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
=============
\nDocument 1
\nBy Speed Post
\nF.No.C-30013\/6\/2012-AdIVA-Voll
\nGovernment of India
\nMinistry of Finance
\nDepartment of Revenue
\nCentral Board of Excise and Customs
\n*****
\nMemorandum
\nNew Delh i dated the 10th October, 2016
\nThe All India Association of Central Excise Gazetted Executive Officers has given notice vide
\ntheir letter dated 04.10.2016 for observing the following:
\n2
\n(i) Peaceful Lunch Hour gathering in front of the residence of your good self (Hon'ble FM)
\non 14.10.2016 to hand-over the Memorandum and Lunch Hour peaceful protests in front
\nof every Headquarters Office throughout the country.
\n(ii) Peaceful Lunch Hour protests on 09.11.2016 in all CCA Offices throughout the country.
\n(iii) Wearing of Black Badge in all Offices on 07.12.2016 throughout the country.
\n(<\/p>\n
= = = = = = = =<\/p>\n
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\nThis issues with the approval of Chairman, CBEC
\nEncl. As above:
\nThe Secretary General
\nAll India Association of Central Excise Gazetted Executive Officers
\n240, Razapur, Ghaziabad – 201 001 (UP)
\nCopy to:
\n(Amarjit Singh)
\nDirector(Ad.IV)
\nTel: 011 2616 2694.
\n1. All Chief Commissioners of Central Excise
\n2. DG, HRD, CBEC
\n3. Web Manager, Directorate General of Systems and Data Management for uploading the
\ncommunication on the Board's website.
\n\u00d8\u00ac\u00d9\u2026\u00d9\u0160\u00d9\u201e
\n(Amarjit Singh)
\nDirector(Ad.IV)
\nTel: 011 2616 2694.
\nALL INDIA ASSOCIATION OF CENTRAL EXCISE
\nPresident:
\nR. Chandramouli
\nGAZETTED EXECUTIVE OFFICERS
\nAddress for communication:
\n240, Razapur, Ghaziabad-201001 (U.P.)
\nSecretary General:
\nRavi Malik
\nMob. 08939955463 mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in . Mob. 09868816290
\nVice Presidents: P. Parwani, L. L. Singhvi (Central); Anurag Chaudhary, Ravi Joshi (North); N. Raman, G. Srinath
\n(South<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\ninter-alia, were taken and consensus was arrived among Centre and States:
\n2.
\nExemption threshold for GST to increased to Rs. 20 lakh p.a. from Rs. 10 lakh p.a. as envisaged in
\ndraft GST Model Laws. For North-Eastern and Hilly states, the threshold exemption limit increased
\nto Rs. 10 lakh from Rs. 5 lakh.
\nThe manufacturers and suppliers having annual turnover ranging from Rs. 20 lakh p.a. to Rs. 1.50
\ncrore p.a., who would be subjected to levy of CGST in lieu of Central Excise Duty (currently
\nexempted from Central Excise Duty) would be controlled by States for the purpose of CGST &
\nSGST both and thus, Central Government would have no control over these assessees.
\nIt has further come to notice of the Association that the States and their employees have now started
\ndemanding for their control over Service Tax assessees also falling within the annual turnover limit of Rs.
\n20 lakh p.a. to Rs. 1.50 crore p.a. due to a liberal stand shown by the Centre towards allocation of <\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\non account of
\nhas to compulsorily compensate to all States for the loss of
\nimplementation of GST for a period of 5 years. Thus,
\non Cent
\nto collect
\nmore and more revenue of CGST so that a huge amount out of the CGST collected may be distributed
\namongst all States to compensate their huge (expected) loss of revenue for the next 5 years.
\n5. In the above said circumstances, the Association strongly demands and request, yourself being the
\nUnion Finance Minister and Chairperson of the GST Council, that none of the assessees of Central Excise
\n(to be levied CGST on the supply of goods) and Service Tax (to be levied CGST on the supply of
\nservices) should be transferred to the States for the purpose of levy and collection of CGST by the
\nofficers of States. All Central Excise and Service Tax assessees falling above the annual turnover of
\nRs. 20 lakh should necessarily be controlled by Centre and its officers only. No need to say that we
\nrequire a strong & powerful Cen<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nGST. If ignored, these Associations would be compelled
\nto initiate pon
\nnon
\nco-operation
\nper the decision taken by the Associations under CBEC representing Group 'A' to
\nmeeting held in Mumbai on 01.10.16 towards the implementation of GST against the unilateral decisions-
\ntaken by the GST Council-
\ntot as below as
\nofficers in the
\ni) Peaceful Lunch Hour gathering in front of the residence of your goodself on 14.10.16 to
\nhand-over the Memorandum and Lunch Hour peaceful protests in front of every Headquarters
\nOffice throughout the country.
\nii) Peaceful Lunch Hour protests on 09.11.16 in all CCA offices throughout the country.
\niii) Wearing of Black Badge in all offices on 07.12.16 throughout the country.
\niv) Day long protest programme in front of all CCA offices on 05.01.17 throughout the
\ncountry.
\nv) Mass Casual Leave on Budget Day by all officers.
\nYours faithfully,
\nCopy with the request for necessary action to:
\n(RAVI<\/p>\n
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\nway including by grant of leave for the period of a
\n(ii) on all important service mailers which are likely to have and
\nrepercussions on other services (e.g. action taken agains
\nGovernment employees participating in strikes), all Ministries\/Departments, Including the Ministry of Railways
\nshould, with a view to ensuring the maximum possible uniformity in the general approach, consull the Department or
\nPersonnel & A.R. (now Department of Personnel and Training) before taking\/announcing any decision so that
\nembarassment to the Government in dealing with the generality of civil services is avoided.
\n2. Notwithstanding the above directions, the Department of Personnel & Training has been receiving several references
\nfrom Central Government offices that in the case of employees who had participated in a strike, the period of absence may be
\nTreated 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..
\nM<\/p>\n
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\npower to deduct wages for the absence from duly when the absence is a concerted action on the part of the employees
\nand the absence is not disputed. Whether the deduction from wages will be pro rata for the period of absence only or will
\nbe 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
\nperiod, whether the work was in fact done and whether it was accepted and d acquiesced in, etc.
\nIt 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
\nand not for the mere attendance that the wages\/salaries are paid.
\nXX
\nXX
\nXX
\nXX
\nXX'
\nIt is clear that wages are payable only if the contract of employment is fulfilled and not otherwise. Hence, when the workers
\ndo not put in the allotted work or refuse to do it, they would not be entitled to the wages proportionately.
\nXX
\nXX.
\nXX
\nXX
\nWhether the strike is legal or illegal,<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\n3. Supreme Court of India, New Delhi.
\n10.
\nAUT. Administrations.
\n11.
\nAll Zonal Councils..
\n( UPSC New Delhi.
\nGAT D
\nC.V.C New Delhli
\n7. Demonstration and strikes
\nNo Government servant shall –
\n247
\n(i) engage himself or participate in any demonstration which is
\nprejudicial to the interests of the sovereignty and integrity of India,
\nthe security of the state, friendly relations with foreign States, public
\norder, decency or morality, or which involves contempt of court,
\ndefamation or incitement to an offence, or
\n(ii) resort to or in any way abet any form of strike or coercion or
\nphysical duress in connection with any matter pertaining to his service
\nor the service of any other Government servant.
\nGovernment of India Decisions
\n(1) Restriction on Government servants who are office-bearers of
\nservice associations, in dealing in their official capacity with matters
\nconnected with those associations.
\nReference Home Ministry's Office Mem<\/p>\n
For full text:-Visit the Source <\/a><\/p>\n
\nconnection with any matter pertaining to his service or the service of any other
\nGovernment servant. Instances have come to the notice of Government where
\nemployees resort to various methods of protests for redress of grievances, some
\nof which are tantamount to strike. References have been received seeking
\nclarification whether certain acts, are covered under the definition of 'strike'
\nand if so, whether action can be taken against such employees for violation of
\nthe Conduct Rules.
\n248
\nIt is, therefore, clarified that 'strike' means refusal to work or stoppage or
\nslowing down of work by a group of employees acting in combination, and
\nincludes
\n(i) mass absentation from work without permission (which is wrongly described
\nas “mass casual leave”);
\n(ii) refusal to work overtime where such overtime work is necessary in the
\npublic interest;
\n(iii) resort to practices or conduct which is likely to result in<\/p>\n
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\nconfinement of public servants within office premises by surrounding their
\nplaces of duty and have held demonstrations\/meetings both within office
\npremises during office hours and also outside the office premises beyond office
\nhours, tending to forcible confinement of public servants within office premises.
\nSuch demonstrations\/activities are prejudicial to pubic order and also involve
\ncriminal offences like wrongful restraint, wrongful confinement, criminal
\ntrespass or incitement to commit offences. They are also subversive of discipline
\nand harmful to the public interest, and participation in them by Government
\nservants and would constitute good and sufficient reason within the meaning of
\nRule 11 of the Central Civil Services (Classification, Control and Appeal) Rules,
\n1965. It has, therefore, been decided that a serious view should be taken of such
\nacts of lawlessness and insubordination on the part of public servants. The
\nCentral Government Departments are <\/p>\n
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\nconfinement or criminal trespass or of any other cognizable offence, a written
\nreport should be made to the Officer-in-charge of the Police Station having
\njurisdiction, requesting him to register the offence and to take action under the
\nlaw. The names of the offenders should be included in the written report. Copies
\nof the report should be endorsed to the Police Commissioner\/Superintendent of
\nPolice and the Home Secretary to the State Government concerned for
\nnecessary action according to law.
\n(iv) If, notwithstanding the mandatory provisions of the Criminal Procedure
\nCode, Police takes no action on such a report, action should be taken promptly
\nto file a complaint before the appropriate Magistrate in respect of the
\nsubstantive offences under the Indian Penal Code or other law. In certain
\ncircumstances a petition could be filed before the High Court for issue of the
\nappropriate writ, but this should be done after taking legal advice.
\n[OM No. 25\/S.11\/<\/p>\n
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