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2. LLB


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Submitted by Ekta Jha

I. Section 81

1.The Registrar shall audit, at least once in each Co-Operative year the accounts 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 of class of Societies which the State Government may, from time to time, by notification in the Official Gazette specify by a person authorised by him by general or special order in writing in this behalf.

2.The societies other than the societies mentioned in clause 1 shall arrange to get their accounts 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.

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

(i) over dues 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;
(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 member.

(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 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 authorised shall, for the purpose of audit, at all 'time 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 head-quarters 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 maybe 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 transactions 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 there at, 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 to 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.

II. Inquiry by the Registrar(Section 83)

Section 83 provides that the Registrar may of his own motion, and shall on the application of one-third of the members of a society, himself or by a person duly authorised by him in writing in this behalf, hold an inquiry into the constitution, working and financial conditions of a society. In such cases he may require the applicant to deposit with him such sum of money as he may determine toward the cost of the enquiry.

At such an inquiry all officers, members, past members of the society are bound to furnish such information as in their possession and produce all books and papers relating to the Society and otherwise give all possible assistance to the officer holding the inquiry. If such a person refuses to produce any books or papers or to answer any question put to him he can be punished with fine not exceeding Rs 500.

Section 84 - Inspection of books of indebted society

Section 84 confers a right on a creditor of a society to get the societies books inspected by the Registrar. For this purpose he must make an application to the registrar stating that-
-he is a creditor of the Society
-his debt is due.
-he had demanded payment thereof.
-he had not received satisfaction of debt within a reasonable period of time.
-he has deposited the amount for the security of the costs of the proposed inspection.

Even if the above conditions are satisfied, the registrar is not bound to give an order of inspection as Sec-84 gives him a discretion to exercise judicially and not arbitrarily. If the result of any such inquiry or or inspection discloses any defects in the constitution, working or financial condition of a society the registrar may bring such notice to the inspection of the Society. He may direct such a society or its officers to take remedial measures within specified time. The Registrar may apportion the costs between the Society, the members or creditors demanding the inspection, the officers or former officers of the society, members or past members or the estate of the deceased members of the Society as he thinks fit.

Submitted by Ekta Jha


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