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Bare acts > Maharashtra Co-operative Societies Act, 1960 > Section 81
 
  


 

81. Audit.- (1) (a) The Registrar shall audit, or cause to be audited at least once in each cooperative year, by a person authorised by hi m by general or special order in writing in this behalf the account of every society which has been given financial assistance including guarantee by the State Government, or Government undertakings, from time to time, and the accounts of the apex societies, State and District Level Federal Societies,
District Central Co-operative Banks, Co-operative Sugar Factories, Urban Co-operative banks, Co-operative Spinning Mills, District and Taluka Co-operative Sale and Purchase Organisations, and any such Society or class of Societies which the State Government may, from time to time, by notification in the Official Gazette, specify.


(b) The societies other than the societies referred to in clause (a) shall arrange to get their account audited, at least once in each co-operative year by an auditor from the panel of auditors maintained by the Registrar, or by a chartered accountant holding a certificate in co-operative audit issued by the Institute of Chartered Accountants of India:

Provided that every third year the accounts of such societies shall be audited by the Registrar of by a person authorised by him in this behalf.


Provided that, the Registrar may, for reasons to be recorded in writing, audit or cause to be audited accounts of any such societies or any year and at any time.

(2) The audit under sub -section (1) shall include examination or verification of the following items, namely:-


(i) overdues of debts, if any;

(ii) cash balance and securities and a valuation of the assets and liabilities of the society;

(iii) whether loan and advances and debts made by the society on the basis of security have been properly secured and the terms on which such loans and advances are made or debts are incurred are not prejudicial to the interest of the society and its members;

(iv) whether transactions of the society which are represented merely by book entries are not prejudicial to the interest of the society;


(v) whether loans and advances made by the society have been shown as deposits;


(vi) whether personal expenses have been charged to revenue account;


(vii) whether the society has incurred any expenditure in furtherance of its objects;


(viii) whether the society has properly utilised the financial assistance granted by Government or Government undertakings or financial institutions, for the purpose for which such assistance was granted;


(ix) whether the society is properly carrying-out its objects and obligations towards members.


(2A) Where, in the opinion of the State Government, it is necessary in the public interest to do so in relation to any society or class of societies for ensuring management thereof in accordance with sound business principles or prudent commercial practices, the State Government may, by order, direct that such society or class of societies shall prepare and maintain its accounts in the form determined by the State Government, from time to time and that cost audit or performance audit or both, of such society or class of societies, as may be specified in the order, shall be conducted.


(2B) Where any order is issued under sub -section (2A), the Registrar shall cause such audit of such society or class of societies to be conducted by a cost accountant who is a member of the Institute of Cost and Works Accountants of India constituted under section 3 of the Cost and Works Accountants Act, 1959.


(3) (a) The Registrar or the person auhorised 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 any such books, accounts, documents, papers, securities, cash or other properties, to produce the same at any place at the headquarters of the society or any branch thereof.

(b) The Registrar shall be competent to depute Flying Squad to a society or societies for examination of books, records, accounts, and such other papers and for verification of cash balance. The report of the Flying Squad shall be deemed to be an audit report for the purpose of taking further action, if necessary.

(c) The Registrar or the person authorised by him in this behalf may carry out or cause to be carried out the test audit of the accounts of any society. The test audit shall include the examination of such items as may be prescribed.


(4) Every person who is, or has at any time been, an officer or employee of the society, and every member and past member of the society, shall furnish such information in regard to the transaction and working of the society as the Registrar, or the person authorised by him, may require.


(5) The auditor appointed under sub-section (1) shall have the right to receive all notices and every communication relating to the annual general meeting of the society and to attend such meeting and to be heard thereat, in respect of any part of the business with which he is concerned as auditor.


(5A) 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 at the society.


(5B) The auditor shall submit an audit memorandum duly signed by him 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 Act and present the true and fair view of the financial transaction of the society.


(6) If it appears to the Registrar, on an application by a society or otherwise, that it is necessary or expedient to re-audit any accounts of the society, the Registrar may by order provide for such re-audit and the provisions of this Act, applicable to audit of accounts of the society shall apply to such re-audit.

 

 

 

 

 

 

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