08 December 2010
I had some issues with my principal and since 3rd august 2010 he aint leeting me attend office..then i had applied for tranfer in the institute but somehow it got rejected and i got a letter frm institute along with a copy to my principal stating that i have to continue my articleship training under him. but still he aint allowing me.i have appeared for my pcc in nov,10 results awiting. m tensed abt my articleship and also abt my final coz my principal wont sign my form. plz help..wad shud i do
You have not given proper reason for transfer, so the institute has rejected your application.
IMPORTANT RULES FOR TAKING TRANSFERS • No request for termination of articles is entertained from any articled assistant in general and more particularly during the first six months and also during the last twelve months of articles except as provided in the Regulations. In the event of termination, his articles shall not be registered in the same city. • No request of an articled assistant for termination (transfer) of articleship shall be considered unless his/her working parent(s) is/are transferred from the city/place where the articled assistant is receiving training to another city and a copy of transfer order/proof is submitted to the principal in proof thereof. On such termination the articled assistant concerned shall join articles training in and around the place of posting of his/her parent(s) and shall not re-register articles in the same city or within 50 Kms radius of the city where he/she has undergone articles prior to such termination. • If the articled assistant is not able to serve the articleship for specified genuine medical reasons thereby opting to discontinue the CA course for a period of at least three months, the termination of articles be permitted, provided that the medical grounds are such that warrant termination of Articleship. • In the event of misconduct involving moral turpitude, gross negligence or unsatisfactory performance of the articled assistant, his articles shall be liable to be terminated by his principal besides being cancelled or extended for such period as may be decided by the Institute. Board of Studies to decide and enumerate the acts constituting misconduct. • Termination/ transfer of articles be permitted on such other justified circumstances as may be deemed genuine by the Council such as Industrial Training, Secondment of articles, Conversion from PCC to IPCC, Marriage, Death of Principal, Ceasing of practice by Principal, Name of the principal is removed from the register of members, Irregular payment or non payment of stipend with reference to Regulation 67, Articled assistant desires to serve balance period of training outside India, Shifting by the principal to another city involving distance more than 50 Kms, Going back to home town after completion Graduation Course or PG course in a city, Any other valid reason to be considered and decided by the President on case to case basis on merits having regard to the facts of the case. While forwarding the Form No. 109 the principal shall state specifically the clause under which the articles have been terminated.
11 December 2010
thank you for ur reply sir.i am aware of the abovesaid rules. i had even notified the same to my principal. but now the problem is since i havnt got the transfer i hav to continue my article training under my principal but he is not allowing me... wad can i do in this situation/ plzzz help
17 January 2011
I think Devika in this case you have to approach president of CA Committe in your city. If he could not help you then you must address this issue to our institute without any fear because as long time you will take, he may mark your absent from work and you may get extension from institute.
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