Transfer

This query is : Resolved 

28 August 2010 Iam not getting stipend from last 4 months , so can i take transfer on that basis.

28 August 2010 yes u can.

28 August 2010 NO...

To use this ground you have to prove the same to the satisfaction of ICAI officials. After that they may consider your request.

Kindly go through the following grounds for Transfer:

II. During rest of the articleship period on satisfying any one or more of the conditions as stated below: -

1. Medical grounds requiring discontinuance of articles for a minimum period of three months (on production of a Medical Certificate issued by a Government Hospital).

2. Transfer of parent(s) to another city.

3. Misconduct involving moral turpitude.

4. Other justifiable circumstances / reasons: -

(ii) Grounds already permissible in the Chartered Accountants Regulations, 1988 (on submission of requisite proof of the act warranting transfer/terminatio n of articleship) : -
a. Industrial Training (Regulation 51)
b. Secondment of articles (Regulation 54)
c. Conversion from PCC to IPCC (for termination of articles only. Re-registration of articles to be allowed only after passing Group-I of IPCC)
d. Death of Principal [Regulation 57(1)(c)]
e. Ceasing of practice by the Principal [Regulation 57(1)(a)]
f. Removal of name of the Principal from the Register of Member due to any reason [Regulation 57(1)(b)]

(iii) Marriage basis (only if there is relocation to another city involving distance of 50 kms).

(iv) Irregular payment or non-payment of stipend with reference to Regulation 67.

(v) Articled assistant desires to serve balance period of training outside India.

(vi) Shifting by the Principal to another city involving distance more than 50 kms.


PROCEDURE

The articled assistants are required to get the consent of the Institute before getting Form 109 signed by the Principal in their own interest.

The request, on any one or more of the aforesaid grounds, of an articled assistant on a plain paper along with the recommendation / consent of the Principal for transfer / termination of articleship accompanied by evidence / proof (self-attested by the articled assistant) to the satisfaction of the Institute be made. Request for transfer not accompanied by consent of Principal shall not be accepted.

In case of dispute between principal and articled assistant, the matter be settled amicably among the articled assistant and the principal concerned and the Institute shall not interfere in such cases.

2nd July 2010
Secretary

28 August 2010 Ankur sir there is a clause in your post

iv) Irregular payment or non-payment of stipend with reference to Regulation 67.

So i think transfer allowed.

28 August 2010 Ya Adi i know yaar and...u r right...

But this is almost dead one. They are very strict on this clause. It a bit tuff to convince them on this clause.

However i should avoid the straight answer.

Thanks

28 August 2010 I agree with you sir that u have to prove that stipend is being irregularly received which is tough but can be a reason for transfer.

28 August 2010 but sir, i can prove that there is irregularity in my stipends on the basis of my bank statemnet.


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