Transfer during articleship

Articleship 1554 views 15 replies

Hii Everyone!!!

I am in an urgent need of reply on the following topic. Please suggest me for the same.

Doubts:

1. Can an article be transfered form one principal employer to another on the will of the principal employer alone? and without any specific reason relating to the article, but just for the sake of internal arrangement within two friendly firms?

2. Will this not lead to a lapse in an oppurtunity of transfer during the first year of articleship of the respective article?

3. And if the article doesnt agree, does the employer have any right to compell him to leave the current organisation, where he is working, permanently and take a transfer to any other firm on standing instructions from the respective principal employer?

Please reply urgently as it is a current matter.

Thank You!!! 

Replies (15)

1.10 Secondment of Articled Assistants

Regulation 54 specifically provides for secondment of articles with a view to provide the articled assistant the 
opportunity of gaining practical experience in areas where the principal may not be in a position to provide the 
same. The Regulation also provides as under:-
• Secondment is allowed with the consent of the articled trainee.
• The articled assistant shall be seconded only to a member who is entitled to train one or more articled 
assistants in his own right or to a member in industry who is entitled to train one or more industrial 
trainees.
• The member to whom the articled assistant is seconded will not be entitled to train more than two such 
assistants on secondment at a time.
• The maximum period of secondment shall be one year which may be served with a single eligible 
member. The Council may permit secondment with more than one such member provided the minimum 
period of secondment shall be four months and the aggregate period served on secondment with such 
members shall not exceed one year. Where an articled trainee is seconded to a member in industry, 
the total period spent in industry including the period of Industrial Training should not exceed one year.
• During the secondment the member with whom the articled assistant is seconded shall be required to 
pay the stipend and is responsible for imparting training and maintaining records and also required to 
forward the records to the Principal on completion of period of secondment.
Apart from the secondment of a trainee from one firm to another firm or to an industry, firms may exchange 
trainees on mutual basis for a limited period to the advantage of firms and trainees. Such an arrangement is
also quite flexible like the scheme of secondment and enables the firms to overcome deficiency, if any, in 
practical training imparted to trainees

 

1.15 Transfer/ Termination of Articleship:
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.

Thank You...

But does the principal employer have a right to compell the article to laeve the current nerollment of articleship under him permanently when the article disagrees for such secondment as he is content with the work profile in his current employment???

Secondment of Article is a mutual consent between principal & article trainee.

u got the right to transfer during the first year of Articleship without any restriction's.(eventhough you are in secondment of article)

Article work profile will not be relevant for secondment of article.i.e secondment of article will be done based on the rules & regulations of i.c.a.i. employer got right to secondment of article but with condition that consent of the article trainee & not his own.

 

No the principal employeer have not such right  but it mutual conscent of article and principal regarding the termination of articleship .........................angel

 

How many transfers are allowed during the first year???

Could you please reply on it??

no limit  prescibed by icai

 

but practically it is not possible to transfer more than 2 times

If the article started his articleship in September 2012 and is of the IPCC May 2012 batch, the same provision is applicable for him or are there any revisions coz it is being told that from the same batch the transfer limit during the first year has been reduced to 1.

 

Please Reply for the same...

i am not aware of limit

practicaly it is not possible to take 2 times in 1 year,,reason may be that,,but as of my knowledge there is no such rule

however icai may ask for reason if he/she taking signature in second time

Thank You!!!

Any more replies???

Please reply asap...

Hello 

I want to know that if my employer refuses to give transfer during the first year of articleship training what should I do......Please reply soon......

Originally posted by : Bhupesh Arya

Hello 

I want to know that if my employer refuses to give transfer during the first year of articleship training what should I do......Please reply soon......

No option left to you except to convince your employer.

but its wrong.........

 

the limit are not prescribe by ICAI so you can take it many time.............................................. but after the 2 and 3 time ICAI institute send the letter and  ask the reason of transfer.................................................................................... such of incident happened with my friend and ICAI article session  counsel  him regarding the training he had taken the 3 time transfer officially 


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