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Article perod calculation

Rishabh (Income Tax) (38 Points)

02 June 2010

hi guys..lets me first of say that caclubindia & its members are doing a marvellous thing..

My Query is :

My articleship period is getting over in about a month. Problem is whether sundays & days on which office is closed is to be considered as leave when i am on leave for say about a month. e.g. Suppose for a month i am on leave & in that month there are 4 sundays & 2 public holidays on which days office was closed. So while calculating leave should i take 24 days or full 30 days. I am finding it difficult to decide as there are contracting views. If any one can provide any rules of ICAI for calculation it will be of great help. Please quote as per which rule or notification it is.

Quick reply will be highly appreciated.

Thanks in advance.

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10 Replies

praveen (Chartered Accountant) (6971 Points)
Replied 02 June 2010

i belive that it is done on weekly basis.

if you work 35 hours in a week then the whole week is deemed to be articleship. similarly if you are on leave for a month sundays and other days on which office was closed shall not be counted. whole of such period is leave.

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jassi (ACA) (181 Points)
Replied 02 June 2010

hi rishab ....

As per training regulations while calculating leaves , weekly holidays shall be excluded and will not be counted as holidays.

thus in a condition set by you only 24 days shall be counted as leave .

Parveen you can refer to training guide for your clarification.

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Rishabh (Income Tax) (38 Points)
Replied 03 June 2010

hey thanks jassi..for the help..i will refer training guide..

praveen (Chartered Accountant) (6971 Points)
Replied 04 June 2010

Leave

Leave to An Articled / Audit Clerk

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(Regulation 59 & 74)

During the period of training, an articled / audit clerk is entitled for leave earned @ one-seventh of the actual period served, excluding from such period, the period for which he has been on leave. Following conditions may be noted:

1.	Resonable notice is required to be given by the articled / audit clerk to the Principal.
2.	For the purpose of preparing for the examination of the Institute leave shall be granted for two months, or to the extent due as per his entitlement whichever is less provided an application for leave is made at least 15 days in advance.
3.	Leave not earned may also be granted under Regulation 59(5) / 74 (5).
4.	The Institute's examination days, (including intervening holidays), or days for attending a course at an Academy of Accounting conducted by the Institute shall not be treated as leave.
5.	The period of attendance, with the consent of the Principal, at a conference, course or seminar organised by the Institute including a Regional Council, for the benefit of articled / audit clerks, will also be treated as period actually served under articles / audit service and not leave.

Supplementary Articles

(Regulation 46, 57 & 58)

Leave taken in excess of the period of leave to which he is entitled under Regulation 59 shall be treated as excess leave. The articled clerk is required to undergo articles for further training equivalent to the period of excess leve taken by him during the period of three years of training. Period of excess leave can be served with the same Principal by executing deed in Form No. 107. However the excess leave can also be served under a new Principal as per Regulation 46.

Conditions:

In case articles training is served with the same Principal and in continuation of previous training without any break:

a.	Submit Form 108 for the previousn period of Practical Training alongwith training report as specified in the Training Guide.
b.	Execute a supplementary deed of articles for the period equivalent to the excess leave period in Form 107 on a 'Non-judicial Stamp Paper; or affix ' Special Adhesive Stamp' of appropriate value.
c.	The deed of supplementary articles must be submitted in original alongwith a copy so as to reach the Institute's Office within 60 days from the date of commencement of training.

In case articles training is served with a new Principal, execute a fresh deed of articles in Form 102 and submit Form 103 so as to reach the Institute's office within 30 days from the date of commencement of fresh articles.

For condonation of delay in submission of Form 107, Please see Chapter 25 on condonation.

praveen (Chartered Accountant) (6971 Points)
Replied 04 June 2010

@ Jassi

I didnt find such a clarification any where

please help me find it.

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khushbu (article) (21 Points)
Replied 04 June 2010

hey ppl v called up institute dey said sundays is counted in ur leave period if u r on continuous leave....

plzz help..

praveen (Chartered Accountant) (6971 Points)
Replied 04 June 2010

Originally posted by : khushbu
	hey ppl v called up institute dey said sundays is counted in ur leave period if u r on continuous leave.... plzz help..

exactly thats what i am saying

it is not counted as articleship..

jassi (ACA) (181 Points)
Replied 04 June 2010

Originally posted by : praveen
	@ Jassi I didnt find such a clarification any where please help me find it.

Dear praveen .... you can refer the illustrations in training guide in which it excludes weekly holidays from "Leave Taken".

Also extracts posted by you are fof 2007. training Guide has been amended thereafter.

I can't understand why you are advocating the sundays inclusion in leaves when its clearly illustrating its exclusion.

(Guest)

We are looking for Article Clerks for a reputed Audit Firm in Chennai. Good exposure to Accounts, Audit and other specialized areas. If you are interested, please revert.

You can also refer your friends.

NOTE: If you are completed or undergoing article, kindly refer your friends.

Thanks and Regards

Hema R

SSS Placement Consultants Pvt Ltd, Chennai.

Contact Number: 044-42127730/9841430083

(Guest)

We are looking for Article Clerks for a reputed Audit Firm in Chennai. Good exposure to Accounts, Audit and other specialized areas. If you are interested, please revert.
You can also refer your friends.

NOTE: If you are completed or undergoing article, kindly refer your friends.

Thanks and Regards
Hema R
SSS Placement Consultants Pvt Ltd
Contact Number: 044-42127730/9841430083