Announcement on Transfer/ Termination of Articleship2/7/10

Articleship 2436 views 49 replies

Transfer/Termination of Articleship
[Regulation 56(1)]


In partial modification of the announcement dated 30th June 2009 regarding transfer / termination of
articles the Council in its recent meeting has decided that the transfer/termination of articleship in
terms of Regulation 56(1) of the Chartered Accountants Regulations, 1988 shall be permissible on
the grounds as stated below: -


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: -
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/termination 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.


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
alongwith 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

Replies (49)

Thanx for sharing..

Where did u find this notification...has it been given at institute's site..?

icai.org
 

really important news.thank for sharing this news

Thanx..i saw it on the site...

But no major relief...relaxation just during the first year period...No use for all of us..?

Tanx, Hum logo ne kya bigada hai .........i complete 2.5years article...

ICAI kisi ko nahi bakshtaaaaa

thanks

Hey wht happened about the PCC Articleship period getting reduced from 3.5 yrs to 3 YRs??

why dnt ny1 speak on it?

Thanks! ! but what is about stipend to article assistant ? it was to be discussed na?

Roshni Din Ki Wohi Taron Bhari Raat Wohi
Aaj Hum Ko Nazar Aati Hai Har Baat Wohi

Bakwaas.... Wot d hel shud CA FINAL students (after pcc) do??? Crap..

in the CA course the thing which is most difficult is articleship period....

 

so more and more patience is required during this period....

 

wait and wait.... and this time shall pass....

 

and there will be a new morning when u will say 'TODAY IS LAST DAY OF MY ARITCLESHIP'.

 

 

what the hell this guys are made upto . CA amarjith chopra is following the footprints of uttam prakash. just to show that CA institution is doing something for CA students they have taken this kind of unuseful decision on the part of students. this guys are discouraging students ............... 

 

MATTER OF LIFE, SO PLZ READ IN FULL

Hi guys!! I am Gaurav Agarwal a CA PCC student I am in very much pain and cannot be relieved out of my pain without your support. I am doing my articleship for the past 1.5 years sincerely and in mid February I was asked to attend an audit assignment at Kashmir I completed the assignment but after returning from there I fell seriously ill due to bad weather and some health problems already and could not accompany audit team for my next audit assignment which was in mid March at Patna (Bihar).  My exams were also in May 2010 in which also I was not able to appear properly due to my illness.

        During the period when I fell ill, my CA started sending me letters that "you have never attended articleship training and have availed leave for more than 300 days" which was never the case as I attended the office/outstation audits regularly (Please I am not a dummy student!!!). This was a shocking news for me as he himself had signed my examination form along with 18 months of training completion certificate. During my tough time of  illness and recovery (March to May), he sent me a dozen of letters imposing baseless allegations of taking 300 days' leave which caused me mental stress in this tough time of pressure from all sides (exam, health problems, and now office problems).  This all led to severe mental pressure due to which I was able to only appear into one group even in which I was not able to do as best as I would have done otherwise (my plans were to appear for both groups).

Also, my CA was paying stipend very irregularly (6 to 8 months) and even paid only twice for a period of only 12 months and he did not pay for the rest 6 months.

With these bases (moral turpitude and irregular and nonpayment of stipend), I went to Institute from where I was issued a letter in-hand in which I was allowed transfer from the principal, but now he is not even signing the form 109, which is necessary for transfer.

When I approached Institute regarding the same (non-signing of form 109), the Institute just took their hands off and they verbally conveyed that they cannot help me out of this situation which was really shocking for me as I had too much of hope from them as them being the governing body and I was hoping for a neutral decision from their side (neither my side nor on principal and giving a decision on the bases and facts).

Today, I just received a call from a friend who called me up to give me biggest shock of my life that "Institute has made amendment to the transfer rules stating that they will not interfere in article-principal matter and the matters should be solved AMICABLY amongst themselves."  This has led me to a state of grief and great depression as it is a matter of one's life and death (as this was my goal from Senior Secondary and even after getting 85% marks I chose to get into commerce stream rather than going into Medical, though my family was forcing me for Medical field).

So, please support me and forward this to as many as you can. It will take only a few minutes of your precious time but overall can really save my life/career.

If anyone wants to contact me and give any advice, please have my email ID gauravagarwal1991 @ gmail.com

Thanks in advance.


CCI Pro

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