Form 112

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

21 October 2013 I cleared my ca final both group this may. i have applied for membership and received a mail from the institute asking for form 112 and condonation letter with fee,as i pursued M.Com during my 1st yr of articleship(2007-2008),I did it from college but my timing was 7 to 9 in the morning so it did not effect my articleship hrs. I did not knew regarding this guidlines that's y i dint sent form 112.I am worried now will this affect my enrollment as member. What should i do now.

Ganeshbabu K

Ganeshbabu K (Expert)
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21 October 2013 there is no problem,, send form 112 now
.
.
there is no harm to your membership,
.
icai may condone this delay

Ajay Mishra

Ajay Mishra (Expert)
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21 October 2013 Hi

PERMISSION FOR PURSUING A COURSE ALONGWITH ARTICLESHIP [REGULATIONS 65 & 78, FORM 112].

Regulation 65 of the Chartered Accountants Regulations, 1988, reads as under.
“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.”

It has been noticed 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 insisted that 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 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 Condone the breach of Regulation 65 and enroll after six upto 3 years months from the date meeting at which a decision is taken for condonation.
More than 3 years but Condone the breach of Regulation 65 and enroll after one year upto 5 years from the date of the meeting at which a decision is taken for condonation. More than 5 years but Condone the breach of Regulation 65 and enroll after two years upto 7 years from the date of the meeting at which a decision is taken for condonation. More than 7 years but Condone the breach of Regulation 65 and enroll after two years upto 10 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.

It is clarified that similar provisions shall apply to the audit assistants mutatis mutandis.

6.7.7 In this connection, attention is invited to the Regulations 65 and 66 read with Regulation 60 of the Chartered Accountants Regulations, 1988 which provide as under:-

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Ajay Mishra

Ajay Mishra (Expert)
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21 October 2013 Regulation 60: Working hours of an Articled Assistant:

“Subject to such directions as may be issued by the Council, the working hours of an articled assistant shall be 35 hours per week to be regulated by the Principal from time to time”.

As per the above regulation, you only submit Form-112 with additional payment of Rs. 1000 with Institute.