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PREPARED B Y :
Shaik Mohd Ishaq
PROFFESSIONALETHICS
WHAT IS A PROFESSION?
⚫A profession as a vocation requiring advanced
education and training.
⚫A profession is a job that requires specific training
and is regulated by certain standards.
⚫ According to Roscoe Pound he defined profession
as a group pursuing a learned art as a common
calling in the spirit of public service.
PROFESSIONAL ETHICS
⚫ A profession is a vocation founded upon specialized high
educational training, the purpose of which is to supply
objective counsel and service to others, for a direct and
definite compensation.
⚫ Professional ethics encompass the
corporate standards of behavior
personal and
expected of
professionals.
⚫ Professional Ethics is concerned with one’s behavior and
conduct when carrying out professional work. It is
codified and varies across different cultures.
⚫ Professional ethics the ethical norms, values, and
principles that guide a profession and the ethics of
decisions made within the profession.
Professional
Ethics
Consequences
based Ethics-
outcomes
Ideal based
Ethics-
character
Principle
based Ethics-
rules, codes,
standards
DEFINITION OF PROFESSIONAL ETHICS
⚫ Banks (2003) explains that “a code of ethics is
usually a written document produced by a professional
association, occupational regulatory body, or other
professional body with the stated aim of guiding the
practitioners who are members, protecting service
users and safeguarding the reputation of the
profession”.
⚫ The Secondary Education Commission has stated
“They (teachers) will not look upon their work as an
unpalatable means of carrying a scanty living but as an
avenue through which they are rendering significant
social services as well as finding some measure of self-
fulfilment and self-expression.”
CONCEPT OF PROFESSIONAL ETHICS
⚫Professional ethics is a set of beliefs that a teacher
accepts concerning relationships with students,
colleagues, employers, and parents(or guardians
and caregivers of children), all of whom are
stakeholders in the life of the teacher. These
principles guide the teacher in their daily activities
in working with their stakeholders
⚫Professional ethics give a certain set of broad
principles derived in turn from a spectrum of
values which are arrived at after deep philosophical
reflection on the nature and role of the profession
in the life of mankind.
COMPONENTS OF PROFESSIONAL ETHICS
Some professional organizations may define their ethical
approach in terms of a number of discrete
components. Typically these include:
⚫ Honesty
⚫ Integrity
⚫ Transparency
⚫ Accountability
⚫ Confidentiality
⚫ Objectivity
⚫ Respectfulness
⚫ Obedience to the Law
HONESTY
⚫Honesty refers to a facet of moral character and
denotes positive, virtuous attributes such as
integrity, truthfulness, and straightforwardness
along with the absence of lying, cheating, or theft.
“Honesty is the best policy. If I lose mine honor, I lose
myself.”
-William Shakespeare
INTEGRITY
⚫Integrity is a concept of consistency of actions,
values, methods, measures, principles, expectations,
and outcomes. Integrity can be regarded as the
opposite of hypocrisy, that it regards internal
consistency as a virtue.
“Integrity without knowledge is weak and useless, and
knowledge without integrity is dangerous and
dreadful.”
- Samuel Johnson
TRANSPARENCY
⚫Transparency is a general quality. It is implemented
by a set of policies, practices and procedures. It allow
citizens to have accessibility, usability, utility,
understandability, in formativeness and auditability
of information and process held by centers of
authority (society or organizations).
“A lack of transparency results in distrust and a deep
sense of insecurity.”
-Dalai Lama
ACCOUNTABILITY
⚫ Accountability is often used synonymously with such
concepts as answerability, blameworthiness, liability. It
is the acknowledgment and assumption of responsibility
for actions, products, decisions, and policies and be
answerable for resulting consequences. It cannot exist
without proper accounting practices.
“When a man points a finger at someone else, he should
are pointing at
remember that four of his fingers
himself.”
— Louis Nizer
CONFIDENTIALITY
⚫ Confidentiality is an ethical principle of discretion
associated with the professions, such as medicine, law,
psychotherapy. In business, the confidentiality of
information, a mainstream adaptation of the “need to
know” .
⚫ Confidentiality regarding: 1. Whose interests
2. Which interests
⚫ Confidential information of: 1. Worker
2. Employer
3. Colleague
4. Competitor
“In intelligence work, there are limits to the amount of
information one can share. Confidentiality is essential.”
-Gijs de Vries
OBJECTIVITY
⚫Objectivity is a principle of journalistic
professionalism. Objectivity in journalism enables
highly accelerated news reporting and delivery,
which sometimes is at tension with standards of
objectivity.
“The belief in objectivity is a faith in 'facts,' a distrust
in 'values,' and a commitment to their segregation.“
-Michael Schudson
RESPECTFULNESS
⚫ Respect gives a positive feeling of esteem for a person and
conduct representative of that esteem. Respect can be a
specific feeling of regard for the actual qualities of the one
respected. Rude conduct is usually considered to indicate a
lack of respect, disrespect, whereas actions that honor
somebody or something indicate respect. The opposite of
respect is contempt.
“I speak to everyone in the same way, whether he is the
garbage man or the president of the university.”
-Albert Einstein
OBEDIENCE TO LAW
Law is the set of enforced rules under which a society is
governed. Law is one of the most basic social institutions-
and one of the most necessary. The law thus establishes the
rules that define a person's rights and obligations. The law
also sets penalties for people who violate these rules. In
fact, laws frequently are changed to reflect changes in a
society's needs and attitudes. Law is a system of rules and
guidelines which are enforced through social institutions to
govern behavior.
“An unjust law is itself a species of violence. Arrest for its
breach is more so.”
-Mahatma Gandhi
Engineering ethics
Engineering ethics is the field of system of moral
principles that apply to the practice of engineering.
The field examines and sets the obligations by engineers to
society, to their clients, and to the profession.
The purpose of engineering ethics is to identify specific
ethical issues that may arise in order to avoid a
potential problem. Past ethical or technical issues can help
engineers to learn from both previous failures and successes.
Standards or codes of behavior
expected of an individual by a group
( nation , organization, profession) to
which the individual belongs.
A set of beliefs about right
and wrong behavior
within a society.
9/19/2012
2
PERSONAL
CODE
OF
ETHICS
Code of ethics is one that I feel is important in
life, both personally and professionally.
PERSONAL CODE OF ETHICS
9/19/2012
7
HONESTY
9/19/2012 2
2
TRUTH
• Comply with fact or reality.
9/19/2012 24
FAIRNESS
Being just and unbiased.
9/19/2012 25
RESPONSIBILITY
• Fact of being responsible.
Coincides with the terms Reliability or Dependability.
9/19/2012 26
INTEGRITY
•Integrity is a concept of consistency of actions,
values, methods, measures, principles, expectations,
and outcomes.
•Integration of honesty and truthfulness or accuracy
of one's actions.
• Opposite of Hypocrisy.
9/19/2012 27
RESPECT
• Respect thyself.
• Respect others.
9/19/2012 28
TRUST
9/19/2012 30
HARMONY
• To fit together, to join.
• Opposite to Monotony.
9/19/2012 31
ENTHUSIASM
9/19/2012 32
COURAGE
• The quality of mind or spirit that enables a person
to face difficulty, danger, pain, etc.
9/19/2012 33
9/19/2012 34
COMPASSION
• Compassion is the virtue of empathy for the
suffering of others.
9/19/2012 35
WHY PERSONAL CODE OF ETHICS
9/19/2012 36
• To define accepted/acceptable behaviors;
• To promote high standards of practice;
• To provide a benchmark for individuals to use
as self evaluation;
• To establish a framework for professional
behavior and responsibilities;
• As a vehicle for occupational identity &
maturity.
CONCLUSION
• A man of dignity.
9/19/2012 37
CONCLUSION
• A man to be followed and admired.
9/19/2012 38
CONCLUSION
• Pave the way to success.
White Collar Job
A job with attractive perks?
PROFESSION
PROFESSION AND
PROFESSIONALISM
• 360 perspective
• Maturity in Judgment
• Serving the welfare to public
• Supporting the profession at all mean
BRANDED
UNPROFESSIONA
LISM
• Dropping your Commitment
• Blaming others for your mistake
• Assaulting other people senses
• Throwing your workers to wolves
PROFESSIONAL
IDEALS AND
VIRTUES
PROFESSIONALISM IDEALS AND VIRTUES
IDEALS Being Perfect
VIRTUE  High Moral Standard
IDEALS
AND
VIRTUES
Motives Attitude Emotions
VIR
TU
E
THEORIES
ABOUT
VIRTUE
T R A D I T I O N A L
To attain harmony
Truthfulness
Confidentiality
Courageous
M O D E R N
Public Good
Internal Good
PROFESSIONAL
RESPONSIBILITY AS A
PROFESSIONAL VIRTUE
Comm
itment
Self
Directed
Virtue
Perceptio
n
Justice
Public
Spirite
d
Virtue
Generosity
Loyalty
Respec
t for
Authorit
y
Team
Work
Virtue
Co-
operative
ness
Self
Respect
Proficiency Virtue
Integrity
Professional Responsibilities
What is Professional
Responsibility?
⦿ Legal and moral duty of
a professional to apply
his or her knowledge in
ways that benefit his or
her client, and the wider
society, without causing
any injury to either.
Why we need to practise it?
⦿With knowledge and skills ,
professionals have the power to do
great things. With this power, he has a
tremendous responsibilities to
individuals, organisation and society.
⦿This helps us in decision making which
ensures us to act responsibly.
MasterYourWork
Learn to be expert and effective in your work, no
matter whether you like the job or not, it's the
right attitude that matters. There is no work
which is too high or low; what matters is how
you effectively and joyfully take it up. List out
the things you have to learn in your work and
find your own method. You need not be in a
hurry to learn everything in a short period; stick
to a reasonable time frame and consistently.
Enhance Your
Communication Skills
To be successful as a professional, you
must be able to express yourself well
both in speaking and in writing. These
skills help to demonstrate your
competencies in many areas.
ActAs a Leader
Leaders inspire others around them to
collaborate, work together and strive to be
the best they can.
Leadership traits are often innate, but can
be learned and enhanced by various
workshops and seminars.
The important things to remember about
being a leader is that you are a role model,
your presence effects the mood of the
entire workplace, and leaders aren't always
right.
Being a leader means that you stand up
for what you believe in and work hard to
achieve your goals.
Be Honest &
Confidential
This is the key to become professional at
work. Never lie or be dishonest;
dishonesty will eventually out. If you are
honest, you gain respect. Being honest at
work creates a kind of positive energy and
boldness.
Embrace a Positive
Attitude
When approaching life and your career with a
good attitude and enthusiasm, goals and
objectives are achieved much easier. You must
be passionate about your career in order for it to
be successful. A positive attitude goes a long
way to assist you if your career hits a rough spot
and you need to adjust your path.
Collaborate And Cooperate With Others
It's common that in the workplace, teamwork is
stressed as the most efficient and effective way to
complete important projects or assignments. By being
willing to work with others, you increase your odds of
being effective and successful.
Accept all at work
Possess Ambition
It would be difficult to find a
successful professional who lacks
ambition or the goal to succeed.
However, ambition without goals or a
focus doesn't achieve success. Someone
who hopes to become successful must
identify goals, benchmarks and other
important objectives as he works along in
his career
Whistleblower
A person who informs on a person or
organization regarded as engaging in
an unlawful or immoral activity.
CONFLICT
OF
INTEREST
MEANING OF CONFLICT OF INTEREST
In 2005 THERE was an interesting case
The issue was that the finance minister wife had joined
the income tax department which was under her husband
charge . The implication was that she was misusing her
husband position of political and government power
When a person’s personal concerns stand to benefit
from the professional ones , a case is made for conflict
of interest ( A manager sanctioning loan to his relative)
Kinds of conflict of interest
 Public –Private conflict
 Outside employment
 Receiving gifts from vendors to the company
 When an organization is asked to investigate its own
affairs it will make exceptions to suit itself ( Audit)
 The purchase manager buys only from those suppliers
who are friends or relatives
 Revolving door: It is where officials quitting public offices
get into some corporation and pass insider information
METHODS TO AVOID CONFLICT OF INTEREST
➢Prevention
➢Disclosure
➢Recusal
➢Third party evaluation
➢Code of ethics
1 Prevention : Before occupyin.gany position in the department one should
carefully examine all the policies of that department so in order to prevent COI
2. Disclosure : In INDIA the rule is that every body has to
disclose his assets which he posses Ex. POLITICIAN,
Financial statements(true profit)
3.Recusal : In order to make a free and fair transaction , there
may be withdrawal of ones position EX. There are 5 BOD
(Board of Directors) who have to give an order to 1 supplier
among the list and 1 BOD (Board of Directors) knew some
of the parties so in order to avoid COI he should not
participate
4. Third party evaluation: T.
hird party
evaluators are called when any transaction
involves people from within the company
eg To fix a price of product
5.Code of ethics : Well established COE help in
avoiding the conflict of interest
.
Ways to solve conflict of interest
1. Admit possible conflict of interest
If you are upright person and you know that you have done
nothing wrong and yet are being accused of conflict of
interest , then be open to investigation
It is natural to resist in order to defend your image
2. Determine conflict of interest
You must begin the process of identifying the nature of
conflict as most of the conflicts may be determined easily
and rectified by disclosures and recusals
.
3. Take immediate action
Action should be taken immediately once COI is identified
Ex If a politician holding a minister post is charged against
COI than it is morally advisable to resign from public post
until cleared all charges
4 Create a code of conduct
COI will always teach you regarding creation of a personal
code of conduct
Make effort to re create and re work on it
5.Apply
After a bad experience of COI one should always try to apply
a new code of conduct
Gift Vs Bribery
Introduction
⚫The Constitution of India clearly states that it is the
dutyof the state to ‘protectand improve the
environmentand tosafeguard the forestsand wildlife
of thecountry’.
⚫The Departmentof Environmentwas established in
India in 1980.This later became the Ministry of
Environmentand Forests in 1985.
Contd..:
⚫The EPA (Environment Protection Act), 1986 came
into force soon after the Bhopal Gas Tragedy and is
considered an umbrella legislation as it fills manygaps
in theexisting laws.
⚫Thereafter a large number of laws came into existence
as the problems began arising, for example, Handling
and Management of Hazardous Waste Rules in 1989.
The Environment
Protection Act (1986)
⚫Enacted underarticle 253 of the Indian constitution.
⚫Toprotectand improveenvironmental quality, control
and reduce pollution from all sources.
General
⚫1986 - The Environment (Protection) Rules
⚫Standards of emission ordischargeof environmental
pollutants.
⚫1989 - Theobjectiveof Hazardous Waste
(Managementand Handling) Rules
⚫To control the
generation, collection, treatment, import, storage, and
handling of hazardous waste.
⚫ 1989 - The Manufacture, Storage, and Importof Hazardous Rules
⚫ Defines the terms used in this context, and sets up an authority to
inspect, onceayear, the industrial activityconnected with hazardous
chemicalsand isolated storage facilities.
⚫ 1989 - The Manufacture, Use, Import, Export, and Storage of
hazardous Micro-organisms/ Genetically Engineered Organismsor
Cells Rules
⚫ Introduced to protect theenvironment, nature, and health, in
connection with the application of gene technology and
microorganisms.
⚫ 1991 - The Public Liability Insurance Actand Rules and
Amendment, 1992 S
⚫ Drawn up for the purpose of providing immediate relief to the persons
affected by accidentwhile handling any hazardous substance.
⚫1995 - The National Environmental Tribunal Act
⚫Created to award compensation for damages to persons,
property, and the environment arising from any activity
involving hazardous substances.
⚫1998 - The Biomedical waste (Management and
Handling) Rules
⚫Legal binding on the health care institutions to
streamline the process of proper handling of hospital
waste.
⚫1999 - The Environment ( Siting for Industrial
Projects) Rules, 1999
⚫Lays down detailed provisions relating to areas to be
avoided for siting of industries & precautionary
measures to be taken forsite selection.
⚫2000 - The Municipal Solid Wastes (Management and
Handling) Rules, 2000
⚫Apply to every municipal authority responsible for the
collection, transportation, processing, and disposal of
municipal solid wastes.
⚫2000 - The Ozone Depleting Substances (Regulationand
Control)
⚫ Rules have been laid down forthe regulation of production
and consumption of ozonedepleting substances.
⚫2001 - The Batteries (Management and Handling)
Rules, 2001
⚫ Rules shall apply toevery person involved in the
manufacture, processing, sale, purchase, and use of batteries
or components to regulate and ensure the environmentally
safedisposal of used batteries.
⚫2002 - The Noise Pollution (Regulationand Control)
(Amendment)
⚫Laydown such terms and conditions as are necessary to
reduce noise pollution.
⚫Such as use of loud speakers or public address systems
during night hours (from 10.00 p.m. to 6.00 a.m.) on or
during any cultural or religious festiveoccasion
⚫2002 - The Biological Diversity Act
⚫Isan act to provide forthe sustainable use &
conservation of biological diversity.
Penalties:
⚫Section -15 –EPA dealswith these.
⚫ If a person fails to comply any provision or any
direction issued under this act then he shall be
punished foreach failureas :-
⚫Imprisonment , which mayextend to 5 years, or fine
which mayextend to Rs one lakh or both.
⚫ If failurecontinues afterconviction for 1 st failurean
additional finewhich may be Rs 5000 foreverydaycan
be imposed.
⚫If failurecontinues for 1 year theoffendershall be
imprisoned which mayextend upto 7 years
Forest and wildlife
⚫1927 - The Indian Forest Actand Amendment, 1984,
⚫ It was enacted to ‘consolidate the law related to forest, the
transitof forest produce, and theduty leviableon timberand
otherforest produce’.
⚫1972 - The Wildlife Protection Act, Rules 1973 and
Amendment 1991
⚫ Provides forthe protection of birds, animalsand plantsand
forall matterconnected therewith.
⚫1980 - The Forest (Conservation) Actand
Rules, 1981, provides forthe protection of and the
conservation of the forests.
Penalties
⚫Wildlifeprotection act (9 sept . 1972).
⚫Chapter 6 dealswith prevention & detectionof
offences.
⚫Section 51 dealswith penalties.
⚫Any person whocontravenes any provision or ruleof this
act shall be punished with imprisonment forextent of 3
years , or fineextending upto Rs 25000 or both.
⚫The Indian Forest Act.
⚫Undersection 33 of thisact imprisonment fora term of
6 months or more or fine of Rs 5,000 or both is the
penalty forany person whoviolatesany of the rule
underthisact.
Water
⚫1882 - The Easement Act
⚫ Allows private rights to usea resource that is, groundwater, by
viewing it as an attachment to the land. It also states that all
surfacewater belongs to the stateand is a state property.
⚫1897 - The Indian Fisheries Act
⚫ Establishes two sets of penal offences whereby the
governmentcan sueany person who uses dynamiteorother
explosive substance in any way (whether coastal or inland)
with intent to catch or destroy any fish or poisonous fish in
orderto kill.
⚫1956 - The River Boards Act
⚫Enables the states to enroll the central government in
setting up an Advisory River Board to resolve issues in
inter-statecooperation.
⚫1970 - The Merchant Shipping Act
⚫ Aims todeal with wastearising from shipsalong the
coastal areas within a specified radius.
⚫1974 - The Water (Prevention and Control of Pollution) Act
⚫ establishesan institutional structure forpreventing and
abating waterpollution.
⚫ Itestablishesstandards forwaterquality and effluent.
⚫ The CPCB (Central Pollution Control Board) was constituted
underthis act.
⚫1977 - The Water (Prevention and Control of Pollution)
Cess Act
⚫ Provides forthe levy and collection of feeson water
consuming industriesand local authorities
⚫1991 - The Coastal Regulation Zone Notification
⚫Puts regulations on variousactivities, including
construction.
⚫Itgives some protection to the backwaters and estuaries.
Normal composition
Nitrogen – 78.09 %
Oxygen – 20.94 %
Argon – 0.93 %
Carbon dioxide – 0.32 %
Air
⚫1948 – The Factories Actand Amendment in 1987
⚫First toexpress concern fortheworking environment of
theworkers
⚫1981 - The Air (Prevention and Control of Pollution)
Act
⚫Enacted underarticle 253 of the Indian constitution.
⚫Provides forthecontrol and abatementof air pollution.
⚫1982 - The Air (Prevention and Control of Pollution)
Rules
⚫Defines the procedures of the meetingsof the Boards
and the powers entrusted to them.
⚫1982 - The Atomic Energy Act
⚫Deals with the radioactivewaste.
⚫1987 - The Air (Prevention and Control of Pollution)
Amendment Act
⚫Empowers thecentral and state pollutioncontrol boards
to meetwith grave emergencies of air pollution.
⚫1988 - The MotorVehicles Act
⚫States thatall hazardous waste is to be properly
packaged, labelled , and transported.
Penalties
⚫Section 37 dealswith these.
⚫Punishment forviolating anyof the rule underthisact
shall be :-
⚫Imprisonment forterm which shall not be less than one
yearor 6 months & mayextend to 6 years orwith fine.
⚫In case failurecontinues an additional fine of Rs 500 per
day.
⚫If failure continues beyond one year the punishment
shall be imprisonment for term which shall not be less
then 2 years & mayextend to 7 years & with fine.
Protection of action under
good faith.
⚫No legal proceedings shall lieagainst thegovt. orany
officer of govt ; member or employer or board in
respectof anything or intended to bedone in good
faith.
WhistleBlowing
BreakingTheSilence
“Whistle Blowing is the
instance of reporting improper
activities to an appropriate
person.’’ – Richard T.De
George
Features
• Individual Act : Whistle Blowing is an act of an individual i.e.
a person or a group of person.
• Moral Motive : The Whistle Blowing is done for a public good
rather than for some selfish motive.
• Reasonable Belief : The Whistle Blower beliefs that the
conduct for an activity reported is inappropriate.
• Calling Attention : Whistle Blowing means calling
attention of proper authority to something which is
wrong.
• Expectation Of Positive Response : The Whistle
Blower expects the organization or the external agency
to respond positively.
• Voluntary Act : Whistle Blowing is voluntary and
deliberate as there is no legal obligation to do so.
• Several Types : The Person Blowing The Whistle
maybe an insider or an outsider. It maybe against a
person, an organization or a group and a government.
Types Of
Whistle
Blowing
• Internal Whistle Blowing : It refers to disclose
about the improper conduct of a person within the
organization. Its purpose is to get the matter
investigated in accordance with the organization’s
rules and procedures.
• External Whistle Blowing : It refers to disclosure
to outside agencies such as the media,
enforcement authorities and public interest
groups.
• Personal Whistle Blowing : When a person or class
of persons is subjected to immoral behavior or
exploitation, the disclosure is called personal whistle
blowing.
• Corporate Whistle Blowing : It refers to disclosure
about misconduct on the part of a company.
• Government Whistle Blowing : It refers to
disclosure about wrong or immoral conduct on the
part of government officials or department.
MotivesOf Whistle Blowing
• To Enforce Ethical Conduct : Whistle Blowing is done to make
the person or organization realize and adopt ethical behavior.
• To Highlight the Dangers : One of the reasons behind whistle
blowing is to point out the possible dangers from the use of a
product or technology.
• To Highlight Threat to Public : Disclosure is also made to
point out the danger to life and property due to a defective
product or technique.
• To Motivate Towards Morality : One of the motives of whistle
blowing is to inspire the mangers or government officials to
adopt morals value and ethical practices.
IsWhistleBlowingMorallyJustified?
• When whistle blowing is based on an appropriate
motive or utmost good faith.
• When the whistle blower has exhausted all internal
channels.
• When the whistle blower’s belief regarding the
inappropriate conduct is based on reasonable evidence.
• When the whistle blower’s action has some chance of
exposing and/or avoiding the moral violation.
• When the whistle blower’s action is commensurate with
responsibility for avoiding and/or exposing moral
violation.
Whenwhistleblowingismorallyunjustified?
• Breach of trust : When the disclosure amounts to breach of
trust on the part of the person making the disclosure.
• Internal Channels not used : When the person making the
disclosure has not tried internal channels to prevent or stop the
wrongdoing or misconduct.
• Insufficient Evidence : When there is lack of clear and
substantiated evidence that the organization is doing something
wrong which cause serious harm to the other parties.
• Little Chance Of success : Whistle blowing is not justified
incase it is uncertain that it will prevent the wrong.
Protected
disclosure
A protected disclosure is a qualifying disclosure under the
Employment Rights Act 1996 that is made by a worker that
they reasonably believe shows serious wrongdoing within the
workplace. This will typically relate to some form of dangerous or
illegal activity that the person has witnessed at work.
What is a protected
disclosure?
To qualify for protection, you must have a “reasonable
belief ” that a wrongdoing has occurred, or is likely to incure,
and that it is not in the public interest. It is not necessary for
the wrongdoing to have actually occurred, but that you
believe it to be true.
In order for such a disclosure to be protected a
worker must:
•Reasonably believe that the information disclosed and any
allegation is substantially true;
•The disclosure is not made for personal gain;
•The making of the disclosure in public is in all the
circumstances, reasonable
Tax Reformation in
India
Tax
• A fee charged ("levied") by a government on
a product, income, or activity.
• If tax is levied directly on personal or corporate income,
then it is a direct tax.
• If tax is levied on the price of a good or service, then it is
called an indirect tax.
• The purpose of taxation is to finance government
expenditure.
• One of the most important uses of taxes is to finance public
goods and services, such as street lighting and street
cleaning.
Sales Tax
• Under sales tax, tax is levied on every sale made.
• For example if a dealer (say A) sold goods to another dealer
(say B) he collects local sales tax from such dealer which is
normally included in his sale price.If dealer B again sells
goods to another dealer (say C) he again collects tax on
sales made by him.The tax levied by dealer B shall be on his
sale price i.e (his purchase price + profit ). As his purchase
price already includes tax paid by him,sales tax includes tax
on tax already paid i.e it is repetetive in nature.
Under VAT (value added tax) the tax is on sales made by
any dealer levied only on value added at each selling
point.so it is not repetetive in nature.
Value Added Tax(VAT)
• Sales tax is retail only.
• Value-Added tax is a tax at every step of the
inventory process
• Taxed at every step from manufacturer to
distributor to warehouser to retailer to
customer.
• VAT is uniform; whereas sales tax differs from
state to state.
Goods and Service Tax (GST)
• The Goods and Service Tax (GST) is a Value Added
Tax (VAT) to be implemented in India, from April 2016.
• GST is comprehensive tax mechanism where in all
major indirect taxes are clubbed into one, whether
they are levied on services(service tax) or goods(excise
and vat).
• Government had promised that GST will reduce the
compliance burdens at present.
• One of the aims of introducing GST is to reduce the
cascading effects of taxes which is the primary focus of
VAT but vat system is not comprehensive enough to do
so.
Dual GST
• CGST,SGST
VATVs GST
• VAT is value added tax (on products). GST
(Goods and Services Tax) is like VAT but
applies to Services also (apart from products).
• In India, we have VAT and Service Tax.
Whereas in many countries you have only GST
that applies to both products and services.
History
• In 2000, the Vajpayee Government started discussion on
GST by setting up an empowered committee.
• An announcement was made by Palaniappan
Chidambaram, the Union Finance Minister, during the
central budget of 2007–2008 that it would be introduced
from April 1, 2010.
• After this announcement, the Empowered Committee of
State Finance Ministers decided to set up a Joint Working
Group on May 10, 2007, with the Adviser to the Union
Finance Minister and the Member-Secretary of Empowered
Committee as co-convenors and the concerned Joint
Secretaries of the Department of Revenue of Union Finance
Ministry and all Finance Secretaries of the states as its
members.
• The Joint Working Group, after intensive internal discussions as well
as interaction with experts and representatives of Chambers of
Commerce and Industry, submitted its report to the Empowered
Committee on November 19, 2007.
• This report was then discussed in detail in the meeting of
Empowered Committee on November 28, 2007.
• On the basis of this discussion and the written observations of the
states, certain modifications were made, and a final version of the
views of Empowered Committee at that stage was prepared and
was sent to the Government of India (April 30, 2008).
• The comments of the Government of India were received on
December 12, 2008 and were duly considered by the Empowered
Committee (December 16, 2008).
Centre Includes Compensation in GST
Amendment Bill
• The Centre has included in the Goods and Services Tax
(GST) Constitutional Amendment Bill the compensation
which will be paid to states for revenue loss on account
of rolling out the new indirect tax regime.
• The Bill was introduced in the Lok Sabha on December
19.
• While liquor has been completely kept out of the GST,
petroleum products like petrol and diesel will be part
of the new regime from a date to be decided at a
future date by the GST Council, which will have two-
third of its members from states.
India's GST structure is complex, says IMF
• Report says the proposed GST structure will require the
Centre to coordinate with 30 states, which is an
administrative challenge.
• Even as the International Monetary Fund (IMF) says the
proposed goods and services tax (GST) will improve tax
compliance and enhance economic growth by 1-1.5 per
cent over time, it finds the structure of the indirect tax
regime in India complex.
• “The GST design being contemplated is... fairly complex,
with a dual administration arrangement that involves the
tax authorities of both the Centre and states separately
taxing a single transaction,” says the Fund in a report on
India.
Analysis on Budget 2015 - 2016
• Excise Duty & Service Tax
1.Rise in Excise Duty & Service tax(ST
increased to 14% from 12.36%) was seen
making it getting sync with the GST rates of
27%.
2.This is because the GST rate would not be
felt as a burden when it is adopted
3.Also, this would fund the CG as it requires
compensation payment to the states
Thank Q

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PPLE

  • 1. PREPARED B Y : Shaik Mohd Ishaq PROFFESSIONALETHICS
  • 2. WHAT IS A PROFESSION? ⚫A profession as a vocation requiring advanced education and training. ⚫A profession is a job that requires specific training and is regulated by certain standards. ⚫ According to Roscoe Pound he defined profession as a group pursuing a learned art as a common calling in the spirit of public service.
  • 3. PROFESSIONAL ETHICS ⚫ A profession is a vocation founded upon specialized high educational training, the purpose of which is to supply objective counsel and service to others, for a direct and definite compensation. ⚫ Professional ethics encompass the corporate standards of behavior personal and expected of professionals. ⚫ Professional Ethics is concerned with one’s behavior and conduct when carrying out professional work. It is codified and varies across different cultures. ⚫ Professional ethics the ethical norms, values, and principles that guide a profession and the ethics of decisions made within the profession.
  • 5. DEFINITION OF PROFESSIONAL ETHICS ⚫ Banks (2003) explains that “a code of ethics is usually a written document produced by a professional association, occupational regulatory body, or other professional body with the stated aim of guiding the practitioners who are members, protecting service users and safeguarding the reputation of the profession”. ⚫ The Secondary Education Commission has stated “They (teachers) will not look upon their work as an unpalatable means of carrying a scanty living but as an avenue through which they are rendering significant social services as well as finding some measure of self- fulfilment and self-expression.”
  • 6. CONCEPT OF PROFESSIONAL ETHICS ⚫Professional ethics is a set of beliefs that a teacher accepts concerning relationships with students, colleagues, employers, and parents(or guardians and caregivers of children), all of whom are stakeholders in the life of the teacher. These principles guide the teacher in their daily activities in working with their stakeholders ⚫Professional ethics give a certain set of broad principles derived in turn from a spectrum of values which are arrived at after deep philosophical reflection on the nature and role of the profession in the life of mankind.
  • 7. COMPONENTS OF PROFESSIONAL ETHICS Some professional organizations may define their ethical approach in terms of a number of discrete components. Typically these include: ⚫ Honesty ⚫ Integrity ⚫ Transparency ⚫ Accountability ⚫ Confidentiality ⚫ Objectivity ⚫ Respectfulness ⚫ Obedience to the Law
  • 8. HONESTY ⚫Honesty refers to a facet of moral character and denotes positive, virtuous attributes such as integrity, truthfulness, and straightforwardness along with the absence of lying, cheating, or theft. “Honesty is the best policy. If I lose mine honor, I lose myself.” -William Shakespeare
  • 9. INTEGRITY ⚫Integrity is a concept of consistency of actions, values, methods, measures, principles, expectations, and outcomes. Integrity can be regarded as the opposite of hypocrisy, that it regards internal consistency as a virtue. “Integrity without knowledge is weak and useless, and knowledge without integrity is dangerous and dreadful.” - Samuel Johnson
  • 10. TRANSPARENCY ⚫Transparency is a general quality. It is implemented by a set of policies, practices and procedures. It allow citizens to have accessibility, usability, utility, understandability, in formativeness and auditability of information and process held by centers of authority (society or organizations). “A lack of transparency results in distrust and a deep sense of insecurity.” -Dalai Lama
  • 11. ACCOUNTABILITY ⚫ Accountability is often used synonymously with such concepts as answerability, blameworthiness, liability. It is the acknowledgment and assumption of responsibility for actions, products, decisions, and policies and be answerable for resulting consequences. It cannot exist without proper accounting practices. “When a man points a finger at someone else, he should are pointing at remember that four of his fingers himself.” — Louis Nizer
  • 12. CONFIDENTIALITY ⚫ Confidentiality is an ethical principle of discretion associated with the professions, such as medicine, law, psychotherapy. In business, the confidentiality of information, a mainstream adaptation of the “need to know” . ⚫ Confidentiality regarding: 1. Whose interests 2. Which interests ⚫ Confidential information of: 1. Worker 2. Employer 3. Colleague 4. Competitor “In intelligence work, there are limits to the amount of information one can share. Confidentiality is essential.” -Gijs de Vries
  • 13. OBJECTIVITY ⚫Objectivity is a principle of journalistic professionalism. Objectivity in journalism enables highly accelerated news reporting and delivery, which sometimes is at tension with standards of objectivity. “The belief in objectivity is a faith in 'facts,' a distrust in 'values,' and a commitment to their segregation.“ -Michael Schudson
  • 14. RESPECTFULNESS ⚫ Respect gives a positive feeling of esteem for a person and conduct representative of that esteem. Respect can be a specific feeling of regard for the actual qualities of the one respected. Rude conduct is usually considered to indicate a lack of respect, disrespect, whereas actions that honor somebody or something indicate respect. The opposite of respect is contempt. “I speak to everyone in the same way, whether he is the garbage man or the president of the university.” -Albert Einstein
  • 15. OBEDIENCE TO LAW Law is the set of enforced rules under which a society is governed. Law is one of the most basic social institutions- and one of the most necessary. The law thus establishes the rules that define a person's rights and obligations. The law also sets penalties for people who violate these rules. In fact, laws frequently are changed to reflect changes in a society's needs and attitudes. Law is a system of rules and guidelines which are enforced through social institutions to govern behavior. “An unjust law is itself a species of violence. Arrest for its breach is more so.” -Mahatma Gandhi
  • 16. Engineering ethics Engineering ethics is the field of system of moral principles that apply to the practice of engineering. The field examines and sets the obligations by engineers to society, to their clients, and to the profession. The purpose of engineering ethics is to identify specific ethical issues that may arise in order to avoid a potential problem. Past ethical or technical issues can help engineers to learn from both previous failures and successes.
  • 17.
  • 18. Standards or codes of behavior expected of an individual by a group ( nation , organization, profession) to which the individual belongs. A set of beliefs about right and wrong behavior within a society. 9/19/2012 2
  • 20. Code of ethics is one that I feel is important in life, both personally and professionally.
  • 21. PERSONAL CODE OF ETHICS 9/19/2012 7
  • 23. TRUTH • Comply with fact or reality.
  • 25. FAIRNESS Being just and unbiased. 9/19/2012 25
  • 26. RESPONSIBILITY • Fact of being responsible. Coincides with the terms Reliability or Dependability. 9/19/2012 26
  • 27. INTEGRITY •Integrity is a concept of consistency of actions, values, methods, measures, principles, expectations, and outcomes. •Integration of honesty and truthfulness or accuracy of one's actions. • Opposite of Hypocrisy. 9/19/2012 27
  • 28. RESPECT • Respect thyself. • Respect others. 9/19/2012 28
  • 29. TRUST
  • 31. HARMONY • To fit together, to join. • Opposite to Monotony. 9/19/2012 31
  • 33. COURAGE • The quality of mind or spirit that enables a person to face difficulty, danger, pain, etc. 9/19/2012 33
  • 35. COMPASSION • Compassion is the virtue of empathy for the suffering of others. 9/19/2012 35
  • 36. WHY PERSONAL CODE OF ETHICS 9/19/2012 36 • To define accepted/acceptable behaviors; • To promote high standards of practice; • To provide a benchmark for individuals to use as self evaluation; • To establish a framework for professional behavior and responsibilities; • As a vehicle for occupational identity & maturity.
  • 37. CONCLUSION • A man of dignity. 9/19/2012 37
  • 38. CONCLUSION • A man to be followed and admired. 9/19/2012 38
  • 39. CONCLUSION • Pave the way to success.
  • 40.
  • 41.
  • 42. White Collar Job A job with attractive perks?
  • 43.
  • 45.
  • 47. • 360 perspective • Maturity in Judgment • Serving the welfare to public • Supporting the profession at all mean
  • 48. BRANDED UNPROFESSIONA LISM • Dropping your Commitment • Blaming others for your mistake • Assaulting other people senses • Throwing your workers to wolves
  • 49.
  • 51. PROFESSIONALISM IDEALS AND VIRTUES IDEALS Being Perfect VIRTUE  High Moral Standard
  • 53.
  • 55. THEORIES ABOUT VIRTUE T R A D I T I O N A L To attain harmony Truthfulness Confidentiality Courageous M O D E R N Public Good Internal Good
  • 56. PROFESSIONAL RESPONSIBILITY AS A PROFESSIONAL VIRTUE Comm itment Self Directed Virtue Perceptio n Justice Public Spirite d Virtue Generosity Loyalty Respec t for Authorit y Team Work Virtue Co- operative ness Self Respect Proficiency Virtue Integrity
  • 58. What is Professional Responsibility? ⦿ Legal and moral duty of a professional to apply his or her knowledge in ways that benefit his or her client, and the wider society, without causing any injury to either.
  • 59. Why we need to practise it? ⦿With knowledge and skills , professionals have the power to do great things. With this power, he has a tremendous responsibilities to individuals, organisation and society. ⦿This helps us in decision making which ensures us to act responsibly.
  • 60. MasterYourWork Learn to be expert and effective in your work, no matter whether you like the job or not, it's the right attitude that matters. There is no work which is too high or low; what matters is how you effectively and joyfully take it up. List out the things you have to learn in your work and find your own method. You need not be in a hurry to learn everything in a short period; stick to a reasonable time frame and consistently.
  • 61. Enhance Your Communication Skills To be successful as a professional, you must be able to express yourself well both in speaking and in writing. These skills help to demonstrate your competencies in many areas.
  • 62. ActAs a Leader Leaders inspire others around them to collaborate, work together and strive to be the best they can. Leadership traits are often innate, but can be learned and enhanced by various workshops and seminars. The important things to remember about being a leader is that you are a role model, your presence effects the mood of the entire workplace, and leaders aren't always right. Being a leader means that you stand up for what you believe in and work hard to achieve your goals.
  • 63. Be Honest & Confidential This is the key to become professional at work. Never lie or be dishonest; dishonesty will eventually out. If you are honest, you gain respect. Being honest at work creates a kind of positive energy and boldness.
  • 64. Embrace a Positive Attitude When approaching life and your career with a good attitude and enthusiasm, goals and objectives are achieved much easier. You must be passionate about your career in order for it to be successful. A positive attitude goes a long way to assist you if your career hits a rough spot and you need to adjust your path.
  • 65. Collaborate And Cooperate With Others It's common that in the workplace, teamwork is stressed as the most efficient and effective way to complete important projects or assignments. By being willing to work with others, you increase your odds of being effective and successful. Accept all at work
  • 66. Possess Ambition It would be difficult to find a successful professional who lacks ambition or the goal to succeed. However, ambition without goals or a focus doesn't achieve success. Someone who hopes to become successful must identify goals, benchmarks and other important objectives as he works along in his career
  • 67. Whistleblower A person who informs on a person or organization regarded as engaging in an unlawful or immoral activity.
  • 69. MEANING OF CONFLICT OF INTEREST In 2005 THERE was an interesting case The issue was that the finance minister wife had joined the income tax department which was under her husband charge . The implication was that she was misusing her husband position of political and government power When a person’s personal concerns stand to benefit from the professional ones , a case is made for conflict of interest ( A manager sanctioning loan to his relative)
  • 70. Kinds of conflict of interest  Public –Private conflict  Outside employment  Receiving gifts from vendors to the company  When an organization is asked to investigate its own affairs it will make exceptions to suit itself ( Audit)  The purchase manager buys only from those suppliers who are friends or relatives  Revolving door: It is where officials quitting public offices get into some corporation and pass insider information
  • 71. METHODS TO AVOID CONFLICT OF INTEREST ➢Prevention ➢Disclosure ➢Recusal ➢Third party evaluation ➢Code of ethics
  • 72. 1 Prevention : Before occupyin.gany position in the department one should carefully examine all the policies of that department so in order to prevent COI 2. Disclosure : In INDIA the rule is that every body has to disclose his assets which he posses Ex. POLITICIAN, Financial statements(true profit) 3.Recusal : In order to make a free and fair transaction , there may be withdrawal of ones position EX. There are 5 BOD (Board of Directors) who have to give an order to 1 supplier among the list and 1 BOD (Board of Directors) knew some of the parties so in order to avoid COI he should not participate
  • 73. 4. Third party evaluation: T. hird party evaluators are called when any transaction involves people from within the company eg To fix a price of product 5.Code of ethics : Well established COE help in avoiding the conflict of interest
  • 74. . Ways to solve conflict of interest 1. Admit possible conflict of interest If you are upright person and you know that you have done nothing wrong and yet are being accused of conflict of interest , then be open to investigation It is natural to resist in order to defend your image 2. Determine conflict of interest You must begin the process of identifying the nature of conflict as most of the conflicts may be determined easily and rectified by disclosures and recusals
  • 75. . 3. Take immediate action Action should be taken immediately once COI is identified Ex If a politician holding a minister post is charged against COI than it is morally advisable to resign from public post until cleared all charges 4 Create a code of conduct COI will always teach you regarding creation of a personal code of conduct Make effort to re create and re work on it 5.Apply After a bad experience of COI one should always try to apply a new code of conduct
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  • 81.
  • 82. Introduction ⚫The Constitution of India clearly states that it is the dutyof the state to ‘protectand improve the environmentand tosafeguard the forestsand wildlife of thecountry’. ⚫The Departmentof Environmentwas established in India in 1980.This later became the Ministry of Environmentand Forests in 1985.
  • 83. Contd..: ⚫The EPA (Environment Protection Act), 1986 came into force soon after the Bhopal Gas Tragedy and is considered an umbrella legislation as it fills manygaps in theexisting laws. ⚫Thereafter a large number of laws came into existence as the problems began arising, for example, Handling and Management of Hazardous Waste Rules in 1989.
  • 84.
  • 85. The Environment Protection Act (1986) ⚫Enacted underarticle 253 of the Indian constitution. ⚫Toprotectand improveenvironmental quality, control and reduce pollution from all sources.
  • 86. General ⚫1986 - The Environment (Protection) Rules ⚫Standards of emission ordischargeof environmental pollutants. ⚫1989 - Theobjectiveof Hazardous Waste (Managementand Handling) Rules ⚫To control the generation, collection, treatment, import, storage, and handling of hazardous waste.
  • 87. ⚫ 1989 - The Manufacture, Storage, and Importof Hazardous Rules ⚫ Defines the terms used in this context, and sets up an authority to inspect, onceayear, the industrial activityconnected with hazardous chemicalsand isolated storage facilities. ⚫ 1989 - The Manufacture, Use, Import, Export, and Storage of hazardous Micro-organisms/ Genetically Engineered Organismsor Cells Rules ⚫ Introduced to protect theenvironment, nature, and health, in connection with the application of gene technology and microorganisms. ⚫ 1991 - The Public Liability Insurance Actand Rules and Amendment, 1992 S ⚫ Drawn up for the purpose of providing immediate relief to the persons affected by accidentwhile handling any hazardous substance.
  • 88. ⚫1995 - The National Environmental Tribunal Act ⚫Created to award compensation for damages to persons, property, and the environment arising from any activity involving hazardous substances. ⚫1998 - The Biomedical waste (Management and Handling) Rules ⚫Legal binding on the health care institutions to streamline the process of proper handling of hospital waste.
  • 89. ⚫1999 - The Environment ( Siting for Industrial Projects) Rules, 1999 ⚫Lays down detailed provisions relating to areas to be avoided for siting of industries & precautionary measures to be taken forsite selection. ⚫2000 - The Municipal Solid Wastes (Management and Handling) Rules, 2000 ⚫Apply to every municipal authority responsible for the collection, transportation, processing, and disposal of municipal solid wastes.
  • 90. ⚫2000 - The Ozone Depleting Substances (Regulationand Control) ⚫ Rules have been laid down forthe regulation of production and consumption of ozonedepleting substances. ⚫2001 - The Batteries (Management and Handling) Rules, 2001 ⚫ Rules shall apply toevery person involved in the manufacture, processing, sale, purchase, and use of batteries or components to regulate and ensure the environmentally safedisposal of used batteries.
  • 91. ⚫2002 - The Noise Pollution (Regulationand Control) (Amendment) ⚫Laydown such terms and conditions as are necessary to reduce noise pollution. ⚫Such as use of loud speakers or public address systems during night hours (from 10.00 p.m. to 6.00 a.m.) on or during any cultural or religious festiveoccasion ⚫2002 - The Biological Diversity Act ⚫Isan act to provide forthe sustainable use & conservation of biological diversity.
  • 92. Penalties: ⚫Section -15 –EPA dealswith these. ⚫ If a person fails to comply any provision or any direction issued under this act then he shall be punished foreach failureas :- ⚫Imprisonment , which mayextend to 5 years, or fine which mayextend to Rs one lakh or both. ⚫ If failurecontinues afterconviction for 1 st failurean additional finewhich may be Rs 5000 foreverydaycan be imposed. ⚫If failurecontinues for 1 year theoffendershall be imprisoned which mayextend upto 7 years
  • 93.
  • 94. Forest and wildlife ⚫1927 - The Indian Forest Actand Amendment, 1984, ⚫ It was enacted to ‘consolidate the law related to forest, the transitof forest produce, and theduty leviableon timberand otherforest produce’. ⚫1972 - The Wildlife Protection Act, Rules 1973 and Amendment 1991 ⚫ Provides forthe protection of birds, animalsand plantsand forall matterconnected therewith. ⚫1980 - The Forest (Conservation) Actand Rules, 1981, provides forthe protection of and the conservation of the forests.
  • 95. Penalties ⚫Wildlifeprotection act (9 sept . 1972). ⚫Chapter 6 dealswith prevention & detectionof offences. ⚫Section 51 dealswith penalties. ⚫Any person whocontravenes any provision or ruleof this act shall be punished with imprisonment forextent of 3 years , or fineextending upto Rs 25000 or both.
  • 96. ⚫The Indian Forest Act. ⚫Undersection 33 of thisact imprisonment fora term of 6 months or more or fine of Rs 5,000 or both is the penalty forany person whoviolatesany of the rule underthisact.
  • 97.
  • 98. Water ⚫1882 - The Easement Act ⚫ Allows private rights to usea resource that is, groundwater, by viewing it as an attachment to the land. It also states that all surfacewater belongs to the stateand is a state property. ⚫1897 - The Indian Fisheries Act ⚫ Establishes two sets of penal offences whereby the governmentcan sueany person who uses dynamiteorother explosive substance in any way (whether coastal or inland) with intent to catch or destroy any fish or poisonous fish in orderto kill.
  • 99. ⚫1956 - The River Boards Act ⚫Enables the states to enroll the central government in setting up an Advisory River Board to resolve issues in inter-statecooperation. ⚫1970 - The Merchant Shipping Act ⚫ Aims todeal with wastearising from shipsalong the coastal areas within a specified radius.
  • 100. ⚫1974 - The Water (Prevention and Control of Pollution) Act ⚫ establishesan institutional structure forpreventing and abating waterpollution. ⚫ Itestablishesstandards forwaterquality and effluent. ⚫ The CPCB (Central Pollution Control Board) was constituted underthis act. ⚫1977 - The Water (Prevention and Control of Pollution) Cess Act ⚫ Provides forthe levy and collection of feeson water consuming industriesand local authorities
  • 101. ⚫1991 - The Coastal Regulation Zone Notification ⚫Puts regulations on variousactivities, including construction. ⚫Itgives some protection to the backwaters and estuaries.
  • 102. Normal composition Nitrogen – 78.09 % Oxygen – 20.94 % Argon – 0.93 % Carbon dioxide – 0.32 %
  • 103. Air ⚫1948 – The Factories Actand Amendment in 1987 ⚫First toexpress concern fortheworking environment of theworkers ⚫1981 - The Air (Prevention and Control of Pollution) Act ⚫Enacted underarticle 253 of the Indian constitution. ⚫Provides forthecontrol and abatementof air pollution.
  • 104. ⚫1982 - The Air (Prevention and Control of Pollution) Rules ⚫Defines the procedures of the meetingsof the Boards and the powers entrusted to them. ⚫1982 - The Atomic Energy Act ⚫Deals with the radioactivewaste.
  • 105. ⚫1987 - The Air (Prevention and Control of Pollution) Amendment Act ⚫Empowers thecentral and state pollutioncontrol boards to meetwith grave emergencies of air pollution. ⚫1988 - The MotorVehicles Act ⚫States thatall hazardous waste is to be properly packaged, labelled , and transported.
  • 106. Penalties ⚫Section 37 dealswith these. ⚫Punishment forviolating anyof the rule underthisact shall be :- ⚫Imprisonment forterm which shall not be less than one yearor 6 months & mayextend to 6 years orwith fine. ⚫In case failurecontinues an additional fine of Rs 500 per day. ⚫If failure continues beyond one year the punishment shall be imprisonment for term which shall not be less then 2 years & mayextend to 7 years & with fine.
  • 107. Protection of action under good faith. ⚫No legal proceedings shall lieagainst thegovt. orany officer of govt ; member or employer or board in respectof anything or intended to bedone in good faith.
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  • 111. BreakingTheSilence “Whistle Blowing is the instance of reporting improper activities to an appropriate person.’’ – Richard T.De George
  • 112. Features • Individual Act : Whistle Blowing is an act of an individual i.e. a person or a group of person. • Moral Motive : The Whistle Blowing is done for a public good rather than for some selfish motive. • Reasonable Belief : The Whistle Blower beliefs that the conduct for an activity reported is inappropriate.
  • 113. • Calling Attention : Whistle Blowing means calling attention of proper authority to something which is wrong. • Expectation Of Positive Response : The Whistle Blower expects the organization or the external agency to respond positively. • Voluntary Act : Whistle Blowing is voluntary and deliberate as there is no legal obligation to do so. • Several Types : The Person Blowing The Whistle maybe an insider or an outsider. It maybe against a person, an organization or a group and a government.
  • 114. Types Of Whistle Blowing • Internal Whistle Blowing : It refers to disclose about the improper conduct of a person within the organization. Its purpose is to get the matter investigated in accordance with the organization’s rules and procedures. • External Whistle Blowing : It refers to disclosure to outside agencies such as the media, enforcement authorities and public interest groups.
  • 115. • Personal Whistle Blowing : When a person or class of persons is subjected to immoral behavior or exploitation, the disclosure is called personal whistle blowing. • Corporate Whistle Blowing : It refers to disclosure about misconduct on the part of a company. • Government Whistle Blowing : It refers to disclosure about wrong or immoral conduct on the part of government officials or department.
  • 116. MotivesOf Whistle Blowing • To Enforce Ethical Conduct : Whistle Blowing is done to make the person or organization realize and adopt ethical behavior. • To Highlight the Dangers : One of the reasons behind whistle blowing is to point out the possible dangers from the use of a product or technology. • To Highlight Threat to Public : Disclosure is also made to point out the danger to life and property due to a defective product or technique. • To Motivate Towards Morality : One of the motives of whistle blowing is to inspire the mangers or government officials to adopt morals value and ethical practices.
  • 117.
  • 118. IsWhistleBlowingMorallyJustified? • When whistle blowing is based on an appropriate motive or utmost good faith. • When the whistle blower has exhausted all internal channels. • When the whistle blower’s belief regarding the inappropriate conduct is based on reasonable evidence. • When the whistle blower’s action has some chance of exposing and/or avoiding the moral violation. • When the whistle blower’s action is commensurate with responsibility for avoiding and/or exposing moral violation.
  • 119. Whenwhistleblowingismorallyunjustified? • Breach of trust : When the disclosure amounts to breach of trust on the part of the person making the disclosure. • Internal Channels not used : When the person making the disclosure has not tried internal channels to prevent or stop the wrongdoing or misconduct. • Insufficient Evidence : When there is lack of clear and substantiated evidence that the organization is doing something wrong which cause serious harm to the other parties. • Little Chance Of success : Whistle blowing is not justified incase it is uncertain that it will prevent the wrong.
  • 120. Protected disclosure A protected disclosure is a qualifying disclosure under the Employment Rights Act 1996 that is made by a worker that they reasonably believe shows serious wrongdoing within the workplace. This will typically relate to some form of dangerous or illegal activity that the person has witnessed at work.
  • 121. What is a protected disclosure? To qualify for protection, you must have a “reasonable belief ” that a wrongdoing has occurred, or is likely to incure, and that it is not in the public interest. It is not necessary for the wrongdoing to have actually occurred, but that you believe it to be true.
  • 122. In order for such a disclosure to be protected a worker must: •Reasonably believe that the information disclosed and any allegation is substantially true; •The disclosure is not made for personal gain; •The making of the disclosure in public is in all the circumstances, reasonable
  • 124. Tax • A fee charged ("levied") by a government on a product, income, or activity. • If tax is levied directly on personal or corporate income, then it is a direct tax. • If tax is levied on the price of a good or service, then it is called an indirect tax. • The purpose of taxation is to finance government expenditure. • One of the most important uses of taxes is to finance public goods and services, such as street lighting and street cleaning.
  • 125. Sales Tax • Under sales tax, tax is levied on every sale made. • For example if a dealer (say A) sold goods to another dealer (say B) he collects local sales tax from such dealer which is normally included in his sale price.If dealer B again sells goods to another dealer (say C) he again collects tax on sales made by him.The tax levied by dealer B shall be on his sale price i.e (his purchase price + profit ). As his purchase price already includes tax paid by him,sales tax includes tax on tax already paid i.e it is repetetive in nature. Under VAT (value added tax) the tax is on sales made by any dealer levied only on value added at each selling point.so it is not repetetive in nature.
  • 126. Value Added Tax(VAT) • Sales tax is retail only. • Value-Added tax is a tax at every step of the inventory process • Taxed at every step from manufacturer to distributor to warehouser to retailer to customer. • VAT is uniform; whereas sales tax differs from state to state.
  • 127. Goods and Service Tax (GST) • The Goods and Service Tax (GST) is a Value Added Tax (VAT) to be implemented in India, from April 2016. • GST is comprehensive tax mechanism where in all major indirect taxes are clubbed into one, whether they are levied on services(service tax) or goods(excise and vat). • Government had promised that GST will reduce the compliance burdens at present. • One of the aims of introducing GST is to reduce the cascading effects of taxes which is the primary focus of VAT but vat system is not comprehensive enough to do so.
  • 129. VATVs GST • VAT is value added tax (on products). GST (Goods and Services Tax) is like VAT but applies to Services also (apart from products). • In India, we have VAT and Service Tax. Whereas in many countries you have only GST that applies to both products and services.
  • 130. History • In 2000, the Vajpayee Government started discussion on GST by setting up an empowered committee. • An announcement was made by Palaniappan Chidambaram, the Union Finance Minister, during the central budget of 2007–2008 that it would be introduced from April 1, 2010. • After this announcement, the Empowered Committee of State Finance Ministers decided to set up a Joint Working Group on May 10, 2007, with the Adviser to the Union Finance Minister and the Member-Secretary of Empowered Committee as co-convenors and the concerned Joint Secretaries of the Department of Revenue of Union Finance Ministry and all Finance Secretaries of the states as its members.
  • 131. • The Joint Working Group, after intensive internal discussions as well as interaction with experts and representatives of Chambers of Commerce and Industry, submitted its report to the Empowered Committee on November 19, 2007. • This report was then discussed in detail in the meeting of Empowered Committee on November 28, 2007. • On the basis of this discussion and the written observations of the states, certain modifications were made, and a final version of the views of Empowered Committee at that stage was prepared and was sent to the Government of India (April 30, 2008). • The comments of the Government of India were received on December 12, 2008 and were duly considered by the Empowered Committee (December 16, 2008).
  • 132.
  • 133.
  • 134. Centre Includes Compensation in GST Amendment Bill • The Centre has included in the Goods and Services Tax (GST) Constitutional Amendment Bill the compensation which will be paid to states for revenue loss on account of rolling out the new indirect tax regime. • The Bill was introduced in the Lok Sabha on December 19. • While liquor has been completely kept out of the GST, petroleum products like petrol and diesel will be part of the new regime from a date to be decided at a future date by the GST Council, which will have two- third of its members from states.
  • 135. India's GST structure is complex, says IMF • Report says the proposed GST structure will require the Centre to coordinate with 30 states, which is an administrative challenge. • Even as the International Monetary Fund (IMF) says the proposed goods and services tax (GST) will improve tax compliance and enhance economic growth by 1-1.5 per cent over time, it finds the structure of the indirect tax regime in India complex. • “The GST design being contemplated is... fairly complex, with a dual administration arrangement that involves the tax authorities of both the Centre and states separately taxing a single transaction,” says the Fund in a report on India.
  • 136. Analysis on Budget 2015 - 2016 • Excise Duty & Service Tax 1.Rise in Excise Duty & Service tax(ST increased to 14% from 12.36%) was seen making it getting sync with the GST rates of 27%. 2.This is because the GST rate would not be felt as a burden when it is adopted 3.Also, this would fund the CG as it requires compensation payment to the states