Government directs the CBEC officials association demanding full control of Central Government over all assessees under GST to refrain from the protest as proposed
GST
Dated:- 13-10-2016
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Document 1
By Speed Post
F.No.C-30013/6/2012-AdIVA-Voll
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
*****
Memorandum
New Delh i dated the 10th October, 2016
The All India Association of Central Excise Gazetted Executive Officers has given notice vide
their letter dated 04.10.2016 for observing the following:
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(i) Peaceful Lunch Hour gathering in front of the residence of your good self (Hon'ble FM)
on 14.10.2016 to hand-over the Memorandum and Lunch Hour peaceful protests in front
of every Headquarters Office throughout the country.
(ii) Peaceful Lunch Hour protests on 09.11.2016 in all CCA Offices throughout the country.
(iii) Wearing of Black Badge in all Offices on 07.12.2016 throughout the country.
(
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of strike by Government servants, are also enclosed.
This issues with the approval of Chairman, CBEC
Encl. As above:
The Secretary General
All India Association of Central Excise Gazetted Executive Officers
240, Razapur, Ghaziabad – 201 001 (UP)
Copy to:
(Amarjit Singh)
Director(Ad.IV)
Tel: 011 2616 2694.
1. All Chief Commissioners of Central Excise
2. DG, HRD, CBEC
3. Web Manager, Directorate General of Systems and Data Management for uploading the
communication on the Board's website.
جميل
(Amarjit Singh)
Director(Ad.IV)
Tel: 011 2616 2694.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
President:
R. Chandramouli
GAZETTED EXECUTIVE OFFICERS
Address for communication:
240, Razapur, Ghaziabad-201001 (U.P.)
Secretary General:
Ravi Malik
Mob. 08939955463 mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in . Mob. 09868816290
Vice Presidents: P. Parwani, L. L. Singhvi (Central); Anurag Chaudhary, Ravi Joshi (North); N. Raman, G. Srinath
(South
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sions,
inter-alia, were taken and consensus was arrived among Centre and States:
2.
Exemption threshold for GST to increased to Rs. 20 lakh p.a. from Rs. 10 lakh p.a. as envisaged in
draft GST Model Laws. For North-Eastern and Hilly states, the threshold exemption limit increased
to Rs. 10 lakh from Rs. 5 lakh.
The manufacturers and suppliers having annual turnover ranging from Rs. 20 lakh p.a. to Rs. 1.50
crore p.a., who would be subjected to levy of CGST in lieu of Central Excise Duty (currently
exempted from Central Excise Duty) would be controlled by States for the purpose of CGST &
SGST both and thus, Central Government would have no control over these assessees.
It has further come to notice of the Association that the States and their employees have now started
demanding for their control over Service Tax assessees also falling within the annual turnover limit of Rs.
20 lakh p.a. to Rs. 1.50 crore p.a. due to a liberal stand shown by the Centre towards allocation of
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16, the Centre
on account of
has to compulsorily compensate to all States for the loss of
implementation of GST for a period of 5 years. Thus,
on Cent
to collect
more and more revenue of CGST so that a huge amount out of the CGST collected may be distributed
amongst all States to compensate their huge (expected) loss of revenue for the next 5 years.
5. In the above said circumstances, the Association strongly demands and request, yourself being the
Union Finance Minister and Chairperson of the GST Council, that none of the assessees of Central Excise
(to be levied CGST on the supply of goods) and Service Tax (to be levied CGST on the supply of
services) should be transferred to the States for the purpose of levy and collection of CGST by the
officers of States. All Central Excise and Service Tax assessees falling above the annual turnover of
Rs. 20 lakh should necessarily be controlled by Centre and its officers only. No need to say that we
require a strong & powerful Cen
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ed officers of CBEC to take any further decision on the
GST. If ignored, these Associations would be compelled
to initiate pon
non
co-operation
per the decision taken by the Associations under CBEC representing Group 'A' to
meeting held in Mumbai on 01.10.16 towards the implementation of GST against the unilateral decisions-
taken by the GST Council-
tot as below as
officers in the
i) Peaceful Lunch Hour gathering in front of the residence of your goodself on 14.10.16 to
hand-over the Memorandum and Lunch Hour peaceful protests in front of every Headquarters
Office throughout the country.
ii) Peaceful Lunch Hour protests on 09.11.16 in all CCA offices throughout the country.
iii) Wearing of Black Badge in all offices on 07.12.16 throughout the country.
iv) Day long protest programme in front of all CCA offices on 05.01.17 throughout the
country.
v) Mass Casual Leave on Budget Day by all officers.
Yours faithfully,
Copy with the request for necessary action to:
(RAVI
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mvented in an
way including by grant of leave for the period of a
(ii) on all important service mailers which are likely to have and
repercussions on other services (e.g. action taken agains
Government employees participating in strikes), all Ministries/Departments, Including the Ministry of Railways
should, with a view to ensuring the maximum possible uniformity in the general approach, consull the Department or
Personnel & A.R. (now Department of Personnel and Training) before taking/announcing any decision so that
embarassment to the Government in dealing with the generality of civil services is avoided.
2. Notwithstanding the above directions, the Department of Personnel & Training has been receiving several references
from Central Government offices that in the case of employees who had participated in a strike, the period of absence may be
Treated as duty or leave instead of applying the principle of no work no pay. It has also come to notice that in some cases. II..
M
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subject, the Management has the
power to deduct wages for the absence from duly when the absence is a concerted action on the part of the employees
and the absence is not disputed. Whether the deduction from wages will be pro rata for the period of absence only or will
be for a longer period will depend upon the facts of each case such as whether there was any work to be done in the said
period, whether the work was in fact done and whether it was accepted and d acquiesced in, etc.
It is not enough that the employees attend the place of work. They must put in the work allotted to them. It is for the work
and not for the mere attendance that the wages/salaries are paid.
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It is clear that wages are payable only if the contract of employment is fulfilled and not otherwise. Hence, when the workers
do not put in the allotted work or refuse to do it, they would not be entitled to the wages proportionately.
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Whether the strike is legal or illegal,
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Auditor General of India, New Delhi.
3. Supreme Court of India, New Delhi.
10.
AUT. Administrations.
11.
All Zonal Councils..
( UPSC New Delhi.
GAT D
C.V.C New Delhli
7. Demonstration and strikes
No Government servant shall –
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(i) engage himself or participate in any demonstration which is
prejudicial to the interests of the sovereignty and integrity of India,
the security of the state, friendly relations with foreign States, public
order, decency or morality, or which involves contempt of court,
defamation or incitement to an offence, or
(ii) resort to or in any way abet any form of strike or coercion or
physical duress in connection with any matter pertaining to his service
or the service of any other Government servant.
Government of India Decisions
(1) Restriction on Government servants who are office-bearers of
service associations, in dealing in their official capacity with matters
connected with those associations.
Reference Home Ministry's Office Mem
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ernment servant shall resort to or in any way abet any form of strike in
connection with any matter pertaining to his service or the service of any other
Government servant. Instances have come to the notice of Government where
employees resort to various methods of protests for redress of grievances, some
of which are tantamount to strike. References have been received seeking
clarification whether certain acts, are covered under the definition of 'strike'
and if so, whether action can be taken against such employees for violation of
the Conduct Rules.
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It is, therefore, clarified that 'strike' means refusal to work or stoppage or
slowing down of work by a group of employees acting in combination, and
includes
(i) mass absentation from work without permission (which is wrongly described
as “mass casual leave”);
(ii) refusal to work overtime where such overtime work is necessary in the
public interest;
(iii) resort to practices or conduct which is likely to result in
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ing forcible
confinement of public servants within office premises by surrounding their
places of duty and have held demonstrations/meetings both within office
premises during office hours and also outside the office premises beyond office
hours, tending to forcible confinement of public servants within office premises.
Such demonstrations/activities are prejudicial to pubic order and also involve
criminal offences like wrongful restraint, wrongful confinement, criminal
trespass or incitement to commit offences. They are also subversive of discipline
and harmful to the public interest, and participation in them by Government
servants and would constitute good and sufficient reason within the meaning of
Rule 11 of the Central Civil Services (Classification, Control and Appeal) Rules,
1965. It has, therefore, been decided that a serious view should be taken of such
acts of lawlessness and insubordination on the part of public servants. The
Central Government Departments are
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l restraint, wrongful
confinement or criminal trespass or of any other cognizable offence, a written
report should be made to the Officer-in-charge of the Police Station having
jurisdiction, requesting him to register the offence and to take action under the
law. The names of the offenders should be included in the written report. Copies
of the report should be endorsed to the Police Commissioner/Superintendent of
Police and the Home Secretary to the State Government concerned for
necessary action according to law.
(iv) If, notwithstanding the mandatory provisions of the Criminal Procedure
Code, Police takes no action on such a report, action should be taken promptly
to file a complaint before the appropriate Magistrate in respect of the
substantive offences under the Indian Penal Code or other law. In certain
circumstances a petition could be filed before the High Court for issue of the
appropriate writ, but this should be done after taking legal advice.
[OM No. 25/S.11/
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