Excess leave

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

11 June 2012 I have completed my articleship on 30.03.2012 and submitted my form 108 to the institute on 29.05.12 with late fine, however i would have excess leave of 45 days (app.) since actual leave is 220 days and i was in 3.5 years articleship, i would like to know can i fill form 103 and form 102 for serving my excess leave with another principal not wasting any time though i have not received the letter from the institute till date for serving my excess leave, i would fill the form on provisional basis as per my calculation.

Please suggest.....

Ajay Mishra

Ajay Mishra (Expert)
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12 June 2012 Hi

An articled assistant who has already completed three years/three & half years of articled service and has taken leave in excess of the period allowed under Regulation 59 is required to serve for a period equivalent to the excess leave taken in order that his training may be completed. For this purpose, a supplementary deed of articles in Form No. 107 should be executed in triplicate with the same employer in continuation of the previous training on a non-judicial stamp paper or special adhesive stamp of the requisite value should be affixed on the form. The supplementary deed in duplicate along with Form 108 for the period already served should be sent so as to reach the office of the Institute within 60 days of the expiry of the normal term of articles.
In case there is a break in the continuity of training and/or there is a change in the employer and/or there is a delay in submission of the papers beyond 60 days, as referred to in the previous paragraph, an agreement in Form No.107 would not be valid. In such a case, a fresh agreement in Form 102 should be entered into and the particulars in Form 103 along with Form No.108 for the period already served, should be sent to the office of the Institute for registration within 30 days of the commencement of training.
A member may be granted an additional vacancy to engage an articled assistant whose normal term of training is over and he (the articled assistant) is found to have taken excess leave which is to be made up by an additional period of articles. It is the duty of the employer in such a case to ensure that the articled assistant completes the period of training under him including the period of excess leave. The benefit of an additional vacancy in such case is given only where it could not have been reasonably anticipated that the articled assistant would have to serve an extra period on account of the excess leave taken. Such additional vacancy may be given to the previous employer or to any other chartered accountant entitled to train articled assistant(s).

Regards

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Querist : Anonymous

Querist : Anonymous (Querist)

12 June 2012 thanks for your reply but what u have pasted i know, my query is i have submitted my form 108 and as per my calculation i would have 45 days of excess leave but i did not get any letter from the institute for serving excess leave though while submitting the form at the institute they said it would take 1.5 months to process the form after which i would receive the letter, my query is can i immediately join under other member to serve my excess leave on provisional basis by filling form 102 & 103 without wasting any time for getting the letter from the institute.