is transfer allowed now???

Articleship 2558 views 14 replies

Hey PPL Pls help me........is transfer allowed once now???Coz dat is wat was mentioned in the Sept Student newsletter in the president speech.....Is this widout all d conditions mentioned by the institue in April???

Replies (14)

hiiii

leena

here the rule of transfer..........read it and think what u have to do..............

 

Transfer/Termination of Articleship
[Regulation 56(1)]
In accordance with the decision of the Council, the transfer/termination of articleship in terms of Regulation 56(1) of the Chartered Accountants Regulations, 1988 shall be permissible to an articled assistant on satisfying any one or more of the conditions as stated below: -
  • Medical grounds requiring discontinuance of articles for a minimum period of three months (on production of a Medical Certificate issued by a Government Hospital).
  • Transfer of a working parent to another city involving a distance of minimum 50 kms (on production of a certified copy of the transfer order and the proof of relocation to another City).
  • Misconduct involving moral turpitude.
  • Other justifiable circumstances / reasons: -
    • Grounds already permissible in the Chartered Accountants Regulations, 1988 (on submission of requisite proof of the act warranting transfer/termination of articleship): -
      • Industrial Training (Regulation 51)
      • Secondment of articles (Regulation 54)
      • Conversion from PCC to IPCC (for termination of articles only. Re-registration of articles to be allowed only after passing Group-I of IPCC)
      • Death of Principal [Regulation 57(1)(c)]
      • Ceasing of practice by the Principal [Regulation 57(1)(a)]
      • Removal of name of the Principal from the Register of Member due to any reason [Regulation 57(1)(b)]
    • Marriage basis (only if there is relocation to another city involving distance of 50 kms).
    • Irregular payment or non payment of stipend with reference to Regulation 67.
    • Articled assistant desires to serve balance period of training outside India.
    • Shifting by the Principal to another city involving distance more than 50 kms.
The articled assistants are required, in the first instance, 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 with recommendations 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.
Secretary
30th June 2009

 

welll

as per my view

u have two option

first - secondment

second-- medical ground

regds

varun

Thanks varun for ur reply.........but my doubt is can i take a transfer widout any of the grounds mentioned above.....coz dat is wat was mentioned in the newsletter

 

 

if ur employer is good then u can take on mutual consent basis......

bhai varun. sahi bata..

 agar mere ca keh de or doosra ca mujhe bula reha hai.. to kya m.. mera mtlb main transfer le sakta hoon??

I dnt think so, u r not allowed to take transfer on the mutual consent only....

ya u are not allowed to transfer on mutual consent.it is a requisite along with any one of the above reasons.

i think so.....

Yes, Trinath is right.

u r not allowed to transfer on basis of  mutual consent, surely.

Transfer is not allowed on mutual consent also.Only for the above reasons.

Only with the reasons specified transfer is allowed, only the requests before 13july were cleared without any conditioins and  NO ONE TIME TRFRr wihout the reasons is allowed

And the grounds provided by ICAI too r restrictive.., they r not that wide or open...

For rest all reasons its PROHIBITED....

transfer is allowed only under the clauses mentioned above. One time amnesty was provided only till 11th July and all the pending transfers till 11th july were cleared.

ok

guys

as u told that transfer is allowed under aforesaid circumsatances..but i am not agree with you.

tell me one thing

if a person is doing articleship in delhi...and now he is not capable to serve in delhi then what he should do....to work in delhi in 1000/- stipend..i dnt think so....

and in the above clause it is also mention---

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

i think it's inclide the mutual consent also

waiting for ur view

regds

varun pandey

only for the specified reasons

Rules 4 Transfer

 Every articled assistant executing the deed of articles for the full period of articled training prescribed

under these Regulations, shall be required to complete such articles only with the member who has
engaged him.
Provided that the articles so engaged may, by agreement between the articled assistant and his principal
be terminated under such exceptional circumstances or conditions, as may be decided by the Council:
1. Exceptional Circumstances for Termination of articles
No request for termination of articles is entertained from any articled assistant in general and more
particularly during the first six months and also during the last twelve months of articles except as
provided in the Regulations.
1.1 If the articled assistant is not able to serve the articleship for specified medical reason thereby
opting to discontinue CA course for a period of at least three months, the termination of articles
be permitted, provided that the medical grounds are such that warrant termination of article ship
1.2 If the working parents of the articled assistant is / are transferred from the city/ place where the
articled assistant is receiving training to another city.
2. Requirements
(a) Medical Certificate, in Original, issued by Chief Medical Officer/Civil Surgeon/Medical Board of a
State /Central Government Hospital and alike clearly indicating nature of illness/disease, likely
period of recovery that warrants termination of Articles.
(b) Certified copy of Transfer order of the parents be submitted for the cases falling under category
1.2
3. Restrictions
3.1 In the event of termination of articles on the ground of parents’ transfer, fresh articles shall not
be registered
a) in the same city or
b) within 50 kilometers radius of the city where he/she has undergone articles prior to such
termination
3.2 In the case of termination of articles on medical ground the articles may or may not be registered
under the same employer under whom previously served or any member eligible to train articles
alongwith medical fitness certificate from the same hospital which issued the medical certificate.
4. General
4.1. Form should be duly filled and signed by the articled assistant clearly mentioning all the details.
4.2 Form should be sent by Speed Post or Registered Post within 15 days from date of termination of
articles by the articled assistant to the Principal with a copy to “The Secretary”, at the address of
the concerned Decentralised office under whose jurisdiction the professional address of the
Principal falls.
4.3 While forwarding the Form No. ‘120’ the articled assistant shall state specifically the clause and
also submit documentary proof (as given above) under which the terminations of articles have
been agreed upon.


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