Section 25B:
Powers and duties of auditors and auditor's report.
1[25B. Powers and duties of auditors and auditor’s report.—(1) Every auditor of the Corporation
shall have a right of access at all times to the books of account and vouchers of the Corporation, and shall
be entitled to require from the officers of the Corporation such information and explanation as the auditor
may consider necessary for the performance of his duties as auditor, and shall, amongst other matters,
inquire into the following matters, namely:—
(a) whether loans and advances made by the Corporation on the basis of security have been
properly secured;
(b) whether the terms on which loans and advances have been made are prejudicial to the interests
of the Corporation or its members;
(c) whether transactions of the Corporation which are represented merely by book entries are
prejudicial to its interests;
(d) whether so much of the assets of the Corporation as consist of shares, debentures and other
securities have been sold at a price less than that at which they were purchased;
(e) whether loans and advances made by the Corporation have been shown as deposits;
(f) whether personal expenses have been charged to revenue account;
(g) where it is stated in the books and documents of the Corporation that any shares have been
allotted for cash, whether cash has actually been received in respect of such allotment, and if no cash
has actually been so received, whether the position as stated in the account books and the balancesheet is correct, regular and not misleading:
Provided that the auditor shall also have the right of access to the records of all the subsidiaries and
associate companies of the Corporation, in so far as they relate to consolidation of the Corporation’s
financial statements with those of such subsidiaries and associate companies.
(2) The auditor shall make a report to the members on the accounts examined by the auditor and on
every financial statement which is required by or under law to be placed in general meeting, and such
report shall, after taking into account applicable provisions of this Act and any other law for the time
being in force, the standards referred to in section 24B, and matters that are required to be included in the
audit report under the provisions of this Act or any other law for the time being in force, and to the best of
the information and knowledge of the auditor, state that the said accounts and financial statements give a
true and fair view of the state of the Corporation’s affairs as at the end of its financial year and profit or
loss and cash flow for the year.
(3) The auditor’s report shall also state—
(a) whether the auditor has sought and obtained all the information and explanations which to the
best of the auditor’s knowledge and belief were necessary for the purpose of audit and if not, the
details thereof and the effect of such information on the financial statements;
(b) whether, in the auditor’s opinion, proper books of account as required by law have been kept
by the Corporation so far as appears from the auditor’s examination of those books and proper returns
adequate for the purposes of audit have been received from branches not visited by the auditor;
(c) whether any report referred to in the proviso to sub-section (6) has been sent to the
Corporation’s auditor, and the manner in which the Corporation’s auditor has dealt with it in
preparing the auditor’s report;
(d) whether the Corporation’s balance-sheet and profit and loss account dealt within the report are
in agreement with the books of account and returns;
(e) whether, in the auditor’s opinion, the financial statements comply with applicable standards;
(f) the observations or comments of the auditor on financial transactions and matters which have
any adverse effect on the functioning of the Corporation;
(g) whether any director is disqualified to be or remain a director under clause (i) of section 4A;
(h) any qualification, reservation or adverse remark relating to the maintenance of accounts and
matters connected therewith;
(i) whether the Corporation has adequate internal financial controls with reference to financial
statements in place and the operating effectiveness of such controls;
(j) such other matters as may be prescribed.
(4) Where any of the matters required to be included in the audit report under this section is answered
in the negative or with a qualification, the report shall state the reasons therefor.
(5) All qualifications, observations or comments mentioned in the report of the auditor appointed for
the Corporation, in respect of financial transactions or matters that have any adverse effect on the
functioning of the Corporation, shall be read out in general meeting and shall be open to inspection by
any member.
(6) In respect of a branch or an office of the Corporation, the accounts shall be audited either by the
auditor appointed for the Corporation (herein referred to as Corporation’s auditor) in this section or by
any other person qualified for appointment as an auditor of the Corporation and appointed as such under
section 25, or where the branch or office is situated in a country outside India, the accounts of the branch
or office shall be audited either by the Corporation’s auditor or by an accountant or by any other person
duly qualified to act as an auditor of the accounts of the branch or office in accordance with the laws of
that country, and the duties and powers of the Corporation’s auditor with reference to the audit of the
branch or office and the auditor thereof, if any, shall be such as may be prescribed:
Provided that the auditor for a branch or office shall prepare a report on the accounts of the branch or
office, examined by such auditor and shall send it to the Corporation’s auditor, who shall deal with it in
the Corporation’s auditor’s report in such manner as the Corporation’s auditor may consider necessary.
Notes:
1. Subs. by Act 13 of 2021, s. 137, for section 25 (w.e.f. 30-6-2021)