Articleship transfer

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Rahul (Querist)
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31 January 2016 My Articleship running from surat( Gujrat)from 20 Oct. 2015. I have resigned myself from 28 Jan.2016 because environment of the city not suitable to me and In my medical report i have a stone disease in my kidney .
Now i want to go my home town sikar ( Rajasthan) for complete treatment. I want to take transfer from this firm . I am also in my 1st year of articleship but my principal refuse to give me transfer. He said he will not give me transfer at any condition. But i want transfer because my health is not well here.Day by day its getting down.

Now please help me . I am in big trouble .Suggest me what should i do .It's a question of my CA Career.
Please immediately revert .

Ankur Garg

Ankur Garg (Expert)
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31 January 2016 Hello,

Please find below ICAI Rule, Grounds for Articleship Transfer along with relevant procedure for the same:

Please find below the Grounds and Procedure for Articleship Transfer:

In a major flexibility for CA aspirants, ICAI has given articled clerks a choice to opt out of the existing arrangement with a principal during the first year of articleship.

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/terminatio n 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.

PROCEDURE

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 along with 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.

Thanks
Ankur

Ankur Garg

Ankur Garg (Expert)
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31 January 2016 First approach your principal with medical certificate and if he still refuse to give you transfer than approach ICAI with medical certificate. I am hopeful that ICAI officials will surely help you.

Thanks

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Rahul

Rahul (Querist)
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31 January 2016 Thanku So much Ankur

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