Excess leave consequences

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

22 August 2013 I have taken leave of 214 days as against the allowed leave of 156 days (IPCC). However, for the excess leave of 58 days, my principal has already deducted the stipend proportionately. Now, I have been asked to serve those 58 days as extension. Is it justified as per the ICAI regulations? Kindly reply at the earliest if any relief is there as per ICAI regulations with the respective reference.

Thanks in anticipation.

Ajay Mishra

Ajay Mishra (Expert)
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22 August 2013 Hi

EXCESS LEAVE
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).

Querist : Anonymous

Querist : Anonymous (Querist)

22 August 2013 Thanks for the your kind reply sir. I am very much aware of the fact what you have replied but my concern is that whether it is justifiable (as per ICAI regulation) to serve extension after the stipend for the excess leave has already been deducted. Kindly help me out as my few friends are of view that once stipend is deducted the question of extension does not arise at all. But they do not have any reference to support their view. I am seeking such reference which could allow me to protest the step taken by my principal.

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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21 July 2024 ICAI Regulations: The ICAI lays down guidelines and regulations for articleship training, including provisions related to leave, stipend, and extensions. These regulations are specified in the Articleship Training Manual and other official communications from the ICAI.

Stipend Deduction: The stipend for articleship may be subject to deduction for excessive leave taken by the articled assistant beyond permissible limits as per the training guidelines. Deduction of stipend due to leave is a common practice, especially when the leave exceeds the allowable limit without prior approval.

Extension of Articleship: According to ICAI regulations, extensions of articleship can be granted under specific circumstances, such as:

Inability to complete required training due to prolonged illness or other unavoidable reasons.
Delay in training caused by factors beyond the control of the articled assistant or the principal.

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