An associate or a fellow chartered
accountant, who has been in practice continuously in India or outside India is
eligible to train an articled assistant or assistants.
Similarly, an associate or a fellow chartered accountant who
is employed as a paid assistant with a chartered accountant in practice or in a
firm of such chartered accountants is also eligible to engage an articled
assistant or assistants.
Effective from 17.8.2007 the entitlement of members in
practice to train articled assistants is as follows:
Category |
Period of |
Entitlement of |
||||
(i) |
An practice for a period up to 3 years |
1 |
||||
(ii) |
An practice for any period from 3 years |
3 |
||||
(iii) |
An |
7 |
||||
(iv) |
An |
10
|
In the case of an associate or a fellow practising
outside India, the Council may impose such additional terms and conditions as
it may deem fit, which is as follows.
Training of Articled Assistants outside India
i)
A Chartered
Accountant is eligible to train an articled assistant provided his main
occupation is the practice of the profession of Accountancy at the time of
engaging articled assistants as well as in each of the qualifying years on the
basis of which he claims eligibility to train articled assistants.
ii) Any
member engaged in any other business, occupation or holding part time
certificate of practice, is not entitled to train articled assistant.
iii) The
member in practice shall have a professional address in India in his own charge
or in charge of another member.
iv) The
terms and conditions that may be made applicable for training articled
assistant in India from time to time shall mutates mutandis apply for training
of articled assistant abroad.
v)
The period of
practical training shall be 3 years or 3½ years, as applicable, under a
practising chartered accountant abroad. However, the articled / audit
assistants should have an option to undergo industrial training in accordance
with the Regulations 51 & 72 of the Chartered Accountants Regulations, 1988
during the last one year of training.
vi) The
Industrial Training may be imparted by the Chartered Accountants working abroad
in a financial, commercial or industrial undertaking with minimum fixed assets
& minimum total turnover or minimum paid up capital as may be specified by
the Council (whatever the value specified in terms of Indian currency may be
deemed as applicable in foreign countries in their respective currencies) or
such other organization or institution approved by the Council
vii) The
terms & conditions contained in Regulation 54 dealing with secondment shall
be applicable to the articled assistants receiving training abroad.
viii) The
Principal shall send training reports as prescribed alongwith the service
certificate to be issued in Form 109 & 108 as the case may be
ix) The
principal shall impart training in accordance with the guidelines contained in
Training Guide. He shall maintain a record of practical training imparted by
him to the articled assistant and report to the Council in the form prescribed
in the training guide.
x) The
rates, terms and conditions of stipend prescribed as payable to the articled
assistants receiving training in India shall be applicable to the articled
assistants receiving training aboard except that the same rate of stipend in
equivalent terms specified in respective national currencies of the countries
concerned instead of Indian rupees.
xi) Regulation
of training in terms of office hours and working days holidays will be
applicable as per local office timings and laws. However, requirements of total
training hours will be the same as applicable in India, the terms of which are
given hereunder: –
a)
The working hours for
the articled assistants shall be 35 hours in a week excluding the lunch break.
b) The
office hours of the Principal for providing article training to the articled
assistant shall not be generally before 9.00 a.m. or after 7.00 p.m.
c) The
normal working hours for the articled assistant shall not start after 11.00
a.m. or end before 5.00 p.m.
d) The
working hours for the articled assistants should not exceed 35 hours in a week
excluding the lunch break and normally an articled assistant be required to
work during the normal working hours fixed for articled assistants.
e) In
case of exigencies of work with Principal, an article assistant may be required
to work beyond his / her normal working hours. However, under such
circumstances, the aggregate number of working hours shall not exceed 45 hours
per week. The requirement to work beyond 35 hours in a week should not be a
practice but only in exceptional circumstances. Further, where the articled
assistant is required to work beyond normal working hours, and aggregate of
such hours exceed 35 hours per week, he / she shall be entitled to compensatory
leave calculated with reference to number of completed working hours, over and
above, 35 hours per week.
Working
hours of an articled assistant
“The minimum working hours of an articled assistant
shall be 35 hours per week (excluding lunch break) which shall be regulated by
the Principal from time to time, subject to such directions and guidelines, as
may be issued by the Council.”