ritesh (ca final articled assitant) (176 Points)
16 October 2009I got registered into ca final on 24 april 2009 and actually started my training on 1 may 2009. Till now it has been 5.5 months and i have not got any stipend. Can anybody tell me what is the procedure to take transfer on the basis of non payment of stipend?? Please tell me that way so that my prinicipal does not get angry with me and also i am able to get transfer smoothly?
Amit Ingale
(Student CA Final)
(1454 Points)
Replied 16 October 2009
Ritesh ! i would suggest that, first u talk with your CA, as why he is not paying you.
The discussion between you and your CA is very important before going public on that issue.
and by the way there some "profesional ethics" Developed by the ICAI.
and your issue is covered vide caluse 1 (in Regulation 48 ) ) part-II of Second Schedule to ICAI Act 1949.
Amit Ingale
(Student CA Final)
(1454 Points)
Replied 16 October 2009
Please refer the case "B.B.Rahagi ", which talk about the such issue. (decision of high Court / Council)
as per the decision of commitee, the stipend should be paid on monthly basis.
Amit Ingale
(Student CA Final)
(1454 Points)
Replied 16 October 2009
But i would like to mention very important thing to you is that, all these professional Ethics are for CA. i.e from side of Ca and the the students.
i.e it says only if CA does or does not do such things then.............
it does not give any right to article as such.
and i dont think that "Non-payments of stipend" is one of circumstances for Transfer of Articleship. But , still i will look for the whole of situation when article are allowed transfer.
Reagrds
Amit
Saif Shaikh
(Audits and Tax)
(86 Points)
Replied 16 October 2009
Saif Shaikh
(Audits and Tax)
(86 Points)
Replied 16 October 2009
Deeps
(Article Assisstant)
(2485 Points)
Replied 16 October 2009
santhosh
(Student)
(1174 Points)
Replied 16 October 2009
Better to take transfer by some other reason so that he will not get angry.... but you will be eligible to transfer only after 6 months of joining...... many cases are there.... some give cheque and collect back as cash.....
shikha
(student)
(30 Points)
Replied 30 October 2009
Hiiiee......friends..
My sir has not yet provided me stipned ....actualy i haven't asked him to give me stipend earlier because he only give cheque for formality and takes the cash back so i was also delaying asking for it.....and neither he turned up to fulfill that formality....Also to some of my office articals he provided stipend in lumpsum at last (few months before exam) and took back the cash. But now since i want to take transfer from my firm can i use this tool for seeking transfer. He has not provided me stipend since 15 months now.... Can in future he will deny by saying that he has made a provision under my name in his book of accounts and never refused to pay and it was only me who didn't asked for it .......
How much time this transfer procedure takes ????
shikha
(student)
(30 Points)
Replied 30 October 2009
Also note that my PCC attempt is in MAy 2010 ..... will it be extended if i take this step due to transfer time process ??? My 18 months will complete by 18th January 2009
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