Definition of Money bill Article 110(1) for Central Govt & 199(1)for State Govt • (a)The imposition, abolition, remission, alteration or regulation of any tax • (b)the regulation of the borrowing of money or the giving of any guarantee by the Go. I/State, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the State • ©the custody of the Consolidated Fund or the Contingency Fund of the Go. I/ State, the payment of moneys into or the withdrawal of moneys from any such fund • (d)the appropriation of moneys out of the Consolidated Fund of the Go. I/State • (e)the declaring of any expenditure to be expenditure charged on the Consolidated Fund of the Go. I/State, or the increasing of the amount of any such expenditure
• (f)the receipt of money on account of the Consolidated Fund of the Go. I/State or the public account of the Go. I/State or the custody or issue off such money; or • (g)any matter incidental to any off the matters specified in sub clauses (a)to(f) • (2)a. A Bill shall not be deemed to be a money Bill by reason only that it provides for the imposition of fines or other pecuniary penalties, or for the demand or payment of fees for licences or fees for services rendered, or by reason that it provides for the imposition, remission, alteration or regulation of any tax by any local authority or body for local purposes • (3)If any question arises whether a Bill is a Money bill or not, the decision of the Speaker of the House of the People/State Legislative Assembly thereon shall be final
• (4)There shall be endorsed on every Money Bill when it is transmitted to the Council of States/Legislative Council under Article 109/Article 198 and when it is presented to the President/Governor for assent Article 111/Article 200, the certificate of the Speaker of the House of the People/Legislative assembly signed by him that it is a Money Bill.
Assent to Bills Article 111(Go. I) & 200(State) • When a Bill has been passed by the House of Parliament/Legislative Assembly, it shall be presented to the President/Governor, and the President/Governor shall declare either that he assents to the Bill or that he withholds assent therefrom. • Provided that the President/Governor may as soon as possible after presentation to him of a Bill for assent return the bill If it is not a Money Bill to the House with a message requesting that they will reconsider the Bill or any specified provisions thereof and in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and when a Bill is so returned, the Houses/assemblies shall reconsider the Bill accordingly , and if the bill is passed again by the Houses/assemblies with or without amendment and presented to the President, the President shall not withhold assent therefrom
Article 112 & 202 • The president/Governor shall in respect of every financial year cause to be laid before both the Houses of Parliament/Legislative Assemblies/councils a statement of the estimated receipt of expenditure of the Go. I/State for that year, in this part referred to as the “annual financial statement” • The estimates of expenditure embodied in the “annual financial statement” shall show seperately • (a)the sums required to meet expenditure described by this Constitution as expenditure charged upon the Consolidated Fund of India/State and
• • • b)the sums required meet other expenditure proposed to be made from the Consolidated Fund of India/State and shall distinguish expenditure on revenue account from other expenditure. (3)the following expenditure shall be expenditure charged on the Consolidated Fund of India/State (a)the emoluments and allowances of the President/Governor and other expenditure related to his office; (b)the salaries and allowances of the Chairman and the Deputy Chairman of the Council of states/Legislative council and the Speaker/Deputy Speaker of the House of the people/Legislative Assembly ©debt charges for which Go. I/State Govt is liable including interest, sinking fund charges and redemption charges, and other expenditure relating to the raising of loans and the services and redemption of debt; (d)(i)the salaries, alllowances and pensions payable to or in respect of Judges of the Supreme Court/High Court (
• (ii)the pensions payable to or in respect of Judges of the Federal Judges of Supreme Court • (iii)the pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in relation to any area included in the territory of India or which at any time before commencement of constitution exercised jurisdiction in relation to any area included in a Governor’s Province of the Dominion of India • (e)the salary, allowances and pensions payable to or in respect of the Comptroller and Auditor General of India • (f)any sums required to satisfy any judgement, decree or award of any Court or arbitral tribunal; • (g)any other expenditure declared by this Constitution or by Parliament/Legislative assemblies by law to be so charged
Article 113 & 203 Demand of Grants • (1)So much of the estimates as relates to expenditure charged upon the Consolidated Fund of India/State shall not be submitted to the vote of Parliament/State assemblies • (2)So much of the said estimates as relates to other expenditure shall be submitted in the form of demands for grants to the House of People/state assemblies and the House of the People/assemblies shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction off the amount specified therein • (3)No demand for a grant shall be made except on the recommendation of the President/Governor
Appropriation Bills Article 114 & 204(State) • (1)There shall be introduced a Bill to provide for the appropriation • • out of the Consolidated Fund of India/State of all moneys required to meet (a)the gants so made by the House of the People/Assemblies (b)the expenditure charged on the Consolidated fund but not exceeding in any case the amount shown in the statement previously laid before Parliament/assemblies (2)No amendment shall be proposed to any such Bill in parliament/assemblies which will have the effect of varying the amount or altering the destination of any grant so made or of varying the amount of any expenditure charged on the consolidated fund and the decision of the person presiding as to whether an amendment is inadmissible under this clause shall be final (3)Subject to article 115 & 116 /205 & 206 no money shall be withdrawn from the Con Fund except under appropriation made by law passed in accordance with the provisions of the article
Article 148 , 149 150 & 151 • 148: Appointment by president, six years tenure salaries & allowances pensions and administrative expenses charged on consolidated fund • 149: Duties and powers prescribed • 150: Form of accounts of the Union and of the States • 151: Audit Reports shall be submitted to the President/Governor who shall cause them to be laid before each house of Parliament/assemblies
Role of C&AG in regard to Audit • C&AG is the sole authority prescribed in the Constitution entrusted with the responsibility of audit of accounts of the Union and the States. It is the duty of the C&AG receipt and expenditure of the Union and each State and the Union Territory Govt. The duties of the C&AG also extend of audit of Govt Companies and Corporation and bodies and authorities in accordance with the laws made by the legislature and rules made thereunder • The C&AG examines and certifies the Finance Accounts and the Appropriation Accounts of the Union and of each State and the Union Territory having a legislative assembly irrespective of the agency that is responsible for their compiliation.
• The Finance accounts of the Govt show the receipt and disbursement of the Govt for the financial year with the financial results disclosed by the revenue and capital accounts, the accounts related to public debt and assets and other liabilities as prescribed. • The Appropriation Accounts show the expenditure of the Govt compared with the amounts authorised the legislature with explanation for significant variations between the two by way of saving or excess beyond the prescribed limits of such variations
Financial Audit • Whether the accounts of Govt are properly prepared, are complete in all respects and are presented with adequate disclosures. • (1)books of accounts and the financial statements for their compliance with the applicable laws, rules and regulations, accounting principles, policies and acceptable standards including conformity with the form of accounts prescribed by the President/Governor on the advice of the C&AG; • (2)completeness of the books of accounts and the financial statements, this also includes critical review of the amounts that are not adjusted to their final classifications; • (3)accuracy of the books of accounts and the financial statements including consistency between the related statements;
• (4)timeliness of the books of accounts and the financial statements • (5)adequacy of disclosures including appropriate and necessary explanations for any entry or amount that is prima facie unusal; & • (6)in the case of Appropriation Accounts in addition to the above(a)the amount of actual expenditure for its legal availability for and application to the service or purpose in accordance with the scope and intent of the grant; (b)the orders of re-appropriation and surrender of funds for their legality, competence and propriety; and© the explanations for the significant variations between the amount of actual expenditure and the amounts authorised by the legislature, beyond the prescribed limits of such variations, for their veracity.
• Govt deptt shall send copies of orders of reappropriation and surrender of funds within one month after the closure of financial year. A nil statement shall be sent if no such order was issued. • Orders of re-appropriation shall comprehensively and explicitly state the reasons for the transfer of funds between different units of appropriation. The reasons for surrender of funds should also be similarly stated. • Reasons for excess/shortfall in expenditure beyond the limits prescribed for the purpose under any unit of appropriation vis-a-vis the amount provided for it
• the reasons for any significant variations between the amount of expenditure and the amounts of receipts of the accounts and the corresponding amounts for the preceding year. • The statement for differences, if any, in the cash balance as per the books of accounts and the balance as per the books of the Reserve Bank of India • The explanation for any items that are prima facie unusual including adverse and insufficient balances; • The reasons for variations, if any, between the closing balances of the preceding year and the opening balances of the year of accounts in respect of heads of accounts that do not close to Govt account. • Confirmation of the outstanding amounts of loan and interest on loans • Details of overdue loans and interest on loans • The statement of outstanding guarantees including the amounts(original amounts as well as the amounts outstanding at the end of the year)
• The confirmation of the amounts of guarantees(original amounts as well as the amounts outstanding at the end of the year)from the parties on whose behalf the guarantees were issued; • The details of guarantees invoked during the year • The amount of guarantees fees received and the amount in arrears: • The details of incomplete works costing more than the limit prescribed by the audit office from time to time and • Yearwise analysis of the amount outstanding under ’Remittance’ and ’Suspense’ heads of accounts
Audit of Expenditure(Section 13 of C&AG’s DPC Act 1971) • • Authorises C&AG to audit all expenditure from the Consolidated Fund of India and of each State and of each Union Territory having legislative assembly, Section 13 readwith section 2(e)of the Act also authorises the C&AG to audit all transactions for the Union and of the states and Union Territories relating to Contingency Funds and Public Accounts. Whether adequate, proper and sound systems and procedures are in place and are being complied with, both in letter and spirit for spending public money. Checks for expenditure audit (a)Appropriation, that is, the availability of funds in the budget, including supplementary grant(s)and re-appropriation; this also includes(a)examination of the orders of reappropriation for their legality, competence and propriety; and (b)confirmation that the expenditure is within the scope and intent of the grant and does not attract the limitation of new service or new instruments of service. Authorisation by the authority that is competent to do so Evidence by way of vouchers payees acknowledgements etc Monitoring control and reporting as prescribed in the Govt rules In the case of Public accounts for the availability of credit for any withdrawal and in case of contingency fund availability of sufficient balance in the funds for any amount of advance as well as timely resumption to the fund of any such amount
Audit of Receipt (Section 16 of C&AG DPC Act 1971) • Authorises the C&AG to audit all receipts(both revenue & Capital)of the Govt and of Govt of eacch state/Union Territory having legislative assembly and to satisfy himself that the rules and procedures are designed to secure an effective check on the assessment, collection and proper allocation of revenue and are being duly observed. • Audit of receipts includes an examination of the systems and procedures and efficacy in respect of • (1)identification of potential tax assessees, ensuring compliance with laws as well as detection and prevention of tax evasion; • (2)pursuit of claims with due diligence and that these are not abandoned or reduced except with adequate justification and proper authority; • (3)prompt investigation of losses of revenue through fraud, default or mistake including, if required , through the review of other similar cases • (4)exercise of discretionary powers in an appropriate manner including levy of penalties and initiation of prosecution.
• (5)appropriate action to safeguard the interests of the Government on the orders passed by departmental appellate authorities; • (6)any scheme as may be introduced by the govt from time to time. • (7)any measures introduced to strengthen or improve revenue administration • (8)amount that may have fallen into arrears, maintenance of records of arrears and action taken for the recovery of he amounts in arrears. • (9)other ancillary and non assessment functions including expenditure incurred by the departments • (10)achievement of targets. accounting and reporting of receipts and their cross verification and reconciliation with the accounts records; • (11)amounts of refunds, rebates, drawbacks, remissions and abatments to see that these are correctly assessed and accounted for andd • (12)any other matter, as may be determined by CAG • Scope of audit of receipts includes examination of integrity of data, information and documents which form the basis of a policy
Audit of Assets & Liabilities(Section 17 of CAG DPC Act 1971) • Authorises audit and report on the accounts of the stores and the stocks kept in any office or deptt • Manner in which accounts of stores & Stock is prescribed by C&AG • Audit of stores and stock is primarily an extension of audit of expenditure, additionally it involves verifying that adequate and sound systems and procedures are in place and complied with for • (1)establishment of the need for procurement of stores; • (2)proper assessment of requirement of sttores, includingg where applicable, determination of reserve stock limit
• (3)authorisation of procurement of stores • (4)procurement of stores in a cost-effective manner in accordance with the prescribed systems and procedures • (5)receipt, inspection, custody, issue and accounting of stores including appropriate segregation of duties of personnel and reconciliation of stores accounts with books of accounts; • (6)verification of physical balances at prescribed intervals, and reconciliation and resolution of discrepancies between physical balances and balances as per records without delay; and • (7)identification of obsolete and surplus stores, their disposal by way of sale and/or transfer to other unis, divisions etc. and accounting of corresponding receipts or write off after proper investigation
Audit of Grant in Aid and Loans • It is an extension of audit of expenditure. Additionally it examines whether the amount of Govt assistance is utilised for the intended purpose • Whether systems and procedures are in place and are being complied with for • (1)clear enunciation of purpose for the sanction of the Govt assistance • (2)proper and transparent identification and selection of persons, bodies and authorities for Govt assistance with reference to their antecedents, absorptive capacity, financial position, systems and management practices.
• (3)Determination of amount of assistance and its timely release; • (4)proper accounting of assistance by the grantee o the loanee including maintenance of acccounts in such form as may be prescribed. • (5)ensuring the fulfillment of conditions of Govt assistance • (6)monitoring and ensuring the economical efficient and effective end use of assistance including achievement of the objectives o assistance • (7)refund to Govt of any unutilised amount and • (8) in the case of loans, their repayment as prescribed and recovery of interest including penal interest according to applicable conditions
Audit of Bodies and Authorities substantially financed from Union or State Revenues(Section 14) • Section 14(1)authorised CAG to audit the receipts and expenditure of a body or authority if(a)the amount of Govt grant or loan paid to it in a financial year is not less than rupees twenty five lakh and also (b)the amount of such grant or loan is not less than seventy five per cent of its total expenditure during the year. Audit under this section is subject to the provisions of any law applicable to the body or authority • (2)Section 14(2)of the Act provides that the CAG may with the previous approval of the President or the Governor of a state or the Admn of UT having legislative assembly as the case may be audit all receipts and expenditure of a body or authority where the amount of Govt grants or loans to the body or authority in a financial year is not less than rupees one crore • (3)Where the receipts and expdr of a body or authority are audited under sub section (1) or (2) of section 14 for a particular year, the CAG is authorised under section 14(3)of the Act to continue to audit its receipts and expenditure for a further period of two years even if the conditions stated in sub section (1)or(2)are not satisfied during any of the two subsequent years.
Audit of bodies and authorities under section 15 • (1)where any grant or loan is given for any specific purpose from the consolidated fund of india or any state/UT having legislative assembly to any authority or body not being a foreign state or international organisation , the CAG is authorised to scrutinise the procedure by which the sanctioning authority satisfies itself as to the fulfilment of the conditions subject to whichsuch grants or loans were given • (2)the president or the governor of state or the admn of UT having legislative assembly as the case may be if he is of the opinion that it is necessary to do so in public interest and after consultation with CAG may relieve the CAG from making any such scrutiny in respect of any body or authority receiving such grant or loan
• As per section 15(1)the CAG is authorised to have access with reasonable previous notice to the books and accounts of the grantee body or authority for the purpose of scrutinising the procedures by which the sanctioning authority satisfies itself as to the fulfillment of he conditions attached to the Govt assistance. • Under Section 15(2)except where he is authorised so to do by the President the Governor of a State or the Admn of a UT as the case may be by CAG shall not have, while exercising the powers conferred on him by Section 15(1)right of access to the books and accounts of any corporation to which any such grant or loan as is referred to in section 15(1)is given if the law by or under whicch such corporation has been established provides for the audit of accounts of such corporation by an agency other than the CAG. No such authorisation shall be made except after consultation with the CAG and after giving the concerned corporation a reasonable opportunity of making representation in this regard
Audit of Govt Companies(Section 19 of DPC Act 1971) • 1. Appointment of Statutory Auditor: the statutory auditor of Govt Company or a deemed Government company shall be appointed by the C&AG from amongst persons qualified to act as auditors undder Companies Act 1956. The CAG shall appoint the statutory auditor for a financial year through a process of selection as may be prescribed and thereafter, subject to the following regulation, reappoint him on year toyear basis unless special circumstances warrant appointment for a longer period. The total period of appointment including the initial appointment should not ordinarily exceed four financial years • 2. The CAG is authorized to direct the manner in which the statutory auditor shall audit the accounts of the company and to give such auditor instruction in regard to any matter relating to the performance or functions as such and conduct a supplementary or test audit of the accounts of he company
• The company shall make available the balance sheet and the profit and loss account and any other statements or documents declared under the companies act 1956 to be part of or annexed to the balance sheet and the P&L account(called annual accounts)duly adopted by the Board of directors and audited by the statutory auditor to the AG Audit within three months after the close of the year of accounts for timely finalization and issue of comments of the C&AG and for consequently holding the annual general meeting of the company within the time stipulated in the companies Act 1956. In respect of nonlisted companies AG may extend the said date by month ,
• In addition to the supplementary audit of annual account of Govt company CAG may conduct test audits during the year. This audit shall cover transactions entered into by the company with a view to examining their regularity propriety, probity economy efficiency and effectiveness
Audit of Corporations under Section 19(2) • CAG shall audit the accounts of the Corporations established by or under law made by the Parliament • Where the CAG is the sole auditor of a corporation the financial audit is conducted in accordance with the auditing standards issued by the CAG, Audit shall verify whether systems and procedures are in place and implemented to ensure that the accounts (1)comply with the requirements of the applicable law(s) rules and administrative instructions(2)comply with the accounting standards prescribed by the ICAI(3)contain adequate disclosures in respect of financial transactions(4)present a true and fair views of the corporation’s financial position.
Audit of State Corporations and other bodies and authorities under Section 19(3) • Governor of a state/UT having legislative assembly may where he is of the opinion that it is necessay in the public interest so to do request the CAG to audit the accounts of a corporation estd by law made by the legislature of the State/UT and where such request has been made, the CAG shall audit the accounts of such corporation and for the purpose of such audit, right of access to the books and accounts of such corporations.
Audit under Section 20 • 20(1)The audit of accounts of any body or authority the audit of which has not been entrusted to the CAG by or under any law made by Parliament may subject to the proviso contained in section 20(3) also be entrusted by the President or the Governor of a State or Admn of UT to the CAG • 20(2)the audit of accounts of anybody or authority the CAG may propose to the president or the Governor of a State or the Admn of a UT that he may be authorised to undertake the audit • 20(3)audit shall be entrusted to the CAG only if the President or the Governor of a State or of Admn of UT is satisfied that it is expedient to do so in the public interest and after giving reasonable opportunity to the concerned body or authority to make representation with regard to the proposal for such audit.
Auditing in Information Technology Environment • The term auditing in IT environment encompasses auditing IT systems including those under development, and IT assisted audits, Auditing in IT environment is a methodology of audit and can be applied to all types of audit namely financial audit, compliance audit and performance audit. • Audit may examine the IT system at various stages such as feasibility study system development, implementation and maintenance. This is to ensure that IT assets are safeguarded and appropriate controls are in place toe nsure (a)integrity of the system(b)reliability availability and confidentiality of the data and information and© compliance of the system with rules and procedures
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