Exemption from cs 15 months training -reg

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

14 April 2013 As per Rule 48(a)(iv) of Company Secretaries (Amendment) Regulation, 2001, a person having served as Assistant for more than 4 years in any field like Finance, Accounts, Legal, Administrative or Secretarial department under a State/Central Govt. with fixed assets of Rs.50L or more can claim exemption from 15 months practical Training. Does the definition of such an Assistant also include a “Personal Assistant” under the Govt.? Please define “ASSISTANT” under the said Regulation with special reference to the status of a “PERSONAL ASSISTANT’ attached with Top Executives under the Govt. and also clarify in clear terms if such a Personal Assistant having practical experience for more than 4 years under the Govt. would qualify for exemption from Training? Warm regards.

Querist : Anonymous

Querist : Anonymous (Querist)

15 April 2013 Hi, Experts.
Please, please respond to my above-mentioned query. Your information either negative or positive would definitely go a long way to help me chalk out my study plans in advance and complete all necessary training requirements. Your comments would be treated as to have been rendered in the capacity of an Individual and not necessarily that of the CAClub nor the ICSI.

So please feel free to guide me for which I shall remain ever grateful to you. Regards.

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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21 July 2024 Under Rule 48(a)(iv) of the Company Secretaries Regulations, 1982, as amended in 2001, the term "Assistant" refers to a person who has served in the fields of Finance, Accounts, Legal, Administrative, or Secretarial departments under a State or Central Government. The key criterion for exemption from the 15 months practical training requirement is that the person must have served in such a capacity for more than 4 years under a State or Central Government where the fixed assets exceed Rs. 50 lakhs.

Regarding whether a "Personal Assistant" (PA) attached to top executives under the Government qualifies for this exemption, it typically depends on the nature of the duties and responsibilities performed by the PA. A Personal Assistant in a government setup may perform administrative and secretarial tasks for a senior executive, which could include functions related to scheduling, correspondence, and other administrative support.

To determine if a Personal Assistant qualifies for exemption:

1. **Nature of Work**: The work performed by the Personal Assistant should align with the fields specified (Finance, Accounts, Legal, Administrative, or Secretarial) under Rule 48(a)(iv). If the PA's duties predominantly fall within these fields, there is a possibility of qualifying for exemption.

2. **Experience Criteria**: The PA must have practical experience of more than 4 years in one or more of the specified fields under a State or Central Government. This experience should be substantiated with appropriate documentation and verification.

3. **Government Setup**: The exemption is applicable if the PA has served specifically under a State or Central Government with fixed assets exceeding Rs. 50 lakhs. The employment must be in a capacity where the individual gains substantial exposure and experience in the relevant fields.

4. **Documentation and Verification**: When claiming exemption, it is crucial to provide documented proof of the nature of duties performed, duration of service, and the government department’s confirmation of the PA’s role and responsibilities.

In summary, whether a Personal Assistant qualifies for exemption from the 15 months practical training under the Company Secretaries Regulations depends on the specific nature of their role, the departments they have served in under the State or Central Government, and the alignment of their duties with the specified fields. It's advisable to review the exact duties performed and seek clarification from the Institute of Company Secretaries of India (ICSI) or relevant authorities for precise guidance in such cases.

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