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extension of articles-please help

dream big live big (student) (190 Points)

01 September 2009

friends...Currently i have cleared pcc group 2 and will be giving group 1 in nov 2009. and my final attempt will be due at may 2011. I have taken almost 6 months of leave in the foregone period of articles which is excess of allowed leave period. I have informed my boss that i will extend the articles after end of articleship term. Now my question is that maximum for how much period can i extend my articles as i will be taking more leaves in the future for tybcom and final exam. Next question is if i extend my articles will my final attempt will get postponed??????????.pls reply....thanks in advance

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8 Replies

Lakshmikant (CA pcc student) (521 Points)
Replied 01 September 2009

TO ESSAKI,

if you took more leaves than permitted you need to serve for that much period after the agreed term of articleship. It will not affect your final attempt.

But my advise is just sit with your principal & try to negotiate about leaves. Because extesion will indirectly harm you.

And as you are appearing for pcc exam you have already studied more than needed for ty exam so if possible take leaves only for exam days or from 7 days earlier from examination.

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dream big live big (student) (190 Points)
Replied 01 September 2009

Thanks Mr.Lakshmikant......and i will be satisfied if more of our good friends comment on this issue with rules and provisions affecting this....thanks once again

(Guest)

Add to above note that the period of leave u taking for final exam of CA will not be considered as leave for the purpose of extension if i m rite (pls recheck) students are allowed 3 months final exam leave....

dream big live big (student) (190 Points)
Replied 01 September 2009

And is there any provision that an article cannot take a leave continiously for 6 months??? iam will not be taking that much of leave, but just for knowlege sake and may be in final attempt i may be needing it!!!!!!!!

(Guest)

Hi esaki found this on net..pls reconfirm..

1) Holiday: An articled assistant is entitled to all gazettedholidays that is given by the Government of India and adoptedby the institute. So, in whichever day the Institute has aholiday – the Articled Assistants are also entitled to a holiday.
Also, Sundays are holidays and not leave. Even Saturday couldbe a holiday, if the Firm follows five day week. Thepoint is–
any holiday or a normal weekend holiday would be counted aspart of articleship.
The only exception is where the Article has taken a longduration leave say from 1st of month to 20th of a month. Soany Sunday or holiday falling in between the duration of leavewould get counted aspart of leave.
2) Leave: An Articled Assistant is entitled to leave amountingto one sixth ofperiod actually served. So, if you see the word‘actually’, it makes the quantum of leave very dynamic tocalculate. So, asper the institute, if someone is in three yearsof articleship. that means– total number of days = 365 x 3 =
1095 days.
Suppose leave taken is 180 daysThen, number of days actually served = 1095 – 180 = 915 daysNow, 915 / 6 = 152 daysSo, excess leave taken = 180 – 152 = 28 days : which theArticle will have to serve additionally to his normal duration ofarticleship– if he has already taken 180 days leave !
Consequently, the maximum number of leavepermissible in athree year articleship is 155 days. And for a three and half yeararticleship it is around 180 days.

The other thing is, that if one is attending any Seminar/
conference/ training courses organised by the institute or
appearing in any exam of the institute, those days are counted
as
part of articleship. So, if one is attending the three month
training session organised by the institute then those three
months of training are
part of your articleship training.

Also, in case of ITT training, 20 days are specified as
part of
articleship. So if someone does ITT while doing articleship
–
upto 20 days
period is
part of articleshp
– excess of that
period
(even if it
be due to fault of institute in taking more than 20
days for 100 hours training) would be counted as leave.

Also, if one is attending GMCS while doing articleship, that
period (90 hours) would be counted as
part of articleship and
not leave. Usually GMCS is finished in 2 weeks flat.

Similarly if one is appearing in Exams conducted by ICAI like
Inter / Final while doing articleship
– then that
period of exam
(inclusive of vacant days in between that exam) would be
counted as
part of articleship training.

3) Timing of Work: The institute clearly states that the article
has to do 35 hours of training
per week. As the institute
puts it,
the office for the Article should not start
before 9 AM and not
end after 7 PM. And that the office should not start after 11
AM or end before 5 PM. The duration of 35 hours is
exclusive
of lunch period! The institute also provides that if for some
reason the work period in a week reaches 45 hours, then the
Article has to be given compensatory leave.