Transfer from articleship in second year of articleship.

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Querist : Anonymous

Querist : Anonymous (Querist)

19 June 2013 sir i am doing articleship in bangalore city but my native 250 KM away from bangalore and my health condition is not good ( suffering from piles and gastric problem) i need home food to reduce these problem but here in bangalore i am not getting any home food so i am planing to shift for my native,can i get transfer plz help me sir/. whether this reason can ICAI accept as valid reason.

Ganeshbabu K

Ganeshbabu K (Expert)
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19 June 2013 1)icai may permit you to take transfer with the given reason

2)you need to take prior permission from icai for transfer.

3)The articled assistants are required, in the first instance, to get the consent of the Institute before getting Form 109 signed by the Principal, in their own interest.

4)The request, on any one or more of the aforesaid grounds, of an articled assistant on a plain paper with recommendations of the Principal for transfer / termination of articleship accompanied by evidence/proof (self-attested by the articled assistant) to the satisfaction of the Institute be made.
http://www.icai.org/new_post.html?post_id=4639

4)Dont send form 109 with out prior permission from icai--
http://www.icai.org/new_post.html?post_id=7267

Thanks & regards
Ganesh babu k

Querist : Anonymous

Querist : Anonymous (Querist)

19 June 2013 whether Gvt doctor certification is necessary and is it permitted even i didnt take any leave for said reason.

Ajay Mishra

Ajay Mishra (Expert)
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19 June 2013

Transfer/Termination of Articleship
[Regulation 56(1)]

In partial modification of the announcement dated 30th June 2009 regarding transfer / termination of articles the Council in its recent meeting has decided that the transfer/termination of articleship in terms of Regulation 56(1) of the Chartered Accountants Regulations, 1988 shall be permissible on
the grounds as stated below: -

I. Transfer /termination of articles is permitted without any restriction during the first year of articles.

II. During rest of the articleship period on satisfying any one or more of the conditions as stated below: -
1. Medical grounds requiring discontinuance of articles for a minimum period of three months (on production of a Medical Certificate issued by a Government Hospital).
2. Transfer of parent(s) to another city.
3. Misconduct involving moral turpitude.
4. Other justifiable circumstances / reasons: -
(ii) Grounds already permissible in the Chartered Accountants Regulations, 1988 (on submission of requisite proof of the act warranting transfer/termination of articleship): -
a. Industrial Training (Regulation 51)
b. Secondment of articles (Regulation 54)
c. Conversion from PCC to IPCC (for termination of articles only. Re-registration of articles to be allowed only after passing Group-I of IPCC)
d. Death of Principal [Regulation 57(1)(c)]
e. Ceasing of practice by the Principal [Regulation 57(1)(a)]
f. Removal of name of the Principal from the Register of Member due to any reason
[Regulation 57(1)(b)]

(iii) Marriage basis (only if there is relocation to another city involving distance of 50 kms).

(iv) Irregular payment or non payment of stipend with reference to Regulation 67.

(v) Articled assistant desires to serve balance period of training outside India.

(vi) Shifting by the Principal to another city involving distance more than 50 kms.

The articled assistants are required to get the consent of the Institute before getting Form 109 signed by the Principal in their own interest.

The request, on any one or more of the aforesaid grounds, of an articled assistant on a plain paper alongwith the recommendation/ consent of the Principal for transfer / termination of articleship accompanied by evidence/proof (self-attested by the articled assistant) to the satisfaction of the Institute be made. Request for transfer not accompanied by consent of Principal shall not be accepted.

In case of dispute between principal and articled assistant, the matter be settled amicably among the articled assistant and the principal concerned and the Institute shall not interfere in such cases.

Ganeshbabu K

Ganeshbabu K (Expert)
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19 June 2013 1)Yes..you take a certificate from government doctor confirming disease and ask him to state in his letter that you need quality and home food and clean surroundings to decrease the effect of your health problem.

2)and while sending a letter to icai mention that you don't need any speacial leave and you just need home environment to keep your health good

Thanks & regards
Ganesh babu k