Form 112 ICAI Penalty Rules Condonation Procedure

 Form 112 ICAI Penalty Rules Condonation Procedure

 Many CA students have questions if can you do any other Course like CS, CMA, B.com along with Articleship. Prior permission of the ICAI to pursue any course of study either through correspondence, Private or Regular (be it a graduation or post graduation) should be obtained by submitting Form 112 duly filled in and signed by the student his employer and the Principal of the College at the time of joining the articles or during the period of articles if intending to join or joined subsequently.

Condonation for Non Submission of Form 112:

Students might already be aware that, you are prohibited to undergo any other course while undergoing Articleship training, unless you have submitted Form 112 to ICAI within 180 days.

Many students are studying CS, CMA, B.com etc along with Articleship, without submitting Form 112 (Students who have already completed Articleship can ignore this Condonation rule).

Examples of Courses covered under this Rule are:

B.COM DISTANCE	NO
B.COM REGULAR	YES
LLB	YES
COMPANY SECRETARY	YES
CMA	YES
CFA	YES
FRM	YES

So, Students who voilated this rule (not filed Form 112 within 180 days of joining Articleship) can rectify it by paying a Condonation fee of Rs.5,000 to ICAI within 9 months from today.

You now need to submit Form 112, along with a DD of Rs.5,000 drawan in favour of Additional Secretary, ICAI.

Before recommending and forwarding application of the articled assistant, the principal must ensure that:

The working hours for the articled assistant shall be 35 hours in a week excluding the lunch break.

The office hours of the principal for providing articled training to the articled assistant shall not be generally before 9.00 a.m. or after 7.00 p.m.

The normal working hours for the articled assistant shall not start after 11.00 a.m. or end before 5.00 p.m.

The working hours for the articled assistant 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.

Incase of the exigencies of work with the principal, an articled 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.

During the working hours, the articled assistant is not permitted to attend college / other institutions for pursuing any course including graduation. Accordingly, college timings of such course should not be such ( after taking into account the time required to commute) which clashes with the normal working hours of the article training.

The working hours do not clash with the graduation or any other course, if any pursued by the articled assistant, each articled assistant registered on or after 1st April, 2008 shall now be required to obtain specific permission from the ICAI for pursuing graduation or other course as permitted under the Chartered Accountants Regulations by submitting Form No. 112, within one month from the date of joining the College or course to the ICAI.

The articled assistant presently registered and undergoing graduation or any other course and who have not obtained specific permission shall be required to obtain the specific permission from the ICAI by submitting Form No. 112 within six months of issue of these guidelines, i.e. by 30th September, 2008 . However those students who have already obtained the specific permission by submitting Form No. 112 need not obtain it again and the permission granted shall continue to be valid.

The Certificate in Form No. 112 indicating college timings etc. shall be counter-signed by the concerned principal of the college with the seal and stamp of the college and also indicating the telephone number/s and full address of the college.

Leave in connection with the permitted course for the days of the relevant examination may ordinarily be granted by the principal. Any other leave for such course may be granted at the discretion of the principal.