Breach of Regulation 65 & 78 – Non submission of Form 112
In partial modification of the guidelines as contained in the Announcement dated 14th September 2009, it is hereby notified for the information of all concerned that the Council, in its 291st meeting held on 16th and 17th December 2009, has decided that delay in submission of Form 112 for having done additional / other course alongwith articleship through correspondence mode of study/private student (where there was no requirement of attending any classes at all)/early morning classes/evening classes (with no clash/overlapping between office and teaching hours) be condoned by taking a liberal view of the lapse on the part of the students concerned and membership be granted, as an amnesty measure for all such requests already received or to be received upto 31st March 2010.
However, for additional/other course pursued during day time classes along with articleship, two or more courses at a time alongwith articleship and / or where there is overlapping between working and teaching hours, the Council decided that each such case will be individually considered by the Executive Committee in the light of its decision taken at its 486th meeting held on 21st August 2009 and delay may be condoned and membership may be granted by imposing certain condition(s), as it may deem fit, to be fulfilled by the students concerned before enrollment as a member.
It is notified that wherever any statement made by a student or member is found to be false or varying with the facts discovered during the scrutiny process or later at any stage, the student and/ or member concerned will be liable to be proceeded with in accordance with the Chartered Accountants Act, 1949 and Regulations/Rules framed thereunder.
It was further decided that the student / articled assistants who have not yet taken permission for pursuing a course of study – whether academic or professional – alongwith articleship are advised, in their own interest, to submit Form 112 (can be downloaded from www.icai.org) so as to reach the concerned regional office of the Institute at Mumbai, Chennai, Kolkata, Kanpur or New Delhi, as the case may be, on or before 31st March 2010.
No request for condonation of breach of Regulation 65 & 78 for delay in submission of Form 112 will be considered effective from 1st April 2010.
Joint Secretary (MSS) 05th January, 2010
=======================================================
Permission for pursuing a course along articleship [Regulations 65 & 78, Form 112] - (18-09-2009) Attention of the students /articled assistants is drawn to Regulation 65 of the Chartered Accountants Regulations, 1988, reproduced below: -
“Without the previous permission of the Council, obtained on application made in the approved form, no articled assistant shall, during the period of his service as an articled assistant, take any other course of study or training, whether academic or professional, or engage in any business or occupation.”
Of late, it has been noted with concern that the students / articled assistants have not been adhering to the requirements of the aforesaid Regulations while pursuing another course alongwith articleship and have been declaring such a fact while applying for enrolment as a Member of the Institute and seeking condonation for Breach of Regulation 65 /78 for having not taken the permission at the appropriate time.
The Executive Committee while considering such cases expressed its anguish and exhorted the students / articled assistants to pursue only one course alongwith articleship, even that be a graduation course and seek permission of the Council by filing of Form 112 duly certified by the Principal i.e. Chartered Accountant and the Principal of the College concerned within 30 days of taking admission.
The Executive Committee has further noted that the additional course(s) has / have been pursued by the students / articled assistants in violation of the provisions of Regulation 65/ 78 and directed that all requests including cases for which condonation requests have been received be dealt with, in terms of the guidelines, provided herein below: -
|
Period of Delay |
Condition(s) to be complied with by the student for condonation of delay in filing of Form 112. |
|
Upto 1 year |
Condone the breach of Regulation 65 and enroll, after three months, from the date of the meeting at which a decision is taken for condonation. |
|
More than 1 year but upto 3 years |
Condone the breach of Regulation 65 and enroll, after six months, from the date of the meeting at which a decision is taken for condonation. |
|
More than 3 years but upto 5 years |
Condone the breach of Regulation 65 and enroll, after one year, from the date of the meeting at which a decision is taken for condonation. |
|
More than 5 years but upto 7 years |
Condone the breach of Regulation 65 and enroll, after two years, from the date of the meeting at which a decision is taken for condonation |
|
More than 7 years but upto 10 years |
Condone the breach of Regulation 65 and enroll, after two years, from the date of the meeting at which a decision is taken for condonation as well as on completion of the three months’ Residential Course |
|
More than 10 years |
Condone the breach of Regulation 65 and enroll, after three years, from the date of the meeting at which a decision is taken for condonation as well as on completion of the three months’ Residential Course. |
The Committee further decided that the students / articled assistants who have not so far taken permission for pursuing additional course alongwith articleship are required to file Form 112 duly completed with the Institute on or before 31st December, 2009 and thereafter no request for Breach of Regulation 65 / 78 will be considered for condonation.
It is clarified that similar provisions will apply to the audit assistants mutatis mutandi.
The above decisions of the Executive Committee are brought to the attention of the Students / articled assistants / audit assistants for necessary compliance. Secretary
14th September, 2009
CAclubindia
