Section 90 in The West Bengal Co-Operative Societies Act, 1983
90. Audit of accounts of co-operative society. -
(1)The accounts of every co-operative society shall, at least once in each co-operative year, be audited at the expense of the co-operative society by the [Director of Cooperative Audit] [Words substituted by West Bengal Act 27 of 1989 and West Bengal Act 22 of 1992, respectively.] or [by a person appointed or authorised by the] [Words, figures and brackets substituted by West Bengal Act 27 of 1989.][(Director of Co-operative Audit) to act as audit officer by general or special order in writing in this behalf] [Words substituted by West Bengal Act 27 of 1989 and West Bengal Act 22 of 1992, respectively.] from among the officers under his administrative control or from the panel of auditors [, which shall include, among others, members of the Institute of Cost and Works Accountants of India constituted under the Cost and Works Accountants Act, 1959 (hereinafter referred to in this section as the Institute),] [Words inserted by West Bengal Act 21 of 1990.] prepared by him for this purpose.(1A)[ 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, which shall be issued at least one month prior to the closing date of a co-operative year, direct that the cost audit, or performance audit or both, of such society or class of societies as may be specified in the order shall be conducted.] [Sub-sections (1A) and (1B) inserted by West Bengal Act 21 of 1990.](1B)[ Where any order is issued under sub-section (1A) the] [Sub-sections (1A) and (1B) inserted by West Bengal Act 21 of 1990.][Director of Co-operative Audit] [Words substituted by West Bengal Act 27 of 1989 and West Bengal Act 22 of 1992, respectively.] shall appoint under clause (a) of sub-section (2) a member or members of the Institute from the panel of auditors referred to in sub-section (1) to be the audit officer or audit officers to conduct the audit of such society or class of societies, and such audit officer or audit officers shall complete the audit within the period specified in sub-section (2) and shall submit the report in accordance with the provisions of sub-section (1) of section 91.(2)(a)The [Director of Co-operative Audit] [Words substituted by West Bengal Act 27 of 1989 and West Bengal Act 22 of 1992, respectively.] shall draw up an audit programme (including appointment of audit officers, issue of appointment letters to audit officers and intimation of such appointment to the co-operative society) not later than [the closing date of each co-operative year.] [Words, figures and brackets substituted by West Bengal Act 27 of 1989.](b)An audit officer appointed under clause (a) shall complete the audit [within nine months from the closing-date of the co-operative year concerned.] [Words, figures and brackets substituted by West Bengal Act 27 of 1989.](c)If the audit officer appointed under clause (a) does not take up the audit within three months from the date of his appointment shall stand cancelled and the [Director of Co-operative Audit] [Words substituted by West Bengal Act 27 of 1989 and West Bengal Act 22 of 1992, respectively.] shall appoint another audit officer in his place:[Provided that nothing in this clause shall apply to the officers of the Directorate of Co-operative Audit of the State Government.] [Proviso inserted by West Bengal Act 27 of 1989.](3)Every co-operative society shall send [to the [(Director of Cooperative Audit) and to the Registrar within three months from the closing-date of each co-operative year] [Words substituted by West Bengal Act 27 of 1989.][This 'Explanation' substituted by West Bengal Act 27 of 1989.] an annual return consisting of a cash account, a profit and loss account, a balance sheet and a trading account (where applicable) in the prescribed form.(4)The [Director of Co-operative Audit] [Words substituted by West Bengal Act 27 of 1989 and West Bengal Act 22 of 1992, respectively.] shall not appoint the same audit officer to audit the accounts of the same co-operative society for [more than two] [Words substituted by West Bengal Act 27 of 1989.] successive co-operative years:Provided that when the audit of the accounts of any co-operative society is in arrear for two years or more, an audit officer may be entrusted by the [Director of Co-operative Audit] [Words substituted by West Bengal Act 27 of 1989 and West Bengal Act 22 of 1992, respectively.] to audit the accounts of the co-operative society for all such co-operative years.(5)If, at the time of audit, the audit officer finds that the accounts of the co-operative society are not complete, he shall report the matter to the [Director Co-operative Audit] [Words substituted by West Bengal Act 27 of 1989 and West Bengal Act 22 of 1992, respectively.]. The [Director Co-operative Audit] [Words substituted by West Bengal Act 27 of 1989 and West Bengal Act 22 of 1992, respectively.] or, with his approval, the audit officer may cause the accounts to be completed at the expense of the co-operative society.(6)An audit under sub-section (1) shall include examination of overdue debts (if any), verification of cash balance and securities and valuation of assets and labilities of a co-operative society and such other matters as may be prescribed.(7)The audited statement of accounts of a co-operative society together with the modifications, if any, made therein by the [Director of Co-operative Audit] [Words substituted by West Bengal Act 27 of 1989 and West Bengal Act 22 of 1992, respectively.] shall be final and binding on the co-operative society.(8)An audit under sub-section (1) shall include annual audit, running audit and re-audit.Explanation. - (i) "Annual audit" shall mean audit of accounts of a cooperative society for each co-operative year.(ii)"Running audit" shall mean audit of the accounts of a co-operative society within a co-operative year on monthly or quarterly basis as the [Director of Co-operative Audit] [Words substituted by West Bengal Act 27 of 1989 and West Bengal Act 22 of 1992, respectively.] may decide.(iii)"Re-audit" shall mean audit of the accounts of a co-operative society for checking up the quality or standard of any previous audit. The co-operative society shall pay for every annual audit, running audit or re-audit such audit fee in such manner as may be prescribed.(9)[ The audit officers appointed from the panel of auditors shall be paid by the co-operative society concerned such audit fee as may be prescribed.] [Sub-Section (9) Inst, by West Bengal Act 27 of 1989.]
