We are now facing the problems due to a few unscrupulous auditors. Therefore to protect Student's Interest the Institute should withdraw the notification of NON-TRANSFERABILITY OF ARTICLESHIP Provision.
Some of them are behaving us like Bonded Laborersand even if we are not getting enough exposure we are required to continue with the same. This is against the Constitutional Freedom Provided to the Citizens in our country. More students are taking DUMMY ARTICLESHIP due to this hardship.
We all should request our Institute to stand on our behalf and save the student’s Interest. As I personally think that we the students of ICAI are the backbone and future of ICAI and the Profession.
If the whole world is adopting Free Market Mechanismthen why our institute can’t. We all have seen the failure of our beloved mother India up to 1991 due to the License Rajand Protectionism . The same should not happen again in our Profession.
We All have to fight against this. But what I personally think the CA Students may not support me as many students have taken Dummy and they never want these kind of reform(most belongs to higher class families) and other students are belongs to lower and lower middle class Families or some one who tried to be honest to the profession (like me). The second categories are suffering more and many of them are in fear, Then I have decided to go for Press Conference and I will write a letter to the Institute and CC to National Human Rights Commission, Prime minister andPresident of India and seek help from them. If the Institute is not responding the issues then I will file a Pitition in High Court and Further decided to go for a Hunger Strike for this and we will take Public Support. All this I have decided to do even if No body is with me. Thank You all and I will never Quit. If you all want to support me -send post cards Once in a week to the Institute stating the matters and they will be compelled by that.
But My friends never blame your principal or the Institute for this, Even though they are wrong some where as this is the Principle of NON- VIOLANCE and SATYA-GRAHA
1 Like
udayraj.mone
(C.A.P.E.-II Student)
(26 Points)
Replied 18 January 2011
hi,
i want to know what are the procedures to start the articleship, as i have cleared group II and also completed ITT course.
Non violence and satyagraha cannot work against idiots. If you wish to fight against this injustice, then visit this forum and do the same for students around you:
I have forwarded the following messages to the PUCL which is working for the conservation of Fundamental rights and Mr. Binayak sen is one of the member and Chatisgarh Office bearer and president you can see the web at www.pucl.org
To
The People’s Union for Civil Liberties(PUCL)
Sub- Request for the changes in the Articleship (Training for CA students) provision due to conflict with the Fundamental rights and also detrimental to the objective of professional excellence.
Dear Sir
I am a student of ICAI (CA Final). After completion of CA Inter we have to undergo for a period of 3 years to 3.5 Years Articleship and after completion of 2 years of Articleship Training we can attend the CA Finalexam ( For CA old students) and for new students similar provisions exits.
The very purpose of the training is to make us professionally competent. But there are many auditors who are not doing the audit properly. They may instruct us not to check something or do the audit only for name shake, some of them are not guiding properly( You have come across the 2G Spectrum and Satyam issue). Due to these some of us are not getting enough exposure and wanted to take terminations. Some of them are not behaving well and we are like the bonded Laborers in their hands as The Institute ( ICAI ) has made the articleship as non-transferable. We can take the termination on medical ground (followed by loss of 6 months as the next attempt we can give the exam) and parent’s transfer case. Some of them are using the students for the house hold works and in the other businesses carried on by them. If you have any doubt you can make a survey or a string operation. The Article Assistants are also ill paid Rs 1500/- to 5,000/-. A few cases of s*xual harassments and mis-behaves are also coming to our knowledge.
The institute has made this provision inapplicable for the first 1 year i.e. they can transfer the articleship in the first year is permissible. But we want it to be applicable for the whole articleship period. Though in the first year the transfer is permissible, the principal can very well motivate or put pressure on the assistant.
We can take Industrial Training in the last 1 year of articleship but the CAs are not allowing the students in most of the cases. The Institute has made a provision to apply to regional council against these kind of cases but no student can dare to speak against the principal as they are having the fear of smashing their carrier by the institute and the principal will write what ever he want and the Institute will punish them.
This is against the Constitutional rights provided to the Citizens in our country. More students are taking dummy articleshipdue to this hardship (taking fake certificate of training which is not good for the Institute and the students nor also for the profession). This is against the human rights. There may be other provisions applicable against these kind of notification issued by the ICAI(which is coming under state as per article 13(2) of the constitution).
This is for your information and necessary action. Kindly make a analysis of the above facts through the Legal Committee of PUCl. I am attaching the Notifications concerned on this behalf. The suppression of the students can be known by a visit to the CA Club an Interactive platform for CA students and Professionals Web- www.caclubindia.com
Your faithfully
Deepak Kumar Sahoo.
Chennai (native- Orissa)
I request all of you to contribute with your experince of exploitation and the rules, laws and provisions overriding or taking an opposit view to the provision for articleship(Fixed Principal). I will utilise your suggestions to form a requestletter to be givin to the Institute and the president and prime minister of india and take help of other organisations for this.
Kindly give suggestions and answer to the questions
1. whether this provisions are strengthing or wickening the profession and give the causes why you think so.( No need to disclose member's name)
2. What best should be done to develop the profession and retain the losing glory of the accountion profession in India.
2 Like
Siddharth
(Get Digital Signature Certificates (DSC) in 30 minutes! Click on send PM!)
(672 Points)
Replied 29 January 2011
I suggest you to write to the President, ICAI. In case of any unscrupulous CAs abusing their authorities, I'm sure proper action/s will be taken. If you are scared of raising your voice any wrongs, be it your Principal, how can you present your true and unbiased opinion when you become a CA/ auditor yourself. Your opinion is likely to be dependent, compromised and unfair. For any illegal actions of the CA, don't hesitate to report to police.
You gotta learn this in your aritcleship period only. Learn to be bold, confident and brave.
ICAI does not prevent transfers, just cite a justified reason.
I have been to the Institute to submit the 109 form, but even they are not receiving itand asking me for fake doctor certificate and NOC from principal there fore I have decided to fight strongly
The NOC is givin here by for your reference-
To
The Institute of Chartered accountants of India
Sub- No Objection Certificate
No Objection Certificate
I Mr. CA.---------------- the partner of ------------------hereby declares that I have signed the attached documents Form 109 in my full knowledge and believe. I am not being affected by any misrepresentation, coercion or any other influence to give the samefrom any-body to sign the attached documents.
I am also giving my consent and no-objection for the termination of Mr. Deepak Kumar Sahoo. ERO-------------- from my firm w.ef. -------------- as per the mutual consent on account of his family issues and frequent health problems arising due to difference in food cultures. The Institute is hereby requested to proceed for the same and grant him the termination.
Regards
C.A R. C. Krishnen
Membership No.
Firm No.
Date-01/02/2011
Place- Chennai
However I will visit tomorrow and force them to receive it or give the reason in written for non receipt. These people are thinking as if they are govt. servants and non-questionable. Even they have strong idea that the Institute will not change the provision and Institute is not questionable. But I will continue to fight even I am loosing the fight. We will apply one after another weapon-
Free market economy is as like as the Democracy, As democracy will persist where the Voters/ Citizens are educated in real sence rather being bookish which refers to only informative. Then the real life situation should be little varient to Ideal, not too much. When the gap will be Increased too much a revolution will be needed to bring it near to Ideal. For more information call me on 09658165655 or mail me on sahoodeepak117 @ rediff.com. You can refer to an Economics book
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