10 December 2013
I want tk trf of articleship under secondment of articleship.. Is it require prior approval of icai or just Intimation of secondment form is enough?? plz reply fast. whose sign is required on completion of service form aftr secondment ...original principal or seconded principal or both??
11 December 2013
Yes, prior approval of Institute is required for taking transfer if you are going to take transfer after first year of article ship.
For this you will submit Form-109 with Institute.
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.
The time period is not specified by Institute under which Form-109 should be filed with Institute. However, this form-109 is valid only for a period of sixty days from the date of issue by the office of the Institute. The date of issue of this certificate cannot be prior to the date on which the FORM is issued by office of the Institute.
11 December 2013
SECONDMENT/EXCHANGE (REGULATION 54)
In order to expose the trainees at large to multi-disciplinary work and variety of business situations, the arrangement of secondment has been provided in the Regulation 54. The procedure relating to secondment enables an articled trainee to gain practical experience, in areas where the Principal may not be in a position to provide the same, in the office of another member in practice on the basis of a mutually agreed arrangement. In order that maximum advantage can be taken of this procedure, the secondment scheme has been made flexible. Secondment is allowed with the consent of the articled trainee from one employer to a member who is entitled to train articled trainees in his own right or to a member in industry who is entitled to train industrial trainees.
The member to whom the trainee is seconded is not entitled to train more than two such trainees on secondment at a time. The aggregate period of secondment cannot exceed one year provided that the period served on secondment with any one member or his partner does not exceed six months. 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 secondment the Principal is required to pay the stipend. The Principal is required to keep records of the training undergone during secondment and include its particulars in the report to the Council under Regulation 64.
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.