Permission for pursuing a course along articleship [Regulati

Final 1590 views 12 replies

CA CS Akashdeep Singh

Practicing CA

1394 Points Joined June 2008

Permission for pursuing a course along articleship [Regulations 65 & 78, Form 112] - (18-09-2009)

Attention of the students /articled assistants is drawn to Regulation 65 of the Chartered Accountants Regulations, 1988, reproduced below: -

“Without the previous permission of the Council, obtained on application made in the approved form, no articled assistant shall, during the period of his service as an articled assistant, take any other course of study or training, whether academic or professional, or engage in any business or occupation.”

Of late, it has been noted with concern that the students / articled assistants have not been adhering to the requirements of the aforesaid Regulations while pursuing another course alongwith articleship and have been declaring such a fact while applying for enrolment as a Member of the Institute and seeking condonation for Breach of Regulation 65 /78 for having not taken the permission at the appropriate time.

The Executive Committee while considering such cases expressed its anguish and exhorted the students / articled assistants to pursue only one course alongwith articleship, even that be a graduation course and seek permission of the Council by filing of Form 112 duly certified by the Principal i.e. Chartered Accountant and the Principal of the College concerned within 30 days of taking admission.

The Executive Committee has further noted that the additional course(s) has / have been pursued by the students / articled assistants in violation of the provisions of Regulation 65/ 78 and directed that all requests including cases for which condonation requests have been received be dealt with, in terms of the guidelines, provided herein below: -

Period of Delay	Condition(s) to be complied with by the student for condonation of delay in filing of Form 112.
Upto 1 year	Condone the breach of Regulation 65 and enroll, after three months, from the date of the meeting at which a decision is taken for condonation.
More than 1 year but upto 3 years	Condone the breach of Regulation 65 and enroll, after six months, from the date of the meeting at which a decision is taken for condonation.
More than 3 years but upto 5 years	Condone the breach of Regulation 65 and enroll, after one year, from the date of the meeting at which a decision is taken for condonation.
More than 5 years but upto 7 years	Condone the breach of Regulation 65 and enroll, after two years, from the date of the meeting at which a decision is taken for condonation
More than 7 years but upto 10 years	Condone the breach of Regulation 65 and enroll, after two years, from the date of the meeting at which a decision is taken for condonation as well as on completion of the three months’ Residential Course
More than 10 years	Condone the breach of Regulation 65 and enroll, after three years, from the date of the meeting at which a decision is taken for condonation as well as on completion of the three months’ Residential Course.

The Committee further decided that the students / articled assistants who have not so far taken permission for pursuing additional course alongwith articleship are required to file Form 112 duly completed with the Institute on or before 31st December, 2009 and thereafter no request for Breach of Regulation 65 / 78 will be considered for condonation.

It is clarified that similar provisions will apply to the audit assistants mutatis mutandi.

The above decisions of the Executive Committee are brought to the attention of the Students / articled assistants / audit assistants for necessary compliance.

Secretary

14th September, 2009

Replies (12)

Manmohan ACA, CS

Chartered Accountant

14243 Points Joined February 2009

I am worried, can you tell me fine for 6 months delay

Guest

CAN "CS" BE DONE ALONGWITH "CA" OR NOT........?

Guest

CAN

"CS"

BE DONE

ALONGWITH

"CA"

NOT........?

SUBMITTING

FORM-112

????????????????

Manmohan ACA, CS

Chartered Accountant

14243 Points Joined February 2009

Guest

hey i m in CA Final & i wish to do M.Com external for that form no 112 is required or not ? plz some one reply

Guest

some one who knows plz reply yaar ...

Sanket

accountant

128 Points Joined October 2008

What if the additional course is completed a year ago

CA CS Akashdeep Singh

Practicing CA

1394 Points Joined June 2008

CA CS Akashdeep Singh

Practicing CA

1394 Points Joined June 2008

Copy of Regulation 65 & 78 attached

Mitul Shah , it may be useful for u.

Chintan Vasa

CA Final Student M.Com

1241 Points Joined November 2008

Any course can be done with CA course whether it is CS or M.Com external, by filling form 112. However one should see that if the other course requires attendance of any lectures then it should not clash with the timings of articleship.

Guest

ThanX Akashdeep a lot for that file..

CA CS Akashdeep Singh

Practicing CA

1394 Points Joined June 2008

Permission to persue other courses

Permission to Study Other Courses

(Regulations 65 & 78)

Under Regulations 65 & 78 an articled / audit clerk is required to obtain prior permission of the Council before engaging in other course of studies or engagements in business or occupation.

For obtaining permission from the Institute, an articled / audit clerk is required to submit application in Form 112 duly complete in all respects and recommended by the Employer and the College Authorities, if the course is regular one.

List of courses which a student is permitted to undergo during the period of practical training (one Course at a time)

	Recognised graduation course of Universities or Colleges affiliated to Universities.
	Recognised post-graduation course of Universities or Colleges affiliated to Universities
	Courses conducted by the Institute of Cost and works Accountants of India.
	CIMA courses conducted by Chartered Institute of Management Accountants, UK.
	Ph.D courses attached to the Commerce Departments of Universities

An articled / audit clerk who joins the CA course after passing the Foundation Examination / Professional Education (Examination - II) can pursue Graduation course concurrenly with CA course, with intimation to the Institute, but shall not be permitted to join any other course until the graduation course is completed.

The Council, in order to remove the difficulties experienced by the students coming from the Foundation Course, has decided that the working hours of the articled clerks coming after passing the Foundation Examination, should be left to be decided by the Principal, subject to the overall guidelines that minimum working hours should be 35 hours per week and the office hours should not be before 9.00 a.m. and after 8.00 p.m.

For condonation of delay in submission of Form 112, please see Chapter 25.

Requirements

1.	Form 112 to be submitted with the recommendation of the Principal.
2.	Attendance at the course must be outside the normal working hours of the Principal
3.	Only one additional course is permitted at a time. (including Graduation in the case of Foundation stream student). However, Foundation Course stream students would be granted general permission to do the Graduation course with the concurrence of the Principal.

Permission for Second Course

Permission for second course will be considered only after receipt of documentary proff of either on completion or discontinuation of the course for which permission has been grated earlier.

In case Form No. 112 is not submitted within 30 days of joining the course, the procedure laid down for condonation of delay in non-submission of form will apply. Please refer chapter 25.

Link: https://icai.org.in/post.html?post_id=137