Banking Regulation Act, 1949
30. Audit
[(1 ) The balance-sheet and profit and loss
account prepared in accordance with section 29 shall be audited by a person
duly qualified under any law for the time being in force to be an Auditor of
companies.]
(1A) Notwithstanding anything contained in any
law for the time being in force or in any contract to the contrary, every
banking company shall, before appointing, re-appointing or removing any Auditor
or Auditors, obtain the previous approval of the Reserve Bank.
(1B) Without prejudice to anything contained
in the Companies Act, 1956 (1 of 1956), or any other law for the time being in
force, where the Reserve Bank is of opinion that it is necessary in the public
interest or in the interests of the banking company or its depositors so to do,
128[it may at any time by order direct that the special audit of the banking
company's accounts, for any such transaction or class of transactions or for
such period or periods as may be specified in the order, shall be conducted and
may by the same or a different order either appoint a person duly qualified
under any law for the time being in force to be an Auditor of companies or
direct the Auditor of the banking company himself to conduct such special
audit] and the Auditor shall comply with such directions and make a report of
such audit to the Reserve Bank and forward a copy thereof to the company.
(1C) The expenses of, or incidental to,
129[the special audit] specified in the order made by the Reserve Bank shall be
borne by the banking company.]
(2) The Auditor shall have the powers of,
exercise the functions vested in, and discharge the duties and be subject to
the liabilities and penalties imposed of Auditors of companies by 130[section
227 of the Companies Act, 1956 (1 of 1956)] 131[and Auditors, if any, appointed
by the law establishing, constituting or forming the banking company
concerned].
(3) In addition to the matters which under the
aforesaid Act the Auditor is required to state in his report, he shall, in the
case of a banking company incorporated 102[in India], state in his report:-
(a) whether or not the
information and explanations required by him have been found to be
satisfactory;
(b) whether or not the
transactions of the company which have come to his notice have been within the
powers of the company;
(c) whether or not the
returns received from branch officers of the company have been found adequate
for the purposes of his audit;
(d) whether the profit
and loss account shows a true balance 132[of profit or loss] for the period
covered by such account;
(e) any other matter,
which he considers should be brought to the notice of the shareholders of the
company.