text:
2 Seaside women charged in deaths of 113 kittens
Updated: 11:11 AM PDT Aug 24, 2012
KSBW.com Digital Media Manager
Monterey County SPCA
This fluffy cat was rescued in Seaside. It is currently recovering at the Monterey County SPCA.
SOURCE: Monterey County SPCA
Two women who live in a Seaside home where 113 dead kittens and 51 sick cats were found in July were charged with animal abuse on Thursday. Maggie Johnson and her daughter, Donna Johnson, are accused of hoarding hundreds of cats.PHOTOS: 48 cats rescued from Seaside hoardersDonna Johnson, 46, was charged with three felony counts of animal cruelty and three misdemeanor counts of animal neglect by the Monterey County District Attorney's Office. Maggie Johnson, 79, was charged with three misdemeanor counts of animal neglect.Donna Johnson faces a maximum of three years in jail for each felony charge, and both Johnsons face six months for each misdemeanor.On July 24, SPCA officers searched two Seaside properties on Noche Buena Street and Wanda Avenue and found a heartbreaking scene."No live kittens were found," SPCA spokeswoman Beth Brookhouser said."The cats were living in extremely horrible conditions," SPCA Sgt. Stacy Sanders said. "They were separated into two groups and locked into rooms with little to no ventilation."The cats were brought to the SPCA's shelter off Highway 68 and staff members worked late into the night providing emergency medical care. Three cats could not be saved and died.Maggie Johnson and Donna Johnson were not arrested and they are scheduled to be arraigned in court on Sept. 11. As news about the cats spread, a huge wave of generous donations poured into the Monterey County SPCA, Brookhouser said. The cats received gifts from cat lovers who live as far away as London and Germany. Eighty-nine donors gave $8,000 in monetary donations, and 67 donors bought the cats supplies through an Amazon gift registry."The cats are showing improvement," Brookhouser said. "Every day the SPCA sees more cats coming out of hiding and wanting to be brushed or petted."None of the cats have been adopted yet because they are still part of the district attorney's investigation. If you want to put your name on a list of potential adopters, you can call the SPCA at 831-373-2631.To donate for the cats' medical treatment, purchase gifts on Amazon, or to help with the SPCA's rescue efforts, click here.
SEASIDE, Calif. —
Two women who live in a Seaside home where 113 dead kittens and 51 sick cats were found in July were charged with animal abuse on Thursday.
Maggie Johnson and her daughter, Donna Johnson, are accused of hoarding hundreds of cats.
PHOTOS: 48 cats rescued from Seaside hoarders
Donna Johnson, 46, was charged with three felony counts of animal cruelty and three misdemeanor counts of animal neglect by the Monterey County District Attorney's Office. Maggie Johnson, 79, was charged with three misdemeanor counts of animal neglect.
Donna Johnson faces a maximum of three years in jail for each felony charge, and both Johnsons face six months for each misdemeanor.
On July 24, SPCA officers searched two Seaside properties on Noche Buena Street and Wanda Avenue and found a heartbreaking scene.
"No live kittens were found," SPCA spokeswoman Beth Brookhouser said.
"The cats were living in extremely horrible conditions," SPCA Sgt. Stacy Sanders said. "They were separated into two groups and locked into rooms with little to no ventilation."
The cats were brought to the SPCA's shelter off Highway 68 and staff members worked late into the night providing emergency medical care. Three cats could not be saved and died.
Maggie Johnson and Donna Johnson were not arrested and they are scheduled to be arraigned in court on Sept. 11.
As news about the cats spread, a huge wave of generous donations poured into the Monterey County SPCA, Brookhouser said. The cats received gifts from cat lovers who live as far away as London and Germany. Eighty-nine donors gave $8,000 in monetary donations, and 67 donors bought the cats supplies through an Amazon gift registry.
"The cats are showing improvement," Brookhouser said. "Every day the SPCA sees more cats coming out of hiding and wanting to be brushed or petted."
None of the cats have been adopted yet because they are still part of the district attorney's investigation. If you want to put your name on a list of potential adopters, you can call the SPCA at 831-373-2631.
To donate for the cats' medical treatment, purchase gifts on Amazon, or to help with the SPCA's rescue efforts, click here.


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text:
Mediation Act, 2068 (2011)
Mediation Act, 2068 (2011)â
Date of Authentication and Publication
2068.1.26 (9 May 2011)
Act Number 2 of the Year 2068 (2011)
An Act made to provide for provisions on the procedure of mediation
Whereas, it is expedient to provide for legal provision on the procedure of mediation to settle dispute through mediation in a speedy and simple manner, to make the process of dispute settlement less costly, to enhance the access of general public to justice and to maintain the interest and convenience of general public. Now, therefore, be it enacted by the constituent Assembly pursuant to Sub-article (1) of article 83 of the Interim Constitution of Nepal.
Chapter -1
1. Short title and Commencement:
(1) This Act may be called "Mediation Act, 2068.
(2) This Act shall come into force on such date and place as specified by the Government of Nepal by publishing a Notification in Nepal Gazette.
2. Definition:
Unless the subject or context otherwise requires, in this Act;
(a) "Quasi-judicial body" means any other body other than a court authorized to try and dispose of a case.
(b) "Prescribed" or "as prescribed" means prescribed or as prescribed in the Rules framed under this Act.
(c) "Board/Council" means the Mediation Board/Council constituted pursuant to section 26.
(d) "Party" means party of a dispute and this term also includes plaintiff and defendant of a case
(e) "Certificate" means the certificate issued pursuant to Sub-section (1) of section 21 to act as a mediator.
(f) "Case" means a dispute which is sub-judice in an adjudicating body.
(g) "Adjudicating body" means a Court and this term also includes a quasi-judicial body.
(h) "Mediation" means a process to be followed to settle a dispute or case with the assistance of a mediator.
(I) "Mediator" means a mediator appointed pursuant to this Act who facilitates for negotiation between the mediation parties and motivates them in arriving at a voluntary agreement.
(j) "Local body" means Village Development Committee or Municipality.
Settlement of Dispute through Mediation
3. Dispute may be settled through mediation:
(1) In case, any agreement provides for the settlement of dispute through mediation, the dispute concerned with that agreement or a dispute arisen under that agreement shall be settled according to the procedure prescribed in the agreement, if any.
(2) Notwithstanding anything contained in Sub-section (1), in case, parties intend to settle a dispute through mediation which is subjudice or not filed in any adjudicating body and such dispute may be
settled through compromise (Milapatra) pursuant to prevailing law, the aforesaid dispute may be settled through mediation by following the procedure pursuant to this Act.
(3) In case, parties intend to settle a case which in sub-judice in an adjudicating body through mediation pursuant to Sub-section (2), the parties may submit an application to the concerned adjudicating body at any time, and upon the receipt of such application the adjudicating body
shall issue an order to settle the dispute through mediation whether such case is sub-judice at any level.
(4) Where in any case sub-judice in an adjudicating body, the aforesaid body considers it appropriate to settle through mediation and the concerned parties are agreed, the adjudicating body may issue an
order to settle such dispute through mediation.
(5) Notwithstanding anything contained in Sub-section (3) and (4), in case ,it is deemed necessary to pronounce a decision on any issue which cannot be settled through mediation together with an issue which can be resolved through mediation the adjudicative body shall not issue an order to settle such dispute through mediation.
4. Appointment of the mediator:
(1) In case, any agreement provides for a provision on the appointment of the mediator, appointment of the mediator shall be done as per the aforesaid provision, and in the absence of such provision mediator shall be appointed under this Act.
(2) While appointing a mediator pursuant to Sub-section (1), parties shall appoint the mediator by a mutual consent.
5. Number of the Mediator:
(1) The number of the mediator shall be as specified in the agreement, if any, and in case, the agreement does not specify the number of the mediator, one or three mediators shall be appointed as per the consent of the parties.
(2) In case, parties are agreed to appoint one mediator such mediator shall be appointed by the consent of the parties and in case, parties are agreed to appoint three mediators, each party shall appoint one mediator and the third mediator shall be appointed either by the party themselves or by two mediators appointed by the parties, as the case may be.
(3) In case, there are three mediators, the third mediator shall act as a co-coordinator of the mediators.
6. Assistance may be sought for appointing the mediator:
(1) In case, any agency which offers mediation service provides separate Rules or procedure for appointing the mediator, the parties may appoint mediator as per such Rules or procedure.
(2) A request may be made to an agency which offers mediation service by the parties themselves or as per the order of the court to recommend the name of the mediator for appointing the mediator
pursuant to Sub-section (1).
(3) Upon the receipt of a request pursuant to Sub-section (2), such agency may, by considering the nature of dispute, the issue of mediation, the qualification, expertise and the capacity of the mediator
to carry impartiality, and the nationality of the mediator in the context of international nature dispute, if any, recommend for the suitable person or appoint a person as a mediator.
(4) Notwithstanding anything contained elsewhere in this Section, in case, parties intend to take assistance from the local body for appointing mediator, the parties may seek assistance of the concerned local body.
(5) Local body shall, for the purpose of providing assistance pursuant to Sub-section (4), prepare a roster of the mediators who are eligible to be a mediator pursuant to this Act and shall provide
assistance to appoint a suitable person as a mediator from its roster on the consultation of parties.
7. Mediator to be appointed by the adjudicating body:
(1) Notwithstanding anything contained in Section 5 or 6, where the adjudicating body issues an order to settle a dispute through mediation pursuant to Sub-section (4) of Section 3 or the concerned parties fail to appoint the mediator pursuant to Section 5, the adjudicating body shall issue an order in the name of the concerned party to submit the name of the mediator within such period as specified by it.
(2) Upon the issuance of an order pursuant to Sub-section (1), the concerned party shall submit the name of the mediator to the adjudicating body within the prescribed period by the mutual consent of
the parties and the adjudicating body shall appoint the person submitted by the parties as a mediator.
(3) In case, the parties fail to submit the name of mediator pursuant to Sub-section (2), the adjudicating body shall appoint such person as a mediator upon taking consent of the parties from among the persons eligible to be a mediator.
8. Appointment of the mediator in special circumstance:
(1) In case, a person appointed as a mediator declines to provide mediation service, or fails to act as a mediator or resigns or dies or the post of the mediator falls vacant for any other reason, the vacancy shall be filled, within the time as consented the parties, by appointing the next mediator through the same process which was followed earlier.
(2) In case, a mediator cannot be appointed pursuant to Subsection (1), the appointment of mediator shall be made upon following the process as mentioned in Section 7.
9. An order to be issued for appointing the mediator:
(1) Notwithstanding anything contained in this Chapter, while making settlement of a dispute through mediation pursuant to Sub-section (3) or (4), the concerned adjudicating body shall issue an order to appoint a mediator.
(2) While issuing an order to appoint a mediator pursuant to Subsection (1), the adjudicating body shall issue an order to appoint a person as a mediator from among the persons awarded certificate to act in the capacity of a mediator pursuant to Sub-section (1) of Section 21.
10. To notify for denial of rendering service as a mediator:
In case ,a person appointed as a mediator pursuant to this Act does not intend act as a mediator shall notify in writing to that effect to the concerned adjudicating body within Seven days from the delivery of the notice of the appointment.
11. Mediator to notify:
(1) In case, a mediator appointed pursuant to this Act is unable to conduct the mediation process in an independent and impartial manner due to the nature of the dispute or there exists a circumstance likely to give rise to a justifiable doubt as to his/her independence or impartiality, the mediator shall notify quickly in writing to that effect to the mediation parties and to the adjudicating body where the dispute was referred by the order of adjudicating body.
(2) A copy of the Notification notified pursuant to Sub-section (1) shall be recorded in the file of the concerned dispute.
12. Matters to be observed by the mediator:
A mediator shall observe the following matters while discharging his/her duty as a mediator:
(a) To perform the duty related to mediation in an impartial manner.
(b) Not to perform an act with favouritism, bias or prejudice towards any party or to avoid conduct that gives the appearance of the same.
(c) Not to conduct mediation by creating fear or terror against a party or by misleading or inducing to a party.
(d) Not to have any financial transaction with a party until the dispute is resolved.
(e) Not to commit any act contrary to this Act or Rules framed there under in regard to mediation process.
(f) Not to make any economic transaction or not to do any other act and activity that falls under the conflict of interest in the course of mediation.
(g) To observe code of conduct in the course of mediation.
13. Mediators may be removed:
(1) In case, it is found after the appointment of a mediator that he/she is not qualified to be a mediator
pursuant to Section 22, the concerned parties themselves, or the agency or the adjudicating body from whom such mediator was appointed shall remove such mediator as quickly as possible.
(2) In case, it is found that a mediator has committed any of the following acts by a complaint lodged by a party or the aforesaid matter comes in notice of the adjudicating body by any source, the adjudicating body may remove such mediator at any time:
(a) If he/she fails to fulfill the matter as referred to in Section 12.
(b) If he/she commits any act against the matter of dispute or party with an unfair or a fraudulent
(c) If repetition of a mistake or irregularity is found in his/her act or activity or in the process of
mediation.
(d) If he/she prolongs or delays the proceedings of mediation without a reasonable cause or shows
reluctancy in the proceedings of mediation.
(e) If he/she breaches the confidently of matters done in the course of mediation proceedings without the consent of the party which causes adverse effect on the interest of the party.
Chapter-3
Procedure Relating to Mediation
14. The proceeding of mediation to be commenced:
(1) Where a party of a dispute, which is not filed in a court, serves a notice to another party or the concerned parties submit an application to the adjudicating body in connection with a dispute pursuant to Sub-section (3) of Section 3 or the adjudicating body issues an order to settle a dispute thorough mediation pursuant to Sub-section (4) of Section 3, it shall be deemed to have commenced the proceedings of mediation. Provided that, the proceedings of community based mediation shall be commenced when a request is made to the community by the concerned party.
(2) Upon the commencement of the proceedings of mediation, any of the party shall submit the dispute to the mediator.
(3) Upon the commencement of the proceedings of mediation pursuant to Sub-section (1), except as otherwise provided in this Act no adjudicating body shall interfere in such case until the disposal of the mediation proceedings.
15. Procedure relating to the settlement of dispute:
(1) The procedure relating to the settlement of a dispute through mediation shall be as
prescribed by the parties.
(2) In case, parties agree to settle a dispute through mediation by following Rules or procedure framed by an agency which offers mediation service, such dispute shall be settled through mediation by following such Rules or procedure.
(3) While making settlement of a dispute as so ordered by the adjudicating body, the dispute shall be settled through mediation as per the procedure made or ordered by the adjudicating body, if any.
(4) In the absence of the procedure or Rules pursuant to Subsections (1), (2) or (3), the mediator shall specify an appropriate procedure by considering the nature of the dispute and the desire of the
parties to settle the dispute promptly, and the dispute shall be settled accordingly.
(5) While fixing procedure pursuant to Sub-section (4) it shall be, inter alia, set out the following procedure:
(a) To produce own claim and reply by the parties before the mediator.
(b) To hold separate or joint meeting with the parties.
(c) To seek any information or evidence or document from the parties.
(d) To provide access to the information, evidence or document sought pursuant to Clause (c) to the other party.
(e) To seek alternative grounds for mediation from parties for resolving the dispute
(6) Notwithstanding anything contained elsewhere in this Section, the Board may frame and promulgate a model procedure for resolving the dispute.
16. Settlement of a dispute:
(1) While following the procedure pursuant to Section 15, in case, parties are agreed for mediation, the mediator shall prepare the document to that effect and cause to put signature of the parties in such document along with his/her signature.
(2) A copy of the document as referred in to Sub-section (1) shall be provided to each party.
(3) It shall be deemed to have been settled a dispute after the preparation of document as referred to in Sub-section (1).
(4) In case, parties are agreed for mediation in the dispute pursuant to Sub-section (3) or (4) of Section 3, the mediator shall produce the concerned parties along with the document of mediation
before the adjudicating body.
(5) Upon the receipt of the document of mediation pursuant to Sub-section (3), the adjudicating body shall give effect to the mediation pursuant to the prevailing law.
(6) Notwithstanding anything contained in the prevailing law, no fee shall be charged while making mediation pursuant to Sub-section (5).
(7) Notwithstanding anything contained in the prevailing law, while making mediation where a quasi-judicial body has imposed imprisonment or a fine or both, the concerned competent court may
issue an order to remit or reduce such imprisonment or fine as per necessity.
17. The proceedings of mediation to be terminated:
The proceeding of mediation shall be terminated in the following circumstances;
(a) If parties do not agree for mediation while following the procedure of mediation pursuant to Section 15.
(b) If parties do not appear before the mediator on such date specified by the mediator.
(c) If the proceeding of mediation fails to move ahead due to the absence of a party on such date as specified by the mediator for holding meeting between the parties.
(d) If the parties agree with the term and conditions of mediation and the document of mediation is prepared.
18. Report to be submitted :
(1) A mediator appointed pursuant to Subsection (3) or (4) of Section 3 shall submit a report to the adjudicating body within Seven days in the conditions mentioned in Clauses (a), (b) or (c) of Section 17.
(2) Upon the receipt of the report pursuant to Sub-section (1), the adjudicating body shall hear and dispose of such case pursuant to law.
(3) Where a time frame is specified for mediation and the document of mediation is not produced within Ten days from the expiry of such specified date pursuant to Sub-section (1) of Section 16 or the
report pursuant to Sub-section (1) is not submitted, the adjudicating body shall hear and dispose of such case pursuant to law.
19. Restriction to hear a dispute:
A person who has rendered mediation service in a dispute pursuant to this Act, shall not be eligible to work as a lawyer, arbitrator or judge in the same case.
Provision Related to Certificate of Mediator and Regulation thereof
20. Application to be submitted for certificate:
(1) A person, who intends to work as a mediator for the purpose as referred to in Sub- section (4) of Section 3 or Sub-section (2) of Section 9, shall make an application to the Board in such format as prescribed.
(2) While making an application to the Board pursuant to Subsection (1), the applicant shall submit his/her copy of his/her citizenship certificate and the documents which show that he/she meets the
requirement to be a mediator.
21. Provision related to certificate:
(1) Upon making an inquiry in to the application submitted pursuant to Section 20, in case, the Board is satisfied to issue a certificate, the Board shall issue the certificate of mediation in such format as prescribed.
(2) The certificate issued pursuant to Sub-section (1) shall be valid for a period of Three years and such certificate may be renewed as prescribed.
(3) In case, a person to whom mediation certificate was awarded does not meet required qualification as mentioned in Section 22 to be a mediator, or such person commits fraud or forgery while discharging his/her duty as a mediator, the Board shall cancel the certificate of such
mediator by fulfilling the prescribed procedure.
(4) Certificates issued pursuant to prevailing law before the commencement of this Act, shall be deemed to have issued pursuant to this Act.
22. Qualification of mediator:
(1) The following person shall be eligible to be a mediator;-
(a) A Nepali citizen,
(b) Attained Twenty Five years of age,
(c) Completed at least a Bachelor Degree from a recognized academic institution,
(d) Completed a mediation training for a period as prescribed,
(e) Having sound mind,
(f) Not convicted by a court in a criminal charge involving moral turpitude,
(g) Has not been adjudged bankrupt,
(h) Not removed from the roster of mediators due to the commission of an act contrary to this Act.
(2) Notwithstanding anything contained in Clauses (b), (c) and (d) of Sub-section (1), where the parties themselves choose a person as a mediator who is literate and attained Twenty Five years of age shall be eligible to be a mediator for such party despite the fact that such person does not hold a mediation training.
(3) Notwithstanding anything contained in Clause (a) of Subsection (1), while resolving a dispute involving a foreign person or a dispute connected with a contract done with a foreign person, there shall be no bar to appoint a foreign citizen as a mediator.
23. Provisions relating to the agency which offers mediation services:
(1) A corporate body which is registered under the prevailing law with an objective to provide mediation service to party under this Act, intends to implement such objective shall make an application to the Board in prescribed format by setting out the following matters:
(a) Name and registration number of the corporate body.
(b) Name of officials of the corporate body.
(c) A copy of mediation procedure or Rules framed by
the agency to settle a dispute.
(d) The place where the agency intends to provide mediation services to the parties.
(2) Upon making an inquiry into the application and document submitted pursuant to Sub-section (1), if the Board is satisfied that mediation procedure or Rules framed and other details submitted by the
applicant are suitable, the Board shall give approval to the applicant to provide mediation service to the party upon collecting fee as prescribed.
24. Roster of mediators to be maintained:
(1) An agency which has received approval pursuant to Sub-section (2) of Section 23, shall maintain and make public the roster of persons eligible to be a mediator who facilitates for resolving a dispute.
(2) It shall be set out, inter alia, the qualification, experience and contact address of the person included in the roster pursuant to Subsection (1)
(3) Parties may, subject to mediation procedure or Rules framed by the concerned agency, choose a mediator from the roster maintained pursuant to Sub-section (1).
25. Mediation procedure or Rules requires approval:
(1) A corporate body established under the prevailing law for rendering mediation service to settle a dispute may frame mediation Rules or procedure.
(2) Mediation procedure or Rules framed pursuant to Sub-section (1) shall come in to force after being approved by the Council.
Constitution, Functions, Duties and Powers of the Council
26. Constitution of the Board:
(1) There shall a Board to be known as the Mediation Board for performing the function of regular reform, modification, regulations and control of the mediation procedure and the Board shall consist of the following members:
(a) A sitting judge of Supreme Court designated by the Chief of Justice on the recommendation of the
Judicial Council -Chairperson
(b) Secretary, Ministry of Law and Justice -Member
(c) Secretary, Ministry of Local Development -Member
(d) Deputy Attorney General, Office of the Attorney General -Member
(e) General Secretary, Nepal Bar Association -Member
(f) A person designated by the Board from among the representative organizations working in
the field of industry and commerce -Member
(g) Two Women designated by the Board from among the women working as a mediator or the representatives of the agency involved in mediation or working in the field of mediation -Member
(h) Two persons with at least a woman designated by the Board from among the representatives of social workers and civil society -Member
(i) Registrar, Supreme Court -Member-secretary
27. Functions, duties and powers of the board:
Save as provided elsewhere in this Act, the board shall have the following function, duties and powers;
(a) To conduct or cause to conduct various porgramms which promote mediation to settle dispute.
(b) To provide suggestion to the Government of Nepal for simplification of mediation procedure and for making reform in prevailing law for wide use of such procedure.
(c) To approve the curricula of the training to be given to the mediators and to specify the agency which conducts such raining.
(d) To monitor and evaluate the institutional capacity of the agency which provides mediation service and the quality of training.
(e) To cause to conduct training and interaction programme for the enhancement of the expertise of the mediators.
(f) To prepare the framework of permanent structure in local level for community based mediation and to recommend the Government of Nepal for its implementation.
(g) To monitor or cause to monitor the act and activity of a mediator.
(h) To cause to inquiry into the matter whether the mediator has abided by the code of conduct or not and to take action where the code of conduct is violated.
(i) To perform any other act related to mediation.
28. Procedure relating to meeting:
(1) The meeting of the board shall be held at such date, time and place as designated by its chairperson.
(2) The presence of more than fifty percent of the total number of the members of the board shall make quorum for holding a meeting of the board.
(3) The meeting shall be presided over by the chairperson of the board and in his/her absence a meeting shall be presided over by a member selected by the members from among themselves.
(4) The opinion of the majority of the members shall prevail over the meeting and in case of a tie the person who chairs the meeting shall give his/her casting vote.
(5) The member-secretary shall authenticate the decisions of the board.
(6) The other procedures relating to the meeting of the board shall be as determined by the board itself.
29. Mediation monitoring committee:
These shall be a mediation monitoring committee as prescribed to monitor the act and activity
relating to mediation at local level.
30. Mediation Fund:
(1) There shall be a mediation fund under the board to perform necessary work for conducting mediation activities in an efficient manner.
(2) The following money shall be deposited in the fund pursuant to Sub-section (1);
(a) Money obtained from the Government of Nepal.
(b) Money obtained from foreign government, national or foreign person or organization.
(c) Money collected by the Council while giving approval to the agencies which provide mediation
(d) Money obtained from other source.
(3) Before accepting money as referred to in Clause (b) of Sub-section (2) from a foreign Government, person or organization, the board shall take approval from the Government of Nepal.
(4) The money obtained pursuant to Sub-section (2) shall be deposited in an account of a commercial bank.
(5) The operation of account opened pursuant to Sub-section (4) shall be conducted by the chief of the secretariat of the board and an employee designated by the board.
31. Use of Fund:
The money deposited in the fund pursuant to Section 30 shall be used for the following purposes.
(a) To implement the decision made by the board.
(b) To run the secretariat of the board.
(c) To reform, modify and simplify the mediation procedure.
(d) To conduct mediation training and seminar.
32. Account and audit:
(1) The account of the board shall be maintained in a format followed by the Government of Nepal.
(2) The board shall cause to audit the account of the board as per prevailing law.
(3) The final audit of the board shall be done by the AuditorGeneral.
Chapter- 6
Provisions Relating to community mediation
33. Community based dispute settlement:
(1) Any dispute which may be settled through mediation pursuant to this Act, may be settled even by
community based mediation.
(2) The concerned community may, in order to facilitate to settle a dispute pursuant to Sub-section 1, prepare a panel of mediators after or before arisen of a dispute.
(3) The following person may be included in the panel prepared pursuant to Sub-section (2);
(a) Respected persons in local community.
(b) Persons designated by community organization working at local level.
(c) Local social worker.
(d) Teacher or professor working in local school or college.
(4) While making panel pursuant to Sub-section (3) the representative of women shall be insured in a suitable number as per necessity.
34. Community mediation:
(1) There shall be mediators as may be required to facilitate for resolving disputes through community based mediation.
(2) The mediators as referred to in Sub-section (1) shall provide assistance to parties for resolving disputes.
(3) While providing assistance to parties pursuant to Sub-section (2), mediator shall motivate parties to reach to a consensus, to conclude an agreement which is acceptable for the both parties and not to take the settlement of disputes done through community based mediation as a win or loss.
(4) Non-governmental organization working at local level may provide technical and other assistance, as may be required, to community based mediator for resolving disputes.
(5) Meeting of the concerned community members shall frame necessary procedure for the purpose of resolving dispute through community based mediation.
(6) The result of the settlement of dispute done through mediation may be recorded in writing in the local body.
(7) Other provisions relating to the settlement of disputes done through community based mediation shall be as prescribed.
35. Training and other technical service to be provided:
(1) The concerned District Development Committee, Village Development Committee and Municipality may provide necessary technical service to community based mediator to settle dispute through community based mediation.
(2) The Government of Nepal may mobilize national or local level nongovernmental or community based organization as per necessity to develop the expertise of community based mediator and to provide essential training for such mediators.
36. Duty of the parties:
It shall be the duty of party to appear before the adjudicating body or mediators, as the case may be, on such date, place and time specified by the adjudicating body or mediator, as the case may be, and to take part in the proceedings of mediation.
37. The process of mediation to be confidential:
Except as otherwise provided by the parties or the prevailing law, all process relating to
mediation shall remain confidential.
38. Inadmissibility of evidence:
Notwithstanding anything contained in the prevailing law, any views expressed by a party in the course of mediation proceedings shall not be accepted as an evidence in a case in which such party stands as plaintiff or defendant.
39. Result of mediation to be mandatory:
In case, a dispute is settled through mediation pursuant to this Act, the result thereof shall be
mandatory for the parties and the concerned parties shall execute mediation.
40. Execution of mediation :
(1) Notwithstanding anything contained in the prevailing law, the concerned party shall execute the mediation which took place in regard to a dispute pursuant to Sub-section (3) or (4) of Section 3 within thirty five days from the date of mediation.
(2) In case, the concerned party does not implement the mediation within the date as referred to in Sub-section (1), the concerned affected party many submit an application to the body concerned with the matter of mediation for the implementation of such mediation.
(3) Upon receipt of the application pursuant to Sub-section (2), such body shall implement such mediation as per the prevailing law.
41. A Role of facilitator to be played:
(1) A mediator shall, while resolving dispute, assist parties in an independent and impartial manner
to resolve dispute in a friendly manner.
(2) While providing assistance pursuant to Sub-section (1) a mediator shall be guided by integrity, objectivity, fair treatment and the principles of justice by considering the rights and obligation of parties, commercial practices and usage if it is a commercial type of dispute as well as custom, practice and recognized values adopted by the community if a dispute is to be resolved through the community based mediation.
(3) While providing assistance to settle dispute pursuant to this Act, a mediator shall not play the role of a judge, arbitrator or legal advisor rather the mediator shall play only the role of facilitator.
42. Information not to be disclosed by mediator:
A mediator shall not disclose any information given by the party or any substance or fact
known to him/her in the course of mediation proceeding which causes adverse impact on the interest of party. Provided that, this Section shall not create any bar to disclose anything known to him/her in a criminal offence before a competent court.
43. Fee:
(1) A mediator may accept fee from parties by not the crossing the amount as prescribed in the consent of both parties for providing mediator service.
(2) In the absence of consent pursuant to Sub-section (1) a mediator shall be entitled to obtain fee as prescribed by the board.
44. Action not to be taken against mediator:
No legal action shall be taken against a mediator for any act and activity done by him/her in the
course of discharging his/her duty as a mediator in good faith
45. Delegation of power:
The board may delegate some of its powers to a body or authority as it deems necessary.
46. Case may be referred to local body for mediation:
(1) Notwithstanding anything contained elsewhere in this Act, nothing in this Act shall create any obstacle to settle a dispute through arbitration pursuant to Local Self Governance Act, 2055.
Provided that, the court or the quasi-judicial body may refer a sub-judice case to a local body for mediation as it deems necessary in the consent of concerned party and the local body before the
commencement of Section 33 and 101 of the Local Self Governance Act, 2055.
(2) Upon the receipt of the case pursuant to Sub-section (1), the concerned local body may conduct mediation between parties by adopting separate procedure as may be required.
47. Code of conduct may be framed and enforced:
The Board may frame and enforce a code of conduct to be followed by the mediators.
48. Power to frame Rules:
The Government of Nepal may frame necessary Rules to implement the objectives of this Act.
Disclaimer: NepalArchives.Com has published Mediation Act, 2068 (2011) for the purpose of reference and information only, which were obtained from Nepal Government sources. If you found any discrepancies or misinformation with the content in this webpage, please kindly let us know and also refer to authorized sources of Nepal Government to get certified version of Mediation Act, 2068 (2011). NepalArchives.Com taken no guaranty of authenticity or existing validity of the contents in this webpage.

redpajama_set_name: RedPajamaCommonCrawl


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Over at Whiskey, Ink, & Lace, we have everything a man needs to keep his beard in check. From our Shave Kits for keeping it trimmed to our Beard Shampoo for keeping it clean, we do our best to make sure every beard can find its perfect match.
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text:
Nioh Review
Stephen Krusel April 20, 2017 PS4
Nioh is the answer to the question, "What if a Dark Souls game were faster and less confusing?
Reviewed on PS4
The natural follow up to that questions is "Would that game be any good?"
The answer: Yes, in a really odd way.
The "Dark Souls like" is becoming common enough that it may soon move from a trend to a full fledged genre, making games like Nioh a bit more common.
Stylistically, Nioh is reminiscent of the Onimusha series mostly by virtue of a shared setting and theme. That is, of course, when Nioh isn't cribbing from Dark Souls. When compared to Dark Souls, Nioh seems more buttoned down and organized. It's as if a really skilled office manager took a look at a Dark Souls game and cleaned it up. All the weapons and armor have crystal clear stats in the menus. Every mission has a clearly posted minimum level recommendation. The bosses and enemies in Nioh, while still quite grotesque, are not as messy. There's less gore dripping from everything. Nioh has a specific tutorial area, where a player can go to practice their fighting skills without worrying about losing level progress. The fighting skills for each weapon type are available for players to look up in the menu for those times when they find a powerful new spear but they've spent the last ten hours of the game not using spears, for example. A lot of these differences amount to nice quality of life improvements to the Dark Souls formula, even if they do make the menus somewhat busy and overwhelming at first.
The narrative in Nioh is equally standardized and sorted out to its detriment, unfortunately. The game's protagonist, William, also called Anjin, is based loosely on a historical figure and is an Englishman who can apparently master the Japanese Martial Arts, Japanese Spycraft, and Japanese Magical arts in the course of a few weeks. William comes across as stiff and kind of lacking a personality, which is unfortunately a problem across the entire cast of characters.
There is a clear antagonist, as well, Edward Kelley, who, like William and a lot of the characters in the game, is very, very loosely based on an actual historical figure. Throughout the game, Kelley manipulates his way into unspeakable amounts of power given by demonic forces. Like any good villain, Kelley has minions, the most fearsome of which are demons of the Buddhist and Shinto variety. These demonic enemies are rooted in human failures and desires. In Nioh, demons walking the earth is the result of decades of conflict stoked by Kelley. As common people are forced to fight in pointless wars, they live lives of suffering and die filled with regret. According to Nioh, this negative energy coalesces around vengeful spirits and brings demons into the world. Also According to Nioh, you can destroy these mystical creatures with ordinary swords and other weapons so long as you're pure of heart and have the blessing of a spirit embodying human compassion and belief. While this is an interesting backdrop, by the end of the game, the story becomes a bit tedious: The characters are just not established well enough to draw you in to care about their conflict.
The name of the game in Nioh is controlled aggression. Where the Dark Souls games require patience and caution almost at all times, Nioh often pushes players to just go for it. Where chipping away at a boss until it finally rolls over and dies is a totally valid strategy in Dark Souls, Nioh's bosses do not respond favorably to this type of strategy to say the least. Even with the more common enemies in Nioh, encounters tend to be short and brutal one way or another. Either the player sees the enemy first – in which case they can be isolated and dealt with using a variety of strategies – or the player blunders into the enemy, in which case poor William will be dead before he even knows what hit him. A rare but rewarding event is when, as a player, you manage to thwart an enemy ambush through skill alone. One of the best feelings in this game is going from "Oh no! I'm outnumbered, I'm totally going to die!" to "Oh, yeah! I got all you sneaky punks!"
The major change to gameplay that Nioh adds to the emerging Dark Souls genre is speed. The game accomplishes this acceleration of combat through its "Ki" system. Essentially an active reload for sword swings, the "Ki" system allows players to replenish the stamina used in an attack or combination of attacks with a well timed button press. Skillful use of the system can allow a player to greatly extend their combo or quickly escape with just enough stamina if they get into trouble. Earlier I wrote about controlled aggression being the defining characteristic of Nioh. The "Ki" system illustrates this quality more than any other aspect of the game. Against an enemy of comparable strength. the system allows a player to finish a fight quickly and brutally. Against a stronger enemy, the system allows the player to save just enough stamina to get out of the way of a massive attack. In this way Nioh dares the player to take just one too many swings of a sword, and when the player takes that bait, the punishment is as swift and brutal as anything out there.
A cool aspect of Nioh is that the game is pretty well balanced in terms of accommodating play styles. Often in these types of games, there tends to be one or two ways to play the game that are really useful, and if you stray from that style, you'll have a tough time. Nioh on the other hand lets players switch up their style on the fly and adapt to the challenge they're facing which is a refreshing change. The way Nioh deals with variation of play style is really interesting. In addition to the five weapon types and their myriad skills, there are also Ninjutsu and Omya Magic skills to balance, not to mention the Guardian Spirits players can call upon once they've dealt and received enough damage. The overall experience is different because of the speed at which Nioh throws all this stuff at players. In a Souls game, a player might be lucky to come across a new useful weapon once every couple hours of play so that every new piece of equipment is exciting and must be closely examined. In Nioh, better equipment is constantly dropping from enemies, so much so that a viable play style is to not even look at equipment until the enemies start one-shotting you. Elemental weaknesses for enemies often change from mission to mission, making picking the right magic and Guardian Spirit important. Learning which enemies are susceptible to poisons and paralytics can be equally vital if you've chosen to spec in that direction. Or players can just ignore all that and build stats that let them wear heavier armor and do more damage with weapons.
Games like Nioh and the Souls series are rare enough that there is still a lot of room for variation in tone, style, and nuance in this budding genre. Not every change that Nioh makes to the formula is necessarily an improvement on the formula, but taking a risk on a relatively new style rarely works out as well as Nioh, but, to be clear, this style of game is not for everyone. The level of challenge that Nioh offers will be a thrill to some but will equally prove loathsome for others.
Visuals Nioh looks good but not great. It's easy to catch Nioh in a bad light. Seeing far away enemies hitching as they patrol a route or watching the camera lose focus as it moves through a texture are unfortunately common occurrences. Most of the levels in Nioh are claustrophobic, which is fitting. Sound design is equally middle of the road during fighting but excels in quieter moments when the music shifts to an appropriately creepy tone.
The way Nioh is organized around missions and not zones makes it difficult to compare to other, similar games in terms of scope. There's about the same amount of sheer content in Nioh that you might expect to find in a Souls game. The fact that you access that content through a menu and that what it often amounts to is a repopulation of an area you've already played through detracts ever so slightly from the experience. Because the game is so up front about what you'll be doing in a given mission, it tends to take away from the mystery.
Ultimately, Nioh is a mixed bag. Strong gameplay and solid presentation end up mostly overshadowing a weak narrative, wooden characters, and a few technical hiccups. The main issue, though, is one of limited appeal. Only a specific type of player will find Nioh's challenge interesting enough to keep at it in spite of some of its weaknesses.
Fast, challenging combat.Deep progression system.
Rough around the edges Visuals and Sound.Difficulty may be a deal-breaker for some.
82%PS4
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Bling Nation goes live in Colorado
By Sarah Clark • 7 July 2009 • Updated 12 March 2010 • nfcw.com
The State Bank in Colorado has become the first bank to sign up for Bling Nation's mobile contactless sticker-based local payments system.
COMMUNITY BUILDING: Bling Nation's sticker-based system 'keeps local transactions local'
La Junta, Colorado based The State Bank has become the first bank to launch the mobile contactless sticker-based local payments system developed by Bling Nation.
As NFCW first reported in November 2008, the Bling Nation Community Payments Service is aimed at small, local banks and offers them a way to provide a low-cost closed-loop payments system within their local community.
The State Bank is marketing its new local payments network and accompanying rewards programs under the name Redi Pay Bling and is pitching it as an alternative to expensive, traditional payments networks.
"The State Bank operates in a competitive market," says Brad Rose, vice president of information technology and security for the bank. "In a community of 8,000, there are five banks, including one national branch, and two credit unions. As a result, it is important for us to distinguish ourselves by offering our customers lower costs and increased security and convenience in making and accepting payments, while also driving local commerce."
And, so far, the new service is certainly proving popular. The State Bank, which has 5,000 consumer customers, has signed more business accounts since the service launched on 21 May than in the whole of the past two years, says Rose. "The merchants we have enrolled in Redi Pay Bling represent 80% of our target in the initial roll-out. Through word of mouth over less than a month, five percent of our customers have activated their BlingTags, and we have planned targeted direct marketing and other marketing initiatives to drastically increase that number."
"For consumers committed to shopping local, they are still using the equivalent of a big box retailer to process their transaction if the merchant is not participating in a local payment network," explains Meyer Malka, co-CEO of Bling Nation. "The Community Payments Service keeps money in the La Junta community, while providing consumers with a convenient and secure way to pay for purchases. Eliminating several middle-men in the transaction process enables The State Bank to focus its resources on enhancing its relationship with local merchants and providing its customers with superior service."
On the back of The State Bank's launch, Bling Nation has also been able to announce that it has secured US$8 million in Series A funding, from Lightspeed Venture Partners, Meck and CampVentures.
Explore: Bling Nation, Campventures, Lightspeed Venture Partners, Meck, The State Bank
Learn more: WNIP
Territory: USA
Motorola joins NFC patent pool
Startup to launch large scale NFC customer loyalty project in Ireland


Pushyamitra Sharma is a graduate of IIT Kanpur (1974) with varied experience in the manufacture of heavy pressure vessel fabrication and end shields, low temperature coal carbonization and by product recovery which was being done for the first time in India. He also has experience managing a chemical consultancy organization providing turnkey execution of bulk drug and pesticide plants (the organization represented Benfield Corporation and Pullman Kellog in India). He has also headed a research and development organization active in the field of catalytic carbon-dioxide purification and organo-phosphate pesticide technology with new processes for key intermediate esters. These experiences brought a deeper understanding of mitigating risk, maintaining high quality and ways to ensure public safety and reduce exposure to liability. For the last two decades, he has been a partner at Filtech Industries, which develops and supplies point of use filtration products for PepsiCo Fountain Operations. He has also worked on nano fibre applications in water purification.


text:
Filter by Category All Categories Alumni Arts and Culture Aviation and Aerospace Business and Economics Climate and Environment Cybersecurity Education Food and Hospitality Health Lifestyle Politics Science and Technology Social Justice Sports University News
Filter by Story Types All Story Types Articles Video Stories Photo Stories
Back on track and breaking records
It's January 2022, and Metropolitan State University of Denver student Maya Ries is in the starting block, ready to run...
What it means to be a first-generation college student
The odds were stacked against Diyonus Walls, a first-generation student and Black woman who will graduate in December with a...
Hannah Baty admits she felt a bit of culture shock when she enrolled at Metropolitan State University of Denver at...
Cybersecurity student aims to help diversify the workforce
Niquete Dominique had always been interested in cybersecurity, but she found it hard to see herself in the male-dominated field....
Brewing up equity for the beer industry
If you think of a "brewer," who comes to mind? For many, that archetypal image is a burly white guy...
New research reveals barriers to success for Indigenous students
Sarah EchoHawk, Native American advocate and citizen of the Pawnee Nation of Oklahoma, describes education as "the great equalizer." EchoHawk...
Hospitality Learning Center turns 10
This story appears in the winter 2022 issue of RED Magazine. Jazmaray Martinez loves Denver — and loves sharing it...
New endowment will help Special Education students thrive
This story appears in the winter 2022 issue of RED Magazine. Eddy Reyes knows it's never too late to change...
Cancer survivor aims to guide others through the complex health care system
Dani Valks, a 10-year breast-cancer survivor, chose a career in health care so she could help others going through similar...
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redpajama_set_name: RedPajamaGithub


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Lake Pedder, in south-west Tasmania, was once a magnificent untouched natural lake with rippled pink sand beach set in a spectacular wilderness valley. In 1972, with the damming of the Serpentine River as part of a hydro-electric power generation scheme, the lake was permanently submerged under 18 metres of water. The name of Lake Pedder was transferred to the artificial impoundment and diversion lake that was created by the damming of the Serpentine.
The Lake Pedder Restoration Committee (LPRC) continues to push for a portion the dammed waters to be drained and the original Lake Pedder restored to its natural condition. The LPRC engaged Corkery Consulting to prepare a visualisation to demonstrate how the original lake was flooded by the man-made impoundment. The visualisation also shows how Lake Pedder can be restored through implementation of the Committee's proposed combination of works.
In 2014 the visualisation received a National Excellence Award from the Australian Institute of Landscape Architects in the Category of Research and Communication.
allowing the lower reaches of the Serpentine Valley to remain flooded as well as much of the Huon Valley catchment. The visualisation was used by the Committee to promote the restoration concept in consultation with various authorities and organisations.


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#FMRS2022: THE FREEDOM VARIANT
Alvarez, Gloria
Gloria discovered a long time ago that what she loves the most in this world is human diversity, which makes each and every single one of us authentic, able to transform our lives to freely choose how we want to develop it. Gloria has Hungarian, Cuban, and Guatemalan roots, she lived as an authentic nomad, in 6 different countries. She studied International Relations and Political Science at Francisco Marroquin University and a Masters Degree in International Development at the Sapienza University of Rome.
She became renowned throughout the American continent and parts of Europe through a Youtube video that went viral with over 20 million views, where she denounces Populism and Socialism of the XXI Century. Since then she has become a benchmark leader for a new generation that is beginning to see the way of doing politics with new eyes. As an international speaker, Gloria has conducted more than 100 conferences including "Republic Vs Populism", "How to save our Republics", and "Why and How We Can Defend Capitalism Beyond Economics" in México. Guatemala, El Salvador, Nicaragua, Brazil, Argentina, Uruguay, Chile, Ecuador, Bolivia, Venezuela, Colombia, Spain, Dominican Republic, Florida, New York City plus the countries included in the FMRS.
She is co-author of The Populist Deceit, "El Engaño Populista" with the Chilean Libertarian Lawyer Axel Kaiser and Author of "How to Speak with a Progre" and "Cómo Hablarle a Un Progre".
Let us keep you informed!
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Physiotherapy involves many different types of physical evaluation. Online physiotherapy assessment has many benefits including ease of access, reduced cost and improved appointment availability. It is important to note that due to the largely subjective nature of this type of assessment, there may be some instances where your therapist needs to carry out a physical assessment, in which case we will request that you make an appointment to come into the clinic. There are also technological issues which may lead to a reduction in the quality of video feed or audio quality. Every effort has been made to avoid these issues, and it is important that you read the technological requirements prior to your appointment, to ensure you have the necessary specification in order to avoid any undue complications with your assessment.
During your physiotherapy assessment, it is may be necessary for you to expose the area in need of evaluation. Please communicate to your therapist if you have any concerns during the assessment.
The therapist will explain your physiotherapy diagnosis and discuss any recommendations with you. Physiotherapy, as with any type of medical care, is most effective if you participate according to the treatment plan agreed upon with your therapist. If at any time you have questions regarding treatment and services provided, please do not hesitate to talk to your therapist.


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> Frontpage > General Chat > Doctor Who: Victory of the Daleks Review
Wobag
Doctor Who: Victory of the Daleks Review
After all the excitement around the debut of the new Doctor two weeks ago, and all the subtext of last weeks episode, this weeks story was always going to be interesting.
The first outing for Smith's Doctor that wasnt penned by Moffat has a provocative concept, Daleks working for the Allies in WWII.
Sadly these weeks outing disappointed me on virtually every level. Not actually bad, but just... lacking. The first few minutes were fun enough, seeing a Dalek serve tea is worthy of sketch comedy, but then it was downhill.
What we have is a breakneck episode that seems to just tick of a lot of boxes to be 'cool', rather than delivering a strong story. Spitfires in Space? Check. New style Daleks, check. Mark Gatiss delivered a script that felt very low calorie, and not a patch on his first Season effort The Unquiet Dead.
I was particularly sowered on the episode by the verging on embarassing bomb defusing scene. Completely unjustified in concept, it smacks of a throwback to something Russel T Davies would do. Emotional impact overriding any sense of storytelling logic.
The new Daleks were introduced with much bombast, but was I the only one who failed to see much effort to show why we should be more worried about the new breed than the last? Apparently they are larger and more imposing. Curious then they completely failed to show them next to each other at any point. Its hard to argue against the detractors that this was anything more than a marketing motivated attempt to sell a whole range of new Dalek toys.
Smith seemed less enjoyable in the role too, perhaps due to the lack of sparkling Moffat dialogue. Maybe its unrealistic to expect any writer other than the creator of the 11th Doctor to have his character down at this early stage, but it plants some seeds of doubt that Smith will ever be as entertaining as we have seen him when written by anyone else.
Those tracking the season arc will probably have noticed that the crack in the wall wasnt there when the Tardis appeared, but was when it left. The number of possible causes seems to be narrowing to three...
Fortunately, next week we are back in Moffat territory. Can he possibly live up to his finest hour, when the Weeping Angels return from Blink...
Alan Got a message from the Great Lakes Avengers, They offered me a membership but didn't accept... they're a walking disaster... Just don't make sense at all... the worst heroes of all time, To call thems
Or, as phrased on my other half's Facebook wall: "Go go Dalek Rangers!"
"Victory of the Daleks", or, "Pimp my Daleks".
Who's the pink Dalek?
by Wobag
Its hard to argue against the detractors that this was anything more than a marketing motivated attempt to sell a whole range of new Dalek toys.
On the money. A plot shouldn't serve product placement. No idea if the show was created to shift new Dalek toys, but the episode was clearly a vehicle to introduce a new type of Dalek, and was a shambles as a result. A shame, as the first ten minutes were great. The second the Daleks' plan was announced, it all fell apart, and by the time we got to the daft ticking android scene, it was in self-parody territory. (And as many reviewers pointed out, the Doc has a TARDIS and a devastating bomb: drop the guy off on the Dalek ship already!) Some scenes, like the Spitfires in space, were barmy Who fun, but the whole was not equal to the parts.
And while I don't hate the new Dalek design as much as some, replacing the natty blinged-up gold Daleks from 2005 with Technicolor bloaters is not an improvement.
In short, a waste of a potentially great episode, and a reminder to the production team that monsters are there to serve the plot, not vice versa. Hopefully it's a blip, we'll be right back on track with the River Song and Weeping Angels number next week. If not, RTD help us!


When is the right time to begin something new, to break your routine and begin a new adventure? It could be a new business endeavor, moving, or a change in relationship status. It could be a spiritual practice. It might even be taking a vacation for an extended period of time giving you a chance to create a new paradigm for your life.
Think about what goes into getting away. You have to block out a period of time and you have concerns that while you're gone, things will fall apart without you or you'll miss out on that big opportunity.
Changing our patterns for a period of time takes practice. It involves leaving the familiar and exploring new territory, which isn't always comfortable. And there is always that critical voice of judgment that you wish you could silence. "You're not being practical. Wait until the economy picks us. Wait until "this" happens, the "this" being something that might or might not happen in the future. So we hesitate and don't take action. We never reach our full potential. A year goes by and then another and nothing has changed.
There are always going to be voices that get in the way of our moving forward in our lives especially if that is what we focus on. We have to keep filling our tanks on a daily basis with inspiration. Inside of us is another voice that I call the Voice of Inspiration and Praise, VIP, that says, "Yes, you can. You can do it, go for it." The voice that reminds you to have faith that it's all going to work out.
The challenge is to recognize and listen to it. It doesn't necessarily show up in the way we expect and is more prevalent than we realize. It's a voice, an attitude that needs to be cultivated on a daily basis.
As you know I'm a firm believer in synchronicity-those chance encounters that change your life, those remarkable meetings. When I was a young lawyer, one evening a friend told me of a magical swimming hole along a river in Humboldt County. I had just resolved a case that was set for trial and had nothing on my schedule for the next week. I got my car ready, filled up the tank and off I went with my guitar, my dog, and sleeping bag and drove north, arriving at the river just as the sun was setting.
I enjoyed the breakfast. As it turned out, the camper had a guitar and we played music for quite some time. I was full in more ways than one. After thanking the camper, I was ready to be on my way. It was what the camper said in the next few moments that has perhaps made the greatest impact in my life.
"Hey man, the journey you take is probably more important than your destination. Enjoy yourself. Enjoy the journey." I enjoyed the rest of the hike and the swimming hole was fabulous.
Since that meeting, I have taken his advice to heart. It has affected every aspect of my life. There's no better time than now to enjoy your life and experience it as an exciting journey of discovery. Instead of waiting for that ideal relationship, enjoy life exactly as it is. Instead of feeling despair about finding meaning and purpose in your life, enjoy the inquiry. Instead of waiting for that big opportunity, enjoy what you're doing.
There will always be something in the way, which if you focus on it, will affect your ability to enjoy life. You will be tested repeatedly in some manner. Each day you'll have to renew your commitment, but eventually it becomes a way of life. There are eight daily practices and rituals that have supported me on my journey.
1. Take time each day for quiet reflection in the morning including expressing gratitude. It sets the tone for the day.
2. While driving in your car, listen to motivational or conscious music, rather than listening to the news or what's on the various am stations.
3. Make sure that on a daily basis you are in contact with people who inspire and support you. Don't hesitate to take the first step and reach out.
4. Take time to commune in nature.
5. Eat healthy; drink plenty of water and get exercise. This is a choice that you make over and over again that eventually becomes a healthy habit.
6. Don't forget to smile and make sure you make someone else smile.
7. In the evening, take some time to read a personal growth or spiritual book, even if it's just for a few minutes.
8. Reflect upon the most special moment of the day as you are falling asleep. No matter what happened during the day, you have a choice as to how you think about it.
So there you have it. When are you planning your next adventure? You know I love to hear from you. Feel free to share Letters on Life with those in your circle.
When is the right time to begin something new, to break your routine and begin a new adventure? It could be a new business endeavor, moving, or a change in relationship status. It could be a spiritual practice. It might even be taking a vacation for an extended period of time giving you a chance to create a new paradigm for your life. Think about what goes into getting away. You have to block out a period of time and you have concerns that while you're gone, things will fall apart without you or you'll miss out on that big opportunity.
This entry was posted in General and tagged Empowerment, executive coaching, goals, intuition, Life Coaching, navigating change, [inspire possibility. Bookmark the permalink.


Check out Castle Fine Art's new gallery on our second floor. The industry's leading art retailer offer great customer service, limited edition pieces, a viewing room and VIP lounge and even a bar!
This year marks the 80th anniversary of Marvel Comics, and the first year without the great Stan Lee at its helm. In honour of the artist who gave a voice to classic characters such as Captain America, Iron Man and Wolverine, Castle Fine Art present to you this commemorative edition of Marvel Superheroes. Hand-signed by the comic book legend himself, this selection of six front covers is a touching tribute to the man who became a hero in his own right. Available in the gallery now.


Here are a few highlights from our time in Tunisia. Apologies in advance for the earworm this soundtrack will undoubtably give you.
A bit of wild weather ahead of our departure tomorrow!
While we did not spend a lot of time on ITIKI over the northern winter, we did manage to tick off quite a few items from our wish list of boat jobs, but don't worry we still have a few more things to keep Keith amused over summer. A big thanks to Mick Turner here in Hammamet who actually did most of the work and took great care of ITIKI while we were away. Mick and his lovely wife Jo, really helped us navigate our way around Tunisia and made our stay very special.
Here are some of the highlights. As you can see we have had some serious problems to solve and have come up with some tailor-made solutions. We have also made a good contribution to the Tunisian economy!
It was one of those plans that seemed like a good idea at the time - before we left Tunisia we booked an Intrepid 2-week tour of Morocco (Best of Morocco) to kick off season II in the Med. We may spend some time along the Moroccan coast next year on the way to the Canaries, so the plan was to see some of the interior of the country. We started off in Casablanca, which sounds sooo exotic (its not, but might be when they finish building it…). There were 16 of us in the group (7 Canadians (including another Keith!), 3 Aussies, 3 POMs and 3 yanks) and our fearless guide, the lovely Mustapha - who bears an uncanny resemblance to a young Cat Stevens.
We arrived back on ITIKI on the 8th of March after a 26-hour journey from Sydney via Dubai and on to Tunis. We were only 3kg over our 72kg luggage allowance, and fortunately the 32 kg of "boat stuff" didn't attract the attention of the customs folk at Tunis airport. That was fortunate as in my jet-lagged state I could not connect brain and mouth to produce anything resembling comprehensible French.
The drive back to Hammamet was interesting with our 5 suitcases and us crammed into a Peugeot 206, but the extra weight didn't seem to slow us down, hitting a top speed of 80kts on the freeway! It's great to be back home. We timed our arrival beautifully as the next day there was a "lunch party" of sorts organised by some of our French dock-mates we were yet to meet. Couscous Royal and BYO wine at a local beach restaurant. The "Anglophone" table of 8 tucked in the corner, we were out-numbered by about 40-odd Francophones but after 5 hours of eating and drinking we all seem to have all mastered multiple languages. We were missing our Kiwi buddies Shona and Gavin from White Arrow though – hope to see you in Greece! In our absence Hammamet has really woken up, with the marina and grounds so much cleaner and livelier than when we left.
It must be great to be "home"!?
Sunsets are something you tend to associate with holidays and looking back on the photos of our first season in the Med there was no shortage incredible sunsets over both water and land. Photos of sunsets maybe a bit of a cliche, but hey, who can resist looking out over the water each evening to find that Mother Nature has put on yet another incredible show. Not something you tend to see from the office window... I found myself taking a couple of photos, putting the camera down to do something else, only to look up a few minutes later, rush back and pick up the camera again to take more photos as the scene and colours changed dramatically. Needless to say that made it pretty hard to choose the "best" photos from the hundreds I ended up with! What I liked most was the light and reflections on the water, the range of colours, as well as the contrast with the cloud formations which made for some pretty amazing scenes. The the photos don't always do it justice, but I hope you can still sit back, relax (with a "sundowner" of course) and enjoy the show.
...see you next year to start all over again!
It was with some sadness that we stepped off ITIKI for the last time in the 2018 season. She had been our home for the last 4 months and taken us 2,900 nm from La Rochelle, through Spain, Portugal, Gibraltar, the Balearics, Sardinia, Sicily and finally on to Tunisia. We spent 2 weeks in Port Yasmine, Hammamet, stripping her back to her birthday suit to prepare her for the winter.
Having scheduled the installation of our solar panels in Marina di Ragusa we had set ourselves a deadline to be somewhere by a set date. As seasoned sailors will know that can be a challenge as the weather does not always place nice in those situations. Well we felt like we had plenty of time in the lead up to this date, and then all of a sudden we didn't... I feel like we barely scratched the surface of Sicily but looking back on the photos we still managed to see some great stuff, and I have shared some of those gems in the slideshow below.


It's been well over a year since I published a post on this blog. Many things have occurred in my life since I wrote " Moving Forward". I have moved to another state, gone through a divorce, become an empty nester and most recently, I celebrated my 55th birthday! Over these months, I have thought about writing, I have wanted to write and I have been blessed with many topics to write about. However, for some reason, I have not been able to write. Even when I have tried to write, I could get no further than a few sentences. In fact, I am in awe right now that I have finished a complete paragraph. Praise God!
I have been asking God when do I get to write again? I have been asking, what now, God, for so many areas of my life which also include continuing with writing this blog. Over and over again, I kept hearing, "be still" or "not yet". I have been spending quite a bit of time alone talking to God and trying to declutter my own thoughts so I could clearly hear Him. From my own spiritual perspective, I felt like I was stuck! I've been reading the Word of God, listening to message after message, reading devotional after devotional, playing worship music and trying to utter prayers in hopes of moving things along. As much of this as I have done, I kept feeling like I was stuck, like I was not really moving forward.
And the Lord answered him with don't be afraid or dismayed at how great the multitude, for the battle is not yours, but God's!
Are you feeling powerless? Stuck? Is your back up against a wall? Heavy burdened? If so, it's ok for you to ask, what now, God? Then, listen for His voice to say, my child, you don't have to feel stuck, you don't have to feel like I have left you alone, you don't have to think that I brought you this far to leave you! The Lord is saying to you, stop thinking that you won't be healed, or you won't overcome the depression or you won't be delivered from the addiction or you won't be set free from the shame or guilt. Stop looking at how the enemy has come at you with health issues, bad thoughts, family troubles and financial burdens. Don't let the enemy make you feel like you can't finish school, or that you won't get the job or the promotion. Let God work all of that out for you, let Him fight the battle for you!
In verses 16 and 17, God gave Jehoshaphat clear instructions about the next day. God said, tomorrow go down against them, you will see them coming up against you. God said, but you don't have to fight, just position yourselves, stand still and see the salvation of the Lord!
Did you get all of that? When you feel surrounded by the attacks on your life, when you feel overwhelmed by your circumstances, when your flesh is getting weak, ask God "what now" and get in position for your breakthrough! Your enemy is not prepared for your "what now" prayer!
This is your notice, you have been appointed to praise Him! Tomorrow is your day of victory!
Dear Lord, I thank You for my "what now" moment and that I can look to You for guidance, protection and a strategy for my circumstances. I thank You for letting me know this is not my battle, but Yours. I thank You for getting me out of this place of being stuck and surrounded, and for ambushing my enemy! Lord, I am going to praise You right now for the victory! Lord, because You are fighting my battle for me, I have a great expectancy for tomorrow! In the mighty name of Jesus, Amen!
Why? What has He done wrong?


text:
9К111 Фагот је назив за лансер противтенковских ракета.

Развој
9К111 Фагот је развијен у Конструкционом бироу у Тули. Развој је започео 1962. са циљем производње нове генерације против тенковског оружја. У наоружање је укључен 1970. године.

У наоружању Војске Србије
Пешадијски батаљони ВС за противоклопну борбу наоружани су са противоклопним лансирним комплетом (ПОЛК) 9К111 фагот који садржи лансирни уређај 9П135 на троножном постољу са уређајем за вођење 9С451, блоком оптике 9Ш119 са леве стране лежишта контејнера са ракетом 9М111.

За разлику од ПОЛК 9К11 који се производио по лиценци ПОЛК 9К111 се само увозио из СССР-а.

Модели

Ракете
 9M111 Фагот
 9M111-2 Фагот
 9M111M Факторија

Лансери
 9П135
 9П135M
 9П135M1
 9П135M2
 9П135M3
 9П451M2

Карактеристике

Користи се за уништавање тенкова и других средстава ратне технике, живих циљева и ватрених средстава у утврђеним положајима на даљинама до 2.000 -{m}-, а максимална брзина циља може да буде до 60 -{km/h}-. На терену поље дејства лансера је 360 степени хоризонтално а по висини могућа елевација се креће од -20 до +20. Максимална пробојност хомогене панцирне плоче износи 400 -{mm}-, док код варијанте 9М111М достиже 460 -{mm}-, при чему лансер има полуаутоматско вођење.

За опслуживање је потребно три војника и то нишанџија који на маршу носи лансирни уређај и два помоћника по две ракете у контејнерима. Маса лансирног уређаја је 35 -{kg}-, а једне бојеве главе 2,5 -{kg}-.

Димензије лансера су дужина 1.100 -{mm}-, висина 707 -{mm}- и ширина 770 -{mm}-, а размах крилаца је 369 -{mm}-.

Корисници
  - 100
  - 100
  - 100
  - 52
  - 500
  - 222
  - 119
  - 100
  - 50
  - 50

  - 262
  - 50
  - 100

  - 100
  - 100

  - 10
  - 100
  - 1,000
  - 250
  - 50
  - 10
  - 100
  - 800

Спољашње везе

 FAS
  ПТРК 9К111 «ФАГОТ»

Противоклопни ракетни системи
Наоружање Војске Србије

redpajama_set_name: RedPajamaWikipedia


text:
Home Cities Kochi
'Mavericks' makes a solar victory
This is the second time the students have won the coveted prize as they were champions of the inaugural edition held in 2017.
Published: 13th March 2019 04:50 AM | Last Updated: 13th March 2019 06:27 AM | A+A A-
By Express News Service
KOCHI: Students of electrical engineering at the School of Engineering, Amrita Vishwa Vidyapeetham, Amritapuri campus, have won the overall honours at the National Solar Vehicle Challenge (NSVC)-2019 held in Bengaluru recently.
This is the second time the students have won the coveted prize as they were champions of the inaugural edition held in 2017. The event was organised by Dynamists Motors Sports Pvt Ltd under the 'Make in India' scheme and was held at Reva University, Bengaluru, a release said here.
Among 22 colleges and universities across India, students of School of Engineering, Amrita Vishwa Vidyapeetham, Amritapuri, named 'Mavericks' were awarded a total prize money of Rs 1.25 lakh, a trophy for overall champions along with certificates. NIT Bhopal, finished the second and Hindusthan College of Engineering and Technology, Coimbatore, bagged the third place.
Saur Urja Vehicle Challenge (SUVC) is a national-level solar car racing event which presented a platform for team members to build and manage various skills which include technical, management, teamwork and communication skills for withstanding various real-life and practical problems. SUVC is a self-developed solar car-racing challenge.
The team Mavericks for SUVC consisted of 38 students led by Harikrishnan P A mentored by Bharath K Ranjan, Jayasree P R (assistant professors, EEE)and Sreenivasan M K (lab instructor, EEE) supported by Akhil M S (lab instructor, EEE). The vehicles were judged by Virtual Round, Technical Inspection, Weight Test, Egress Test, Static and Dynamic Rounds. Team Mavericks was awarded Gravity award (for being the lightest Vehicle) of the event.
Stay up to date on all the latest Kochi news with The New Indian Express App. Download now
Make in IndiaAmrita Vishwa VidyapeethamNational Solar Vehicle ChallengeDynamists Motors SportsReva University BengaluruAmrita Vishwa Vidyapeetham Mavericks


With just over two weeks left before the March 29 deadline, Britain is already late in bracing itself for the Brexit impact.
The Duran – News in Review – Episode 187.
The Duran – News in Review – Episode 173.
Brussels and London are preparing to delay Brexit until July.
Britain needs defending alright — from the likes of Gavin Williamson and his incompetent government.


text:
Lead Your Team Managing
15 Cool Job Perks That Keep Employees Happy
By Katharine Paljug, Writer February 27, 2019 04:26 pm EST
Credit: Zivica Kerkez/Shutterstock
Employee satisfaction is essential to a company's overall success, which is why it's crucial to offer incentives that excite and inspire staff as well as attract top talent to the recruiting process. While every employee loves a salary increase, there are other ways to reward workers besides offering more money. Here are 15 impressive perks offered by large and small businesses across the country.
1. A pet-friendly environment
Love your four-legged friend like a child? So does PetSmart, which offers employees a variety of pet-related benefits. In addition to a 15 percent discount of pet-related merchandise and grooming, PetSmart employees get free training classes and discounted veterinary services. And if they don't want to leave your dog at home, many PetSmart employees bring their pets to work with them.
Dogtopia is another pet-friendly workplace. Employees get a personal wellness fund that can be for doggie daycare and vet visits. Employees who don't have pets, however, can still put it to use by applying it toward gym memberships and healthy lunches.
"We made sure everyone can get some benefit from the fund, since not everyone in our office has a pup," said Toni Teplitsky, Dogtopia's director of marketing.
2. Massages and yoga
At the Institute for Integrative Nutrition, the office environment is designed to support employees' mental and emotional well-being. Unsurprisingly, offices have healthy food options for the staff. They also have weekly massages and yoga classes available during work hours to ensure that everyone feels comfortable, happy and creative throughout the workday.
3. Free books
Employees who love free books will be drawn to Penguin Random House's Free Books Program. This benefit allows workers to order multiple books and e-books, free of charge, from a list of more than 100 titles, which is updated throughout the year. Employees can also join or form book clubs with their colleagues to discuss plots and practice team building.
4. Daily ice cream pints
Ben & Jerry's wants employees to know and love its ice cream, so it rewards them with three pints every day. While it may seem like the opposite of many workplaces' health initiatives, it does make employees popular with their friends and loves ones, with whom they are encouraged to share this daily perk. Employees also have a say in the names of ice cream flavors, and, of course, boasting rights if theirs is chosen.
5. No official work hours
At Netflix's California headquarters, vacation days and work hours aren't tracked. The company only measures what people get done, so if employees do their work, it doesn't matter when or for how long they're in the office. The company encourages employees of all levels to take time off, including new parents, who it claims often take four to eight months off. However, that vacation time might not be completely off the clock. "We intermix work and personal time quite a bit, doing email at odd hours, taking off weekday afternoons for kids' games, etc.," says Netflix's "Culture" description.
6. Plenty of time off
When you work hard, it's nice to have an employer who lets you play hard, too, like Boston-based Metis Communications. In addition to three weeks of vacation time, staff members get their birthdays off and a bonus vacation week during the last week of December. After you've worked for the company for four years, you get a fourth week of vacation every year, and after five years of employment, employees are eligible for Friday vacation days in the summer.
7. Focus on family
Deloitte offers incredible perks focused on parents and parents-to-be. Eligible employees, both moms and dads, can get up to 16 weeks of paid time off to bond with new babies after birth or adoption. The leave can also be used to care for a spouse, domestic partner, child, sibling or parent with a serious health condition. Eligible employees can even be reimbursed for up to $25,000 of expenses related to adoption or surrogacy.
8. Onsite health services
In addition to standard health insurance benefits, Steelcase takes care of its employees' health at the office. The design and manufacturing company has an onsite Wellbeing Hub where employees can make appointments with a massage therapist or registered nurse. The company also looks after workers' health by offering "healthier home meal" ingredient stations in its cafeterias, where employees can prep a meal to cook at home instead of visiting a drive-through after work. Steelcase also hosts Curious Minds, a series of lectures on topics like personal wellness and elder care.
9. Mental health support
Capital One Financial is another company that cares for its workers' well-being, including their mental health. The company's Employee Assistance Program (EAP) provides counseling services, either in person or via telephone, as well as informational services to help with big changes like moving or having a baby
10. Continuing education
As higher education becomes more difficult to afford, companies are offering tuition assistance as a perk of employment. At Starbucks, benefits-eligible employees, both full- and part-time, can take advantage of the College Achievement Plan to earn a bachelor's degree through Arizona State University's online program, with full tuition coverage.
In 2017, Starbucks expanded the plan with its new Pathway to Admission Program, which gives academically ineligible employees another chance to qualify. ASU support specialists will work also with employees to help them qualify by identifying which courses they need. They can then take up to 10 freshman-level courses tuition-free as many times as needed.
11. Student loan paydowns
For employees who already have a degree, student loans can eat into their paycheck for years. That makes companies like PwC, which provides help paying down student loan debt, especially attractive. PwC offers its employees $100 per month, totaling $1,200 a year, strictly toward student loan debt. The benefit is available for up to six years, which, factoring in interest, can help employees save up to $10,000.
12. Midday surfing
Outdoor clothing manufacturer Patagonia values employees who love the outdoors, so it encourages them to stay physically fit and active. The California-based company provides bikes, volleyball courts and onsite yoga for its workers. Employees are also encouraged to catch a wave or two in the middle of the workday: The reception desk posts daily surf reports and makes companywide announcements on especially good surf days.
13. Giving back
Multiple studies have shown that workers, especially those in the millennial generation, value brands and employers that emphasize doing good in the world. That's why companies like tech behemoth Google are making their own contribution to employees' volunteer efforts. Google not only matches employees' monetary charitable contributions, but for every five hours of volunteered time, Google will donate $50 to that nonprofit.
14. Office parties
At San Francisco-based music app developer Smule, employees can bring their instruments to the office for the company's weekly jam sessions. There are also various holiday parties, including a Halloween costume party, Thanksgiving lunch, Wednesday game nights and monthly karaoke party.
"This year ... we celebrated the Lunar New Year, making dumplings together," said Sharon Negev, Smule's head of human resources. "We believe that developing a strong sense of belonging for employees from diverse backgrounds makes our experience as employees and humans more meaningful."
15. Freedom (and funding) to travel
Travel booking company HotelTonight gives employees the chance to travel at free or discounted rates with hotel credits as well as the chance to win an impromptu free vacation through monthly 'spin-the-wheel' events. Employees are also eligible for flexible vacation time, which lets them experience the HotelTonight app and stay in partner hotels.
Additional reporting by Sammi Caramela.
Katharine Paljug
Katharine Paljug is a freelance content creator and editor who writes for and about small businesses. In addition to Business News Daily, her articles can be found on Your Care Everywhere, She Knows, and YFS Magazine. Visit her website to access her free library of resources for small business owners.
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