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State of Bihar - Section

Section 91 in The Bihar Municipal Act, 2007

91. Power of Auditor.

(1)The municipal accounts as contained in the financial statement, including the accounts of special funds, if any, and the balance sheet shall be examined and audited by Director Local Fund Audit or his equivalent authority or an Auditor appointed by the State Government from the panel of professional Chartered Accountants prepared in that behalf by the State Government.
(2)[ An Annual Report prepared by the Examiner of Local Accounts, Patna shall be laid on the both Houses of State Legislature.] [Substituted by Bihar Act No. 7 of 2011, dated 27.5.2011.]
(3)The Chief Municipal Officer shall submit such further accounts to the Auditor and [Examiner of Local Accounts] [Substituted 'CAG' by Bihar Act No. 7 of 2011, dated 27.5.2011.], as may be required
(4)The Auditor so appointed under sub-section (1) may:-
(a)require, by a notice, in writing, the production before him, or before any officer subordinate to him, of any document which he considers necessary for the proper conduct of the audit,
(b)require, by a notice, in writing, any person accountable for, or having the custody or control of, any document, cash or article, to appear in person before him or before any officer subordinate to him,
(c)require any person so appearing before him, or before any officer subordinate to him, to make or sign a declaration with respect to such document, cash or article or to answer any question or prepare and submit any statement, and
(d)cause physical verification of any stock of articles in course of examination of accounts.
(5)The Auditor, or the officer subordinate to him, may report any item of accounts contrary to the provisions of this Act to the Empowered Standing Committee.
(6)The Empowered Standing Committee shall consider the report of the Auditor alongwith test audit report of the [Examiner of Local Accounts] [Substituted 'CAG' by Bihar Act No. 7 of 2011, dated 27.5.2011.], as early as possible and shall, if necessary, take prompt action thereon, and shall also, if necessary, surcharge the amount of any illegal payment on the person making or authorizing it, and charge against any person responsible there for the amount of any deficiency or loss incurred by the negligence or misconduct of such person or any amount which ought to have been, but is not, brought into account by such person, and shall, in every such case, certify the amount due from such person:Provided that any person aggrieved by an order of payment of certified sums may appeal to the State Government whose decision on such appeal shall be final.
(7)Any person who wilfully neglects, or refuses to comply with, the requisition made by an Auditor, or the officer subordinate to him, shall, on conviction by a court, be punishable with fine which may extend to two thousand rupees in respect of each item included in the requisition.