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Ca articleship 2nd year query

shobhit chandra (ipcc student) (707 Points)

08 April 2015

RESPECTED FRIENDS,

I STARTED MY ARTICLESHIP IN 4TH AUGUST 2013, THEN AFTER ONE YEAR BECAUSE OF BAD FAMILY CIRCUMSTANCES MY BOSS ALLOWED ME DUMMY FROM THEN, HE ALLOWED ME TO BE ABSENT FOR THE REMAINING PERIOD AS HE HAS SOME RELATION WITH MY FATHER...BUT NOW FROM FEW DAYS HE IS FORCING ME TO COME TO OFFICE.

TRANSFER RULES AND REGULATION OF 2ND YEAR OF ARTICLESHIP DOESNOT ALLOW ME TO TAKE TRANSFER.

DURING A CONVERSATION ON PHONE HE NAHI ANA HAI TO TRANSFER LELO...

I WANA ASK WHETHER IF HE WANT THEN CAN HE HIMSELF TRANSFER ME OR ALLOWED ME TO TRANSFER.

OR IS THERE ANY CHANCE TO TAKE TRANFER..

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1 Replies

Sunit Chhatbar (Project Finance and Tax Audit) (336 Points)
Replied 08 April 2015

only on following ground u can get transfer

Medical grounds requiring discontinuance of articles for a minimum period of three months (on production of a Medical Certificate issued by a Government Hospital).
Transfer of a working parent to another city involving a distance of minimum 50 kms (on production of a certified copy of the transfer order and the proof of relocation to another City).
Misconduct involving moral turpitude.
Other justifiable circumstances / reasons: -
- Grounds already permissible in the Chartered Accountants Regulations, 1988 (on submission of requisite proof of the act warranting transfer/termination of articleship): -
  - Industrial Training (Regulation 51)
  - Secondment of articles (Regulation 54)
  - Conversion from PCC to IPCC (for termination of articles only. Re-registration of articles to be allowed only after passing Group-I of IPCC)
  - Death of Principal [Regulation 57(1)(c)]
  - Ceasing of practice by the Principal [Regulation 57(1)(a)]
  - Removal of name of the Principal from the Register of Member due to any reason [Regulation 57(1)(b)]
- Marriage basis (only if there is relocation to another city involving distance of 50 kms).
- Irregular payment or non payment of stipend with reference to Regulation 67.
- Articled assistant desires to serve balance period of training outside India.
- Shifting by the Principal to another city involving distance more than 50 kms.

The articled assistants are required, in the first instance, 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 with recommendations 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.

so i guess in your case only one ground you can fight.

if your employer does not have proff of regular payment stipend. then you can ask icai for transfer. & clear this complete with icai before taking action.

dont forget to thanks.......