Leave taken by CA Students during exams not to be included in the calculation of maximum Leave

The brief Summary of Leave for article clerk of CA students (Regulation 59) is given below for reference. CA students should be aware that during the period of CA examination (including the intervening holidays) are entitled to be present and should not be marked Leave. 

Regulation 59. Leave to an articled clerk of ICAI

1.     An articled assistant shall earn at the rate of one-sixth of the period for which he has actually served, excluding from such period, the period for which he has been on leave subject to a maximum of 180 days.

2.     An articled assistant who has served as an audit assistant before the commencement of his articles shall, in addition to the leave earned under this regulation, be entitled to leave equal to one-half of the leave earned and not availed of as an audit assistant, subject to a maximum of three months.

3.     Leave due shall ordinarily be granted if reasonable notice has been given to the principal by the articled assistant.

4.     For the purposes of preparing for an examination of the Institute, the articled assistant shall be granted by the Principal leave for three months or to the extent due, whichever is less, provided an application for the leave has been made at least fifteen day in advance.

5.     Leave not earned may also be granted by the principal subject to the condition that the total leave to be taken by the articled assistant shall not exceed one-seventh of the total period of this actual service, together with the leave due under sub-regulation (2).

6.     Notwithstanding anything contained in the foregoing sub-regulations, the principal shall allow the articled assistant to receive training in the Teritorial Army, the Home Guards or any similar organisation approved by the Council and shall treat the period of such training not exceeding sixty days in a year, as period actually served under articles.

7.     For the purpose of this regulation, the days (including intervening holidays) on which an articled assistant appears for any examination under these Regulations or Attends a course of academy of accounting conducted by the Institute and recognised by the Council in this behalf, shall not be treated as have leave but would be treated as period actually served under articles. Explanation – (1) For the removal of doubts, it is clarified that attendance by an articled assistant with the consent of the principal, at a conference, including Course on Information Technology Training, and Course on General Management and Communication Skills or seminar organised by the Institute including a regional council or a students association or a branch or a regional council for the benefits of assistants, shall be treated as period acutally served under articles.(2) An articled assistant who has secured admission in a course at an academy of accounting conducted by the Institute shall be relieved by the Principal, without termination of articles, for attending the academy.

 As per my view this article might be useful because most of us are unaware of the fact that during the examination we are actually serving for articleship training and it should not be marked leave.