Articleship transfer

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

02 May 2014 Hi,
I have completed one and a half year of my articleship training from mumbai, now i wanna go back to my hometown jaipur. and i don't fall under any of the situation as per icai guidelines. My prinicipal is also agreed to it, can i take transfer on this ground. Please suggest.

Sandeep Dharar

Sandeep Dharar (Expert)
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02 May 2014 Yes if both of u agrees in the same matter then there is no difficulty in transfer. U can easily take transfer.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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02 May 2014 Sandeep,

Not at all. The querist has already completed teh first year. Unless he/she falls under any of the provision provided in 56(1), transfer won't be allowed.

Sandeep Dharar

Sandeep Dharar (Expert)
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03 May 2014 Nikhil,

But he/she can take transfer if both of the parties agrees to the same matter. If his/her principle is agree on the same matter then he/she can easily take transfer. In the first year there is no reason to b given in the form but from 2nd year article clerk must provide some reason for transfer. And all the conditions r satisfied.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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03 May 2014 then please read the query..article has already completed 1.5 years!

Sandeep Dharar

Sandeep Dharar (Expert)
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03 May 2014 Yes and he/she is giving the reason that he/she is leaving the state & wana go to hometown.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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03 May 2014 ya. so? how in that case, transfer can be taken easily on mutual consent basis?

Sandeep Dharar

Sandeep Dharar (Expert)
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03 May 2014 So what is your view for that? Now what is the rule that is required for transfer? Is this reason not ok for Transfer? As per my experience transfer can b possible. I think this this reason is best if both of then agree.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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03 May 2014 no. once fist year is done, the ball is in ICAI's court.

Sandeep Dharar

Sandeep Dharar (Expert)
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03 May 2014 Ya I m also saying that. I m not denying the fact. But ICAI will only oppose if it saw that the transfer is not in good nature n if principal agrees for the same point then there is no difficulty as per ICAI also.

Querist : Anonymous

Querist : Anonymous (Querist)

09 May 2014 Don' fight but give me solution

Sandeep Dharar

Sandeep Dharar (Expert)
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09 May 2014 Look dear the suggestion is given above. & we r not fighting. Make sure that we r experts of the same sight, and that was only argument n not fight.

Querist : Anonymous

Querist : Anonymous (Querist)

09 May 2014 Don' fight but give me solution

Sandeep Dharar

Sandeep Dharar (Expert)
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09 May 2014 It is possible that 2 persons have different views. And we r expressing our views. If u think that it was a fight then plz grow up.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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09 May 2014 here is the solution. Unless you are covered under any of the provisions of regulation 56(1) or if have any reason which ICAI may consider in its subjective judgment (president decides) is a reasonable ground, transfer wont be permitted.

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