as I said in my very first post...i need logical argument....also I do not intend to challenge everything...for eg. the dummy regulation..Rishabh, it would be wrong to say that the institute does not have any regulations for that...it has...only that we need to prove that there is an instance of such dummy proceedings and report to the institute...

when I say logical arguments, I intend to target the said circular and its content...for challenging the dummy thing or low stipends etc and other stuff, u would need to be proactive and alert...I am sure that all of us are aware of instances of dummy articleship but none of us report the same to the Institute..and it is our prerogative to work in a firm with low stipend or with high stipend..the institute does not force us to join firms with low stipend....however, what we can challenge is the stipend rules framed by the institute...

 

So I would request you all to frame logical arguments and send it over to me through Personal Message(PM)..

Dude listen when we started pcc we were given a prospectus..the prospectus stated tat we could take transfer(old rules)..than how can the institute come up with rules tat r reversal of the former...it is just like wen u apply fr a shares ..u r given a prospectus...he the directors dont go according to the prospectus ,they can b prosecuted...cuz they r playin wit the public money...similarly d institute cannot come wit rules tat we r not bound to...it could have come wit a notification tat they r bound fr the new entrants not the former...

We are majors ..how can the institute say tat we need parents transfer certificate to get a transfer in another city...we have right to leave anywhere in INDIA..without the need of parents to stay wit us..

 go for it dude

Hello Mohit,

I would be rather happier if you all join me for the same instead of giving me thumps up!!

IN MY OPINION , EVERYTHING THAT CAN BE JUSTIFIED WITH AN EXAMPLE IS LOGICAL.....AND EXCEPTING THE 5TH POINT I MENTIONED, REMAINING CAN BE EASILY JUSTIFIED BY GIVING TO THE POINT INSTANCES.... 

One of the main points with which we can try to convince the court is by saying that

while we joined this course it was not mentioned anywhere that we cant take transfers, and all of a sudden the institute cant put such a biased rule which will change our career altogether !!

Its totally unfair, as the institute did not give us any chance to put forward our views...is the institute trying to emulate HITLER by showing its authority ?

i suggest you read this blog

 

https://mindofthefirestarter.blogspot.com

 

You will get quite a few ideas.

 

May The force be with you !

thank you Abbas....it was quite informative....

Hi

Wonderful move.

ICAI has always exploited students for the unjustified benefits of its members. The articles are already very much exploited by their employers. The new rules will simply add the difficulty for the poor helpless students.

Why the institute do not make same rules for the CAs like:

1. The articles will not be forced to work more than 35 hours a week.

2. they will get compensatory leaves for extra work done.

3. Check and control the monthly payment of stipend.

4. Any CA found guilty will be debarred.

5. Along with form 109 and 108 details of payment of stipend should also be furnished. (Ch. No., Date etc.)

Further why the Institute is not trying to stop dummy partnerships made by its members.

Inspite of being a chartered accountant, I appreciate your move and feelings.

Best of luck!!!!!!!!!!

Hi Ram,

I am also victim of this rule, I suffered a lot because of this rule, it almost spoiled everyting my life. I was not satisfied with the work in my old firm so put my cv to KPMG. In the first week of May-09, I received a call for interview from KPMG, Bangalore and I was selected for articleship. I received the formal offer letter from KPMG (BSR & Co) via email which was duly accepted by me on following day.
During my discussion with the HRD-KPMG, Bangalore on formalities required to be completed in wake of the new announcement (dt.27-Mar-09 and dt.18-Apr-09) by the ICAI restricting transfer except in certain circumstances, I was being informed that re-registration can be done up to 15-May-09. It was on account of new announcement by ICAI on 28-Apr-09 (date might be incorrect as there are no references available on the institute’s website in this regard). On the basis of their assurance, I took a transfer from my old firm.
On the day of designated date of joining KPMG i.e. 11-May-09, I was informed that it will not be possible for them to take me as an article as the extension announcement doesn’t hold good on 11-May-09.

Now my old firm also refused me take in so i had to come back to my native( Rajasthan). Here also i m struggling for getting registration here. I will probably loose my 6 months and all the opportunities of learning in next two years.

SO I STRONGLY SUPPORT YOUR PLEA AND I WILL GIVE YOU WATEVER TYPE OF SUPPORT U WANT FROM MY SIDE.MY DAD HAS SOME HIGH LEVEL CONTACTS PLEASE NOTE DOWN HIS NO. 9214420438. PLEASE FEEL FREE TO ASK ANY TYPE OF HELP FROM MY SIDE.

LETS BE TOGETHER AND FIGHT ANGAINST STRINGENT RULE.

If the Articles were to file a writ of Certiorary in the High Court under Article 226 and in Supreme under Article 32, I am certain that the ICAI will be forced to dilute the strangulating   provision of restricting transfer to another CA. Else it will be quashed altogether.

I am a lawyer.I know. Earlier similar provision existed for new lawyers when they had to undergo compulsory training under an Advocate for one year. They could be enrolled as an Advocate with the Bar Council of India only on production of such a certificate. That provision was struck down.

To me it is a simple legal  issue : the rule by itself has the potential to cause exploitation.

ranjan please check your mail....and Gunjan please send a mail at roark.2022 @ gmail.com so that we can discuss the details....

gunjan...please send over your cell number too

In my opinion, help in this regard can also be taken from members of lawyersclubindia....... @ www.lawyersclubindia.com