Announcement for Transfer of Articles - BP Raising

Articleship 1469 views 11 replies

The announcement dated 2/7/10 regarding articleship transfer really makes me very angry. It shows how cowards the institute's council members are. Although it is welcome announcement permissing transfer in the first year, I am really disappointed at the last word. It says that any disputes between student and member will not be interfered by ICAI. The question i get is "What for in this world is Board of studies/Department of Articles is situated"? They have completely forgotten that most of articleship disputes are caused by harassment of articles by the principals. Many cases, the articles are extracted excess work, and when the refuse, they are mercilessly kicked out. And there is no legal document to prove that the article has worked excess hours. Cant they make it compulsory for principal to maintain article working hours register countersigned by concerned article assistant?? To all the council members reading this post :   "Please dont be coward to do justice to articled assistants just because u get vote from membrs. And if I ever become council member or president, it will be Indira gandhi emergency for all you incompetent and selfish council members"

Replies (11)

now its  not the time to remain silent. Lets come ahead and protest the same and request to allow one unconditional transfer.

Definately, Most of the cases for the transfer of articles are arising after the training period of 1 year. and all the provisions regarding the transfer  are same as before. Institute has totally ignored the rights and feelings of students. Institute has cleared that it will not play any role regarding dispute between CA and Article and also said that for the application of transfer, attachment of CA is also compulsory..... These all provisions making CA/Employer more cruel and Cruel.

"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"

Whats dis bl**dy sh*t!.  What kind of a statement is dis?

if we were 2 decide among ourselves, y do u make articleship cumpulsory , y da bl**dy hell u r putting restrictions on transfer, y dis bl**dy CA course , y ICAI

If ICAI does not want 2 interfere, then wat 4 dis Institute exist?

dere is still no relief for PCC students......

Originally posted by : VEDANTA DESHIKA

"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"

Whats dis bl**dy sh*t!.  What kind of a statement is dis?

if we were 2 decide among ourselves, y do u make articleship cumpulsory , y da bl**dy hell u r putting restrictions on transfer, y dis bl**dy CA course , y ICAI

If ICAI does not want 2 interfere, then wat 4 dis Institute exist?
It will be less effective and difficult to protest in mass. what we can do is file PILs in high court everywhere in the country. And bring in Indya TV, Times Now, aaj tak to highlight our cause. Agar isse bhi kuch nahi huaa; we will bring baap of government. Naxals se madadd magenge sab students.

My dear friends,

It wont be any use if you file PIL or suits etc. You know about our judicial system. A simple case takes atleast 8-9 months to be disposed off. IT will ruin your career and total waste of time and money. I just stress all the article assistants to be very aware of all the provisions of CA regulations which will make him guily of mis conduct. Please document what ever your principal does - if he makes you work on sundays, take xerox copy of attendance record. If he doesnt pay you stipend properly, maintain your bank statements where your stipend gets credited - to prove that stipend was not paid. If your boss has dummy article in his roll, complain to e sahayatya or email provided for eliminating dummy article. of course you should have documentary evidence like xerox copy of attendance record which will not have dummy article name. If your boss asks to do his personal work like sending courier of a personal purpose, take the courier, go to institute and file a disciplinary case. If your boss doesnt allow you to write exams or doesnt give leave, black mail him telling that you will leak this information to icai.(Every ca's will do something that is guilty of misconduct and it is not difficult to document it!!!)  Attack your principal legally. You have to use icai as weapon against principal. for more evidence gathering techniques, take a help of an advocate - paying him is really worth it.

Even all these things can't help students. CAs have a powerful lobby at the ICAI. Each CA is connected with a RCM,CCM,or office bearer whom he has voted to power. Such people exert pressure on higher auhtorities so these people go scot free. And the students will be penalised later on by other means. Students can get justice from 3rd parties only, and that too if possible. Don't expect ICAI to help you. Yes, u can blackmail your CA ,but about Client info(i will leak this to police,taxmen,etc) but not by icai.I have personally felt this when one boy went to icai office to complain about his boss. The branch head phoned the CA; CA ne kya bolaa pata nahi; the branch head after finishing the call shouted at the boy and told him and ask forgiveness with his boss. This happened after transfer ban rules were implemented; and i had gone to icai office to purchase some books for my principal.

yar. without evidence if u go you cant do anything. you should not complain. if you feel your principal is going way off the limits, just go and file disciplinary proceedings. before that u threaten that u r going to file disciplinary proceedings. But beware, at this stage u must be well prepared to forego ur ca. only then u will have the guts. and as per the CA act, if you make a written complain along with documents, the council should hear the case.

 

I have a query ..Someone pls clarify.Given below is an extact of ICAI's announcement:

 I.Transfer /termination of articles is permitted without any restriction during the first year of articles.

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

 

  • 4. Other justifiable circumstances / reasons: -

               (ii) Grounds already permissible in the CA  Regulations, 1988 (on submission of requisite proof of the act warranting transfer/termination of articleship): -

a. Industrial Training (Regulation 51)

b. Secondment of articles (Regulation 54)

c. Conversion from PCC to IPCC  etc etc...

 

 

 I am not able to understand the diff between transfer & secondment..secondment means wat..???   :(

Transfer is taking termination from one pricipal ( if atall granted ) and re registtering under another.

secondment in simple words,  u continue to be registered with your current principla, and he way outsource you to another practicins CA for better exposure ( invoice raised for you would be much higher than your stipend ) he he

 

Transfer - you escape from Tiger 1 -  and happily go to Tiger 2

Secondment - Tiger 1 is still holding you in his jaws,   your flesh is being enjoyed by Tiger 2 .

 

Got it ???


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