Audit

The Dadra and Nagar Haveli and Daman and Diu Co-Operative Societies Regulation, 2024

Corporate2024155 sections12 chapters

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Chapter VIII AUDIT, INQUIRY, INSPECTION AND SUPERVISION

Statutory text

(1) The Registrar shall audit, or cause to be audited by a person possessing prescribed qualifications and authorised by the Registrar by general or special order in writing in this behalf, the accounts of every society at least once in each year and the person so authorised shall be an auditor for the purposes of this Regulation: Provided that in case of a co-operative society carrying on the business of banking, the guidelines and audit as provided by the Reserve Bank from time to time shall be followed: Provided further that the co-operative banks shall obtain permission from the Reserve Bank for the appointment, re-appointment and termination of auditors as per the provisions of the Banking Regulation Act, 1949.
(2) The auditor shall for the purpose of audit, at all times have access to all the books, accounts, documents, papers, securities, cash and other properties belonging to, or in the custody of the society and may summon any person in possession or responsible for the custody of such books, accounts, documents, papers, securities, cash or other properties to be produced at the headquarters of the society or any branch thereof.
(3) If, it appears to the Registrar on an application or otherwise that it is necessary or expedient to get any account of the society re-audited, the Registrar may, by an order, provide for re-audit and the provisions of this Regulation applicable to the audit of accounts of the society shall apply to such re-audit.
(4) The Registrar shall, by an order, provide for a special audit of any society on its own motion or on the basis of the recommendation of the Reserve Bank or, as the case may be, the National Bank and the provisions relating to audit of accounts of the society under this section shall apply to such special audit.
(5) For auditing the accounts of a society under this section, every society shall be liable to pay to the auditor such amount of audit fee as may be prescribed for different categories or class of societies.
(6) The Registrar may, in consultation with the National Bank specify prudential norms including capital to risk weighted assets ratio for Primary Agricultural Credit Co-operative Societies Provided that in the case of a co-operative society carrying on the business of banking, the guidelines on prudential norms issued by Reserve Bank from time to time shall apply.
(7) The Administrator may, by rules, provide for the form and manner in which and the period within which the accounts of the society or the class of societies shall be prepared and submitted for the purpose of online audit.
(8) The auditor’s report shall contain,—
- (i) all particulars of the defects or the irregularities observed in audit and in case of financial irregularities and misappropriation or embezzlement of funds or fraud, the auditor or the auditing firm shall investigate and report the modus operandi, the entrustment and amount involved;
- (ii) the accounting irregularities and their implications on the financial statements shall be indicated in detail in the report with the corresponding effects on the profit and loss;
- (iii) irregularities or violations observed or reported, the responsibilities for such irregularities or violations.
(9) If, it is brought to the notice of the Registrar that the audit report submitted by the auditor does not disclose the true and correct picture of the accounts, the Registrar or the authorised person may carry out or cause to be carried out a test audit of accounts of such society and such test audit shall include the examination of such items as may be prescribed, and specified by the Registrar in such order.
(10) If, during the course of audit of any society, the auditor is satisfied that some books of accounts or other documents contain any incriminatory evidence against past or present officer or employee of the society, the auditor shall immediately report the matter to the Registrar and with previous permission of the Registrar, may impound the books or documents and give a receipt thereof to the society.
(11) The auditor shall submit his report within a period of one week from its completion to the society and to the Registrar in such form as may be specified by the Registrar, on the accounts examined by him and on the balance sheet and profit and loss account as on the date and for the period up to which the accounts have been audited, and shall state whether in his opinion and to the best of his information and according to the explanation given to him by the society the said accounts give all information required by or under this Regulation and present the true and correct picture of the financial transactions of the society: Provided that where the auditor has come to a conclusion in his audit report that any person, is guilty of any offence relating to the accounts or any other offences, he shall file a specific report to the Registrar within a period of fifteen days from the date of submission of his audit report and the auditor concerned shall, after obtaining written permission of the Registrar, file a First Information Report of the offence and the auditor, who fails to file First Information Report, shall be liable for disqualification and his name removed from the panel of auditors and shall also be liable to any other action as the Registrar may think fit: Provided further that when it is brought to the notice of the Registrar that, the auditor has failed to initiate action, the Registrar shall cause a First Information Report to be filed by a person authorised by him in that behalf: Provided also that on conclusion of his audit, if the auditor finds that there are apparent instances of financial irregularities resulting into losses to the society caused by any member of the Committee or officers of the society or by any other person, he shall prepare a special report and submit the same to the Registrar along with his audit report; and failure to file such Special Report, would amount to negligence on his part and he shall be disqualified for appointment as an auditor or any other action, as the Registrar may think fit.

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