Transfer of articleship in second year

This query is : Resolved

himanshu (Querist)
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28 November 2013 I have completed my first year of articleship in September 2013.Now my principal is dominating me and threating me for termination....from last two days he has not allotted any work to me. I simply go office and come back . pls guide what I should do.

Ganeshbabu K

Ganeshbabu K (Expert)
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28 November 2013 transfer of articleship is not in the hands of your principal or you...
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there should be valid reason for termination of articleship after 1st year and prior permission from icai is mandatory to give/take transfer of articleship..
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he may not having work..wait he may allot you some work..mean while you can start ca final preparation and do prepare for ca final if there is no work in office

Guest

Guest (Expert)

28 November 2013 1)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.

2)just ask him for Secondment of articled clerks.

A principal may, with the consent of the articled clerk, second from time to time the articled clerk to other member or members with a view to provide the articled clerk the opportunity of gaining practical experience in areas where the principal may not be in a position to provide the same.

The articled clerk shall be seconded only to a member who is entitled to train one or more articled clerks in his own right or to a member in industry who is entitled to train one ore more industrial trainees.

The member to whom the articled clerk is seconded will not be entitled to train more than two such clerks on secondment at a time.

The aggregate period of secondment shall nto exceed one year provided that the period served on secondment with any one member or his partner shall not exceed six months.

Where an articled clerk is seconded to a member in industry, the total period spent in industry by the articled clerk, including the period of industrial training under these Regulations, shall not exceed one year.

During the period of secondment, the principal shall pay the stipend as provided under these Regulations.

The principal shall keep a record of the training undergone during secondment and include its particulars in the report to the Council under regulation 64.

No deed of Articles need be executed for secondment nor any intimation need be sent to the institute in this behalf.

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Ajay Mishra

Ajay Mishra (Expert)
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28 November 2013 You can take transfer on following grounds:

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.

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