Articleship transfer in first year of training
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
27 August 2013
Respected
I have been in my first year of Articleship Training.My training is been conducted out of my hometown. I have faced the problem of Food poisioning a lot. And Doctor had adviced me to eat Homely food for around 2-3 months.
I have discussed this issue with my principal.But he is not allowing to give me transfer.
I need transfer and want to continue my training period in my hometown.
Can anyone suggest me what to do in this case.
And if Institute can help me to get transfer.
I have been in my first year of Articleship Training.My training is been conducted out of my hometown. I have faced the problem of Food poisioning a lot. And Doctor had adviced me to eat Homely food for around 2-3 months.
I have discussed this issue with my principal.But he is not allowing to give me transfer.
I need transfer and want to continue my training period in my hometown.
Can anyone suggest me what to do in this case.
And if Institute can help me to get transfer.
27 August 2013
To give transfer principal's willingness is compulsory and important because of he has to sign on form 109.
However in your case you make request to the ICAI through letter with details of your case facts i.e your health problem and doctor's suggestion with enclosure of doctor's certificate and his suggestion certificate.
Then on the medical grounds ICAI may insist the employer to give termination or may be allowed you leave on medical grounds for 3 months.
The above is only just suggestion and trying to get success but i am not sure how will ICAI respond and involve in it.
However please try at least your self to get positive result.
Otherwise try to convince your principle.
All Is Well, God blesses you,
OM SAI SRI SAI JAI JAI SAI
However in your case you make request to the ICAI through letter with details of your case facts i.e your health problem and doctor's suggestion with enclosure of doctor's certificate and his suggestion certificate.
Then on the medical grounds ICAI may insist the employer to give termination or may be allowed you leave on medical grounds for 3 months.
The above is only just suggestion and trying to get success but i am not sure how will ICAI respond and involve in it.
However please try at least your self to get positive result.
Otherwise try to convince your principle.
All Is Well, God blesses you,
OM SAI SRI SAI JAI JAI SAI
Message likes :
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Querist : Anonymous
Querist :
Anonymous
(Querist)
27 August 2013
Thanks alot for your reply Sir. I am thankful to you for your advise.
I just want to ask that if any similar case had been occured and istitute had favoured the student.??
OM SAI SRI SAI JAI JAI SAI
I just want to ask that if any similar case had been occured and istitute had favoured the student.??
OM SAI SRI SAI JAI JAI SAI
27 August 2013
Hi
I also agreed with expert views.
During first year of article, a student can take transfer without giving any reason to Institute. You just only submit Form-109 counter signed by your principal and take transfer.
No need to wait for approval of transfer for joining with other firm.
There are regulatory provision for 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/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.
I also agreed with expert views.
During first year of article, a student can take transfer without giving any reason to Institute. You just only submit Form-109 counter signed by your principal and take transfer.
No need to wait for approval of transfer for joining with other firm.
There are regulatory provision for 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/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.
28 August 2013
Sorry till now i didn't notice such type of case. However like you many of the students facing the problems from the side of principle for giving termination atleast 10 quires i saw at Caclubindia for last two months.
But all of they didn't have any support to request ICAI. But in your case you have a health problem i.e it decides your life. So that wise i suggest you write a request letter to ICAI you may be get success.
Belive on your favorite god and try your self. if you got success then it may help to others also. As well as their is a chance to revise articleship regulations by ICAI.
So my suggestion is please try. Trying to request from ICAI is not a mistake and you didn't be any punish for it.
And along with request letter a soft through email send to the President of ICAI also.
If like to do what i say then do like that otherwise try to convey your principle or keep continue your articleship with him choice and options is yours only.
OM SAI SRI SAI JAI JAI SAI
But all of they didn't have any support to request ICAI. But in your case you have a health problem i.e it decides your life. So that wise i suggest you write a request letter to ICAI you may be get success.
Belive on your favorite god and try your self. if you got success then it may help to others also. As well as their is a chance to revise articleship regulations by ICAI.
So my suggestion is please try. Trying to request from ICAI is not a mistake and you didn't be any punish for it.
And along with request letter a soft through email send to the President of ICAI also.
If like to do what i say then do like that otherwise try to convey your principle or keep continue your articleship with him choice and options is yours only.
OM SAI SRI SAI JAI JAI SAI
28 August 2013
Agreed with Expert view.......
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