017 and enables Layne Water Midstream to develop, construct, own and operate water infrastructure to produce and sell non-potable water to oil and gas companies in the Delaware Basin. Through the expansion of water services provided under the contract amendment, Layne Water Midstream can better serve energy producers through a full range of water midstream services from provision of non-potable source water for hydraulic fracturing to gathering and transportation of produced water, water treatment and reuse, and water disposal. Revenues from water sales and services will be shared between Layne Water Midstream and the Permanent School Fund, the land and mineral assets of which are managed by the GLO.Layne Water Midstream has begun marketing these additional water treatment, reuse and disposal services on GLO lands to producers in the region and will continue to serve as the GLO’s sales and marketing resource for full cycle water midstream services. Layne Water Midstream is in the process of filing numerous water disposal permits on GLO land and expects that it will construct water infrastructure for recycling and/or disposal during 2020. Source: Company Press Release Layne Water Midstream is a full cycle water midstream business providing upstream oil and gas companies with water sourcing, disposal and recycling services in the Delaware and Midland Basinslast_img read more

Blood test ‘to help smokers quit’

first_img Sharing is caring! 213 Views   no discussions Share Share Tweetcenter_img HealthLifestyle Blood test ‘to help smokers quit’ by: BBC News – January 12, 2015 Although smoking is becoming less popular in many parts of the world, the total number of smokers is growingA blood test could help people choose a stop-smoking strategy that would give them the best chance of quitting, research in a Lancet journal suggests.Studies show as many as 60% of people who try to give up start smoking again in the first week.But researchers argue measuring how quickly a person breaks down nicotine could boost the chances of success.Other experts say the cost-effectiveness of these extra tests would need to be assessed.Patches or pillsNicotine is one of the most addictive substances in cigarettes – smokers crave more nicotine when their body’s levels drop, prompting them to smoke again.But different people break down nicotine at different rates.Some scientists suggest people who break it down more quickly may crave more cigarettes and in turn find it harder to quit.In this study, researchers from the University of Pennsylvania in the US enlisted some 1,240 people on different smoking cessation programmes.They checked each volunteer’s blood to see if nicotine was broken down at a normal or slow rate.Volunteers received either a nicotine patch, a drug called varenicline or treatment with a dummy pill.Varenicline is a non-nicotine based drug that is available on prescription . Doctors balance potential side-effects – including the risk of depression and suicide – against the harms of continued smoking.Everyone in the trial had access to behavioural counselling too.Nicotine replacement can be in the form of patches and spraysScientists found people who broke down nicotine at a normal rate had a better chance of quitting while using varenicline than those using nicotine replacement patches.Though volunteers who broke nicotine down more slowly had similar success rates whichever method they used, they reported more side-effects with the varenicline.Prof Caryn Lerman, one of the lead researchers, said: “If these tests are used, people could have a sizeable chance of success.Wider use“For some people, with normal metabolism of nicotine, the chance of success might be low on the patches but could double if they take the pill while for a third of the population with slower breakdown, cheaper patches might be best.”Blood tests to check for nicotine breakdown speed are currently used in research but scientists say they could be easily developed for much wider use.Prof Neil Davies, of the University of Bristol, provided an independent comment: “The results are an important scientific advance.“If the findings can be replicated they could lead to changes in practice. But there are still questions that need to be answered.“The cost-effectiveness of these tests would need to be taken into account.”Prof Robert West, from University College London, who was not involved in this paper, said: “We know that if people try to quit unaided their chance of success for a year is about 4%.“The way to succeed is to keep trying. It is like rolling a dice. If you keep rolling it you will succeed but if you stop rolling you will fail.”The University of Pennsylvania research was published in the the Lancet Respiratory Medicine journal. Sharelast_img read more

IMCA special events awards en route from Day Motor Sports

first_imgTYLER, Texas – Day Motor Sports delivers for special events competitors again this season, with awards in all eight sanctioned divisions.The Tyler, Texas, circle track warehouse gives $50 gift cards to a top five finisher at up to 80 designated specials in 2016. Gift cards will be mailed from the IMCA home office within a week after official results are received.Now in its 13th season as an IMCA marketing partner, Day will again give gift cards at the IMCA Speedway Motors Super Nationals fueled by Casey’s and the IMCA Sprint Car Nationals in September.Information about high performance products, safety gear and shop and pit equipment available from Day is available by calling 800 543-6238, on Facebook and at the website.“Day Motor Sports is proud to be a sponsor for the up-coming racing season and we look forward to providing IMCA racers the finest quality parts at the lowest prices,” said company President and CEO Joe Francis. “Look for our new parts trailer visiting our local IMCA tracks as well as the Super Nationals in Boone. Come by and see us or call for a new 2016 catalog.”“The addition of Southern SportMods to the docket at Super Nationals is of special interest to an outstanding company like Day Motor Sports, who is at the geographical epicenter of that division,” noted IMCA marketing Director Kevin Yoder. “We’re thrilled to partner with them again this season and look forward to a strong showing at Boone in September.”last_img read more