relarting to article period and leave

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Querist : Anonymous

Querist : Anonymous (Querist)

19 February 2011 plz tell me the rules regarding seek leaves and other leaves during article training period.

CA KRISHNA KUMAR DARUKA

CA KRISHNA KUMAR DARUKA (Expert)
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20 February 2011 Leave to articled clerks are governed by Regulation 59 of The Chartered Accountants Regulations, 1998 which I am reproducing hereunder:

59. Leave to an Articled Assistant
(1) An articled assistant shall earn leave at the rate of
one-sixth of the period for which he has actually served
excluding from such period, the period for which he has been on
leave subject to a maximum of 180 days.
(2) An articled assistant who has served as an audit
assistant before the commencement of his articles shall, in
addition to the leave earned under this regulation, be entitled to
leave equal to one-half of the leave earned and not availed of as
an audit assistant, subject to a maximum of three months.
(3) Leave due shall ordinarily be granted if reasonable
notice has been given to the principal by the articled assistant.
(4) For the purposes of preparing for an examination
of the Institute, the articled assistant shall be granted by the
principal leave for three months or to the extent due, whichever
is less, provided an application for the leave has been made at
least fifteen days in advance.
(5) Leave not earned may also be granted by the
principal subject to the condition that the total leave to be taken
by the articled assistant shall not exceed one-seventh of the total
period of his actual service, together with the leave due under
sub-regulation (2).
(6) Notwithstanding anything contained in the foregoing
sub-regulations, the principal shall allow the articled assistant to
receive training in the Territorial Army, the Home Guards or any
similar organisation approved by the Council and shall treat the
period of such training not exceeding sixty days in a year, as
period actually served under articles.
(7) For the purpose of this regulation, the days
(including intervening holidays) on which an articled assistant
appears for any examination under these Regulations or attends
a course of academy of accounting conducted by the Institute
and recognised by the Council in this behalf, shall not be treated
as leave but would be treated as period actually served under
articles
[Explanation — (1) For the removal of doubts, it is
clarified that attendance by an articled assistant with the consent
of the principal, at a conference, including Course on Information
Technology Training, and Course on General Management and
Communication Skills or seminar organised by the Institute
including a regional council or a students’ association or a branch
of a regional council for the benefit of assistants, shall be treated
as period actually served under articles.]
(2) An articled assistant who has secured admission in a
course at an academy of accounting conducted by the Institute
shall be relieved by the principal, without termination of articles,
for attending the academy, provided he has given notice of not
less than two months of his intention to join the academy.

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