ICAI - Permission for pursuing a course along articleship

[CA. Rahul Bajaj]

Permission for pursuing a course along articleship [Regulations 65 & 78, Form 112] - (18-09-2009)

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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

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warm regards,
CA. Rahul Bajaj
Partner - M/s. Rahul Bajaj & Co.
Chartered Accountants
B-4, Anudeep Park,
Nr Tupsakhare Lawns, Tidke Colony,
Nasik 422002 MS India
Call @ 91-253-2314120, 9371114120

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